【正文】 CHAPTER 5 SPECIAL PROVISIONS (4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 (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。 (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) The enterprise switches production, introduces a major technological innovation or revises its business method, and, after amendment of employment contracts, still needs to reduce its workforce。 or (6) Has his criminal liability pursued in accordance with the law. Article 40An Employer may terminate an employment contract by giving the Employee himself 30 days’ prior written notice, or one month’s wage in lieu of notice, if: (1) after the set period of medical care for an illness or nonworkrelated injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer。 (2) Materially breaches the Employer’s rules and regulations。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。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 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 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。 if an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months。 (7) Social insurance。 (3) The term of the employment 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 12Employment contracts are divided into fixedterm employment contracts, openended employment contracts and employment contracts to expire upon pletion of a certain job. Article 13A “fixedterm employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee. An Employer and an Employee may conclude a fixedterm employment contract upon reaching a negotiated consensus. Article 14An “openended employment contract” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date. An Employer and an Employee may conclude an openended employment contract upon reaching a negotiated consensus. If an 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。 CHAPTER 6 MONITORING INSPECTIONS CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTSEMPLOYMENT CONTRACT LAW OF CHINA CHAPTER 5 SPECIAL PROVISIONS CHAPTER 7 LEGAL LIABILITY (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。 (4) The job description and the place of work。 (8) Labor protection, working conditions and protection against occupational hazards。 and if an employment contract has a term of not less than three years or is openended, the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee.No probation period may be specified in an employment contract with a term to expire upon pletion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract. Article 20The wages of an Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located. Article 21An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee. Article 22If an Employer provides special funding for an Employee’s training and gives him professional technical training, it may conclude an agreement specifying a term of service