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勞動合同法英文-免費閱讀

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【正文】 s file and social insurance account.  The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay it shall pay the same on pletion of the procedures for the handover of the work.  The Employer shall keep terminated or ended employment contracts on file for not less than two years for reference purposes.  APTER 5 SPECIAL PROVISIONS  SECTION 1 COLLECTIVE CONTRACT  Article 51  After 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 enterprise39。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〕 Serious difficulties in production and/or business operations;  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; or  4〕 Another major ange in the objective economic circumstances relied on at the time of conclusion of the employment contracts rendering them unperformable.  When reducing the workforce the Employer shall retain with priority persons:  1〕 Who have concluded with the Employer fixedterm employment contracts with a relatively long term;  2〕 Who have concluded openended employment contracts with the Employer; or  3〕 Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide.  If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months it shall give notice to the persons diissed at the time of the reduction and all things being equal hire them on a preferential basis.  Article 42  An Employer may not terminate an employment contract pursuant to Article  40 or Article 41 hereof if the Employee:  1〕 is engaged in operations exposing him to occational disease hazards and has not undergone a predeparture occational health eck or is suspected of having contracted an occational disease and is being diagnosed or under medical observation;  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;  3〕 Has contracted an illness or sustained a nonworkrelated injury and the set period of medical care therefore has not expired;  4〕 Is a female employee in her pregnancy confinement or nursing period;  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;  6〕 Finds himself in other circumstances stipulated in laws or administrative statutes.  Article 43  When 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 union39。s  Court for an order to pay; and the People39。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 8  When 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 9  When hiring a Employee an Employer may not retain the Employee39。s Republic of ina on the other hand.  The conclusion performance amendment termination and ending of employment contracts by state authorities institutions or social organizations on the one hand and Employees with whom they establish employment relationships on the other hand shall be handled pursuant to this Law.  Article 3  The conclusion of employment contracts shall ply with the principles of lawfulness fairness equality free will negotiated consensus and good faith.  A lawfully concluded employment contract is binding and both the Employer and the Employee shall perform their respective obligations stipulated therein.  Article 4  Employers shall establish and improve internal rules and regulations so as to ensure that Employees enjoy their labor rights and perform their labor obligations.  When an Employer formulates revises or decides on rules and regulations or material matters that have a direct bearing on the immediate interests of its Employees su as those concerning pensation work hours rest leave work safety and hygiene insurance benefits employee training work discipline or work quota management the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees as the case may be shall put forward a proposal and ments whereon the matter shall be determined through consultations with the Trade union or employee representatives conducted on
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