【正文】 enended employment contract〞 is an employment contract for whi the Employer and the Employee have agreed not to stipulate a definite ending date.　　An Employer and a Employee may conclude an openended employment contract on reaing a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances an openended employment contract shall be concluded unless the Employee requests the conclusion of a fixedterm employment contract：　　1〕 The Employee has been working for the Employer for a consecutive period of not less than 10 years；　　2〕 when his Employer introduces the employment contract system or the state owned enterprise that employs him reconcludes its employment contracts as a result of restructuring the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age； or　　3〕 prior to the renewal a fixedterm employment contract was concluded on two consecutive occasions and the Employee is not aracterized by any of the circumstances set forth in Article 39 and items 1〕 and 2〕 of Article 40 hereof.　　If an Employer fails to conclude a written employment contract with a Employee within one year from the date on whi it starts using the Employee the Employer and the Employee shall be deemed to have concluded an openended employment contract.　　Article 15　　An “employment contract with a term to expire on pletion of a certain job〞 is an employment contract in whi the Employer and the Employee have agreed that the pletion of a certain job is the term of the contract.　　An Employer and a Employee may on reaing a negotiated consensus conclude an employment contract with a term to expire on pletion of a certain job.　　Article 16　　An employment contract shall bee effective when the Employer and the Employee have reaed a negotiated consensus thereon and ea of them has signed or sealed the text of su contract.　　The Employer and the Employee shall ea hold one copy of the employment contract.　　Article 17　　An employment contract shall specify the following matters：　　1〕 The name domicile and legal representative or main person in arge of the Employer；　　2〕 The name domicile and number of the resident ID card or other valid identity document of the Employee；　　3〕 The term of the employment contract；　　4〕 The job des cription and the place of work；　　5〕 Working hours rest and leave；　　6〕 Labor pensation；　　7〕 Social insurance；　　8〕 Labor protection working conditions and protection against occational hazards； and　　9〕 Other matters whi laws and statutes require to be included in employment contracts.　　In addition to the requisite terms mentioned above an Employer and a Employee may agree to stipulate other matters in the employment contract su as probation period training confidentiality splementary insurance and benefits etc.　　Article 18　　If a dispute arises due to the fact that the rate or standards for labor pensation or working conditions etc. are not explicitly specified in the employment contract the Employer and the Employee may renegotiate. If the negotiations are unsuccessful the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor pensation equal pay shall be given for equal work； if there is no collective contract or the collective contract is silent on the issue of working conditions the relevant regulations of the state shall apply.　　Article 19　　If an employment contract has a term of not less than three months but less than one year the probation period may not exceed one month； if an employment contract has a term of more than one year and less than three years the probation period may not exceed two months； and if an employment contract has a term of not less than three years or is openended the probation period may not exceed six months.　　An Employer may stipulate only one probation period with any given Employee.　　No probation period may be specified in an employment contract with a term to expire on pletion of a certain job or an employment contract with a term of less than three months.　　The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only then there is no probation period and the term concerned shall be the term of the employment contract.　　Article 20　　The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed on in the employment contract and may not be less than the minimum wage rate in the place where the Employer is located.　　Article 21　　An Employer may not terminate an employment contract during the probation period unless the Employee is aracterized by any of the circumstances set forth in Article 39 and items 1〕 and 2〕 of Article 40 hereof. If an Employer terminates an employment contract during the probation period it shall explain the reasons to the Employee.　　Article 22　　If an Employer provides special funding for a Employee39。s training and gives him professional tenical training it may conclude an agreement specifying a term of service with su Employee.　　If the Employee breaes the agreement on the term of service he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service.　　The reaing of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee39。s labor pensation during the term of service according to the normal wage adjustment