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What are the essential terms and conditions for labor contracts?
(02/20/2008)

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.