【正文】 provisions in Article 38 of this Law。(2)The employing unit proposes revocation of the labor contract to the worker pursuant to the provisions in Article 36 of this Law and the parties reach an agreement thereon through consultation。(3)The employing unit revokes the labor contract pursuant to the provisions in Article 40 of this Law。(4)The employing unit revokes the labor contract pursuant to the provisions in the first paragraph of Article 41 of this Law。(5)The fixedterm labor contract is terminated pursuant to the provisions in Subparagraph(1)of Article 44 of this Law, except that the worker does not agree to renew the contract even though the employing unit maintains the same conditions as, or offers better conditions than, the ones stipulated in the previous contract。(6)The labor contract is terminated pursuant to the provisions of Subparagraph(4)or(5)of Article 44 of this Law。or(7)Under any other circumstances provided for by laws or administrative 47 Financial pensation shall be paid on the basis of the number of years a person works in a unit, the rate being one month’s salary for the work of one full he has worked for six months or more but less than one year, the time shall be calculated as one year。and if he has worked for less than six months, he shall be paid half of his monthly salary as financial the monthly salary of a worker is three times the average monthly salary of the workers of the region for the previous year, which is published by the people’s government of the municipality directly under the Central Government or by that of the city divided into districts where the employing unit is located, the rate for his financial pensation payable shall be three times the average monthly salary of the workers, and the number of years involved shall not exceed 12 the purposes of this Article, the monthly salary means the average of a given worker’s monthly salary for the 12 months prior to the revocation or termination of the labor 48 Where an employing unit revokes or terminates a labor contract in violation of the provisions of this Law and the worker involved demands continued performance of the contract, the employing unit shall continue performing the the worker does not demand so or if it bees impossible for continued performance of the labor contract, the employing unit shall pay pensation pursuant to the provisions in Article 87 of this 49 The State takes measures to establish and improve an interregional system to ensure that a worker’s social insurance account is continued when he is transferred to another 50 An employing unit shall issue a certificate of revocation or termination of the labor contract at the time of its revocation or termination and shall, within 15 days, undergo the formalities for the transfer of the worker’s personal file and social insurance worker shall hand over the matters related to his work as agreed upon by both the employing unit needs to pay financial pensation to the worker according to the relevant provisions of this Law, it shall make such payment upon pletion of the procedure for handover of the workrelated employing unit shall keep the copy of a revoked or terminated labor contract for at least two years for V Special Provisions Section 1 A Collective Contract Article 51 The employees of an enterprise as one party and the employing unit as the another may, through negotiation on an equal basis, conclude a collective contract on matters relating to labor remuneration, working hours, rest and vocation, occupational safety and health, insurance, welfare benefits, draft collective contract shall be submitted to the worker’s congress or to all the employees for discussion and collective contract shall be concluded by the trade union on behalf of the employees of the enterprise with the employing an enterprise where a trade union has not yet been set up, such a contract shall be concluded with the employing unit by the representatives elected by the workers under the guidance of the trade union at a higher 52 The employees of an enterprise as one party may conclude special collective contracts with the employing unit in respect of occupational safety and health, protection of the rights and interests of female employees, wage adjustment mechanism, 53 In regions at or below the county level, industrywide or regionwide collective contracts may be concluded between the trade unions and the representatives of the enterprises engaging in such industries as construction, mining and catering 54 After conclusion, a collective contract shall be submitted to the administrative department of labor and it shall bee valid if the department raises no objection within 15 days from the date it receives the text of the labor collective contract concluded in accordance with law is binding on the employing unit and the industrywide or regionwide collective contract is binding on the employing units and the workers engaged in a given local industry or a given 55 The rates for labor remuneration and the standards for working conditions, in a collective contract shall not be lower than the minimum rates and standards prescribed by the local People’s rates for labor remuneration and standards for working conditions, in the labor contract between an employing unit and a worker shall not be lower than those stipulated in the collective 56 Where an employing unit breaches the collective contract and infringes upon the labor rights and interests of the workers, the trade union concerned may, in accordance with law, demand that the employing unit assume a dispute arise over the performance of the collective contract and cannot be resolved through consultation, the trade union may apply for arbitration or bring a lawsuit in accordance with 2 Labor Dispatch Article 57 A labordispatching unit shall be established in accordance with the relevant provisions in the Companies Law, and its registered capital shall be not less than RMB 500