【正文】
rtain job” is an employment contract in which 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, upon reaching a negotiated consensus, conclude an employment contract with a term to expire upon pletion of a certain job. Article 16An employment contract shall bee effective when the Employer and the Employee have reached a negotiated consensus thereon and each of them has signed or sealed the text of such contract. The Employer and the Employee shall each 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 charge of the Employer。 and (9) Other matters which 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, such as probation period, training, confidentiality, supplementary 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。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。 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。 (2) Has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a workrelated injury sustained with the Employer。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 (6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof。 (3) The Employee dies, or is declared dead or missing by a People’s Court。 (2) Who have concluded openended employment contracts with the Employer。 (4) has additionally established an employment relationship with another Employer which 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。 and the People’s Court shall issue such order in accordance with the law. Article 31Employers shall strictly implement the 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 breach 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 33Changes such a change in the name, legal representative or main person in charge 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) which 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 each hold one copy of the amended employment contract. CHAPTER 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 upon 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。 (7) Social insurance。 where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work. Article 12Employment contracts are divided into fixedterm employment contracts, openended employment contracts and employment contracts to expire upon pletion of a certain job. Article 13A “fixedterm employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee. An Employer and a Employee may conclude a fixedterm employment contract upon reaching a negotiated consensus. Article 14An “openended employment contract” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date. An Employer and a Employee may conclude an openended employment contract upon reaching a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances,