a work-related injury or occupational disease or when, at the
end of the period of treatment, the labour assessment committee
verifies that the employee has partly or completely lost his ability to
work;
(3) when a woman employee who is following family planning
measures is pregnant or on maternity or nursing leave;
(4) when the labour contract term has yet to expire and the
provisions of Article 12 are not met.
@@ Article 15. An employee may dissolve a labour contract in any
of the following instances:
(1) when safety and health conditions of the enterprise are verified
by the relevant State departments as being poor and present a
serious danger to the health of employees;
(2) when the enterprise fails to pay labour remuneration in
accordance with the provisions of the labour contract;
(3) when the enterprise fails to fulfil the labour contract or
violates relevant State laws and statutory regulations and
infringes on the legal rights and interests of its employees;
(4) when, for special reasons, the employee wishes to resign and
receives the approval of the joint enterprise.
@@ Article 16. If either party to a labour contract wishes to
dissolve the contract, dissolution procedures may be undertaken only
after the opinion of the enterprise trade union has been sought and
the other party has been notified one month in advance.
If either party violates the contract, resulting in economic losses
for the other party, compensation shall be paid in
accordance with the circumstances of the loss and the degree of
responsibility.
@@ Article 17. A joint enterprise shall pay a Chinese employee
whose contract terminates or who is dismissed in accordance with the
provisions of items (2), (4) or (5) of Article 12 or who resigns in
accordance with the provisions of (1), (2) or (3) of Article 15, a
living allowance based on length of service with the enterprise. If
the length of service is less than one year, an amount equivalent to
the real wage of the individual for a half month shall be paid. If
the length of service exceeds one year, an amount equivalent to one
month's real wage shall be paid for each year of service, but the
maximum amount shall not exceed the real wage of the individual
over 12 months.
If a Chinese employee is dismissed in accordance with the
provisions of item (2) of Article 12, a medical treatment
subsidy equivalent to the individual's real wage for between three
and six months shall be issued in addition to a living allowance.
If a Chinese employee is dismissed in accordance with the
provisions of item (4) of Article 12, retirement compensation
equivalent to the individual's real wage for between three and six
months shall be issued 上一页 [1] [2] [3] [4] [5] 下一页
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