| 1. | Unless the aforesaid circumstances , where an employee ' s labor contract expires within his medical treatment period , the enterprise could not terminate the labor contract 除非上述的几种情况,员工在医疗期内,劳动合同期限届满时,企业不得终止劳动合同。 |
| 2. | Such practices as reducing remuneration package , invalidating or terminating the labor contract due to the laborer ' s exercise of legal rights are deemed invalid 因劳动者依法行使正当权利而降低其工资、福利等待遇或者解除、终止与其订立的劳动合同的,其行为无效。 |
| 3. | It shall be prohibited from reducing workers ' wages , welfares or other benefits , or rescinding or terminating the labor contracts concluded with the workers because the workers exercise their legitimate rights according to law 禁止因劳动者依法行使正当权利而降低其工资、福利等待遇或者解除、终止与其订立的劳动合同。 |
| 4. | Whereas an employee asks to terminate the labor contract due to occupational disease or becoming disabled because of work the enterprise should pay the social insurance agency the reemployment settlement fee for those who becoming disabled because of work in accordance with the stipulations of the local government 因患职业病或因工致残的职工,若本人要求解除劳动合同,企业应按当地政府规定,向社会保险机构缴纳因工致残就业安置费。 |
| 5. | Article 13 the employer cannot terminate the labor contract when an employee is certified of losing or partly losing work ability due to occupational disease or injury at post , or in regular medical treatment for illness or an woman employee is pregnant or is enjoying maternity and lactation 第十三条职工患职业病或因工负伤并被确认丧失或部分丧失劳动能力的,职工患病在规定的医疗期内的,女职工在孕期、产期、哺乳期内的,用人单位不得解除劳动合同。 |
| 6. | Article 33 the employing units shall organize their workers engaging in the operations in which toxic substances are used to receive post - leaving occupational health examinations , and shall not rescind or terminate the labor contracts concluded with the workers who have not received the post - leaving occupational health examinations 第三十三条用人单位应当对从事使用有毒物品作业的劳动者进行离岗时的职业健康检查;对离岗时未进行职业健康检查的劳动者,不得解除或者终止与其订立的劳动合同。 |
| 7. | No organizations or individuals shall obstruct or restrict the workers and staff members to join and organize trade union according to law with the reason of their household , employ obtaining term and form etc , or by the measures of terminating the labor contract and employ contract , reducing the salary , or refusing social insurance 任何组织和个人不得以职工户籍、就业期限、就业形式等理由,也不得以解除劳动合同或者聘用合同、降低工资、不缴纳社会保险费等手段,阻挠和限制职工依法参加和组织工会。 |