NYU Shanghai (上海纽约大学) will operate within different legal and cultural environments. To ensure the smooth progress of its construction, maintenance, and operation based on the shared values of the Shanghai Municipal Education Commission, the People’s Government of Pudong New Area, Shanghai, East China Normal University, and New York University (the “Parties”) and the relevant provisions of the existing laws of the People’s Republic of China (“PRC”), the following Statement of Labor Values is agreed upon in respect of the construction, maintenance, and operation of NYU Shanghai (上海纽约大学).
1. Wages and Benefits
Wages are essential to meeting employees’ basic needs. As a general rule, employees providing services to NYU Shanghai (上海纽约大学) or in connection with the construction, maintenance, and operation of NYU Shanghai (上海纽约大学) will be timely and accurately paid wages and benefits that conform to their essential needs and living standards pursuant to all applicable PRC laws and regulations (including, without limitation, the minimum wage standards required by the government).
2. Social Insurance
With respect to employees, whether they are or are not registered Shanghai residents, and whether they are full-time or part-time employees, statutory social insurance shall be paid timely and accurately in accordance with all applicable PRC laws and regulations.
3. Working Hours
Pursuant to the PRC labor laws and regulations, employees shall not be required to work more than the limits on working hours allowed by the law. Implementation of any nonstandard working hours system shall also be in compliance with applicable PRC laws and regulations.
4. Overtime Compensation
In addition to ensuring that employees obtain corresponding compensation for their work during regular hours of work, overtime compensation shall be paid for employees’ work for overtime hours pursuant to provisions of law.
5. Protecting Women’s Rights
Female employees shall receive equal treatment, including equal salary and relevant benefits, equal evaluation, and equal opportunity to fill all positions open to male employees. Women’s rights during pregnancy, childbirth, and the nursing period as provided by the PRC law shall be protected.
6. No Employment of Child Labor
Pursuant to provisions of the PRC law, no person younger than 16 years old shall be employed to provide services for NYU Shanghai (上海纽约大学) or in connection with NYU Shanghai (上海纽约大学), unless otherwise permitted by applicable PRC law.
7. No Harassment or Abuse
Each employee shall be treated with dignity. No employee shall be subject to any physical, sexual, psychological, or verbal harassment or abuse, nor will any form of corporal punishment be used or tolerated.
8. No Forced Labor
There shall not be any use of forced prison labor, indentured labor, bonded labor, or other forced labor.
9. Securing Health and Safety
Pursuant to the provisions of the PRC law, a safe and healthy working environment shall be provided to employees providing services to NYU Shanghai (上海纽约大学) or in connection with NYU Shanghai (上海纽约大学) to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work. The direct operations of NYU Shanghai (上海纽约大学) and the vendors, service providers, contractors, and subcontractors in connection with NYU Shanghai (上海纽约大学) shall comply with all workplace safety and health regulations established by the PRC government, including, without limitation, the requirement on construction and operation of labor safety and sanitation facilities as well as the standards applicable to construction work.
10. Principle of Nondiscrimination
No person shall be subject to any discrimination in employment, including hiring, salary, benefits, advancement, discipline, termination, or retirement.
11. Termination of Employment
Except termination of employment through mutual consent, other circumstances for termination of employment must have statutory grounds. The employees shall have the right to claim severance payment.
12. Resolution of Work Disputes
The right of employees to resolution of labor disputes shall be recognized and respected. No employee shall be subject to harassment, intimidation, or retaliation in their efforts to resolve work disputes.
13. Compliance with Laws
The labor inspection requirements of the PRC labor laws and regulations will be implemented and comprehensively enforced in the construction, operation, and maintenance of the NYU Shanghai (上海纽约大学) campus.
The Parties agree to
(i) that the Statement of Labor Values will be annexed to any tendering documents with respect to the selection and appointment of contractors and service providers (other than consultants) who will be on-site and provide significant services (“Contractors”);
(ii) that the Contractors will be contractually obliged to comply with the Statement of Labor Values during the term of their respective contracts;
(iii) that remediation and enforcement measures with respect to the Statement of Labor Values will be incorporated in the Contractors' contracts;
(iv) and that commercially reasonable endeavors will be used to ensure compliance with the Statement of Labor Values by the Contractors, including implementation of enforcement measures; any Party may request the Contractors to submit reports regarding compliance with the Statement of Labor Values, which reports will be shared among the Parties.
As the Parties launching NYU Shanghai (上海纽约大学), the Parties will make joint efforts to advance the construction, maintenance, and operation of NYU Shanghai (上海纽约大学) in compliance with this Statement of Labor Values.