Article 20 The term of a labor contract shall be divided into fixed term,
flexible term or taking the completion of a specific amount of work as a
term.
In case a laborer has kept working in a same employing unit for ten
years or more and the parties involved agree to extend the term of the labor
contract, a labor contract with a flexible term shall be concluded between them
if the laborer so requested.
Article 21 A probation period may be agreed upon in a labor contract. The
longest probation period shall not exceed six months.
Article 22 The parties involved in a labor contract may reach an agreement in
their labor contract on matters concerning keeping the commercial secrets of the
employing unit.
Article 23 A labor contract shall terminate upon the expiration of its term
or the emergence of the conditions for the termination of the labor contract as
agreed upon by the parties involved.
Article 24 A labor contract may be revoked upon agreement reached between the
parties involved through consultation.
Article 25 The employing unit may revoke the labor contract with a laborer in
any of the following circumstances:
(1) to be proved not up to the
requirements for recruitment during the probation period;
(2) to seriously
violate labor disciplines or the rules and regulations of the employing
unit;
(3) to cause great losses to the employing unit due to serious
dereliction of duty or engagement in malpractice for selfish ends; and
(4) to
be investigated for criminal responsibilities in accordance with the law.
Article 26 In any of the following circumstances, the employing unit may
revoke a labor contract but a written notification shall be given to the laborer
30 days in advance:
(1) where a laborer is unable to take up his original
work or any new work arranged by the employing unit after the completion of his
medical treatment for illness or injury not suffered from at work;
(2) where
a laborer is unqualified for his work and remains unqualified even after
receiving a training or an adjustment to an other work post; and
(3) no
agreement on modification of the labor contract can be reached through
consultation by the parties involved when the objective conditions taken as the
basis for the conclusion of the contract have greatly changed so that the
original labor contract can no longer be carried out.
Article 27 During the period of statutory consolidation when the employing
unit comes to the brink of bankruptcy or runs deep into difficulties in
production and management, and if reduction of its personnel becomes really
necessary, the unit may make such reduction after it has explained the situation
to the trade union or all of its staff and workers 30 days in advance, solicited
opinions from them and reported to the labor administrative department.
Where
the employing unit is to recruit personnel six months after the personnel
reduction 3/11 effected according to the stipulations of this Article, the
reduced personnel shall have the priority to be re-employed.
Article 28 The employing unit shall make economic compensations in accordance
with the relevant provisions of the State if it revokes its labor contracts
according to the stipulations in Article 24,
Article 26 and Article 27 of this Law.
Article 29 The employing unit shall not revoke its labor contract with a
laborer in accordance with the stipulations in Article 26 and Article 27 of this
Law in any of the following circumstances:
(1) to be confirmed to have
totally or partially lost the ability to work due to occupational diseases or
injuries suffered from at work;
(2) to be receiving medical treatment for
diseases or injuries within the prescribed period of time;
(3) to be a female
staff member or worker during pregnant, puerperal, or breast-feeding period;
or
(4) other circumstances stipulated by laws, administrative rules and
regulations.
Article 30 The trade union of an employing unit shall have the right to air
its opinions if it regards as inappropriate the revocation of a labor contract
by the unit. If the employing unit violates laws, rules and regulations or labor
contracts, the trade union shall have the right to request for
reconsideration.
Where the laborer applies for arbitration or brings in a
lawsuit, the trade union shall render him support and assistance in accordance
with the law.
Article 31 A laborer who intends to revoke his labor contract shall give a
written notice to the employing unit 30 days in advance.
Article 32 A laborer may notify at any time the employing unit of his
decision to revoke the labor contract in any of the following
circumstances:
(1) within the probation period;
(2) where the employing
unit forces the laborer to work by resorting to violence, intimidation or
illegal restriction of personal freedom; or
(3) failure on the part of the
employing unit to pay labor remuneration or to provide working conditions as
agreed upon in the labor contract.
Article 33 The staff and workers of an enterprise as one party may conclude a
collective contract with the enterprise on matters relating to labor
remuneration, working hours, rest and vacations, occupational safety and health,
and insurance and welfare. The draft collective contract shall be submitted to
the congress of the staff and workers or to all the staff and workers for
discussion and adoption.
A collective contract shall be concluded by the
trade union on behalf of the staff and workers with the enterprise; in an
enterprise where the trade union has not yet been set up, such contract shall be
also concluded by the representatives elected by the staff and workers with the
enterprise.
Article 34 A collective contract shall be submitted to the labor
administrative department after its conclusion. The collective contract shall go
into effect automatically if no objections are raised by the labor
administrative department within 15 days from the date of the receipt of a copy
of the contract.
Article 35 Collective contracts concluded in accordance with the law shall
have binding force to both the enterprise and all of its staff and workers. The
standards on working conditions and labor payments agreed upon in labor
contracts concluded between individual laborers and the enterprise shall not be
lower than those as stipulated in collective contracts.
Chapter IV Working Hours, Rest and Vacations
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