2024年1月16日发(作者：)
英文版劳动合同法 -
; Article 46
; In any of the following circumstances， the Employer shall
pay the Employee severance pay：
; （1） The employment contract is terminated by the Employee
pursuant to Article 38 hereof；
; （2） The employment contract is terminated after such
termination was proposed to the Employee by the Employer
pursuant to Article 36 hereof and the parties reached agreement
thereon after consultations；
; （3） The employment contract is terminated by the Employer
pursuant to Article 40 hereof；
; （4） The employment contract is terminated by the Employer
pursuant to the first paragraph of Article 41 hereof；
; （5） The employment contract is a fixed term contract that
ends pursuant to item （1） of
; Article 44 hereof， unless the Employee does not agree to
renew the contract even though the conditions offered by the
Employer are the same as or better than those stipulated in the
current contract；
; （6） The employment contract ends pursuant to item （4）
or （5） of Article 44 hereof；
; （7） Other circumstances specified in laws or administrative
statutes.
; Article 47
; A Employee shall be paid severance pay based on the number
of years worked with the Employer at the rate of one month’s wage
for each full year worked. Any period of not less than six months but
less than one year shall be counted as one year. The severance pay
payable to a Employee for any period of less than six months shall
be one-half of his monthly wages.
; If the monthly wage of a Employee is greater than three times
the average monthly wage of employees in the Employer’s area as
published by the People’s Government at the level of municipality
directly under the central government or municipality divided into
districts of the area1 where the Employer is located， the rate for the
severance pay paid to him shall be three times the average monthly
wage of employees and shall be for not more than 12 years of work.
; For the purposes of this Article， the term monthly wage
means the Employee’s average monthly wage for the 12 months
prior to the termination or ending of his employment contract.
; Article 48
; If an Employer terminates or ends an employment contract in
violation of this
; Law and the Employee demands continued performance of
such contract， the Employer shall continue performing the same. If
the Employee does not demand continued performance of the
employment contract or if continued performance of the
employment contract has become impossible， the Employer shall
pay damages pursuant to Article 87 hereof.
; Article 49
; The state will take measures to establish a comprehensive
system that enables Employees’ social insurance accounts to be
transferred from one region to another and to be continued in such
other region.
; Article 50
; At the time of termination or ending of an employment
contract， the Employer shall issue a proof of termination or ending
of the employment contract and， within 15 days， carry out the
procedures for the transfer of the Employee’s file and social
insurance account.
; The Employee shall carry out the procedures for the handover
of his work as agreed by the parties. If relevant provisions of this
Law require the Employer to pay severance pay， it shall pay the
same upon completion of the procedures for the handover of the
work.
; The Employer shall keep terminated or ended employment
contracts on file for not less than two years， for reference purposes.
; CHAPTER 5 SPECIAL PROVISIONS
