1. If an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months.
2. An open-ended employment contract shall be concluded in any of the following circumstances, unless the employee requests the conclusion of a fixed-term employment contract:
(1) The employee has been working for the employer for a consecutive period of not less than 10 years;
(2) Prior to the renewal, a fixed-term employment contract was concluded on two consecutive occasions.
(3) If an Employer fails to conclude a written employment contract with an employee within one year from the date on which it starts using the Employee.
3. If the employer agrees with the Employee on competition restriction provisions in the employment contract or confidentiality agreement, the employer shall pay financial compensation to the employee on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract.
4. The non-competition covenant shall not be effective unless employer pays the concerned employee compensation on the monthly basis for the duration of the non competition period.
5. The annual leave shall be five days for employees who have accumulatively worked for 1-10 year(s); 10 days for employees who have accumulatively worked 10-20 years; and 15 days for employees who have accumulatively worked for 20 years or more. The annual leave shall be additional to legal holidays and rest days in accordance with Regulations on Paid Annual Leave for Employees?
6. The employer can adopt the irregular work hours system towards the following positions:
(1) Senior executives, outworkers, salesman and other employees whose work time can not be measured according to the standard work time system.
(2) Line-haul, taxi-drivers, and stevedores who should work in the flexible time.
|