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2025-05-26 12:53本頁面
  

【正文】 gree to stipulate other matters in the employment contract, such as probation period, training, confidentiality, supplementary insurance and benefits, etc.  Article 18  If 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; if there is no collective contract or the collective contract is silent on the issue of working conditions, the relevant regulations of the state shall apply.  Article 19  If an employment contract has a term of not less than three months but less than one year, the probation period may not exceed one month; if an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months; 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 20  The 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 21  An 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 22  If an Employer provides special funding for a Employee39。s Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a prehensive tripartite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships.  Article 6  A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in order to safeguard the lawful rights and interests of Employees.  CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTS  Article 7  An Employer39。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 3  The 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 4  Employers 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 Employer39。LAW OF THE PEOPLE′S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS  Adopted at the 28th Session of the Standing Committee of the 10th National People′s Congress on June 29,2007  Effective from January 1, 2008  CHAPTER 1 GENERAL PROVISIONS  Article 1  This 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 2  This 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 People39。s Republic of China (“Employers”) on the one hand and Employees in the People39。s rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to municate such opinion to the Employer, and the rule, regulation or decision shall be improved by making amendments after consultations.  Rules and regulations, and decisions on material matters, that have a direc
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