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The terms and conditions for labor contracts shall be composed of both the
essential terms and conditions, and the agreed terms and conditions.
The essential terms and conditions include:
(1) The period of the labor contract which can be classified into three
types: fixed term, flexible term, and taking the completion of a specific amount
of work as a term;
(2) the contents of the work which covers the type of work, the position, the
production (work) assignments for the actual position, the work shifts, etc;
(3) employee protection and working conditions which cover employee security
and hygiene rules, the rules for protecting female employees and minority
employees, working hours, rest times, leave times, vacations, etc;
(4) the employee¡¯s remuneration which covers the wages, bonuses, subsidies,
and allowances;
(5) employee regulations which cover the rules, bylaws, labor disciplines of
the workplace organization (employer) and the procedures for execution
accordingly;
(6) the conditions for the termination of a labor contract, and
(7) the liabilities and legal responsibilities if the labor contract is
breached.
Besides the above essential terms and conditions in labor contracts, both
parties in a labor contract may, through negotiation, agree on terms and
conditions for the issues of: recruiting/staffing employees, the paid training
of employees, employees keeping confidential trade secrets accordingly, and the
stipulation of the rights and obligations of both parties in the labor contract;
however, such agreed terms and conditions shall not go against the relevant
laws, regulations, and rules.
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