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Iraqi Labour Law No. (37) of 2015伊拉克劳动法(2015年第37号)Table of Contents 目录Chapter One Definitions第一章定义Chapter Two Objectives and Applicability第二章目标与适用性Chapter Three Fundamental Principles第三章基本原则Chapter Four Employment and V ocational Training 第四章就业与职业培训Section One Employment第一节就业Section Two V ocational Training第二节职业培训Chapter Five Organisation of the Work of Foreigners 第五章外国人的工作安排Chapter Six Individual Employment Contract第六章个人劳动合同Section One Concluding Individual Employment Contract第一节订立个人劳动合同Section Two Termination of the Employment Contract第二节终止劳动合同Chapter Seven 第七章Section One Wages 第一节工资Section Two Detirmination of Wages 第二节确定工资Chapter Eight Working Hours 第八章工作时间Chapter Nine Leaves, Holidays and Public Holidays第九章休假、节假日和公众假期Chapter Ten Protection of the Female Employee第十章保护女性劳动者Chapter Eleven Protection of Juveniles第十一章保护未成年人Chapter Twelve Protection of Employees in Quarries, Mines and Minerals第十二章对采石场、矿井和矿场雇员的保护Chapter Thirteen Occupational Health and Safety and Labour Inspection第十三章职业健康安全与劳动监察Section One Occupational Health and Safety第一节职业健康安全Section Two Work Inspection第二节工作监察Chapter Fourteen Labour Disciplinary Rules第十四章劳动纪律Chapter Fifteen Collective Agreements & Negotiations第十五章集体合同和谈判Chapter Sixteen Collective and Individual Labour Disputes第十六章集体和个人劳动争议Chapter Seventeen Labour Jurisdiction第十七章劳动管辖权Chapter Eighteen General and Final Provisions第十八章最终条款Explanatory StatementCHAPTER 1 – DEFINITIONS第一章定义Article 1.For the purposes of this Law, the following words and expressions shall have the meanings assigned thereto hereunder:就本法而言,下列词语具有下列含义:1.Ministry: The Ministry of Labour & Social Affairs.1.部:劳动和社会事务部。
中华人民共和国劳动合同法英语版Labor Contract Law of the People’s Republic of ChinaChapter I General ProvisionsArticle 1 This Law is formulated in order to improve the labor contract system, specify the rights and obligations of both parties to the labor contract, protect the lawful rights and interests of laborers, establish and develop a harmonious and stable employment relationship, and promote economic development and social harmony.Article 2 This Law shall apply to the conclusion and performance of labor contracts between laborers and employing units within the territories of the People’s Republic of C hina.Article 3 Laborers shall have the right to conclude labor contracts in accordance with law with employing units, and employing units may not refuse to conclude labor contracts with laborers on the ground that the laborers do not meet certain conditions.Employing units shall establish and improve a labor contract system, strictly implement labor contracts, strengthen the protection of laborers' rights and interests, and ensure thatlaborers enjoy conditions of work in compliance with state regulations.Article 4 Labor contracts shall be concluded voluntarily through the consultation between laborers and employing units on an equal footing.When a laborer concludes a labor contract with an employing unit, the laborer may entrust a trade union to consult on his behalf.Article 5 Labor contracts shall be concluded in written form.An oral agreement reached by and between laborers and employing units to establish labor relations shall be deemed a labor contract. The employing unit shall then, within thirty days, provide the laborer with a written labor contract that fully specifies the matters agreed orally. If the employing unit fails to provide the laborer with the labor contract, the matters agreed upon orally shall be performed.Article 6 In concluding a labor contract, the lawful rights and interests and economic conditions of laborers shall be respected.Employing units may not force laborers to conclude labor contracts by means of deceit, coercion, or intimidation.Article 7 Labor contracts shall be performed in accordance with the principle of equality, voluntariness, fairness, and good faith.Article 8 Labor contracts shall include the following:(1) name, domicile, and legal representative or main person-in-charge of the employing unit;(2) name, domicile, resident identity card number or other valid identity certificate of the laborer;(3) term of the labor contract;(4) job description and place of work;(5) working hours, rest and leave, labor remuneration, social insurance, and other matters;(6) labor protection and working conditions;(7) other matters that should be included in the labor contract as required by laws and regulations.Article 9 A labor contract shall be concluded for a fixed term, a non-fixed term, or for a specified task.A labor contract concluded for a fixed term shall be held for no more than 10 years. When the term of a labor contract expires,and the laborer continuously works for the employing unit, the labor contract shall be deemed renewed on a non-fixed term basis.Article 10 An employing unit shall not stipulate in a labor contract that it may terminate the labor contract at will.Article 11 An employing unit shall not stipulate in a labor contract any provision that is less favorable to the laborer than the relevant laws and regulations.Chapter II Conclusion of Labor ContractsArticle 12 Laborers who conclude labor contracts with employing units shall meet the following conditions:(1) having full civil capacity;(2) having professional skills or expertise necessary for his job position;(3) having the physical capability necessary for his job position;(4) having other conditions prescribed by laws and administrative rules and regulations.Article 13 Laborers shall provide true information regarding their personal matters, professional skills or expertise, andphysical capability. Employing units shall not require laborers to provide false information.Article 14 Laborers and employing units shall conclude labor contracts in accordance with the principle of fairness, and may not breach any agreement to the disadvantage of the other party.Article 15 Employing units shall not restrict laborers in concluding labor contracts with other employing units to the disadvantage of laborers.Article 16 Employing units shall not conclude labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 17 Employing units shall not employ child laborers.Article 18 Upon the conclusion of a labor contract, the employing unit shall provide the laborer with a copy of the labor contract. When the laborer requires, employing units shall provide a pay statement on a regular basis.Article 19 Employing units shall establish and improve a system for the filing of labor contracts.Chapter III Performance of Labor ContractsArticle 20 Employing units shall provide necessary working conditions for laborers to carry out their job duties and ensure labor protection in accordance with laws and regulations.Article 21 Employing units shall not demand that laborers work overtime, or work on their days of rest, in violation of the provisions of the state.Article 22 Employing units shall pay labor remuneration to laborers in full and on time, and shall not reduce or delay payment of labor remuneration without justifiable reasons.Article 23 Employing units shall provide social insurance for laborers in accordance with the law.Article 24 Laborers shall carry out their job duties in accordance with the labor contract, follow the employing unit's rules, and refrain from divulging trade secrets.Article 25 Laborers shall be entitled to protection of their lawful rights and interests in accordance with laws and regulations if employing units violate laws and regulations by reducing or delaying payment of labor remuneration, failing to provide labor protection, or unilaterally terminating a labor contract.Article 26 When a laborer is unable to work due to illness or non-work-related injury, the laborer shall provide certification issued by a medical institution at the same level.Article 27 Laborers shall not compete with the employing unit in breach of the labor contract. If a laborer breaches the labor contract by competing with the employing unit or leaving the employing unit, causing damage to the employing unit, the liability for compensation shall be borne in accordance.Chapter IV Modification and Termination of Labor ContractsArticle 28 Modifications to a labor contract shall be made through consultation between laborers and employing units.Article 29 Laborers may not refuse modifications to labor contracts proposed by employing units that comply with laws and regulations, industrial policies, and business conditions.Article 30 Employing units may not modify labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 31 Labor contracts may be terminated under certain circumstances, including:(1) agreement by both parties;(2) the labor contract expires or both parties agree not to renew the contract;(3) the employing unit is dissolved, declared bankrupt, is ordered to shut down, or revokes its business license;(4) the employing unit formulates the labor contract by fraud or coercion;(5) the employing unit severely breaches laws and regulations, or the labor contract, causing irreparable harm to the laborer’s well-being.Article 32 When a labor contract is terminated, employing units shall issue a termination certificate or a service certificate and pay compensation in accordance with laws and regulations.Chapter V Supervision and InspectionArticle 33 Supervision and inspection of labor contract performance shall be conducted by labor and social security administrative departments in accordance with the law.Article 34 Laborers and trade unions shall have the right to report violations of laws and regulations regarding labor contracts to the relevant authorities.Article 35 Employing units shall cooperate with the relevant authorities in supervision and inspection of labor contract performance, accept supervision and inspection, and provide necessary materials and information.Article 36 The state shall establish a system of rewards for those who make important contributions and render meritorious services in the supervision and inspection of labor contract performance.Chapter VI Legal LiabilityArticle 37 If employing units violate the provisions of this Law in concluding, performing, modifying, or terminating labor contracts, they shall bear legal liability in accordance with the law.Article 38 If laborers violate the provisions of this Law, the employing unit may criticise, educate, or discipline them in accordance with the law.Article 39 If employing units’ violations of rights and interests of laborers lead to conflicts that may be resolved through mediation, both parties may apply for mediation from a labor dispute mediation institution.Article 40 If employing units’ violations of r ights and interests of laborers cause damage to laborers, employing units shall bear liability for compensation in accordance with the law.Article 41 If laborers’ violations of the provisions of this Law cause damage to employing units, laborers shall bear liability for compensation in accordance with the law.Chapter VII Supplementary ProvisionsArticle 42 This Law shall take effect on January 1, 2008.Article 43 The Labor Contract Law of the People’s Republic of China formulated by the Standing Committee of the National People's Congress on June 29, 1994, shall be repealed upon the implementation of this Law.以上为《中华人民共和国劳动合同法》全文的英语译文。
RCEP协议全⽂(附下载)来源:国际法务(ID:GlobePlay)11⽉15⽇,区域全⾯经济伙伴关系协定(RCEP)正式签署。
成员国包括东盟10国与中国、⽇本、韩国、澳⼤利亚、新西兰。
RCEP是全球最⼤的⾃贸协定,15个成员国总⼈⼝、经济体量、贸易总额均占全球总量的约30%。
本⽂前部分是东盟官⽹的RCEP相关介绍,后半部分是新西兰外贸部⽹站所附的该协议(⽬录序⾔+全⽂下载⽅式)。
Regional Comprehensive Economic Partnership (RCEP) ABOUTCountries in East Asia region have thriving trade and economic relations with each other through free trade agreements. The Association of Southeast Asian Nations (ASEAN) has free trade agreements with six partners namely People’s Republic of China (ACFTA), Republic of Korea (AKFTA), Japan (AJCEP), India (AIFTA) as well as Australia and New Zealand (AANZFTA).In order to broaden and deepen the engagement among parties and to enhance parties’participation in economic development of the region, the leaders of 16 participating countries established the Regional Comprehensive Economic Partnership (RCEP). The RCEP was built upon the existing ASEAN+1 FTAs with the spirit to strengthen economic linkages and to enhance trade and investment related activities as well as to contribute to minimising development gap among the parties.In August 2012, the 16 Economic Ministers endorsed the Guiding Principles and Objectives for Negotiating the Regional Comprehensive Economic Partnership. The RCEP negotiations were launched by Leaders from 10 ASEAN Member States (Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam) and six ASEAN FTA partners (Australia, People’s Republic of China, India, Japan, Republic of Korea, and New Zealand) during the 21st ASEAN Summit and Related Summits in Phnom Penh, Cambodia in November 2012.The objective of launching RCEP negotiations is to achieve a modern, comprehensive, high-quality, and mutually beneficial economic partnership agreement among the ASEAN Member States and ASEAN’s FTA partners. The RCEP negotiations commenced in early 2013. COVERAGE AREASThe RCEP negotiation includes: trade in goods, trade in services, investment, economic and technical cooperation, intellectual property, competition, dispute settlement, e-commerce, small and medium enterprises (SMEs) and other issues.WHAT RCEP MEANS FOR BUSINESSESRCEP has the potential to deliver significant opportunities for businesses in the East Asia region, given the fact that the 16 RCEP participating countries account for almost half of the world’s population; contribute about 30 per cent of global GDP and over a quarter of world exports. RCEP will provide a framework aimed at lowering trade barriers and securing improved market access for goods and services for businesses in the region, through: Recognition to ASEAN Centrality in the emerging regional economic architecture and the interests of ASEAN’s FTA partners in enhancing economic integration and strengthening economic cooperation among the participating countries;Facilitation of trade and investment and enhanced transparency in trade and investment relations between the participating countries, as well as facilitation of SMEs’ engagements in global and regional supply chains; andBroaden and deepen ASEAN’s economic engagements with its FTA partners.RCEP recognises the importance of being inclusive, especially to enable SMEs leverage on the agreement and cope with challenges arising from globalisation and trade liberalisation. SMEs (including micro-enterprises) make up more than 90% of business establishments across all RCEP participating countries and are important to every country’s endogenous development of their respective economy. At the same time, RCEP is committed to provide fairregional economic policies that mutually benefit both ASEAN and its FTA partners.协议:REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENTTABLE OF CONTENTSPreambleChapter 1 Initial Provisions and General DefinitionsChapter 2 Trade in GoodsChapter 3 Rules of OriginAnnex 3A (Product-Specific Rules)Annex 3B (Minimum Information Requirements)Chapter 4 Customs Procedures and Trade FacilitationAnnex 4A (Period of Time to Implement the Commitments)Chapter 5 Sanitary and Phytosanitary MeasuresChapter 6 Standards, Technical Regulations, and Conformity Assessment Procedures Chapter 7 Trade RemediesAnnex 7A (Practices Relating to Anti-Dumping and Countervailing Duty Proceedings) Chapter 8 Trade in ServicesAnnex 8A (Financial Services)Annex 8B (Telecommunications Services)Annex 8C (Professional Services)Chapter 9 Temporary Movement of Natural PersonsChapter 10 InvestmentAnnex 10A (Customary International Law)Annex 10B (Expropriation)Chapter 11 Intellectual PropertyAnnex 11A (Party-Specific Transition Periods)Annex 11B (List of Technical Assistance Requests)Chapter 12 Electronic CommerceChapter 13 CompetitionAnnex 13A (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Brunei Darussalam)Annex 13B (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Cambodia)Annex 13C (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Lao PDR)Annex 13D (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)toMyanmar)Chapter 14 Small and Medium EnterprisesChapter 15 Economic and Technical CooperationChapter 16 Government ProcurementAnnex 16A (Paper or Electronic Means Utilised by Parties for the Publication of Transparency Information)Chapter 17 General Provisions and ExceptionsChapter 18 Institutional ProvisionsAnnex 18A (Functions of the Subsidiary Bodies of the RCEP Joint Committee)Chapter 19 Dispute SettlementChapter 20 Final Provisions---------------------------------------Annex I Schedules of Tariff CommitmentsAnnex II Schedules of Specific Commitments for ServicesAnnex III Schedules of Reservations and Non-Conforming Measures for Services and InvestmentAnnex IV Schedules of Specific Commitments on Temporary Movement of Natural Persons PREAMBLEThe Parties to this Agreement,RECALLING the Joint Declaration on the Launch of Negotiations for the Regional Comprehensive Economic Partnership adopted by the Heads of State or Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN” in this Agreement) and Australia, China, India, Japan, Korea, and New Zealand at Phnom Penh, Cambodia on 20 November 2012 which endorsed the Guiding Principles and Objectives for Negotiating the Regional Comprehensive Economic Partnership;DESIRING to broaden and deepen economic integration in the region, strengthen economic growth and equitable economic development, and advance economic cooperation, through this Agreement, which will build upon existing economic linkages among the Parties;ASPIRING to strengthen their economic partnership to create new employment opportunities, raise living standards, and improve the general welfare of their peoples;SEEKING to establish clear and mutually advantageous rules to facilitate trade and investment, including participation in regional and global supply chains;BUILDING upon their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994, and the existing free trade agreements between the Member States of ASEAN and their free trade partners, namelyAustralia, China, Japan, Korea, and New Zealand;TAKING ACCOUNT OF the different levels of development among the Parties, the need for appropriate forms of flexibility, including provision for special and differential treatment, especially for Cambodia, Lao PDR, Myanmar, and Viet Nam as appropriate, and additional flexibility for Least Developed Country Parties;CONSIDERING the need to facilitate the increasing participation of Least Developed Country Parties in thisAgreement so that they can more effectively implement their obligations under this Agreement and take advantage of the benefits from this Agreement, including expansion of their trade and investment opportunities and participation in regional and global supply chains; RECOGNISING that good governance and a predictable, transparent, and consistent business environment will lead to the improvement of economic efficiency and the development of trade and investment;REAFFIRMING the right of each Party to regulate in pursuit of legitimate public welfare objectives;RECOGNISING that the three pillars of sustainable development are interdependent and mutually reinforcing, and that economic partnership can play an important role in promoting sustainable development; andFURTHER RECOGNISING the positive effect that regional trade agreements and arrangements can have in accelerating regional and global trade and investment liberalisation, and their role in strengthening the open, free, and rules-based multilateral trading system,。