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2025-05-23 12:53本頁(yè)面
  

【正文】 ance with the employment contract.  Article 30  Employers 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 People39。s difficulties, to cause the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party39。s labor pensation during the term of service according to the normal wage adjustment mechanism.  Article 23  An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual property.  If a Employee has a confidentiality obligation, the Employer may agree with the Employee on petition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial pensation to the Employee on a monthly basis during the term of the petition restriction after the termination or ending of the employment contract. If the Employee breaches the petition restriction provisions, he shall pay liquidated damages to the Employer as stipulated.  Article 24  The personnel subject to petition restrictions shall be limited to the Employer39。s resident ID card or other papers, nor may it require him to provide security or collect property from him under some other guise.  Article 10  To establish an employment relationship, a written employment contract shall be concluded.  In the event that no written employment contract was concluded at the time of establishment of an employment relationship, a written employment contract shall be concluded within one month after the date on which the Employer starts using the Employee.  Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee, the employment relationship shall be established on the date on which the Employer starts using the Employee.  Article 11  In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him, and it is not clear what labor pensation was agreed upon with the Employee, the labor pensation of the new Employee shall be decided pursuant to the rate specified in the collective contract; where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work.  Article 12  Employment contracts are divided into fixedterm employment contracts, openended employment contracts and employment contracts to expire upon pletion of a certain job.  Article 13  A “fixedterm employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee.  An Employer and a Employee may conclude a fixedterm employment contract upon reaching a negotiated consensus.  Article 14  An “openended employment contract” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date.  An Employer and a Employee may conclude an openended employment contract upon reaching a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances, an openended employment contract shall be concluded, unless the Employee requests the conclusion of a fixedterm employment contract: ?。?) The Employee has been working for the Employer for a consecutive period of not less than 10 years;  (2) when his Employer introduces the employment contract system or the state owned enterprise that employs him reconcludes its employment contracts as a result of restructuring, the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age; or ?。?) prior to the renewal, a fixedterm employment contract was concluded on two consecutive occasions and the Employee is not characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof.  If an Employer fails to conclude a written employment contract with a Employee within one year from the date on which it starts using the Employee, the Employer and the Employee shall be deemed to have concluded an openended employment contract.  Article 15  An “employment contract with a term to expire upon pletion of a certain job” is an employment contract in which the Employer and the Employee have agreed that the pletion of a certain job is the term of the contract.  An Employer and a Employee may, upon reaching a negotiated consensus, conclude an employment contract with a term to expire upon pletion of a certain job.  Article 16  An employment contract shall bee effective when the Employer and the Employee have reached a negotiated consensus thereon and each of them has signed or sealed the text of such contract.  The Employer and the Employee shall each hold one copy of the employment contract.  Article 17  An employment contract shall specify the following matters: ?。?) The name, domicile and legal representative or main person in charge of the Employer;  (2) The name, domicile and number of the resident ID card or other valid identity document of the Employee; ?。?) The term of the employment contract; ?。?) The job des cription and the place of work; ?。?) Working hours, rest and leave;  (6) Labor pensation; ?。?) Social insurance;  (8) Labor protection, working conditions and protection against occupational hazards; and  (9) Other matters which laws and statutes require to be included in employment contracts.  In addition to the requisite terms mentioned above, an Employer and a Employee may a
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