【正文】 (3) The employment contract is terminated by the Employer pursuant to Article 40 hereof。 (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。 (2) Serious difficulties in production and/or business operations。 (6) Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract. If an Employer uses violence, threats or unlawful restriction of personal freedom to pel a Employee to work, or if a 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 39 An Employer may terminate an employment contract if the Employee: (1) Is proved during the probation period not to satisfy the conditions for employment。 and if an employment contract has a term of not less than three years or is openended, the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee. No probation period may be specified in an employment contract with a term to expire upon pletion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract. Article 20 The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located. Page 5 of 30 Article 21 An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee. Article 22 If an Employer provides special funding for a Employee’s training and gives him professional technical training, it may conclude an agreement specifying a term of service with such Employee. If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service. The reaching of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee’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 Employer’s senior management, senior technicians and other personnel with a confidentiality obligation. The scope, territory and term of the petition restrictions shall be agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations. The term, counted from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to petition restrictions in terms of his working for a peting Employer that produces the same type of products or is engaged in the same type of business as his current Employer, or in terms of his establishing his own business to produce the same type of products or engage in the same type of business, shall not exceed two years. Article 25 With the exception of the circumstances specified in Articles 22 and 23 hereof, an Employer may not stipulate with a Employee provisions on the bearing of liquidated damages by the Employee. Article 26 Page 6 of 30 An employment contract shall be invalid or partially invalid if: (1) A party uses such means as deception or coercion, or takes advantage of the other party’s difficulties, to cause the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party’s true intent。 (4) The job description and the place of work。S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS Adopted at the 28th Session of the Standing Committee 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 characterized 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