Document No (24) 2003
Issued by Division of Labour Relation
Shanghai Municipal Labour & Social Security Bureau, April 25, 2003
The Concerned Commissions, Offices, Bureaus, The Labour & Social Security Bureaus at District and County Levels, The Holding (Group) Corporations:
In order to secure the normal order of the labour market, protect the legitimate rights of the workers, The Circular on Some Issues Concerning Special Labour Relationship is as the followings,
1. Special labour relationship in this Circular refers to the employment forms which are beyond the standard labour relationship regulated by the Labour Laws, or the contracted labour service relationship regulated by the Civil Laws; and under which the worker engages in paid work with an employer, but maintains labour relationship with another employer, or the worker does not meet the subject conditions as stipulated in the labour laws and regulations. 2. A special labour relationship is established where the employer employ labourers in any of the following categories, 1) Laid-offs that still maintain social insurance relationship with their original employers through agreement; 2) Off-work labourers that are under retirement age and receive living allowances from their original employers; 3) Labourers who have wages suspended with the original employer but are still in the employer’s personnel handbook; 4) Labourers exported by the professional labour service companies; 5) Retirees; 6) Migrant labourers that have not been approved by relevant authorities; 7) Other people that meet the previous stipulations. 3. Where a special labour relationship is established between the employers and the workers, the following labour standard shall be followed and implemented, 1) Stipulations on working hours; 2) Stipulations on labour protections; 3) Stipulations on minimum wages. Relevant labour rights and obligations may be negotiated and agreed between the concerned parties that have established the special labour relationships.
Document No (24) 2003
Issued by Division of Labour Relation
Shanghai Municipal Labour & Social Security Bureau, April 25, 2003
The Concerned Commissions, Offices, Bureaus, The Labour & Social Security Bureaus at District and County Levels, The Holding (Group) Corporations:
In order to secure the normal order of the labour market, protect the legitimate rights of the workers, The Circular on Some Issues Concerning Special Labour Relationship is as the followings,
1. Special labour relationship in this Circular refers to the employment forms which are beyond the standard labour relationship regulated by the Labour Laws, or the contracted labour service relationship regulated by the Civil Laws; and under which the worker engages in paid work with an employer, but maintains labour relationship with another employer, or the worker does not meet the subject conditions as stipulated in the labour laws and regulations.
2. A special labour relationship is established where the employer employ labourers in any of the following categories,
1) Laid-offs that still maintain social insurance relationship with their original employers through agreement;
2) Off-work labourers that are under retirement age and receive living allowances from their original employers;
3) Labourers who have wages suspended with the original employer but are still in the employer’s personnel handbook;
4) Labourers exported by the professional labour service companies;
5) Retirees;
6) Migrant labourers that have not been approved by relevant authorities;
7) Other people that meet the previous stipulations.
3. Where a special labour relationship is established between the employers and the workers, the following labour standard shall be followed and implemented,
1) Stipulations on working hours;
2) Stipulations on labour protections;
3) Stipulations on minimum wages.
Relevant labour rights and obligations may be negotiated and agreed between the concerned parties that have established the special labour relationships.
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