【正文】
loyees. APTER 2 CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7An Employer’s employment relationship with a Employee is established on the date it starts using the Employee. An Employer shall keep a register of employees, for reference purposes. Article 8When an Employer hires a Employee, it shall truthfully inform him as to the content of the work, the working conditions, the place of work, occational hazards, production safety conditions, labor pensation and other matters whi the Employee requests to be informed about. The Employer has the right to learn from the Employee basic information whi directly relates to the employment contract, and the Employee shall truthfully provide the same. Article 9When hiring a Employee, an Employer may not retain the Employee’s resident ID card or other papers, nor may it require him to provide security or collect property from him under some other guise. Article 10To establish an employment relationship, a written employment contract shall be concluded. In the event that no written employment contract was concluded at the time of establishment of an employment relationship, a written employment contract shall be concluded within one month after the date on whi the Employer starts using the Employee.Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee, the employment relationship shall be established on the date on whi the Employer starts using the Employee. Article 11In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him, and it is not clear what labor pensation was agreed on with the Employee, the labor pensation of the new Employee shall be decided pursuant to the rate specified in the collective contract。S REPUBLIC OF INA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing mittee of the 10th National People39。 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 15An “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 16An 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 17An employment contract shall specify the following matters: (1) The name, domicile and legal representative or main person in arge of the Employer。 (5) Working hours, rest and leave。 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 18If 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。 (2) The Employer disclaims its legal liability or denies the Employee his rights。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。 (2) Materially breaes the Employer’s rules and regulations。 or (6) Has his criminal liability pursued in accordance with the law. Article 40An Employer may terminate an employment contract by giving the Employee himself 30 days’ prior written notice, or one month’s wage in lieu of notice, if: (1) 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。(3) The enterprise swites production, introduces a major tenological innovation or revises its business method, and, after amendment of employment contracts, still needs to reduce its workforce。 (2) Has been confirmed as having lost or partially lost his capacity to work due to an occational disease contracted or a workrelated injury sustained with the Employer。 (6) Finds himself in other circumstances stipulated in laws or administrative statutes. Article 43When an Employer is to terminate an employment contract unilaterally, it shall give the Trade union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union’s opinions and notify the Trade union in writing as to the oute of its handling of the matter.Article 44An employment contract shall end if: (1) Its term expires。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 (4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 he