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Labor Law of the People's Republic of China
| Article 19 A labour contract shall be concluded in written
form and contain the following Clauses: term of a labour contract; contents of work; labour protection and working conditions labour remuneration; labour discipline; conditions for the termination of a labour contract; and responsibility for the violation of a labour contract. Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved. Article 20 The term of a labour 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 labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested. Article 21 A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months. Article 22 The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping he commercial secrets of the employing unit. Article 23 A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved. Article 24 A labour contract may be revoked upon agreement reached between the parties involved through consultation. Article 25 The employing unit may revoke the labour contract with a labourer in any of the following circumstances: to be proved not up to the requirements for recruitment during the probation period; to seriously violate labour disciplines or the rules and regulations of the employing units; to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and 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 labour contract but a written notification shall be given to the labourer 30 days in advance: where a labourer 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 at work; where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post; and no agreement on modification of the labour 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 labour contract can no longer be carried out. |
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