Labor Contract Law 3

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Article 20 The wages paid to employees during their probation period shall not be less than the minimum wage level for the same position with the Employer or less than 80% of the wage agreed upon in the labor contract, and shall not be less than the minimum wage of the place where the Employer is located.

Article 21 An Employer shall not terminate the labor contract during the probation period unless the employee falls into any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law. If an Employer terminates a labor contract during the probation period, it shall explain the reasons to the employee.

Article 22 If an Employer is paying for a worker's special training expenses and providing him with professional technical training, it may enter into an agreement specifying a term of service with such employee.

If the employee breaches the agreed term of service, he shall pay liquidated damages to the Employer in accordance with the terms of the agreement. The amount of the liquidated damages shall not exceed the amount of the training allowance provided by the Employer. The amount of the liquidated damages required by the Employer shall not exceed the portion of the training allowance allocated to the unperformed portion of the term of service.
The agreement between an Employer and an employee on a term of service shall not affect the increment of the worker's labor compensation during the term of service in accordance with the normal wage adjustment mechanism.

Article 23 An Employer and an employee may include in their labor contract confidentiality provisions in respect of the Employer's trade secrets and other confidential matters with regard to intellectual property.

If an employee has a confidentiality obligation, the Employer may contract with the worker to include non-competition provisions in the labor contract or confidentiality agreement, and agree to pay financial compensation to the employee on a monthly basis during the non-competition period after the termination or revocation of the labor contract. If the employee breaches the non-competition provisions, he shall pay liquidated damages to the Employer in accordance with the stipulated terms.

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