What are the scope of application and basic principles of the Labor Contract Law?

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Legal Analysis: The scope of application of the Labor Contract Law to employers: enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China, as well as returned state or domestic organs, public institutions, and social organizations; Scope of application for workers:

Employees who have reached the age of 16. The employer shall establish an employment relationship with the employee from the date of employment and shall conclude a written labor contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish a labor relationship, a written contract shall be concluded for the establishment of a contract with Lloyd's Register. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer may terminate the labor contract if the employer and the employee cooperate with the contractor.

1. What is the scope of application of the Labor Contract Law?

The scope of application of the Labor Contract Law is that employers that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts, including the following four types of enterprises:

1) Enterprises in China;

2) individual economic organizations;

3) Private non-enterprise units;

4) State organs, public institutions, and social organizations that have established labor relations with workers.

Labor Contract Law

Article 2 Scope of Application.

This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with this Law.

2. Provisions on compensation for termination of labor contracts

Severance is the severance paid to an employee when the employer terminates the labor contract. Severance is a one-time economic subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract.

According to Article 47 of the Labor Contract Law, severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be paid shall not exceed 12 years.

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

The scope of application of the Labor Contract Law only includes three types: 1. Enterprises in China; 2) individual economic organizations; 3. The state organs, public institutions, social organizations, and organizations that establish labor relations with workers are all protected by the Labor Contract Law, and I hope my knowledge can help you. 

Answer]: a, b, c, d

The test points involved in this question are the basic principles of the Labor Contract Law. The basic principles of the Labor Contract Law include the following aspects: the principle of legality, the principle of fairness, the principle of equality and voluntariness, the principle of negotiation and the principle of prudence and good faith.