【正文】
the objective economic conditions relied upon at the time of conclusion of the labor contracts renders it impossible for the parties to perform. When reducing its workforce, the Employer shall retain in priority personnel:(1)serious difficulties in production and/ or business operation。If any of the following circumstances make it necessary to reduce the workforce by 20 persons or more, or less than 20 persons but accounting for 10% or more of the total number of employees of the Employer, the Employer may only do so after it has explained the situation to the labor union or to all of its employees 30 days in advance, has considered the opinions of the labor union or the employees,where the employee is inpetent and remains inpetent after training or adjustment of his position。is subject to criminal liability in accordance with the law.Article 40 establishes an employment relationship with another Employer simultaneously which materially affects the pletion of his task with the original Employer, or he refuses to rectify the situation after being cautioned by the Employer。materially breaches the Employer’s rules and regulations。causes the occurrence of a circumstance in which laws or administrative regulations allow the worker to terminate the labor contract. If an Employer uses violence, threats or unlawful restriction of personal freedom to force an employee to work, or if an Employer forces or instructs an employee to perform dangerous tasks which would endanger his personal safety in violation of rules or regulations, the employee may terminate his labor contract immediately without giving any prior notice to the Employer. Article 39adopts rules or regulations that are in violation of laws or regulations, thereby impairing the employee’s rights and interests。fails to pay labor pensation in full or on time。An employee may terminate the labor contract upon giving his Employer 30 days’ prior written notice. An employee may terminate his labor contract during the probation period by giving the Employer 3 days’ prior notice. Article 38 Article 35An Employer shall strictly implement the work quota standards, and shall not force or in a disguised manner force any worker to work overtime. In the event that the Employer arranges for a worker to work overtime, it shall pay overtime wages to the employee in accordance with the relevant state regulations. Article 32 Where a labor contract is held to be invalid and the worker has performed his obligations, the Employer shall pay the employee labor pensation for such obligations. The amount of labor pensation shall be determined with reference to the labor pensation for employee s in the same or a similar position with the Employer.Chapter IIIthe labor contract is in violation of the mandatory provisions of laws or administrative regulations. If there is any dispute over the invalidity or partial invalidity of the labor contract, it against the latter’s true intent。Save for circumstances stipulated in Article 22 and Article 23 of this law, an Employer shall not enter into an agreement with an employee regarding liquidated damages to be borne by the employee.If an Employer is paying for a worker’s special training expenses and providing him with professional technical training, it may enter into an agreement specifying a term of service with such employee. If the employee breaches the agreed term of service, he shall pay liquidated damages to the Employer in accordance with the terms of the agreement. The amount of the liquidated damages shall not exceed the amount of the training allowance provided by the Employer. The amount of the liquidated damages required by the Employer shall not exceed the portion of the training allowance allocated to the unperformed portion of the term of service. Article 20 If a labor contract has a term of more than three months but less than one year, the probation period may not exceed one month。other issues required by laws and regulations to be included in the labor contract. Apart from the mandatory terms mentioned above, an Employer and an employee may agree to include other matters in the labor contract such as probation period, training, confidentiality, supplementary insurance and welfare, etc.Article 18 social insurance。working hours, rest and leave。term of the labor contract。name, domicile and legal representative or main person incharge of the Employer。Where a labor contract was concluded as a fixedterm labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract.If an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee mences work, they shall be deemed to have entered into an openended labor contract. Article 15 The employee has been working for the Employer for ten (10) consecutive years。Labor contracts are divided into fixedterm labor contracts, openended labor contracts and labor contracts that terminate upon the pletion of a certain task. Article 13 When hiring an employee, the Employer shall not retain the employee’s resident ID card or other documentation, nor demand the employee to provide security or collect property from him/her under some other guise. Article 10 Article 8 Article 4 Article 2 People39。編號:時間:2021年x月x日書山有路勤為徑,學(xué)海無涯苦作舟頁碼:第24頁 共24頁Labor Contract Law of the People39。 the 10th NationalGeneral ProvisionsChapter II Performance and Amendment of Labor ContractsChapter IVSpecial ProvisionsPart IParttime LaborChapter VILegal LiabilityChapter VIIIThis Law is formulated to improve the labor contract system, to specify the rights and obligations of the parties to labor contracts, to protect the legitimate rights and interests of workers, and to build and develop harmonious and stable employment