【正文】 Page 10 of 30 (6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof。 (4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof。 (2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reached agreement thereon after consultations。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 (3) The Employee dies, or is declared dead or missing by a People’s Court。 (6) 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 union’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: (1) Its term expires。 (4) Is a female employee in her pregnancy, confinement or nursing period。 (2) Has been confirmed as having lost or partially lost his capacity to work due to an Page 9 of 30 occupational disease contracted or a workrelated injury sustained with the Employer。 (2) Who have concluded openended employment contracts 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 (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 enterprise’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: (1) Restructuring pursuant to the Enterprise Bankruptcy Law。 or (6) 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 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。 (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。 (2) Materially breaches the Employer’s rules and regulations。 (5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof。 (3) Fails to pay the social insurance premiums for the Employee in accordance with the law。 and the People’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 Page 7 of 30 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 days’ prior written notice to his Employer. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ 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。 (2) The Employer di