【正文】
s employees, and the Employer. If the Employer does not yet have a Trade union, it shall 1 Translator39。 social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50 At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee39。s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. For the purposes of this Article, the term “monthly wage” means the Employee39。s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to a Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of a Employee is greater than three times the average monthly wage of employees in the Employer39。s opinions and notify the Trade union in writing as to the oute of its handling of the matter. Article 44 An employment contract shall end if: ?。?) Its term expires; ?。?) The Employee has menced drawing his basic old age insurance pension in accordance with the law; ?。?) The Employee dies, or is declared dead or missing by a People39。s wage in lieu of notice, if: ?。?) 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) The Employee is inpetent and remains inpetent after training or adjustment of his position; or (3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, the Employer and Employee are unable to reach agreement on amending the employment contract. Article 41 If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise39。s rules and regulations; ?。?) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer; (4) has additionally established an employment relationship with another Employer which materially affects the pletion of his tasks with the firstmentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer; ?。?) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof; or ?。?) Has his criminal liability pursued in accordance with the law. Article 40 An Employer may terminate an employment contract by giving the Employee himself 30 days39。 prior notice. Article 38 A Employee may terminate his employment contract if his Employer: (1) Fails to provide the labor protection or working conditions specified in the employment contract; ?。?) Fails to pay labor pensation in full and on time; ?。?) Fails to pay the social insurance premiums for the Employee in accordance with the law; ?。?) Has rules and regulations that violate laws or regulations, thereby harming the Employee39。s Court shall issue such order in accordance with the law. Article 31 Employers shall strictly implement the work quota standards and may not pel or in a disguised manner pel Employees to work overtime. If an Employer arranges for a Employee to work overtime, it shall pay him overtime pay in accordance with the relevant state regulations. Article 32 Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer. Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health. Article 33 Changes such a change in the name, legal representative or main person in charge of, or an (the) investor(s) in, an Employer shall not affect the performance of its employment contracts. Article 34 If an Employer is merged or divided, etc., its existing employment contracts shall remain valid and continue to be performed by the Employer(s) which succeeded to its rights and obligations Article 35 An Employer and a Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing. The Employer and the Employee shall each hold one copy of the amended employment contract. CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS Article 36 An Employer and a Employee may terminate their employment contract if they so agree after consultations. Article 37 A Employee may terminate his employment contract upon 30 days39。s Court. Article 27 If 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 28 If 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 CONTRACTS Article 29 The Employer and the Employee shall each fully perform its/his obligations in accord