【正文】 (5) The employment contract is a fixed–term contract that ends pursuant to item (1) of Article 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。 or (6) Another circumstance specified in laws or administrative statutes arises. Article 45If an employment contract expires and any of the circumstances specified in Article 42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 hereof shall be handled in accordance with state regulations on workrelated injury insurance.Article 46In any of the following circumstances, the Employer shall pay the Employee severance pay: (1) The employment contract is terminated by the Employee pursuant to Article 38 hereof。 (2) The Employee has menced drawing his basic old age insurance pension in accordance with the law。 (3) Has contracted an illness or sustained a nonworkrelated injury, and the set period of medical care therefore has not expired。 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: (1) Who have concluded with the Employer fixedterm employment contracts with a relatively long term。 (2) The Employee is inpetent and remains inpetent after training or adjustment of his position。 (3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer。 (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests。 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。 if there is no collective contract or the collective contract is silent on the issue of working conditions, the relevant regulations of the state shall apply. Article 19If an employment contract has a term of not less than three months but less than one year, the probation period may not exceed one month。 (6) Labor pensation。 (2) The name, domicile and number of the resident ID card or other valid identity document of the Employee。 MCKenzieCHAPTER 1 GENERAL PROVISIONS Article 1This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships. Article 2This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private nonenterprise units in the People’s Republic of China (“Employers”) on the one hand and Employees in the People’s Republic of China on the other hand. The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees with whom they establish employment relationships on the other hand, shall be handled pursuant to this Law.Article 3The conclusion of employment contracts shall ply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith. A lawfully concluded employment contract is binding, and both the Employer and the Employee shall perform their respective obligations stipulated therein. Article 4Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations. When an Employer formulates, revises or decides on rules and regulations, or material matters, that have a direct bearing on the immediate interests of its Employees, such as those concerning pensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota management, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and ments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a basis of equality.