【正文】 3 if a labor contract has a term of more than one year but less than three years, the probation period may not exceed two months。(8)(4)A ‘labor contract that terminates upon the pletion of a certain task’ refers to a labor contract where the Employer and the employee have agreed that the contractual term is based on the pletion of a specific task. An Employer and an employee may, upon consultation, conclude a labor contract with a term that is based on the pletion of a certain task. Article 16A ‘fixedterm labor contract’ refers to a labor contract where the termination date has been agreed upon by the Employer and the employee. A fixedterm labor contract may be concluded between an Employer and an employee upon consultation. Article 14 Employers shall formulate and improve labor rules and regulations in accordance with the law, so as to ensure that employees enjoy their labor rights and perform their labor obligations. The formulations, amendments and decisions made by Employers with respect to rules on labor pensation, working hours, leave and rest, occupational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., which have a direct impact on employees’ immediate rights and interests, or other material matters, shall be presented to and discussed with the employee representative congress or all the employees, and the proposal and advice thereof shall be determined after consultation with the labor union or employee representative on the basis of equality. If, during the implementation of a rule or regulation or decision on a material matter, the labor union or any of the employees deems it inappropriate, they shall be entitled to raise the issue with the Employer and have it amended after consultation.Supplementary ProvisionsLabor Contract Lawof the People’s Republic of ChinaChapter 1Collective ContractsPart IIConclusion of Labor ContractsChapter III s Republic of China 勞動(dòng)合同法Promulgation date:June 29, 2007Effective date:January 1, 2007Department: National People39。The conclusion of a labor contract shall be based on the principles of lawfulness, fairness, equality, voluntariness, negotiated consensus and good faith. A lawfully concluded labor contract shall have binding force, both the Employer and the employee shall perform their respective obligations stipulated therein.Conclusion of Labor ContractsArticle 7 Where an Employer fails to conclude a written labor contract with an employee before the employee mences work, and it is unclear what labor pensation was agreed upon with the employee, the labor pensation for the newly recruited employee shall be paid in accordance with the standards stipulated in the collective contract。When the Employer first introduces the labor contract system or the stateowned enterprise that employs him reconcludes its labor contracts as of restructuring, the employee has been working for the Employer for ten (10) consecutive years and is less than 10 years away from his legal retirement age。name, residential address and number of the resident ID card or other valid identity document number of the worker。labor pensation。 if such negotiation fails, the provisions of the collective contract shall apply. If there is no collective contract or if the collective contract is silent on the issue of labor pensation, the principle of equal pay for equal work shall apply。An Employer shall not terminate the labor contract during the probation period unless the employee falls into any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law. If an Employer terminates a labor contract during the probation period, it shall explain the reasons to the employee. Article 22A labor contract shall be wholly or partially invalid if:(1) shall be subject to determination by a labor dispute arbitration institution or a People’s court. Article 27 A change in the Employer’s name, legal representative, main personincharge or investor, or in relation to other matters shall not affect the performance of the labor contract.Article 34fails to provide work protection or working conditions as stipulated in the labor contract。causes the labor contract to be invalid due to any of the circumstances stipulated in the first paragraph of Article 26 of this Law。causes substantial loss to the Employer due to his serious dereliction of duty or engagement in graft for personal gain。where the employee is unable to resume his original work nor engage in other work arranged for him by the Employer after the expiration of the prescribed medical treatment period for an illness or nonworkrelated injury。restructuring pursuant to the Enterprise Bankruptcy Law。(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 during his employment with the Employer。 or(6)the worker is deceased, or is declared dead or missing by a people’s court。The Employer shall pay the employee financial pensation in any of the following circumstances: (1)(5)The State will adopt measures to establish a prehensive system that enables worker’s social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50After a collective contract is concluded, it shall be submitted to the labor administrative department. The collective contract shall bee effective if within 15 days after receipt of the same, the labor administrative department does not raise any objection to the contract. A collective contract that has been concluded in accordance with the law shall be binding upon the Employer and the employees. An industrybased or regionbased collective contract shall be binding upon the Employers and the employees in the industry or in the area in the localit。(6)(2)the Employer is declared bankrupt in acc