【文章內(nèi)容簡介】 er and the Employee does not affect the raising of the Employee’s labor pensation during the term of service according to the normal wage adjustment mechanism. Article 23An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual property. If a Employee has a confidentiality obligation, the Employer may agree with the Employee on petition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial pensation to the Employee on a monthly basis during the term of the petition restriction after the termination or ending of the employment contract. If the Employee breaches the petition restriction provisions, he shall pay liquidated damages to the Employer as stipulated. Article 24The personnel subject to petition restrictions shall be limited to the Employer’s senior management, senior technicians and other personnel with a confidentiality obligation. The scope, territory and term of the petition restrictions shall be agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations. The term, counted from the termination or ending of the employment contract, for which 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 25With 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 26An employment contract shall be invalid or partially invalid if: (1) A party uses such means as deception or coercion, or takes advantage of the other party’s difficulties, to cause the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party’s true intent。 (2) The Employer disclaims its legal liability or denies the Employee his rights。 or (3) Mandatory provisions of laws or administrative statutes are violated. If the invalidity or partial invalidity of the employment contract is disputed, it shall be confirmed by a labor dispute arbitration institution or a People’s Court. Article 27If certain provisions of an employment contract are invalid and such invalidity does not affect the validity of the remaining provisions, the remaining provisions shall remain valid. Article 28If an employment contract is confirmed as invalid and the Employee has already performed labor, the Employer shall pay the Employee labor pensation. The amount of labor pensation shall be determined with reference to the labor pensation of Employees in the same or a similar position with the Employer. 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 labor 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 labor 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。 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 a 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 a 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. CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTSArticle 36An Employer and a Employee may terminate their employment contract if they so agree after consultations. Article 37A Employee may terminate his employment contract upon 30 days’ prior written notice to his Employer. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior notice. Article 38A Employee may terminate his employment contract if his Employer: (1) Fails to provide the labor protection or working conditions specified in the employment contract。 (2) Fails to pay labor pensation in full and on time。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。 (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s ri