【正文】
of its handling of the matter. Article 44 An employment contract shall end if: ?。?) Its term expires; ?。?) The Employee has menced drawing his basic old age insurance pension in accordance with the law; ?。?) The Employee dies, or is declared dead or missing by a People39。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 Employee39。s employees, and the Employer. If the Employer does not yet have a Trade union, it shall 1 Translator39。 social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50 At 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 Employee39。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 a Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of a Employee is greater than three times the average monthly wage of employees in the Employer39。s wage in lieu of notice, if: ?。?) after the set period of medical care for an illness or nonworkrelated injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer; ?。?) The Employee is inpetent and remains inpetent after training or adjustment of his position; or ?。?) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, the Employer and Employee are unable to reach agreement on amending the employment contract. Article 41 If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise39。 prior notice. Article 38 A Employee may terminate his employment contract if his Employer: ?。?) Fails to provide the labor protection or working conditions specified in the employment contract; ?。?) Fails to pay labor pensation in full and on time; ?。?) Fails to pay the social insurance premiums for the Employee in accordance with the law; (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee39。s Court. Article 27 If 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 28 If an employment contract is confirmed as invalid and the Employee has already performed labor, the Employer shall pay the Employee labor pensation. The amount of labor pensation shall be determined with reference to the labor pensation of Employees in the same or a similar position with the Employer. CHAPTER 3 PERFORMANCE AND AMENDMENT OF EMPLOYMENT CONTRACTS Article 29 The Employer and the Employee shall each fully perform its/his obligations in accordance with the employment contract. Article 30 Employers shall pay their Employees labor pensation on time and in full in accordance with the employment contracts and state regulations. If an Employer falls into arrears with the payment of labor pensation or fails to make payment in full, the Employee may, in accordance with the law, apply to the local People39。s labor pensation during the term of service according to the normal wage adjustment mechanism. Article 23 An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual property. If a Employee has a confidentiality obligation, the Employer may agree with the Employee on petition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial pensation to the Employee on a monthly basis during the term of the petition restriction after the termination or ending of the employment contract. If the Employee breaches the petition restriction provisions, he shall pay liquidated damages to the Employer as stipulated. Article 24 The personnel subject to petition restrictions shall be limited to the Employer39。s Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a prehensive tripartite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships. Article 6 A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in order to safeguard the lawful rights and interests of Employees. CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTS Article 7 An Employer39。編號(hào):時(shí)間:2021年x月x日書(shū)山有路勤為徑,學(xué)海無(wú)涯苦作舟頁(yè)碼:第24頁(yè) 共24頁(yè)中華人民共和國(guó)勞動(dòng)合同法英文版LAW OF THE PEOPLE′S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS Adopted at the 28th Session of the Standing Committee of the 10th National People′s Congress on June 29,2007 Effective from January 1, 2008 CHAPTER 1 GENERAL PROVISIONS Article 1 This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and int