埃塞俄比亚劳动合同法(中英文 第二部分)

SECTION TWO Payment of Wages and other Payments on Termination of Contract of Employment 第二节 雇佣合同终止时,工资和其他款项的支付 36. Period of Payment支付期间 Where a contract of employment is terminated, wages and other payments connec
Payment of Wages and other Payments on Termination of Contract of Employment
第二节 雇佣合同终止时,工资和其他款项的支付
36. Period of Payment支付期间
Where a contract of employment is terminated, wages and other payments connected with wages due to the worker shall be paid within seven working days from the date of termination, provided, however, that the time of payment may be extended where the worker delays, because of his own fault to return property or any sum of money which he received from or is due to the employer.
37. Amount in Dispute支付金额的争议
In the event of a dispute as to the amount claimed by the worker the employer shall pay the worker the sum not in dispute within the time limit specified under Article 36.
38. Effects of Delay延误的后果
Where an employer fails to pay the sum due to the worker within the time limit specified under Article 36, the competent labor division of a court may order the worker to be paid his wage for the period of delay up to three month's wage except where the delay is due to causes beyond the control of the employer.
SECTION THREE Severance pay and Compensation
第三节 解雇费和补偿
39. General总述
1) A worker who has completed his probation:   结束试用期的工人:
(a) Where his contract of employment is terminated because the undertaking ceases operation permanently due to bankruptcy or for any other reason.
 (b) Where his contract of Employment is terminated by the initiation of the employer against the provision of law.
 (c) Where he is reduced as per the condition described under this proclamation.
 (d) Where he terminate his contract because his employer did things which hurts the workers human honor and moral or the thing done by the employer is deemed as an offence under the penal code.
 (e) Where he terminate his contract because the employer being informed of the danger that threats the security and health of the worker did not take measures, or
 (f) Where his contract of employment is terminated because of reason of partial or total disability and is certified by medical board.
Shall have the right to get severance pay from the employer.
2) Where a worker dies before receiving severance pay, the severance pay shall be paid to his dependants mentioned under Article 110(2).
3) The distribution of payment of severance pay to dependants in accordance with this article shall be effected in the same manner as the payment of disablement benefit.
40. Amount of Severance Pay解雇费的数额
The severance pay referred to in Article 39 shall be: 参照第39条规定,解雇费必须是:
1) thirty times the average daily wages of the last week of service for the first year of service; for the service of less than one year, severance pay shall be calculated in proportion to the period of service.
2) in the case of a worker who has served for more than one year, payment shall be increased by one-third of the said sum referred to in sub-article 1of this Article for every additional year of service, provided that the total amount shall not exceed twelve month's wage of the worker.
3) Where a contract of employment is terminated in accordance with Articles 24(4) and 29, the worker shall be paid, in addition to payments under sub-articles 1 and 2 of this Article, sum equal to 60 multiplied by his average daily wage of the last week of service.
41. Compensation for Termination of Contract of Employment without Notice
A worker who terminates his contract of employment in accordance with Article 32(1) shall be entitled, in addition to the severance pay referred to in Article 40, to a payment of compensation, which shall be thirty times his daily wages of the last week of service. This provision shall also apply to a worker covered by the relevant pension law.
SECTION FOUR  Effects of Unlawful Termination of Contract of Employment
第四节 雇佣合同非法终止的后果
42. General总述
Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful.
43. Reinstatement or Compensation of a Worker in the Case of Unlawful Termination
1) Where a contract of employment is terminated because of those grounds mentioned under sub-article (2) of Article 26, the employer shall be obliged to reinstate the worker, provided, that the worker shall have the right to payment of compensation if he wishes to leave his employment.
2) Subject to sub-article 1 of this Article, where a worker's contract of employment is terminated contrary to the provisions of Articles 24, 25, 27, 28 and 29 of this Proclamation, the labor dispute settlement tribunal may order the reinstatement of the worker or the payment of compensation.
在本条附款1)的条件下,若工人的雇佣合同终止违背本公告第24、25、27、28 及29条的规定,劳资争议解决法庭可命令雇主让工人复职或支付工人工资;
3) Notwithstanding sub-article 2 of this Article, the labor dispute settlement tribunal may order the dismissal of the worker upon payment of compensation even if the worker demands reinstatement where it believes that the continuation of the particular worker employer relations, by its nature is likely to give rise to serious difficulties. Similarly, where a worker who, after obtaining judgment of reinstatement in his favor decline to be reinstated, the labor settlement tribunal may order the dismissal of the worker upon payment of full compensation or fair compensation for the inconvenience he incurred having regard to the nature of the work and other circumstances of the case.
4) The compensation to be paid under sub-articles (1), (2) or (3) of this Article shall, in addition to the severance pay referred to in Article 39-40, be as follows; This provision shall also apply to a worker conversed by the relevant pension law.
a) one hundred eighty times the average daily wages and a sum equal to his remuneration for the appropriate notice period in accordance with Article 44 in the case of unlawful termination of a contract of employment for an indefinite period;
就不定期合同的非法终止而言,根据第44条规定,支付日平均工资的180 倍(相当于其合理通知期的报酬)的金额;
b) a sum equal to his wages which the worker would have obtained if the contract of employment has lasted up to its date of expiry Or completion provided, however, that such compensation shall not exceed one hindered eighty times the average daily wage in the case of unlawful termination of a contract of employment for a definite period or for piece work.
5) Where the first instance court orders the reinstatement of the worker in accordance with Sub-Articles (1) and (2) of this Article, the court shall order the payment of back-pay not exceeding 6 months wage. If the decision of reinstatement is confirmed by the appellate court it shall order payment of back pay not exceeding one year.
44. Exceptions例外
Notwithstanding the provisions of Article 43, non-compliance by the employer with the notice requirements specified under Article 35 shall only result in the payment by the employer, wages in Law of the notice period, in addition to any other compensation provided for under Article 40 of this Proclamation.
45. Liability of the Worker to pay compensation   工人的责任
1) A worker who terminates his contract of employment contrary to the provisions of Article 31 or 35(2) shall be liable to pay compensation to the employer.
2) The compensation payable by the worker in accordance with Sub-Article (1) of this Article shall not exceed thirty days wages of the worker.
CHAPTER FOUR Special Contracts第四章 特殊合同
SECTION ONE Home Work Contract第一节 家庭工作合同
46. Formation of Contract 合同情况
1) There shall be a home work contract when a person habitually performs work for an employer in his home or any other place freely chosen by him in return for wages without any direct supervision or direction by the employer.
2) An agreement for the sale of raw materials or tools by an employer to a home worker and the resale of the products to the employer or any other similar arrangements made between the employer and the home worker shall be deemed a homework contract.
3) The contract concluded between a home worker and an employer shall be deemed to be made for a definite period or piece-work.
4) The Minister may, in consultation with the concerned organs, prescribed by directives the provisions of this Proclamation that shall apply to home workers and manner of their applications.
47. Keeping of Records   记录
An employer who employs a worker on the basis of a home work contract shall keep a register containing the following and other relevant particulars;
1) full name, age, marital status and address of the worker; 工人的姓名、年龄、婚姻状况及地址;
2) the address where the work is to be carried out;  将要开展工作的工作地址;
3) the type, price, quality and quantity of material supplied by the employer to the worker;
4) the type of work, quality and quantity ordered;   要求的工种、质量和数量;
5) the time and place of delivery of the product or material; 产品或材料交付的时间和地点;       6) amount and manner of payment.   付款方式及数额。
SECTION TWO Contract of Apprenticeship第二节 学徒期限合同
48. Formation of Contract  合同情况
1) There shall be a contract of apprenticeship when an employer agrees to give a person complete and systematic training in a given occupation related to the function of his undertaking in accordance with the skills of the trade and the person in return agrees to obey the instruction given to carry out the training and works related thereto.
2) The contract of apprenticeship shall be concluded with the person whose age is not less than fourteen years.
3) The contract of apprenticeship and its modifications shall be valid only where it is made in writing and attested to by the Ministry.
49. Contents of the Contract  合同的内容
A contract of apprenticeship shall specify at least the following:
1) The nature and duration of the training of apprenticeship;  学徒期限培训的性质及持续时间;
2) the remuneration to be paid during the training;   培训期间拟支付的报酬;  
3) the conditions of work.    工作条件。
50. Obligations of the Parties 双方的义务
  1) The apprentice shall diligently follow the training and endeavor to complete it successfully.
2) The employer shall not assign the apprentice on an occupation, which is not related and does not contribute to his training.
51. Termination of a Contract  合同的终止
1) A contract of apprenticeship shall terminate on the following grounds:
  (a) at the expiry of the period fixed for the apprenticeship;   学徒期限到期;
   (b) by giving notice by either of the contracting party;    合同的任意一方通知;
   (c) when the apprentice terminates the contract without notice.
  2. The employer may terminate the contract of apprenticeship by giving notice referred to under Sub-Article (1) (b) of this Article, where:
 (a) he is no longer able to discharge his obligations on account of change of work or other causes beyond his control; or
 (b) the apprentice violates the disciplinary rules of the undertaking; or
  (c) the apprentice is permanently incapable of continuing his training or completing his training within the specified time limit.
 3. The apprentice may terminate the contract of apprenticeship by giving notice of termination referred to under Sub-Article (1) (b) of this Article, where;
 (a) the employer fails to observe his obligations under the contract or this Proclamation, or
   (b) the apprentice has good cause relating to his health or family or other similar grounds.
  4) The apprentice may terminate the contract without giving notice in accordance with Sub-Article (1) (c) of this Article where:
  根据本条附款1)c)的规定, 学徒可不预先通知而终止合同:
 (a) he proves, by appropriate medical certificate, that he cannot discharge his obligations without seriously endangering his health; or
 (b) the employer unilaterally changes the terms of the contract.  雇主单方面的改变合同项目。
  5) The provisions of this Proclamation regarding severance pay, compensation and reinstatement shall not be applicable to contracts of apprenticeship.
52. Certificate    证书
The employer shall, upon the termination of the contract of apprenticeship, give to the apprentice a certificate which indicates the occupation he has been trained in the duration of the training and other similar particulars.
PART THREE Wages第三部分工资
CHAPTER ONE Determination of Wages第一章 工资的决定
53. General  总则
1) "Wages" means the regular payment to which the worker is entitled in return for the performance of the work that he performs under a contract of employment.
2) For the purposes of this Proclamation, the following payments shall not be considered as wages:
(a) over-time pay;    加班费;
(b) amount received by way of per-diems, hardship allowances, transport allowance, transfer expenses, and similar allowance payable to the worker on the occasion of travel or change of his residence;
      (c) bonus;       奖金;
      (d) commission;       佣金;
      (e) other incentives paid for additional work results;
      f) service charge received from customers.     顾客给的服务费。
54. Conditions of Payments for Idle Time     空闲时间工资支付的条件
1) Unless otherwise provided for in this Proclamation or the relevant law, wages shall be paid only for work done.
2) Notwithstanding Sub-Article (1) of this Article, a worker shall be entitled to his wage if he was ready to work but, because of interruptions in supply of tools and raw materials or for reasons not attributable to him was not able to work.
CHAPTER TWO Mode and Execution of Payment
第二章 支付的方式和执行
55. General   总则
Wages shall be paid in cash, provided, however, that where the employer and worker so agree, it may be paid in kind. Wages paid in kind may not exceed the market value in the area of the payment in kind and in no case may exceed 30% of the wages paid in cash.
56. Execution of Payments   支付的执行
1) Unless otherwise agreed, wages shall be paid on working day and at the place of work.
2) In case where the day of payment mentioned in Sub-Article (1) of this Article falls on Sunday or a public holiday, the day of payment shall fall on the preceding working day.
57. Payment in Person   支付给本人
Unless otherwise provided by law or collective agreement, wages shall be paid directly to the worker or to a person delegated by him.
58. Time of Payment   支付时间
Wages shall be paid at such intervals as are provided for by law or collective agreement or work rules or contract of employment.
59. Deduction from Wages   工资的扣除
1) The employer shall not deduct from, attach or set off the wages of the worker except where it is provided' otherwise by law or collective agreement or work rules or in accordance with a court order or a written agreement of the worker.
2) The amount in aggregate that may be deducted at any one time from the worker's wage shall in no case exceed one-third of his monthly wages.
60. Keeping Record of Payment  工资支付的纪录
1) The employer shall keep a register of payment specifying the gross pay and method of calculation of the wages, other variable remunerations, the amount and type of deduction, the net pay and other relevant particulars, unless there is a special arrangement, on which the signature of the worker is affixed.
2) The employer shall have the obligation to make the register accessible and to explain the entries there of to the worker at his request.
3) The fact that worker has received without protest the net amount indicated on the register shall not constitute waiver of his right to any part of his wages that was due.
PART FOUR Hours of work, weekly Rest and public Holidays
第四部分 工作、周休及公休时间
CHAPTER ONE Hours of work第一章 工作时间
SECTION ONE Normal Hours of Work第一节 正常工作时间
61. Maximum Daily or weekly Hours of Work      每天或每周工作时间最大限度
1) Normal hours of work shall not exceed eight hours (8) a day or forty-eight ( 48) hours a week.
2) In this proclamation, "Normal hours of work" means the time during which a worker actually performs work or avails himself for work in accordance with law, collective agreement or work rules.
62. Reduction of Normal Hours of Work   正常工作时间减少
1) The Minister may, issue directives reducing normal hours of work for economic sectors, industries or occupations where there are special conditions of work.
2) Reductions of normal hours of work under this proclamation shall not entail reduction in the wages of the worker.
63. Arrangement of Weekly hours of work  周工作时间的安排
Hours of work shall spread equally over the working days of a week, provided, however, where the nature of the work so requires hours of work in anyone of the working days may be shortened and the differences be distributed over the remaining days of the week without extending the daily limits of eight hours by more than two hours.
64. A averaging of Normal Hours of Work   正常工作时间的均分
Where the circumstances in which the work has to be citied on are such that normal hours of work cannot be distributed evenly over the individual week, normal hours of work may be calculated as an average over a period longer than one week, provided, however that the average number of hours over a period shall not exceed eight hours per day or forty eight hours per week.
65. Exclusion   例外
Unless otherwise provided in a collective agreement or work rules the previsions of this proclamation shall not apply to commercial travelers or representatives.
SECTION TWO Overtime第二节 加班
66. General   总则
1) Work done in excess of the normal daily hours of work fixed in accordance with the provisions of this Proclamation shall be deemed to be overtime.
2) Work done within the limits referred to in Articles 61, 63 and 64 shall not be deemed to be over-time.
在第61、63 及64条规定的在时限内完成工作,不能视为加班。
3) Overtime shall be worked only in cases expressly provided for under Article 67 and on the express instructions of the employer.
4) The instructions given under sub-article (3) of this Article and the actual overtime worked by each worker shall be recorded by the employer.
67. Circumstances in which Overtime Work is permissible  允许加班的情况
1) A worker may not be compelled to work over-time; however, over-time may be worked whenever the employer cannot be expected to resort to other measures and only where there is:-
        (a) accident, actual or threatened        实际或潜在发生事故;
        (b) force-majeure;        不可抗力;
        (c) urgent work;        紧急工作;
      (d) Substitution of absent workers assigned on work that runs continuously without interruption.
2) Notwithstanding the provisions of sub-article 1 of this Article, overtime work of an individual worker due to an urgent work shall not exceed 2 hours in a day or 20 hour in a month or 100 hours in a year.
68. Overtime Payment   加班费
 1) In addition to his normal wage, a worker who works over-time shall be entitled at least to the following payments:
  (a) in the case of work done between six o'clock (6 a.m.) in the morning and ten o'clock(10p.m.) in the evening, at the rate of one and one quarter (11/4)multiplied by the ordinary hourly rate;
(b) in the case of night time work between ten o'clock in the evening (10 p.m.) and six o'clock in the morning (6 a.m.), at the rate of one and one half (11/2) multiplied by the ordinary hourly rate;
 (c) in the case of work done on weekly rest day, at the rate of two (2) multiplied by the ordinary hourly rate;
 (d) in the case of work done on public holiday, at the rate of two and one half (21/2) multiplied by the ordinary hourly rate.
2. Payment for over-time work shall be effected on the day fixed for wage pay day.
CHAPTER TWO Weekly Rest第二章 周休
69. General  总则
  1) A worker shall be entitled to a weekly rest period consisting of not less than twenty-four non-interrupted hours in the course of each period of seven days.
2) Unless otherwise determined by a collective agreement, the weekly rest period provided for in sub-article (1) of this Article shall, whenever possible;
        (a) fall on a Sunday;        在星期日;
        (b) be granted simultaneously to all of the workers of the undertaking.
3) The weekly rest period shall be calculated as to include the period from 6 a.m. to the next'6 a.m.
70. Special Weekly Rest Day   特殊的周休计划
1) Where the nature of the work or the service performed by the employer is such that the weekly rest cannot fan on a Sunday another day maybe made a weekly rest as a substitute.
  2) The provisions of sub-article (1) of this Article shall be applicable to the following and similar activities:
(a) work that has to supply the necessities of life or meet the health, recreational or cultural requirements of the general public;
(b) essential public services such as electricity, water, communication, transport and similar others;
(c) work which, because of its nature or for technical reasons, if interrupted or postponed could cause difficulties or damages.
71. Work Done on Weekly Rest Days     在周休日所作的工作
1) A worker may be required to work on any weekly rest day only where it is necessary to avoid serious, interference with the ordinary working of the undertaking in the case of:
       (a) accident, actual or threatened;       实际或潜在发生的事故;
       (b) force majeure;        不可抗力;
       (c) urgent work to be done.        拟作的紧急工作。
2) Subject to the provision of Article 68(c), a worker who, by virtue of the provisions of this Chapter, works on a weekly rest day, shall be entitled to a weekly rest period; provided, however, that he shall be compensated in the form of money if his contract of employment is terminated before he is granted the compensatory rest period.
受第68条附款1) c) 规定的支配,根据本章规定,在周休日上班的工人将有权享受周休假期。然而,倘若在给予补假前其雇佣合同已终止,必须以金钱的形式予以补偿。
72. Application   运用 
1) The provisions of this chapter shall not apply to commercial travelers or representatives.
2) The Minister may issue directives determining the special application of the provisions of this Chapter to workers who are directly engaged in the carriage of passengers and goods.
CHAPTER THREE Public Holidays第三章 公休
73. General   总则
  Public holidays observed under the relevant law shall be paid public holidays.
74. Non-Reduction of Wages for Public Holidays  不扣除工资
1) A worker who is paid on a monthly basis shall incur no reduction in his wages on account of having not worked on public holiday.
2) The payment of wages on a public holiday to a worker other than the payment mentioned under sub-article (1) of this Article shall be determined by his contract of employment or collective agreement.
75. Payment of work on public Holidays  关于公休假期间工作的费用
1) A worker shall be paid his hourly wages multiplied by two for each hour of work on a public holiday.
2) Where a public holiday coincides with another public holiday or falls on a rest day designated by this proclamation or any other special law, the workers shall be entitled to only one payment for working on such a day.
PARTFIVE Leave第五部分 休假
CHAPTER DNE Annual Leave第一章 年休
76. General  总则
1) An agreement by a worker to waive in any manner his right to annual leave shall be null and void.
2) Unless otherwise provided in this Proclamation, it is prohibited to pay wages in lieu of the annual leave.
77. Amount of Annual Leave   年休假
1) A worker pursuant to this Article shall be entitled to uninterrupted annual leave with pay which shall be in no case less than:
a) fourteen (14) working days for the first one year of service;   工作一年,年休为14个工作日;
b) fourteen (14) working days plus one working day for every additional year of service.
2) Notwithstanding the provisions of sub-article (1) of this Article, additional annual leave with pay, for workers engaged in a work which is particularly ardors or the condition in which it is done is unhealthy, may be fixed in a collective agreement.
3) The wage a worker receives during his annual leave shall be equal to what he would have received if he had continued to work.
  4) For purpose of determining the qualifying period of service required for the entitlement of an annual leave, 26 days of service in an undertaking shall be deemed to be equivalent to one month of employment.
5) A worker whose contract of employment is terminated under this Proclamation is entitled to his pay for the leave he has not taken.
6) Where the length of service of a worker does not qualify for an annual leave provided for in this Article, the worker shall be entitled to an annual leave proportion to the length of his service.
78. Granting of Leave  提供休假
1) A worker shall be granted his first period of leave after one year of service and his next and subsequent period of leave in the course of each calendar year.
2) An employer shall grant a worker his leave in accordance with a leave schedule in the course of the calendar year in which it becomes due.
3) The leave schedule referred to in sub-article (2) of this Article shall be drawn up by the employer with due regard as far as possible to:
         a) the wish of the worker; and      工人的愿望;及
         b) the need for maintaining the normal functioning of his undertaking.
79. Dividing and Postponing Annual Leave   年休假的分期和推迟
1) Notwithstanding the provisions of Article 77, if a worker requests and the employer agrees, his leave may be granted in two parts.
2) Annual leave may be postponed when the worker requests and the employer agrees.
3) An employer may, for reasons dictated by the work conditions of the undertaking, postpone the date of lave of a worker.
 4) Where a worker falls sick during his annual leave, Articles 85 and 86 of this Proclamation shall apply.
5) Any leave postponed in accordance with sub-articles (2) and (3) of this Article, shall not be postponed for more than two years.
根据本条附款2)和3) 推迟的任何休假,不能推迟两年以上。
80. Recalling of a worker on leave   招回
1) A worker who is on leave may be recalled only where unforeseen circumstances require his presence at his post.
2) A worker who is recalled from leave shall be entitled to a payment covering the remainder of his leave, excluding the time lost for the trip.
3) The employer shall defray the transport expenses incurred by the worker as direct consequences of his being recalled and per-diem.
CHAPTER TWO Special Leave第二章 特殊情况休假
81. Leave for Family Events   因家庭事务请假
1) A worker shall be entitled to leave with pay for three working days when;
 a) he concludes marriage; or     他本人结婚,或
  b) his spouse or descendants or ascendants or another relative, whether by affinity or consanguinity up to the second degree dies.
2) A worker shall be entitled to leave without pay for up to 5 consecutive days in the case of exceptional and serious events.
82. Union Leave  工会休假
Leaders of trade unions shall be entitled to leave with pay for the purpose of presenting cases in labor disputes, negotiating collective agreements, attending union meetings, seminars or training courses. The manner of granting such leave may be determined in a collective agreement.
83. Leave for Special Purposes   特殊目的休假
1) A workers who appears at hearings before bodies competent to hear labor disputes or to enforce labor laws shall be granted leave with pay only for the time utilized for the said purpose.
2) A worker who exercises his civil rights or duties shall be granted leave with pay, only for the time utilized for the said purpose.
3) The manner in which educational or training leave is to be granted and the form and extent of the financial assistance to be given may be determined in a collective agreement or work rules.
84. Notification   通知
A worker wishing to take leave in accordance with the provisions of this Chapter shall notify the employer in advance and present the necessary supporting evidence when the employer requests him.
CHAPTER THREE  Sick Leave第三章病假
85. Duration of Leave   假期
1) Where a worker, after having completed his probation, is rendered incapable of work owing to sickness other than resulting from employment injury, he shall be entitled to a sick leave.
2) The leave referred to in sub-article (1) of this Article shall, in no case, be more than six months counted consecutively or separately in the course of any twelve months period starting from the first day of his sickness.
3) Where a worker absents himself from work on grounds of sickness, he shall, except where the employer is in a position to be aware of the sickness or it is impractical, notify the employer the day following his absence.
4) Unless the collective agreement provide otherwise. A worker shall be entitled to a sick leave upon presenting a valid medical certificate given by a medical organization recognized by the Government.
86. Payment   报酬
The period of sick leave provided for in Article 85 shall be granted in the following manner:
1) the first one month with 100% of his wages;      病假第一个月付给全月的工资;
2) the next two months with 50% of his wage;      病假的第二、第三个月付给半月的工资;
3) the next three months without pay.      病假的第四、第五、第六个月不付给工资。
PART SIX Working Condition of Women and Young Workers
第六部分 妇女及低龄工人的工作条件
CHAPTER ONEWorking Conditions of Women第一章 妇女的工作条件
87. General    总则
1) Women shall not be discriminated against as regards employment and payment, on the basis of their sex.
2) It is prohibited to employ women on type of work that may be listed by the Minister to be particularly arduous or harmful to their health.
3) No pregnant woman shall be assigned to night work between 10 p.m. and 6 a.m. or be employed on overtime work.
4) No pregnant woman shall be given an assignment outside her permanent place of work, provided, however, she shall be transferred to another place of work if her job is dangerous to her health or pregnancy as ascertained by a medical doctor.
5) An employer shall not terminate the contract of employment of a woman during her pregnancy and until four months of her confinement.
6) Notwithstanding the provisions of sub-article (5) of this Article, the contract of employment may be terminated for reasons specified under Articles 25, 27 and 29 (3) if it is not related to giving of birth and pregnancy,
88. Maternity Leave  产假
1) An employer shall grant leave to a pregnant woman worker without deducting her wages, for medical examination connected with her pregnancy, provided, however, that she is obliged to present a medical certificate of her examination.
2) A pregnant woman worker shall, upon the recommendation of a medical doctor, be entitled to a leave with pay.
3) A woman worker shall be granted a period of 30 consecutive days of leave with pay preceding the presumed date of her confinement and a period of 60 consecutive days of leave after her confinement.
4) Where a pregnant woman worker does not deliver within the 30 days of her prenatal leave she is entitled to an additional leave until her confinement in accordance with sub-article 2 of this Article. If delivery takes place before the 30 days period has elapsed, the post-natal leave under sub-article 3 of this Article shall commence.
CHAPTER TWO Working Conditions of Young Workers第二章 低龄工人的工作条件
89. General  总则
1) For the purpose of this Proclamation, "Young worker" means a person who has attained the age of 14 but is not over the age of 18 years.
2) It is prohibited to employ persons less than 14 years of age.
3) It is prohibited to employ young workers which on account of its nature or due to the condition in which it is carried out, endangers the life or health of the young workers performing it.
4) The Minister may prescribe the list of activities prohibited to young worker which shall include in particular:
(a) work in the transport of passengers and goods by road, railway, air and internal waterway, docksides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labor;
(b) work connected with electric power generation plants transformers or transmission, lines;
(c) underground work, such as mines, quarries and similar works;
 (d) work in sewers and digging tunnels.  下水道或隧道挖掘方面的工作。
5) The provision of sub-article (4) of this Article shall not apply to work performed by young workers following courses in vocational schools that are approved and inspected by the competent authority.
90. Limits of Hours of Work  工时的限制
   Normal hours of work for young workers shall not exceed seven hours a day.
91. Night and Overtime Work  夜班和加班
   It is prohibited to employ young workers on:   严禁雇佣低龄工人在下列时间工作:
    1) night work between 10 p.m. and 6 a.m.;    夜间10:00至早晨6:00之间夜班工作;
     2) overtime work;     加班;
     3) weekly rest days; or  周休日;或
     4) public holidays.  公休日。
PART SEVEN Occupational Safety, Health and Working Environment
第七部分 职业的安全、健康和工作环境
CHAPTER ONE Preventive Measures第一章 预防措施
92. Obligations of an Employer   雇主的义务
 An employer shall take the necessary measure to safeguard adequately the health and safety of the workers; he shall in particular:
1) comply with the occupational health and safety requirements provided for in this Proclamation;
2) take appropriate steps to ensure that workers are properly instructed and notified concerning the hazards of their respective occupations and the precautions necessary to avoid accident and injury to health; ensure that directives are given and also assign safety officer; establish an occupational, safety and health committee of which the committee's establishment, shall be determined by a directive issued by the Minister;
3) provide workers with protective equipment, clothing and other materials and instruct them of its use;
 4) register employment accident and occupational diseases and notify the labor inspection of same;
5) arrange, according to the nature of the work, at his own expenses for the medical examination of newly employed workers and for those workers engaged in hazardous work, as may be necessary.
   6) ensure that the work place and premises do not cause danger to the health and safety of the workers;
 7) take appropriate pre-executions to insure that all the processes of work shall not be a source or cause of physical, chemical, biological, ergonomically and psychological hazards to the health and safety of the workers;
 8) implement the directives issued by the appropriate authority in accordance with this Proclamation.
93. Obligations of a worker 工人的义务
    A worker shall:  工人必须:
  1) Cooperate in the formulation of work rules to safeguard the workers health and safety, and implement same.
 2) inform forthwith to the employer any defect related to the appliances used and injury to health and safety of the workers that he discovers in the undertaking.
 3) report to the employer any situation which he may have reason to believe could present a hazard and which he cannot avoid on his own any accident or injury to health which arises in the course of or in connection with work.
4) make proper use of all safeguards, safety devices and other appliance furnished for the protection of his health or safety and for the protection of the health and safety of others.
  5) obey all health and safety instructions issued by the employer or by the competent authority.
94. Prohibition   禁止
   No worker shall:   工人不准:
    1) interfere with, remove, displace, damage or destroy any safety devices or other appliances furnished for his protection or the protection of others; or
 2) obstruct any method or process adopted with a view to minimizing occupational hazard.
CHAPTER TWO Occupational Injuries第二章 工伤
SECTION ONE Liability第一节 责任
95. General   总则
1) Subject to the provisions of the relevant pension law, the provisions of this Chapter shall apply to workers where an employment injury is sustained by a worker during or in connection with the performance of his work.
2) For the purpose of this Proclamation, "occupational injury" means an employment accident or occupational disease.
96. Liability Irrespective of Fault 不论过失的责任
 1) The employer shall be liable, irrespective of fault, for employment injuries sustained by his worker and such liability shall be determined in a accordance with the provisions of this Chapter.
2) The employer shall not be liable for any injury intentionally caused by the injured worker himself; any injury resulting from the following acts in particular shall be deemed to be intentionally caused by the worker:
 (a) non-obedience of express safety instructions or non-observance of the provisions of accident prevention rule specifically issued by the employer; or
(b) reporting to work in a state of intoxication that prevents him from properly regulating his body or understanding.
3) The provisions of sub-article (1) of this Article shall not affect the right of a worker to claim damages in accordance with the relevant law where an occupational injury is a result of fault on the part of the employer.
97. Occupational Accident  工作事故
For the purpose of this Proclamation "Occupational accident" means any organic injury or functional disorder sustained by a worker as a result of any cause extraneous to the injured worker or any effort he makes during or in connection with the performance of his work and includes;
(a) any injury sustained by a worker while carrying out the employer's order, even away from the work place or outside his normal hours of work;
(b) any injury sustained by a worker before or after his work or during any interruption of work if he is present in the work place or the premises of the undertaking by reason of his duties in connection with his work;
(c) any injury sustained by a worker while he is preceding to or from place of work in a transport service vehicle provided by the undertaking which is available for the common use of its workers or in a vehicle hired and expressly destined by the undertaking for the same purpose;
(d) any injury sustained by a worker as a result of an action of the employer or a third party during the  performance of his work.
98. Occupational Disease   职业病
1) For the purpose of this Proclamation an "occupational disease" means any pathological condition whether caused by physical, chemical or biological agents which arise as consequence of:
(a) the type of work performed by the worker; or    工人从事的工种;或
 (b) the surroundings in which the worker is obliged to work during a certain period prior to the date in which the disease become evident.
2) Occupational disease shall not include endemic or epidemic disease which is prevalent contracted in the area where the work is done, except in the case of workers exclusively engaged in combating such diseases by reason of their occupation.
3) The minister shall in consultation with the concerned authority issue, directives which contain schedules listing diseases to be of occupational origin. The said schedule shall be revised at least every five years.
4) The occurrence of any of the disease listed in the relevant schedule on any worker having been engaged in anyone of the corresponding types of work specified therein, shall by itself, constitute sufficient proof of the occupational origin of the disease.
5) Notwithstanding sub-article (4) of this Article, proof shall be permitted to establish the occupational origin of a disease not listed in the relevant schedule and of diseases listed when they manifest themselves under conditions different from those establishing a presumption of their occupational origin.
6) In the absence of proof to the contrary, any disease which occurs frequently only to persons employed in certain occupations shall be presumed to be of an occupational origin where the worker suffering from such a disease was engaged in such an occupation and the existence of the disease is ascertained by a medical doctor.
7) The date on which an occupation disease became evident, i.e. the first date on which the worker became incapacitated or the date of the first medical diagnosis of the disease or the date of the injured worker's death, shall be considered as the date on which an employment injury occurred.
8) Where a worker after being cured from an occupational disease listed in the relevant schedule, contracts the disease again as a result of his being engaged in anyone of the corresponding work specified in the said list, it shall be presumed that he has contracted a fresh  occupational disease.
SECTION TWO Degree of Disablement第二节 无劳动能力程度
99. General    总则
1) "disablement" means any employment injury as a consequence of which there is a decrease or loss of capacity to work.
2) Disablement shall have the following effects:    残废必须具有下列影响:
(a) temporary disablement;    暂时残废;
 (b) permanent partial disablement   永久性部分残废;
(c) permanent total disablement ;and   永久性完全残废;及
 (d) death.    死亡。
100. Temporary Disablement   暂时残废 
Temporary disablement results from the reeducation for a limited period of time of the worker's capacity for work partially or totally.
101. Permanent Partial or Total Disablement  永久性部分或完全残废
1) "Permanent partial disablement" means incurable employment injury decreasing the injured worker's capacity.
2) "Permanent total disablement" means incurable employment injury, which prevents the injured worker from engaging in any kind of remunerated work.
3) Injuries which, although not resulting in incapacity for work, cause serious mutilation or disfigurement of the injured person shall be considered permanent partial disablement, for the purpose of compensation and other benefits.
102. Assessment of Disablement   残废的评定
1) The degree of permanent total or partial disablement shall he fixed in accordance with the assessment table of disablement prescribed by directives issued by the Minister.
2) The degree of disablement shall be assessed in accordance with the assessment table provided for in sub-article (1) of this Article, by a competent medical board. The board shall determine the extent of the degree of disablement as far as possible within twelve months from the date of injury,
3) Disablement which has been assessed may be reviewed in accordance with sub-articles (1) and (2) of this Article where the worker's condition deteriorates or improves or is wrongly diagnosed:
(a) on the instruction of the appropriate authority, or   根据有关权威机构的指导;或
(b) at the request of the worker or employer concerned.   应工人或有关雇主的请求。
4) Where the result of the review warrants it, the rights of the worker to a disablement benefit shall be recognized or withdrawn or that the rate payable increase or reduced, as the case may be.
5) Where a worker who suffered an employment injury sustains a further employment injury, his disablement shall be reassessed in light of his new circumstances.
CHAPTER THREE Benefits in the Case of Employment Injuries第三章 工伤救济金
103. Payment of Benefits    救济金
Injury benefits shall be paid in accordance with the provisions of this Chapter.
104. Special Obligation   特殊义务
1) An employer shall have to execute the following obligations:    雇主有如下义务:
 (a) to provide the injured works with first aid in time;   对受伤工人及时提供援助;
(b) to carry the injured worker by an appropriate means of transport to the nearest medical center;
(c) to notify the occurrence to the appropriate organ in accordance with the directives issued by the Minister.
2) The employer shall have the obligation to pay the funeral expenses specified under Article 110 (1)(b).
SECTION TWO Medical Benefits第二节 医疗救济
105, Types of Benefits   救济种类
Where a worker sustains employment injury, the employer shall cover the following expenses:
1) general and specialized medical and surgical care;   一般和特殊内外科检查;
2) hospital and pharmaceutical care;    医药费;
3) any necessary prosthetic or orthopedic appliances.   任何必要的修补和整容。
106. Duration of Benefit       救济金持续期
Medical benefits shall be withdrawn in accordance with the decisions of the Medical Board.
SECTION THREE Various Kinds of Cash Benefits第三节 各种方式的现金救济
107. General    总则
1) A work who has sustained employment injury shall be entitled to:  受工伤的工人有权获得:
(a) periodical payment while he is temporarily disabled;   暂时无行为能力期间的报酬;
(b) disablement pension or gratuity or compensation where he sustains permanent disablement;
(c) survivors' pension gratify or compensation to his dependant where he dies.
2) Periodical payment may be suspended where a worker who has claimed or is receiving same:
 (a) refuses or neglects to submit himself to medical examination or in any way intentionally obstructs or unnecessarily delays such examination;
(b) behaves in a manner calculated to retard his recovery; or    故意推迟其恢复;或
(c) violates the directives issued by the competent authority for the conduct of injured workers.
3) As soon as the circumstances that occasioned the suspension ceases, the periodical payment shall recommence, provided, however that there shall be no entitlement to back-pay for the period of suspension.
108. Periodical Payment   定期报酬
1) The employer shall pay for one year the periodical payment mentioned in Article 107 1) a).
2) The Periodical payments referred to in sub-Article (1) of this Article shall be at the rate of full wage of the worker previous average yearly wages during the first three months following the date of injury, not less than 75% (seventy five per cent) of the worker previous average yearly wages during the next three months following the date of injury and not less than 50% (fifty per cent) of his previous average yearly wages for the remaining six months.
3) Periodical payments shall cease whichever of the following takes place first:
 (a) when the worker is medically certified to be no longer disabled;
(b) on the day the worker becomes entitled to disablement pension or gratuity;
(c) twelve months from the date the worker stopped work.
109. Disablement Payments   残废报酬
1) Unless otherwise provided for in a collective agreement disablement benefits payable to workers of state enterprises covered under this Proclamation shall be in accordance with the insurance scheme arranged by the undertaking or pension’s law.
Where the undertaking does not have any insurance arrangement, the pension law shall apply to workers covered under public pension law.
2) An employer shall pay a lump sum of disablement compensation to workers who are not covered by the pension law.
3) The amount of the disablement compensation to be paid by the employer shall be:
(a) where the injury sustained by the worker is permanent total disablement, a sum equal to five times his annual wages;
  b) where the injury sustained by the worker is below permanent total disablement a sum proportionate to the degree of disablement calculated on the basis of the compensation provided for in Sub-Article (3) (a) of this Article.
4) Where a worker who has sustained permanent disablement was at the date of the injury on apprentice, his disablement compensation payable in accordance with Sub-Article (2) of this Article, shall be calculated by reference to the wages which he would probably have been receiving as a qualified workman after the end of his studies.
110. Dependants' Benefits   家属优待金
1) Where a worker or an apprentice dies as a result of an employment injury, the following benefits shall be payable:
(a) dependant's compensation in accordance with the provisions of Sub-Articles (2) and (3) of this Article; and
 (b) subject to the provisions of a collective agreement or work rules, payment for funeral expenses which shall be not less than two month wages of the worker.
2) The following shall be considered dependants:    下列将被认为是家属:
(a) the worker's widow or widower;    工人的遗孀或鳏夫;
 (b) children of the deceased worker who are under eighteen years of age;
 (c) any parent who was being supported by the deceased worker.   已故工人赡养的父或母。
3) The amount of the dependants compensation for workers not covered by the Public servants pension law, shall be a Sum equal to five times the annual salary of the deceased and for those stipulated under Sub-Art 2 of this Article by the employer at once;
(a) 50% (fifty percent) for the deceased worker's lawful husband or wife;
(b) 10% (ten percent) each for the deceased worker's children who are below the age of fifteen years old;
(c) 10% (ten percent) each for the deceased worker's parents who were being supported by him;
4) If the total of dependents' compensation calculated in accordance with Sub-Article 3 of this Article is in excess of one hundred percent (100%) of the total amount to be divided, the amount of compensation of each dependent shall be proportionately reduced by the amount required to reduce the total amount payable to one hundred percent (100%) of the said total amount. If the total of dependents compensation is less than one hundred percent (100%) of the total amounts to be divided, the amounts of compensation of each dependent shall be proportionately increase by the amount payable to one hundred percent (100%).
111. Burden of Proof    证据的重要性
The benefits referred to in Article 110 shall not be payable where the worker dies after twelve months from the date of the injury; unless it is proved that the injury was the principal contributory cause of his death.
112. Benefits not Taxable   不缴税优待金
1) The benefits paid in accordance with the provisions of this Section shall be free from any kind of tax.
2) The benefits payable under the provisions of this Section shall not be assigned, attached or deducted by way of setoff.
PART EIGHT Collective Relations第八部分 集体关系
CHAPTER ONE Trade Unions and Employers Associations第一章 商业联盟和雇主协会
113. The Right to Form Organizations    结社的权利
1) workers and employers shall have the right to establish and form trade unions or employers’ associations, respectively and actively participate therein:
2) In this Proclamation:     本公告中:
 (a) "trade Union" means an organization formed by workers;  “工会”指工人组成的组织;
 (b) "employers association" means an organization established by employers;
(c) "federation" means an organization established by more than one trade unions or employers’ associations.
(d) "confederation" means an organization established by more than one trade unions federations or employers federations.
114. Formation of Organizations    组织的构成
1) A trade union may be established in an undertaking where the number of workers is ten or more; provided however that the number of members of the union shall not be less than ten.
2) workers who work in undertakings which have less than ten workers may form a general trade union, provided, however, that the number of the members of the union shall not be less than ten.
3) Trade unions may jointly form federation and federations may jointly form confederations.
4) Employers associations may jointly form employer’s federation and employer’s federations may jointly form employers’ confederation.
5) No trade union or employers association may form a confederation without forming federations.
6) Any federation or confederation of trade unions or employers’ associations may join international organizations of trade unions or employers.
7) No work may belong to more than one trade union at any given time for the same employment. Where this provision is not observed, the latest membership shall cancel any previous membership, and the formalities of membership were simultaneous they shall all be without effect.
8) Notwithstanding Sub-Article 4 of this At1icle, any employer may join an 'established employer’s federation.
115. Functions of Organizations     组织的功能
  Organizations shall have the following functions    工会组织将有下列功能:
1) observe the conditions of work and fulfill the obligations set forth in this proclamation; respect the rights and interests of members in particular, represent members in collective negotiations and labor disputes before the competent body when so requested or delegated;
 (a) where there exist more than one trade union at a given enterprise, the trade union which is going to bargain a collective agreement and consult with authorities, is the one which gets 50%+1 or more support by all employees of the enterprise.
  (b) one organization which deserve the majority vote should be registered by the ministry.
(c) After a certain period of time, if an organization failed to secure the majority vote, the organization that won the majority vote gets legal personality in its place after registration.
2) ensure that laws regulations, directives and statements are known to, be observed and implemented by members;
3) initiate laws and regulations pertaining employers and workers; participate actively during their preparations and amendments;
4) discharge other functions provided for in the constitutions of the organization.
116. Functions of Federations and Confederations    联合会和同盟的职能
In addition to those matters mentioned under Article 115 federations and confederations shall have the following functions;
1) to strengthen the unity and spirit of cooperation of their members; participate in the determination or improvement of the conditions of work at the trade or industry level as well as to encourage members to strengthen their participation in the construction of the national economy;
2) to represent their organizations in any conferences;   代表其组织参加国际会议;
3) to discharge other functions in accordance with the constitutions. 根据其章程履行其他职能。