Article 39 of the Labor Law, what is the provisions of Article 39 of the Labor Law

Article 39 of the Labor Law of the People's Republic of China If an enterprise fails to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest measures with the approval of the labor administrative department.

1. Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

2. Article 38 The employer shall ensure that the worker has at least one day off per week.

3. Interpretation: It is not possible to implement that the daily working hours of workers shall not exceed 8 hours, the average weekly working hours shall not exceed 44 hours, and the workers shall be guaranteed at least 1 day off per week, and other work and rest methods may be implemented with the approval of the labor administrative department. Otherwise, it is a violation of labor laws.

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Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal Analysis: The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employing and friend-registered socks unit;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under one of the following circumstances

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 39 of the Labor Law reads: If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest methods with the approval of the labor code or the administrative department. Article 37 of the Labor Law stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 An employer shall ensure that a worker has at least one day off per week. Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of its production, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Article 36 of the Law of the People's Republic of China on Labor Service Mobilization Article 36 The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 38 of the Labor Law of the People's Republic of China stipulates that employers shall ensure that employees have at least one day off per week. Article 39 of the Labor Law of the People's Republic of China If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

Article 41 of the Labor Law of the People's Republic of China stipulates that an employer may, after consultation with the trade union and the workers, extend the working hours after consultation with the trade union and the workers, and generally shall not exceed one hour per dayIf it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the worker's physical health is guaranteed.

Article 39 of the Labor LawArticle 39 of the Labor Law and Article 39 of the Labor Law of the People's Republic of China If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest methods with the approval of the labor administrative department. 1. Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

2. Article 38 The employer shall ensure that the worker has at least one day off per week. 3. Interpretation: It is not possible to implement that the daily working hours of the workers do not exceed 8 hours, the average weekly working hours do not exceed 44 hours, and the workers should be guaranteed to have at least 1 day off per week.

Otherwise, it is a violation of labor laws. Do you understand this explanation?

Legal analysis: Article 39 of the Labor Law stipulates that the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period;(2) Yan Mu He Min seriously violated the rules and regulations of the employer;(3) Serious dereliction of duty, swift practice of personal gain, causing major harm to the unit that uses the auctioneer and demolition.

Legal Analysis] If an enterprise is unable to comply with the regulations in accordance with the regulations to ensure that the daily working hours of the workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours, other work and rest methods may be implemented with the approval of the labor administrative department. If an enterprise cannot guarantee at least one day off per week for its workers due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department. However, due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

During the Spring Festival, New Year's Day, National Day, Labor Day, and other holidays stipulated by laws and regulations, the employer shall arrange for employees to take leave in accordance with the law.

Legal basis] Labor Law of the People's Republic of China Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department. Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 38 The employer shall ensure that the employee has at least one day off per week.

If the employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract immediately and without economic compensation.

If the state of being held criminally liable for filial piety has ended, the employer shall not terminate the employment contract on this ground.

Article 39 of the draft of the Labor Law of the People's Republic of China If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.