【正文】
Employer and the Employee shall be deemed to have concluded an openended employment contract. Article 15 An “employment contract with a term to expire on pletion of a certain job〞 is an employment contract in whi 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 on reaing a negotiated consensus conclude an employment contract with a term to expire on pletion of a certain job. Article 16 An employment contract shall bee effective when the Employer and the Employee have reaed a negotiated consensus thereon and ea of them has signed or sealed the text of su contract. The Employer and the Employee shall ea hold one copy of the employment contract. Article 17 An employment contract shall specify the following matters: 1〕 The name domicile and legal representative or main person in arge of the Employer; 2〕 The name domicile and number of the resident ID card or other valid identity document of the Employee; 3〕 The term of the employment contract; 4〕 The job des cription and the place of work; 5〕 Working hours rest and leave; 6〕 Labor pensation; 7〕 Social insurance; 8〕 Labor protection working conditions and protection against occational hazards; and 9〕 Other matters whi 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 su as probation period training confidentiality splementary insurance and benefits etc. Article 18 If 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; if there is no collective contract or the collective contract is silent on the issue of working conditions the relevant regulations of the state shall apply. Article 19 If an employment contract has a term of not less than three months but less than one year the probation period may not exceed one month; if an employment contract has a term of more than one year and less than three years the probation period may not exceed two months; and if an employment contract has a term of not less than three years or is openended the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee. No probation period may be specified in an employment contract with a term to expire on pletion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only then there is no probation period and the term concerned shall be the term of the employment contract. Article 20 The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed on in the employment contract and may not be less than the minimum wage rate in the place where the Employer is located. Article 21 An Employer may not terminate an employment contract during the probation period unless the Employee is aracterized by any of the circumstances set forth in Article 39 and items 1〕 and 2〕 of Article 40 hereof. If an Employer terminates an employment contract during the probation period it shall explain the reasons to the Employee. Article 22 If an Employer provides special funding for a Employee39。s Republic of ina “Employers〞〕 on the one hand and Employees in the People39。s senior management senior tenicians and other personnel with a confidentiality obligation. The scope territory and term of the petition restrictions shall be agreed on by the Employer and the Employee and su agreement shall not violate laws and regulations. The term counted from the termination or ending of the employment contract for whi a person as mentioned in the preceding paragraph is subject to petition restrictions in terms of his working for a peting Employer that produces the same type of products or is engaged in the same type of business as his current Employer or in terms of his establishing his own business to produce the same type of products or engage in the same type of business shall not exceed two years. Article 25 With the exception of the circumstances specified in Articles 22 and 23 hereof an Employer may not stipulate with a Employee provisions on the bearing of liquidated damages by the Employee. Article 26 An employment contract shall be invalid or partially invalid if: 1〕 A party uses su means as deception or coercion or takes advantage of the other party39。s rights and interests; 5〕 causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof; 6〕 Gives rise to another circumstance in whi laws or administrative statutes permit a Employee to terminate his employment contract. If an Employer uses violence threats or unlawful restriction of personal freedom to pel a Employee to work or if a Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations whi threaten his personal safety the Employee may terminate his employment contract forthwith without giving prior notice to the Employer. Article 39 An Employer may terminate an employment contract if the Employee: 1〕 Is proved during the probation period not to satisfy the conditions for employment; 2〕 Materially breaes the Employer39。s area as published by the Peop