Labor contract
[Legal Education Network] Labor Contract
Shanghai __________ Co., Ltd., after examination, decided to hire _________ as a formal employee. After negotiation between the two parties, the contract was concluded as follows:
1. The contract period of the two parties is three years, from the date of the year to the day of the month. Among them, from the date of the year to the year and month is the trial period.
During the trial period, Party A believes that if Party B does not meet the conditions for employment, Party B may terminate the labor contract at any time. Party B may also terminate this contract at any time.
When the labor contract expires, it is terminated. After mutual agreement, the labor contract can be renewed. The renewal period is subject to the renewal contract.
Party A shall arrange for Party B to work in the department according to the company's work and operation. Party A may make appropriate transfers, including temporary work, according to the needs of work operations and the actual capabilities of Party B. Party B shall complete the tasks according to the content and requirements of the work arranged by Party A according to quality, quantity and time.
2. Party B's salary and benefits:
The basic salary is paid according to the position and post grade standards, and is adjusted annually according to work performance.
All allowances are included in the base salary and are not paid separately.
In accordance with the requirements of the Social Insurance Regulations, Party A shall pay the social insurance prescribed by the State.
Party A shall issue appropriate bonuses to Party B according to the operating efficiency of the company.
3. Basic rights and obligations of Party A:
Party B shall be managed in accordance with the work requirements, rules and regulations, and the provisions of this contract.
Protect Party B's lawful rights and interests, and implement rewards and penalties according to Party B's work performance.
Party A has the right to adjust Party B's work according to business needs, Party B's capabilities and performance.
Party A can gradually improve Party B's labor remuneration according to the economic benefits and Party B's technical level, business proficiency, labor efficiency, and work performance.
4. Basic responsibilities of Party B:
Comply with national policies, laws, regulations, and rules and regulations and labor disciplines formulated by Party A.
Obey the management and requirements of Party A, and must not leave the job without authorization.
Complete the tasks and economic indicators assigned by Party A.
Conserve the secrets of Party A's business, technology and related files.
Party B shall not engage in any second occupation similar to the business scope of Party A.
Work overtime and travel on the job requirements of Party A.
5. In one of the following circumstances, Party A may terminate or terminate the contract:
1) Party B is sick or not injured because of public injury, and can not engage in the original work after the medical period expires;
2) Serious dereliction of duty, malpractice, and serious damage to the interests of Party A;
3) Party B violates labor discipline and is still ineffective after education or punishment;
4) Being investigated for criminal responsibility according to law.
5) Laborers are not qualified for work. After training or adjusting their jobs, they are still not qualified for work;
6) If Party A is on the verge of bankruptcy and undergoes statutory rectification or serious difficulties in production and operation, it is necessary to reduce personnel;
6. In any of the following circumstances, Party A shall not cancel the contract:
Party B is sick or not injured by work during the prescribed medical period;
Party B suffers from occupational diseases or work-related injuries during the treatment and recuperation period, and confirms part or all of the medical treatment.
Losing ability to work;
Party B during pregnancy, childbirth and breastfeeding.
7. In one of the following circumstances, Party B may cancel the contract with Party A:
It is confirmed by the labor safety supervision department that the labor safety and sanitation conditions of the enterprise fail to meet the prescribed standards and seriously endanger the health of Party B;
Party A does not pay Party B's labor remuneration and benefits as required by the contract;
Party A does not perform the contract or violates the provisions of laws and regulations and infringes on the legal rights of Party B;
Party B has special circumstances and needs to resign and agree with Party A.
8. Except for the provisions of Articles 2, 3 and 4 and the conditions for dismissal of employment as stipulated by law, either party A or Party B shall notify the other party one month in advance of the termination of the employment contract, and either party shall violate the employment contract and cause Economic losses should be compensated according to the consequences and the size of the responsibility.
9. When the two parties terminate or terminate the employment contract, if Party B meets Article 5, Articles 1, 5 and 6, Party A shall provide economic compensation in accordance with relevant state regulations.
10. If Party B is dismissed due to violation of discipline or Party B meets the requirements of Article 7, paragraph 4, Party A will not give any financial compensation. Party B is expelled, reeducated through labor or sentenced, and the employment contract is cancelled by itself without further notice.
11. If Party B is injured or killed during the work of Party A, Party A shall pay its medical expenses, living allowance, death funeral expenses and family pension in accordance with relevant regulations.
12. Party B enjoys the relevant treatments such as public holidays, holidays, weddings and funerals, family planning, and women workers during pregnancy and maternity leave as prescribed by the Chinese government.
13. Party A clearly implements the provisions of the Labor Law issued by the State Council and implements an average working hour system of 40 hours per week.
14. Employees must abide by Party A's provisions on confidential information, and those who violate the above-mentioned acts will bear corresponding responsibilities according to the situation.
15. If the contract expires for one month, if the two parties have no objection and notify the other party in writing, the contract will be automatically extended for one year.
16. When a dispute arises in the execution of this contract, it shall be settled through negotiation between Party A and Party B. If the negotiation is invalid within 20 days, either party may apply to the local labor dispute arbitration committee for arbitration. If it is dissatisfied with the award, it may file a suit in a people's court with jurisdiction within 15 days after receiving the arbitration decision.
17. This contract shall become effective on the date of signature. Both parties must strictly implement and no party may modify or change without the consent of both parties. This contract is divided into two parts, one for each party.
Shanghai __________ Co., Ltd. __________
Authorized representative:
Year, month, day, month, day
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