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Shanghai Retirement and Re-employment Wage Standard
Legal basis: People's Republic of China (PRC) Labor Law.
Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.
After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:
(1) The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other jobs arranged by the employer;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.
Forty-sixth wage distribution should follow the principle of distribution according to work and implement equal pay for equal work.
The wage level is gradually increased on the basis of economic development. The state exercises macro-control over the total wages.
Article 51 During legal holidays, wedding and funeral leave and participation in social activities according to law, the employing unit shall pay wages according to law.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
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