【正文】
ces make it necessary to reduce the workforce by 20 persons or more, or less than 20 persons but accounting for 10% or more of the total number of employees of the Employer, the Employer may only do so after it has explained the situation to the labor union or to all of its employees 30 days in advance, has considered the opinions of the labor union or the employees, a material change in the objective economic conditions relied upon at the time of conclusion of the labor contracts renders it impossible for the parties to perform. When reducing its workforce, the Employer shall retain in priority personnel:(1) or under medical observation。(5)the employee has started to enjoy his entitlement to basic oldage insurance pension in accordance with the law。other circumstances stipulated by laws or administrative regulations arise. Article 45(4)An employee shall be paid financial pensation based on the number of years he has worked for the Employer at the rate of one month’s wages for each full year worked. Any period of not less than 6 months but less than one year shall be counted as one year. The financial pensation payable to a worker for any period of less than 6 months shall be onehalf of his monthly wage. If the monthly wage of a worker is three times greater than the average monthly wage in the previous year for employees as announced by the people’s government at the municipal level directly under the central government or at the citywithdistrict level where the Employer is located, the rate for the financial pensations paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work.The term “monthly wage” as mentioned in this Article refers to the worker’s average wage for the 12 months prior to revocation or termination of his labor contract.Article 48Enterprise employees, as one party, may enter into a special collective contract with the Employer with regard to issues concerning work safety and hygiene, protection of female workers’ rights and interests, wage adjustment mechanism, etc. Article 53Collective ContractsArticle 51 or(7)(3)the Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early dissolution。the contract term expires。is a female workerAn Employer shall not terminate a labor contract under Articles 40 and 41 of this Law if the employee:(1)the enterprise switches production, introduces significant technological innovation or adjusts its business model, and still needs to reduce its workforce after amending the labor contracts。a material change in the objective circumstances relied upon at the time of conclusion of the labor contract renders it impossible for the parties to perform and, after consultation, the Employer and the employee are unable to reach an agreement on amending the labor contract.causes the labor contract to be invalid due to any of the circumstances stipulated in item (1) of the first paragraph of Article 26 of this Law。fails to meet the requirements for employment during the probation period。fails to pay the social insurance premium for the employee in accordance with the law。Revocation and Termination of Labor ContractsArticle 36The Employer and the employee shall fully perform their respective obligations in accordance with the terms of the labor contract.Article 30 the labor contract absolves the Employer from legal liability and denies the employee his rights。An Employer and an employee may include in their labor contract confidentiality provisions in respect of the Employer’s trade secrets and other confidential matters with regard to intellectual property.If an employee has a confidentiality obligation, the Employer may contract with the worker to include nonpetition provisions in the labor contract or confidentiality agreement, and agree to pay financial pensation to the employee on a monthly basis during the nonpetition period after the termination or revocation of the labor contract. If the employee breaches the nonpetition provisions, he shall pay liquidated damages to the Employer in accordance with the stipulated terms. Article 24 for a fixedterm labor contract with a term of more than three years and an openended labor contract, the probation period may not exceed six months. The same Employer may only stipulate one probation period with any given employee.labor protection, working conditions and protection against occupational hazards。scope of work and place of work。A labor contract shall bee effective after the Employer and the employee have both signed or sealed such contract upon reaching a negotiated consensus. The Employer and the employee shall each keep one copy of the employment agreement. Article 17 An ‘openended labor contract’ refers to a labor contract where the Employer and the employee have agreed not to stipulate a definite termination date. An openended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an openended labor contract shall be concluded, unless the employee requests the conclusion of a fixedterm labor contract instead:The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occupational hazards, production safety conditions, labor pensation and other matters requested by the employee。 The Employer shall make rules, regulations and decisions on material matters that have a direct impact on employees’ immediate interests and rights, public or municate the same to the employees. Article 5 General ProvisionsArticle 1 Work PlacementPart III s CongressOrder of the President of the People’s Republic of China (No. 65)The Labor Contract Law of the People’s Republic of China, adopted at the 28th Session o