【正文】
The criteria for labor pensation, working conditions, etc. as stipulated in a collective contract shall not be lower than the minimum criteria prescribed by the local people’s government。After consultation on an equal basis, enterprise employees, as one party, and their Employer may conclude a collective contract on su 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 labor union, representing the enterprise employee, and the Employer. If the Employer has yet to establish a labor union, it shall conclude the contract with a representative nominated by the employees under the guidance of the labor union at the next higher level. Article 52At the time of revocation or termination of a labor contract, the Employer shall issue a certificate of revocation or termination of the labor contract and conduct, within 15 days, the procedures for the transfer of the employee’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 the worker financial pensation, it shall do so on pletion of the procedures for the handover of the work. The Employer shall have the revoked or terminated labor contracts on file for at least two years, for reference purposes. apter V other circumstances stipulated by laws or administrative regulations. Article 47the labor contract is a fixed term contract that terminates in accordance with item (1) of Article 44 hereof, save where the employee refuses to renew the labor contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。the labor contract is terminated by the Employer in accordance with Article 40 hereof。the labor contract is terminated by the employee in accordance with Article 38 hereof。 or(6)(4)(2)falls into any other circumstances stipulated by laws or administrative regulations.Article 43 in her pregnancy, confinement or nursing period。(3)is engaged in operations that would expose him to occational disease hazards and has not undergone a occational health eck before leaving work, or is suspected of having contracted an occational disease and is being diagnosedwho have concluded an openended labor contract with the Employer。 or(4)(2)Article 41(2) or(6) (4)(2) or(6)(4)(2)An Employer and an employee may terminate their labor contrast if they so agree after consultation.Article 37In the event of a consolidation or division, etc., the original labor contracts shall continue to be valid and performed by the Employer(s) whi succeeded to the rights and obligations of the original Employer.Employers shall pay their employees labor pensation on time and in full in accordance with the labor contract and state regulations.An employee may, in accordance with the law, apply for an order to pay at the local People’s Court in the event that the Employer fails to pay his labor pensation on time or in full, and the People’s Court shall issue su order in accordance with the law. Article 31 The partial invalidity of the labor contract shall not affect the validity of the remaining part of the contract, the remaining provisions shall continue to be valid. Article 28 or(3)through fraud, coercion or exploitation of the other party’s disadvantageous position, a party causes the other party to conclude or amend the labor contractThe personnel subject to nonpetition obligations shall be limited to the Employer’s senior management, senior tenicians and other individuals with confidentiality obligations. The scope, geographical limitations and term of the nonpetition obligations shall be agreed on by the Employer and the employee, and they shall not violate any laws and regulations. After the revocation or termination of a labor contract, the nonpetition period for any of the persons mentioned in the preceding paragraph in terms of his working for a peting Employer that produces or deals with the same type of products or engages in the same type of business, or in terms of his setting his own business to produce or deal with the same type of products or to engage in the same type of business, shall not exceed two years. Article 25 The probation period shall not apply to labor contracts with a term of less than three months or to labor contracts that terminate on the pletion of a certain task. The probation period shall form part of the term of the labor contract. If a labor contract merely contains a probation period, su probation period shall be rendered void and be deemed as the term of the labor contract. if there is no collective contract or the collective contract is silent on the standards for working conditions or other matters, the relevant regulations of the State shall apply.Article 19 and(9) (7)(5)(3)A labor contract shall include the following items:(1) or(3)(1) where there is no collective contract or the collective contract is silent on the matter, the principle of equal pay for equal work shall apply. Article 12 the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9 The employment relationship between an Employer and an employee shall mence on the date the employee mences work. The Employer shall keep a register of employees, for future reference.The labor administration authorities of the People’s Governments at the county level and above shall, together with labor unions and enterprise representatives, establish a prehensive tripartite meani for the coordinatio