remuneration, labour insurance and welfare benefits;
(4) production and work terms and conditions and labour protection;
(5) labour discipline, awards and penalties, dismissal and
resignation provisions;
(6) obligations to be borne by a violator of the labour contract;
(7) provisions on other matters that both parties deem necessary.
A labour contract shall take legal effect from the date of its
signing and both parties shall conscientiously undertake its
implementation. If one signatory requires amendments to be made to
the contract, agreement from both parties shall first be achieved
through consultation. A contract may be extended on its expiry, subject
to the approval of both parties.
The official text of a labour contract shall be filed with the
department in charge of the enterprise, the Shanghai Municipal
Labour Bureau, the Shanghai Municipal Personnel Bureau and the
ShangHai Municipal Federation of Trade Unions. The above mentioned
departments may separately supervise and inspect the implementation of
the contract.
@@ Article 11. A system of providing a labour manual for Chinese
employees of a joint enterprise shall be established. The labour
manual shall be evidence of a person's employment and shall be
used as authorisation to receive unemployment insurance, retirement
insurance and to re-register for employment.
@@ Article 12. A foreign enterprise may dissolve a labour
contract and dismiss an employee in any of the following instances:
(1) when, during the probationary period, it is found that the
standards required for employment are not met;
(2) when the employee is unable to continue in his original work
position after the expiry of the stipulated period of medical
treatment for an employee who has an illness or non work-related injury;
(3) when dismissal is required under the provisions of the labour
contract in the case of an employee who seriously violates labour
discipline;
(4) when there is a surplus of personnel due to changes in
production and technical conditions;
(5) when the enterprise declares itself to be dissolved or the
joint venture term expires.
@@ Article 13. The labour contract shall terminate automatically in
cases such as the name of an employee being removed from the
enterprise's list of employees, dismissal, labour re-education or a
criminal sentence.
@@ Article 14. A foreign enterprise shall not be permitted to
dissolve a labour contract or dismiss an employee in any of the
following instances:
(1) when the employee suffers from and illness or non work-related
injury for which medical treatment is allowed within a stipulated
period;
(2) when the employee is undergoing medical treatment or convalescing
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