【正文】 (2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reached agreement thereon after consultations。 or (3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, the Employer and Employee are unable to reach agreement on amending the employment contract. Article 41If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise’s employees, the Employer may reduce the workforce after it has explained the circumstances to its Labor Union or to all of its employees 30 days in advance, has considered the opinions of the Labor Union or the employees and has subsequently reported the workforce reduction plan to the labor administration department: (1) Restructuring pursuant to the Enterprise Bankruptcy Law。 (2) The Employer disclaims its legal liability or denies the Employee his rights。 CHAPTER 8 SUPPLEMENTARY PROVISIONS Adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress on June 29, 2007Effective from January 1, 2008Unofficial Translation Prepared by Baker amp。 SECTION 2 PLACEMENt 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 19If 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。 (5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof。 (4) The Employer is declared bankrupt。 (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。 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。 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. (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。 CHAPTER 5 SPECIAL PROVISIONS (7) Social insurance。 (2) Materially breaches the Employer’s rules and regulations。 (6) Finds himself in other circumstances stipulated in laws or administrative statutes. Article 43When an Employer is to terminate an employment contract unilaterally, it shall give the Labor Union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Labor Union has the right to demand that the Employer rectify the matter. The Employer shall study the Labor Union’s opinions and notify the Labor Union in writing as to the oute of its handling of the matter.Article 44An employment contract shall end if: (1) Its term expires。CHAPTER 5 SPECIAL PROVISIONS (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。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。 (3) The term of the employment contract。 (4) The job description and the place of work。 (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests。 (3) Has contracted an illness or sustained a nonworkrelated injury, and the set period of medical care therefore has not expired。SECTION 1 COLLECTIVE CONTRACT (5) Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age。 (6) Gives rise to another circumstance in which laws