LCL 17, 81; Mandatory Labor Contract Clauses

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The following provisions of the Labor Contract Law of the People's Republic of China (LCL) detail legal stipulations on mandatory contract provisions in labor contracts.

Article 17 Mandatory Labor Contract Clauses

A labor contract shall contain the clauses as follows:

(1) The employer's name, residence, legal representative or major principal;

(2) The worker's name, residence, number of identity card or number of any other valid identity certificate;

(3) The time limit for the labor contract;

(4) The work contents and place;

(5) The work time, rest and vacation;

(6) The remunerations;

(7) The social security;

(8) The labor protection, work conditions, and protection against and prevention of occupational harm; and

(9) Other matters that shall be incorporated in the labor contract according to any law or regulation.

Except for the essential clauses as specified in the preceding paragraph, the probation period, training, confidentiality, supplementary insurances, welfares and treatments, as well as other items may be stipulated in the labor contract by the employer and the worker.

第十七条　

劳动合同应当具备以下条款：

    （一）用人单位的名称、住所和法定代表人或者主要负责人；

    （二）劳动者的姓名、住址和居民身份证或者其他有效身份证件号码；

    （三）劳动合同期限；

    （四）工作内容和工作地点；

    （五）工作时间和休息休假；

    （六）劳动报酬；

    （七）社会保险；

    （八）劳动保护、劳动条件和职业危害防护；

    （九）法律、法规规定应当纳入劳动合同的其他事项。

劳动合同除前款规定的必备条款外，用人单位与劳动者可以约定试用期、培训、保守秘密、补充保险和福利待遇等其他事项。

Article 81 Remedies for Failure to Included Mandatory Clauses or Provide the Labor Contract

If a labor contract provided by an employer fails to specify any of the mandatory clauses as requires to be contained in such contracts by this Law or if an employer fails to deliver the document of the labor contract to the worker, it shall be ordered to make a correction by the labor administration department. If any damage occurs to the worker, the employer shall assume the liability for compensation.

第八十一条　

用人单位提供的劳动合同文本未载明本法规定的劳动合同必备条款或者用人单位未将劳动合同文本交付劳动者的，由劳动行政部门责令改正；给劳动者造成损害的，应当承担赔偿责任。

Labor Contract Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/08/23/content_281474983042501.htm 

中华人民共和国劳动合同法

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201605/t20160509_239643.html

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