【正文】 yment contracts. In addition to the requisite terms mentioned above, an Employer and a Employee may agree to stipulate other matters in the employment contract, such as probation period, training, confidentiality, supplementary insurance and benefits, etc. Article 18If a dispute arises due to the fact that the rate or standards for labor pensation or working conditions, etc. are not explicitly specified in the employment contract, the Employer and the Employee may renegotiate. If the negotiations are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor pensation, equal pay shall be given for equal work。 (7) Social insurance。 (5) Working hours, rest and leave。 (3) The term of the employment contract。 or (3) 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 15An “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 16An 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 17An employment contract shall specify the following matters: (1) The name, domicile and legal representative or main person in charge of the Employer。 where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work. Article 12Employment contracts are divided into fixedterm employment contracts, openended employment contracts and employment contracts to expire upon pletion of a certain job. Article 13A “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 14An “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: (1) The Employee has been working for the Employer for a consecutive period of not less than 10 years。s Congress on June 29, 2007Effective from January 1, 2008By Baker amp。LAW OF THE PEOPLE39。S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National People39。 MCKenzieCHAPTER 1 GENERAL PROVISIONS Article 1This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships. Article 2This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private nonenterprise units in the People’s Republic of China (“Employers”) on the one hand and Employees in the People’s Republic of China on the other hand. The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees with whom they establish employment relationships on the other hand, shall be handled pursuant to this Law.Article 3The conclusion of employment contracts shall ply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith. A lawfully concluded employment contract is binding, and both the Employer and the Employee shall perform their respective obligations stipulated therein. Article 4Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations. When an Employer formulates, revises or decides on rules and regulations, or material matters, that have a direct bearing on the immediate interests of its Employees, such as those concerning pensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota management, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and ments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a basis of equality. If, during the implementation of an Employer’s rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinio