【正文】 s file and social insurance account.　　The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay， it shall pay the same upon pletion of the procedures for the handover of the work.　　The Employer shall keep terminated or ended employment contracts on file for not less than two years， for reference purposes.　　CHAPTER 5 SPECIAL PROVISIONS　　SECTION 1 COLLECTIVE CONTRACT　　Article 51　　After bargaining on an equal basis， enterprise employees， as one party， and their Employer may conclude a collective contract on such matters as labor pensation， working hours， rest， leave， work safety and hygiene， insurance， benefits， etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval.　　A collective contract shall be concluded by the Trade union， on behalf of the enterprise39。s area as published by the People39。s employees， the Employer may reduce the workforce after it has explained the circumstances to its Trade union or to all of its employees 30 days in advance， has considered the opinions of the Trade union or the employees and has subsequently reported the workforce reduction plan to the labor administration department：　?。?） Restructuring pursuant to the Enterprise Bankruptcy Law；　?。?） Serious difficulties in production and/or business operations；　?。?） 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　　（4） Another major change in the objective economic circumstances relied upon at the time of conclusion of the employment contracts， rendering them unperformable.　　When reducing the workforce， the Employer shall retain with priority persons：　?。?） Who have concluded with the Employer fixedterm employment contracts with a relatively long term；　?。?） Who have concluded openended employment contracts with the Employer； or　?。?） Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide.　　If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months， it shall give notice to the persons dismissed at the time of the reduction and， all things being equal， hire them on a preferential basis.　　Article 42　　An Employer may not terminate an employment contract pursuant to Article　　40 or Article 41 hereof if the Employee：　?。?） is engaged in operations exposing him to occupational disease hazards and has not undergone a predeparture occupational health checkup， or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation；　?。?） 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；　?。?） Has contracted an illness or sustained a nonworkrelated injury， and the set period of medical care therefore has not expired；　?。?） Is a female employee in her pregnancy， confinement or nursing period；　?。?） Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age；　?。?） Finds himself in other circumstances stipulated in laws or administrative statutes.　　Article 43　　When an Employer is to terminate an employment contract unilaterally， it shall give the Trade union advance notice of the reason therefore. If the Employer violates laws， administrative statutes or the employment contract， the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union39。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；　?。?） Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract.　　If 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 Employer.　　Article 39　　An Employer may terminate an employment contract if the Employee：　?。?） Is proved during the probation period not to satisfy the conditions for employment；　?。?） Materially breaches the Employer39。s　　Court for an order to pay； and the People39。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 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：　?。?） A party uses such means as deception or coercion， or takes advantage of the other party39。s employment relationshi