【文章內容簡介】 er as 24 The personnel subject to petition restrictions shall be limited to the Employer’s senior management, senior technicians and other personnel with a confidentiality 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 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 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 26 An 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 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 27 If 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 28 If an employment contract is confirmed as invalid and the Employee has already performed labor, the Employer shall pay the Employee labor amount of labor pensation shall be determined with reference to the labor pensation of Employees in the same or a similar position with the 3 PERFORMANCE AND AMENDMENT OF EMPLOYMENT CONTRACTS Article 29 The Employer and the Employee shall each fully perform its/his obligations in accordance with the employment 30 Employers shall pay their Employees labor pensation on time and in full in accordance with the employment contracts and state 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’sCourt for an order to pay。and the People’s Court shall issue such order in accordance with the 31 Employers shall strictly implement the work quota standards and may not pel or in a disguised manner pel Employees to work an Employer arranges for a Employee to work overtime, it shall pay him overtime pay in accordance with the relevant state 32 Employees 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 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 33 Changes 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 34 If 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 35 An Employer and a Employee may amend the provisions of their employment contract if they so agree after to an employment contract shall be made in Employer and the Employee shall each hold one copy of the amended employment 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS Article 36 An Employer and a Employee may terminate their employment contract if they so agree after 37 A Employee may terminate his employment contract upon 30 days’ prior written notice to his his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior 38 A 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 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 which laws or administrative statutes permit a Employee to terminate his employment 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 which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the 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 breaches the Employer’s rules and regulations。(3)Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer。(4)has additionally established an employment relationship with another Employer which materially affects the pletion of his tasks with the firstmentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer。(5)causes the employment contract to be invalid due to the circumstance specified in item(1)of the first pa