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9.1.1 法规条文
1.合营企业职工的录用、辞退、报酬、福利、劳动保护、劳动保险等事项，应当依法通过订立合同加以规定。
1. Matters relating to the employment and dismissal of， and the remuneration， welfare benefits， labor protection and labor insurance for， staff and workers of a joint venture shall be provided for in contracts concluded according to law.
2.合营企业应当加强对职工的业务、技术培训，建立严格的考核制度，使他们在生产、管理技能方面能够适应现代化企业的要求。
2. A joint venture shall make every effort to conduct professional and technical training of its staff and workers and establish a strict assessment system so as the enable them to meet the requirements of a modernized enterprise in respect of production and management skills.
3.合营企业的工资、奖励制度必需符合按劳分配、多劳多得的原则。
3. The wage and incentive systems of a joint venture must be in conformity with the principle of distribution according to work and more pay for more work.
4.正副总经理、正副总工程师、正副总会计师、审计师等高级管理人员的工资待遇，由董事会决定。
4. Salaries and benefits of the general manager， deputy general manager， chief engineer， deputy chief engineer， chief accountant and deputy chief account， auditor and other officers of a joint venture shall be decided by its board of directors.
5.合营企业的职工依法建立工会组织，开展工会活动，维护职工的合法权益。
合营企业应当为本企业工会提供必要的活动条件。
5. Staff and workers of a joint venture shall establish a trade union organization according to law to carry out trade union activities and safeguard their legitimate rights and interests.
A joint venture shall provide necessary conditions for the trade union to carry out its activities.
6.合营企业工会是职工利益的代表，有权代表职工同合营企业签定劳动合同，并监督合同的执行。
6. The trade union in a joint venture represents the interests of its staff and workers. It shall have the right to conclude labor contracts with the joint venture on behalf of the staff and workers and supervise the implementation of the contracts.
7.合营企业工会的基本任务是：依法维护职工的民主权利和物质利益；协助合营企业安排和合理使用福利、奖励基金；组织职工学习政治、科学、技术和业务知识，开展文艺、体育活动；教育职工遵守劳动纪律，努力完成企业的各项经济任务。
7. The fundamental tasks of the trade union in a joint venture shall be： to protect the democratic rights and material benefits of the staff and workers according to law； to assist the joint venture in the arrangement and rational use of the welfare and bonus fund； to organize the staff and workers to study politics， science， technology and professional knowledge and carry out literary， artistic and sports activities； and to educate the staff and workers to observe labor discipline and strive to fulfill the various economic tasks of the enterprise.
8.合营企业董事会会议讨论企业的发展规划、生产经营活动等重大事项时，工会的代表有权列席会议，反映职工的意见和要求。
董事会会议研究决定有关职工奖惩、工资制度、生活福利、劳动保护和保险等问题时，工会的代表有权列席会议，董事会应当听取工会的意见，取得工会的合作。
8. When the board of directors of a joint venture convenes a meeting to discuss such important matters as expansion plans and production and operational activities of the joint venture， the trade union representatives shall have the right to attend the meeting as nonvoting members and voice the opinions and demands of the staff and workers.
When a board meeting is convened to discuss and decide matters relating to the reward and penalty system， wage system， welfare benefits， labor protection and labor insurance for the staff and workers， the trade union representatives shall have the right to attend the meeting as nonvoting members， and the directors shall heed the comments of the trade union and enlist its cooperation.
9.合营企业应当积极支持本企业工会的工作。合营企业应当按照《中华人民共和国工会法》的规定为工会组织提供必要的房屋和设备，用于办公、会议、举办职工集体福利、文化、体育事业。合营企业每月按企业职工实际工资总额的2%拨交工会经费，由本企业工会按照中华全国总工会制定的有关工会经费管理办法使用。
9. A joint venture shall actively support the work of the trade union in its work and in accordance with the provisions of the Trade Union Law of the People‘s Republic of China， provide necessary housing and equipment for the trade union organization to do its routine work， hold meetings， and carry out collective welfare， cultural and sports activities for the staff and workers. The joint venture shall appropriate an amount accounting for two percent of the actual payroll per month as the trade union fund， which shall be used by the trade union of the joint venture in accordance with the relevant rules for management of trade union funds formulated by the All China Federation of Trade Unions.
9.2.1合同条款
1.公司职工的招收、招聘、辞退、工资、劳动保险和福利等事项，按照国家有关劳动和社会保障的规定，经总经理制定方案后交董事会决定，并由公司与公司的工会组织集体或个人签定劳动合同加以规定。劳动合同订立后，应报当地劳动管理部门备案。
1. Matters concerning the recruitment， employment and dismissal of the employees of the company and their remuneration， labor insurance and welfare benefits shall be decided by the board of directors after a plan thereof has been worked out and submitted by the general manager in accordance with the stipulations of the State relating to labor and social security， and shall be set out in the labor contracts to be entered into between the company and the trade union organization of the company on a collective basis or each employee individually. The executed labor contracts shall be filed with the local labor department for the record.
The recruitment， employment and dismissal of， and the salaries， labor insurance and welfare benefits for， the staff and workers of the company shall be determined by the general manager and then submitted to the board of directors for approval in accordance with the state provisions in respect of labor and social security. All such matters shall be provided in the contract concluded between the joint venture and the trade union organization of the company on a collective basis or each employee individually. After the conclusion， such contract shall be reported to the local labor management authority for record.
2.公司总经理、副总经理及其他高级管理人员的聘请和薪资等遇、社会保险、福利、差旅费标准等到由董事会决定。
2. The engagement of the general manager， deputy general manager and other senior officers of the company and their salaries， social insurance， welfare benefits and business travel allowance shall be decided by the board of directors.
3.各部门管理人员的薪资等遇、社会保险、福利、差旅费标准等由总经理提出方案，报董事会批准。
3. The plan of the salaries， social security， welfare benefits and business travel allowances for the managerial personnel of the various departments shall be worked out by the general manager and submitted to the board of directors for approval.
4.公司的组织结构由董事会决定。雇员人数和对当地职工的要求由董事会根据公司的经营需要确定。公司有权从公开人力资源市场适当招聘和雇用职工。公司可决定雇员必须具备何种必要的技术和资质，并将雇员名单报当地劳动局备案。除非董事会另有规定，公司应与每一个雇员分别签定劳动合同。
4. The organizational structure of the Company shall be decided by the board of directors. The number of employees and requirements of local staff shall be determined by the board of directors on the basis of the Company‘s operational needs. The company shall have the right to recruit and hire staff and workers as appropriate from the public human resources market. The company may decide what necessary skills and qualifications employees must possess， and shall file a record of their employment with the local labor bureau. Unless otherwise decided by the board of directors， the company shall conclude an individual labor contract with each employee.
5.公司有权对违反劳动手册或其他书面材料中规定的公司规章制度和劳动纪律的雇员给予警告、记过和降薪处分。根据中国劳动法规定，公司还有权解雇严重违反公司规章制度或不称职的雇员。辞退雇员的通知应报当地劳动部门备案。
5. The company shall have the right to give disciplinary warnings， record demerits and reduce salary against those employees who have violated the rules and regulations and labor discipline of the company as set out in the worker‘s book or other written materials. In accordance with the PRC Labor Law the company shall also have the right to dismiss those employees who have seriously breached the rules and regulations of the company or who are incompetent to carry out their duties. Dismissal of employees shall be filed with the local labor department for the record.
6.公司雇员的工资待遇，应参照《外商投资企业劳动管理规定》和中国其他有关劳动规定，由董事会确定。总经理的薪金由董事会决定。其他人员的薪金由总经理决定。
6. The wages and benefits of the employees of the company shall be determined by the Board with reference to the Regulations on Labor Management in Foreign Investment Enterprises and other relevant PRC labor regulations. The salary of the general manager shall be decided by the board of directors. The salaries of other personnel shall be decided by the general manager.
7.根据中国劳动法和劳动规定，雇员的福利、奖金、劳动保护和劳动保险，应按公司政策予以规范，以确保雇员在正常的工作条件下工作。
7. Subject to the PRC Labor Law and Labor Regulations， the employees‘ welfare， bonus， labor protection and labor insurance shall be so regulated in the company policies as to ensure that the employees may work under normal working conditions.
8.公司与雇员的关系应符合关于就业和工会的一切适用的法律要求。公 司雇员有权根据《中华人民共和国工会法》的规定建立工会，开展工会活动。
8. The company‘s relations with its employees shall comply with all applicable legal requirements for employment and trade union matters. The employees of the company shall have the right to establish a trade union to carry out trade union activities in accordance with the provisions of the Trade Union Law of the People’s Republic of China
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