（三）严重失职，营私舞弊，对用人单位利益造成重大损害的；
to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends;
（四）被依法追究刑事责任的。
and to be investigated for criminal responsibilities in accordance with the law.
第二十六条 有下列情形之一的，用人单位可以解除劳动合同，但是应当提前三十日以书面形式通知劳动者本人：
Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance:
（一）劳动者患病或者非因工负伤，医疗期满后，不能从事原工作也不能从事由用人单位另行安排的工作的；
where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;
（二）劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的；
where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post;
（三）劳动合同订立时所依据的客观情况发生重大变化，致使原劳动合同无法履行，经当事人协商不能就变更劳动合同达成协议的。
and no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out.
第二十七条 用人单位濒临破产进行法定整顿期间或者生产经营状况发生严重困难，确需裁减人员的，应当提前三十日向工会或者全体职工说明情况，听取工会或者职工的意见，经向劳动行政部门报告后，可以裁减人员。
Article 27 During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs deep into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.
用人单位依据本条规定裁减人员，在六个月内录用人员的，应当优先录用被裁减的人员。
Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed.
第二十八条 用人单位依据本法第二十四条、第二十六条、第二十七条的规定解除劳动合同的，应当依照国家有关规定给予经济补偿。
Article 28 The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.
第二十九条 劳动者有下列情形之一的，用人单位不得依据本法第二十六条、第二十七条的规定解除劳动合同：
Article 29 The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in Article 26 and Article 27 of this Law in any of the following circumstances: to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;
（一）患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的；
to be receiving medical treatment for diseases or injuries within the prescribed period of time;
（二）患病或者负伤，在规定的医疗期内的；
to be a female staff member or worker during pregnant, puerperal, or
（三）女职工在孕期、产期、哺乳期内的；
breast-feeding period; or
（四）法律、行政法规规定的其他情形。
other circumstances stipulated by laws, administrative rules and regulations.
第三十条 用人单位解除劳动合同，工会认为不适当的，有权提出意见。如果用人单位违反法律、法规或者劳动合同，工会有权要求重新处理；劳动者申请仲裁或者提起诉讼的，工会应当依法给予支持和帮助。
Article 30 The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.
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