【正文】 nd is less than 5 years away from his legal retirement age。 (3) Has contracted an illness or sustained a nonworkrelated injury, and the set period of medical care therefore has not expired。 or (3) 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 42An Employer may not terminate an employment contract pursuant to Article 40 or Article 41 hereof if the Employee: (1) 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。 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) Serious difficulties in production and/or business operations。 (2) The Employee is inpetent and remains inpetent after training or adjustment of his position。 (5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof。 (3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer。 (6) 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 39An Employer may terminate an employment contract if the Employee: (1) Is proved during the probation period not to satisfy the conditions for employment。 (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests。 (2) Fails to pay labor pensation in full and on time。 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。 and if an employment contract has a term of not less than three years or is openended, the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee.No probation period may be specified in an employment contract with a term to expire upon pletion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract. Article 20The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located. Article 21An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee. Article 22If an Employer provides special funding for a Employee’s training and gives him professional technical training, it may conclude an agreement specifying a term of service with such Employee. If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service. The reaching of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee’s labor pensation dur