【正文】 ant to Article 38 hereof。 (5) The employment contract is a fixed–term contract that ends pursuant to item (1) of Article 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。SECTION 1 COLLECTIVE CONTRACT (7) Other circumstances specified in laws or administrative statutes. Article 47An Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to an Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of an Employee is greater than three times the average monthly wage of employees in the Employer’s area as published by the People’s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. For the purposes of this Article, the term “monthly wage” means the Employee’s average monthly wage for the 12 months prior to the termination or ending of his employment contract. Article 48If an Employer terminates or ends an employment contract in violation of this Law and the Employee demands continued performance of such contract, the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has bee impossible, the Employer shall pay damages pursuant to Article 87 hereof. Article 49The state will take measures to establish a prehensive system that enables Employees’ social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee’s file and social insurance account. The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay, it shall pay the same upon pletion of the procedures for the handover of the work. The Employer shall keep terminated or ended employment contracts on file for not less than two years, for reference purposes. (3) The employment contract is terminated by the Employer pursuant to Article 40 hereof。 (4) The Employer is declared bankrupt。 (5) Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age。 or (3) Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide. If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months, it shall give notice to the persons dismissed at the time of the reduction and, all things being equal, hire them on a preferential basis. Article 42An Employer may not terminate an employment contract pursuant to Article 40 or Article 41 hereof if the Employee: (1) is engaged in operations exposing him to occupational disease hazards and has not undergone a predeparture occupational health checkup, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation。 (2) Serious difficulties in production and/or business operations。 (5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof。 (6) Gives rise to another circumstance in which laws or administrative statutes permit an Employee to terminate his employment contract. If an Employer uses violence, threats or unlawful restriction of personal freedom to pel an Employee to work, or if an Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the Employer. Article 39An Employer may terminate an employment contract if the Employee: (1) Is proved during the probation period not to satisfy the conditions for employment。 (2) Fails to pay pensation in full and on time。 or (3) Mandatory provisions of laws or administrative statutes are violated. If the invalidity or partial invalidity of the employment contract is disputed, it shall be confirmed by a labor dispute arbitration institution or a People’s Court. Article 27If certain provisions of an employment contract are invalid and such invalidity does not affect the validity of the remaining provisions, the remaining provisions shall remain valid. Article 28If an employment contract is confirmed as invalid and the Employee has already performed labor, the Employer shall pay the Employee pensation. The amount of pensation shall be determined with reference to the pensation of Employees in the same or a similar position with the Employer. 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 19If 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。 (6) Compensation。 (2) The name, domicile and number of the resident ID card or other valid identity document of the Employee。CHAP