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Labor Standards Act(2015.12.16) Chinese

Article 9-1 An employer shall not make a after-resignation business strife limitation agreement with an employee unless the following requirements have been met:
1. The employer has proper business interests that require being protected.
2. The position or job of the employee entitles him or her to have access to or be able to use the employer’s trade secrets.
3. The period, area, scope of occupational activities and prospective employers with respect to the business strife limitation shall not exceed a reasonable range.
4. The employer shall reasonably compensate the employee concerned who does not engage in business strife activities for the losses incurred by him or her.
The reasonable compensation referred to in Subparagraph 4 of the preceding paragraph shall not include the remuneration received by the employee during employment.
Any agreement in violation of any of the provisions of Paragraph 1 shall be null and void.
The period of business strife limitation shall not exceed a maximum up to two years. If such a period is more than two years, then it shall be shortened to two years.

Article 10-1 When transferring an employee, an employer shall not violate the provisions of labor contract and shall also satisfy the following principles:
1. The employee shall be transferred based on the needs of business operation and without improper motives or purposes. Matters not provided for herein shall be governed by other applicable statutes.
2. The wages and other working conditions shall not be changed to be unfavorable to the employee concerned.
3. The employee shall still be able to satisfactorily perform the duties required in terms of physical ability and skills after the transfer.
4. The employer shall provide necessary assistance if the relocated workplace where is too far away for the employee concerned
5. The livelihood interests of the employee and his or her family shall be considered.

Article 15-1 An employer shall not make a minimum service period agreement with an employee unless one of the following requirements has been met:
1. The employer provides the employee with professional skills training at the employer’s expense.
2. The employer provides the employee with reasonable compensation to comply with the minimum service period agreement.
The minimum service period agreement referred to in the preceding paragraph shall be considered in terms of the following conditions and shall be limited in a reasonable range:
1. Period and costs of the professional skills training provided by the employer to the employee concerned.
2.Possibility of replacing the employee concerned by other employees engaging in the same or a similar job.
3.Amount and scope of the compensation provided by the employer to the employee concerned.
4.Other matters influencing the reasonableness of the minimum service period.
Any agreement in violation of the preceding two paragraphs shall be null and void.
If the labor contract is terminated prior to the completion of the minimum service period due to any cause not attributable to the employee concerned, he or she shall not be deemed as violating the minimum service period agreement and shall not be obligated to reimburse the training expenses.

Article 44 A worker over fifteen years old, but less than sixteen years old, shall be considered as a child worker.
No child worker and no worker less than eighteen years old shall be permitted to do work that is potentially dangerous or hazardous in nature.

Article 46 Employer of workers who are less than eighteen years old shall keep the letters of consent from the legal guardians and age certificates of such workers on file.