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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.