【正文】
he work quota standards and may not pel or in a disguised manner pel Employees to work overtime. If an Employer arranges for a Employee to work overtime, it shall pay him overtime pay in accordance with the relevant state regulations.Article 32Employees shall not be held in brea of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer. Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health. Article 33anges su a ange in the name, legal representative or main person in arge of, or an (the) investor(s) in, an Employer shall not affect the performance of its employment contracts. Article 34If an Employer is merged or divided, etc., its existing employment contracts shall remain valid and continue to be performed by the Employer(s) whi succeeded to its rights and obligations Article 35An Employer and a Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing. The Employer and the Employee shall ea hold one copy of the amended employment contract. APTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTSArticle 36An Employer and a Employee may terminate their employment contract if they so agree after consultations. Article 37A Employee may terminate his employment contract on 30 days’ prior written notice to his Employer. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior notice. Article 38A Employee may terminate his employment contract if his Employer: (1) Fails to provide the labor protection or working conditions specified in the employment contract。 (5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof。 (4) has additionally established an employment relationship with another Employer whi materially affects the pletion of his tasks with the firstmentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer。 or (3) A major ange in the objective circumstances relied on at the time of conclusion of the employment contract renders it unperformable and, after consultations, the Employer and Employee are unable to rea agreement on amending the employment contract. Article 41If 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 enterprise’s employees, the Employer may reduce the workforce after it has explained the circumstances to its Trade union or to all of its employees 30 days in advance, has considered the opinions of the Trade union or the employees and has subsequently reported the workforce reduction plan to the labor administration department: (1) Restructuring pursuant to the Enterprise Bankrtcy Law。 (2) Who have concluded openended employment contracts with the Employer。 (4) Is a female employee in her pregnancy, confinement or nursing period。 (3) The Employee dies, or is declared dead or missing by a People’s Court。 (2) The employment contract is terminated after su termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reaed agreement thereon after consultations。 (6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof。Article 51After bargaining on an equal basis, enterprise employees, as one party, and their Employer may conclude a collective contract on su matters as labor pensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval. A collective contract shall be concluded by the Trade union, on behalf of the enterprise’s employees, and the Employer. If the Employer does not yet have a Trade union, it shall 1 Translator’s note: The phrase “of the area〞 does not appear in the inese text. It has been added by us in view of the context.Conclude the collective contract with a representative put forward by the Employees under the guidance of the Trade union at the next higher level. Article 52Enterprise employees, as one party, and their Employer may enter into specialized collective contracts addressing labor safety and hygiene, protection of the rights and interests of female employees, the wage adjustment meani, etc. Article 53Industrywide or areawide collective contracts may be concluded between the Trade union on the one hand and representatives on the side of the enterprises on the other hand in industries su as construction, mining, catering services, etc. within areas below the county level. Article 54After a collective contract has been concluded, it shall be submitted to the labor administration authority. The collective contract shall bee effective on the lapse of 15 days from the date of receipt thereof by the labor administration authority, unless the said authority raises any objections to the contract. A collective contract that has been concluded in accordance with the law is binding on the Employer and the Employees. An industrywide or areawide collective contract is binding on Employers and Employees in the industry or in the area in the locality concerned. Article 55The rates for labor pensation, standards for working conditions, etc. stipulated in a collective contract may not be lower than the minimum rates and standards prescribed by the local People’s Government. The rates for labor pensation, standards for working conditions, etc. sti