LCL 16, 35, 81; Worker Rights to the Labor Contract

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The following provisions of the Labor Contract Law of the People’s Republic of China (LCL) stipulate worker rights to hold labor contracts, labor contract amendment requirements, and remedies if the contract is withheld from the worker.

LCL Article 16 Both Worker and Employer Hold Labor Contract Copy

A labor contract shall be concluded upon unanimity through consultation of the employer and the employee, and it shall become effective upon the signatures or seals on the text of the labor contract by the employer and the worker.

The employer and the worker shall hold one copy of the text of the labor contract respectively.

第十六条　

劳动合同由用人单位与劳动者协商一致，并经用人单位与劳动者在劳动合同文本上签字或者盖章生效。

劳动合同文本由用人单位和劳动者各执一份。

LCL Article 35 Labor Contract Amendment

Employers and workers may alter the contents as stipulated in the labor contract upon unanimity through consultation. The alterations to the labor contract shall be made in written form.

The employer and the worker shall hold one copy of the text of post-alteration labor contract respectively.

第三十五条　

用人单位与劳动者协商一致，可以变更劳动合同约定的内容。变更劳动合同，应当采用书面形式。

变更后的劳动合同文本由用人单位和劳动者各执一份。

LCL Article 81 Remedies for Labor Contract Being Withheld from Worker

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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