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英文勞動(dòng)合同法(完整版)

  

【正文】 ss method, and, after amendment of employment contracts, still needs to reduce its workforce。 (2) Materially breaches the Employer’s rules and regulations。CHAPTER 3 PERFORMANCE AND AMENDMENT OF EMPLOYMENT CONTRACTSArticle 29The Employer and the Employee shall each fully perform its/his obligations in accordance with the employment contract. Article 30Employers shall pay their Employees pensation on time and in full in accordance with the employment contracts and state regulations. If an Employer falls into arrears with the payment of pensation or fails to make payment in full, the Employee may, in accordance with the law, apply to the local People’s Court for an order to pay。 (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 an 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 an Employee may conclude an openended employment contract upon reaching a negotiated consensus. If an Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances, an openended employment contract shall be concluded, unless the Employee requests the conclusion of a fixedterm employment contract: (1) The Employee has been working for the Employer for a consecutive period of not less than 10 years。 CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS CHAPTER 5 SPECIAL PROVISIONS (2) when his Employer introduces the employment contract system or the state owned enterprise that employs him reconcludes its employment contracts as a result of restructuring, the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age。 (8) Labor protection, working conditions and protection against occupational hazards。 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 an 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 an 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. (3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer。 or (4) Another major change in the objective economic circumstances relied upon 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) The Employee has menced drawing his basic old age insurance pension in accordance with the law。 (5) The employment contract is a fixed–term contract that ends pursuant to item (1) of Article 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。 (7) Other circumstances specified in laws or administrative statutes. Article 47An Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to an Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of an Employee is greater than three times the average monthly wage of employees in the Employer’s area as published by the People’s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. For the purposes of this Article, the term “monthly wage” means the Employee’s average monthly wage for the 12 months prior to the termination or ending of his employment contract. Article 48If an Employer terminates or ends an employment contract in viola
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