【正文】 s area as published by 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 resident ID card or other papers nor may it require him to provide security or collect property from him under some other guise.　　Article 10　　To establish an employment relationship a written employment contract shall be concluded.　　In the event that no written employment contract was concluded at the time of establishment of an employment relationship a written employment contract shall be concluded within one month after the date on whi the Employer starts using the Employee.　　Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee the employment relationship shall be established on the date on whi the Employer starts using the Employee.　　Article 11　　In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him and it is not clear what labor pensation was agreed on with the Employee the labor pensation of the new Employee shall be decided pursuant to the rate specified in the collective contract； where there is no collective contract or the collective contract is silent on the matter equal pay shall be given for equal work.　　Article 12　　Employment contracts are divided into fixedterm employment contracts openended employment contracts and employment contracts to expire on pletion of a certain job.　　Article 13　　A “fixedterm employment contract〞 is an employment contract whose ending date is agreed on by the Employer and the Employee.　　An Employer and a Employee may conclude a fixedterm employment contract on reaing a negotiated consensus.　　Article 14　　An “openended employment contract〞 is an employment contract for whi 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 on reaing 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 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；　　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； or　　3〕 prior to the renewal a fixedterm employment contract was concluded on two consecutive occasions and the Employee is not aracterized by any of the circumstances set forth in Article 39 and items 1〕 and 2〕 of Article 40 hereof.　　If an Employer fails to conclude a written employment contract with a Employee within one year from the date on whi it starts using the Employee the 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 th