国际金融法律评论--最后获得通过【外文翻译】.doc

原文： Passed, finallyAuthor: Loughrey, Fiona, Durham, Matthew Origin: International Financial Law Review The new PRC Labour Contract Law was finally passed on June 29 2007. It will become effective on January 1 2008. It follows a lengthy and seemingly difficult process of internal debate amongst legislators and external consultation involving regulators, employees, and domestic and foreign companies and representative bodies. Appearances suggest that the new law was approved in something of a rush by the National Peoples Congress. Continued internal discussions and differences of opinion were preventing the PRC government from living up to rhetoric surrounding the advent of the new law, mostly based around improving employees rights and protecting factory and migrant workers. The final version of the law seems to take a compromise position on a number of issues that were hotly debated. Some draft provisions that were condemned as too harsh on employers have now been softened, but in a number of important areas there remains a lack of clarity. There is speculation that implementing regulations may be passed to provide additional guidance before the law takes effect. Local authorities may also issue local regulations with their interpretation. In the meantime, employers should consider the changes that will apply under the new law, as it will prevail over the existing PRC Labour Law 1995 to the extent that they cover the same subject matter. The overall effect is that there will be increased restrictions and concerns for employers. Set out below is an analysis of certain key changes under the new law. Written contracts The new law emphasises the need for employers to put written employment contracts in place with all full-time employees. Penalties will apply if the employer fails to do so, either at the commencement of the employment relationship or as part of a renewal of such relationship: the employer must pay double wages to the employee if no written contract