Labor contract sample

Numbering____________

Party A _________________________

Party B _________________________

Signing date _________ year _____ month _____ day

Producer of the Beijing Municipal Labor and Social Security Bureau

Party A ________________________ legal representative ___________

Registered address_________________________________________

Party B_____Sex_____Resident ID Number ___________________

Date of birth _____ year _____ month _____ day

Work start time in Party A _____ years _____ months _____ days

Home address_________________________________________

Postal code ________________________

Account location _____ province _____ district ______ street

According to the "Labor Law of the People's Republic of China" and relevant regulations, both parties shall voluntarily sign this contract by equal agreement and abide by the terms listed in this contract.

First, the labor contract period

Article 1 This contract is a _____________________ term labor contract.

This contract is effective on _____ years _____ months _____ days, in which the trial period ends on _____ years _____ months _____ days.

This contract is terminated by ____________________________________.

Second, the work content

Article 2 Party B agrees to work in the position of ____________________________________ according to the needs of Party A's work.

Article 3 Party B's work shall meet the standards of ____________________________.

Third, labor protection and working conditions

Article 4 Party A shall arrange for Party B to implement the ________________ working hour system.

For the implementation of standard working hours, Party B shall work 8 hours a day and 40 hours a week.

Execution of the comprehensive calculation of working hours system, Party B's average daily working hours shall not exceed 8 hours, and the average weekly work shall not exceed 40 hours.

If the work system is not operated regularly, Party B shall arrange work and rest time on its own to ensure the completion of Party A's work tasks.

Article 5 Party A shall arrange for Party B to work overtime, which shall comply with the provisions of laws and regulations. Party A shall arrange for Party B to extend the working hours and pay a salary of not less than 150% of the salary; if Party A arranges for Party B's rest day work and cannot arrange for a rest, it shall pay wages not less than 200% of the salary. If Party A arranges for Party B to work on a holiday, it shall pay wages not less than 300% of the salary.

Party B’s overtime pay base is ________ yuan per day or _____________.

Article 6 Party A shall provide Party B with the necessary labor conditions and labor tools, establish and improve the production process, and formulate operating procedures, scope of work and labor safety and health systems.

Article 7 Party A shall be responsible for educating Party B on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations.

Fourth, labor compensation

Article 8 Party A shall pay Party B's salary in the form of currency before the ______ day of the month, and the monthly salary shall be _____ yuan or ___________. Party B is testing

The salary during the period _____________________________. Other agreement between Party A and Party B on wages _________________________

_____________________________________________________.

Article 9 If Party A's production tasks are insufficient to enable Party B to wait for work, Party A shall pay Party B's monthly living expenses as ______ yuan or ________.

V. Insurance benefits

Article 10 Both Party A and Party B shall participate in social insurance in accordance with the provisions of the State and Beijing Municipality. Party A handles the relevant social insurance procedures for Party B.

Article 11 The medical treatment of Party B's illness or non-work-related injuries shall be implemented in accordance with the relevant provisions of the State and Beijing Municipality. Party A shall pay Party B's sick pay in accordance with ____________.

Article 12 The treatment of Party B suffering from occupational diseases or injuries caused by work shall be carried out in accordance with the relevant provisions of the State and Beijing Municipality.

Article 13 Party A shall provide Party B with the following benefits:

_____________________________________________________

_____________________________________________________

_____________________________________________________

6. Labor discipline

Article 14 Party A shall, in accordance with the needs of production and operation, formulate rules and regulations and labor discipline according to law. Party B violates labor discipline and Party A's rules and regulations. Party A has the right to deal with it according to the rules and regulations until the contract is terminated.

Article 15 Party B shall abide by the rules and regulations of labor discipline, abide by labor safety and health, production techniques, operating procedures and work norms; protect the property of Party A and abide by professional ethics; actively participate in the training organized by Party A and improve its own quality.

7. Change and release of the labor contract

Article 16 In any of the following circumstances, Party A and Party B shall change the labor contract and handle the change contract in time:

Both parties are in agreement;

Significant changes in the objective circumstances on which this contract is based have made the contract unfulfillable;

The laws, regulations and rules on which this contract is based have changed.

Article 17 If a party requests to change this contract in accordance with the provisions of Article 16(1), the party shall notify the other party in writing of the change request, and the other party shall reply in writing within 15 days; if the party fails to reply within 15 days, it shall be deemed disagreeing. Change this contract.

Article 18 This Agreement may be dissolved by mutual agreement between Party A and Party B.

Article 19 Party B may, in one of the following circumstances, Party A may terminate this contract:

During the trial period, it is proved that it does not meet the conditions of employment;

Serious violation of labor discipline or Party A's rules and regulations, in accordance with the provisions of Party A or this contract can contact the labor contract;

Serious dereliction of duty, malpractice, and serious damage to the interests of Party A;

Being investigated for criminal responsibility according to law.

Article 20 In any of the following circumstances, Party A may terminate this contract, but Party B shall notify Party B in writing 30 days in advance:

Party B is ill and the latter is not injured due to work. After the medical period expires, it cannot be engaged in the original work or can not engage in work arranged by Party A or does not meet the requirements of the State and the city to engage in relevant industries and job positions. Party A cannot arrange work separately. ;

Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job;

The objective situation on which the contract was based was significantly changed, resulting in the inability of this contract to be fulfilled. Agreement between the parties and the parties could not be reached on the change of the labor contract.

Article 21 Party A shall, in any of the following circumstances, if it is necessary to reduce the number of personnel, it shall explain the situation to all employees 30 days in advance, listen to the opinions of the trade union or the employees, and after reporting to the labor and social security department, the contract may be terminated:

On the verge of bankruptcy during the statutory rectification period;

Relocation due to prevention and control of industrial pollution sources;

Production and operation conditions are seriously difficult.

Article 22 If Party B has one of the following circumstances, Party A shall not terminate this contract in accordance with Articles 20 and 21 of this Agreement:

Suffering from occupational diseases or injuries due to work and being confirmed to reach the level of disability;

Suffering from illness or injury due to work, within the prescribed medical period;

Female workers during pregnancy, childbirth, and lactation;

Worked continuously for more than 10 years in Party A and less than 5 years from the statutory retirement age;

Demobilized and demobilized veterans have not participated in the work for the first time for less than 3 years;

The construction of land acquisition and non-workers for the first time has not been completed for three years;

During duty during military service;

The employee representatives of the collective negotiation shall be within 5 years from the date of the representative of the labor contract.

Article 23 If Party B terminates this contract, Party A shall notify Party A in writing 30 days in advance, and Party A shall have gone through relevant formalities. However, unless Party B has caused economic losses to Party A, it has not been processed.

Article 24 In any of the following circumstances, Party B may at any time notify Party A to terminate this contract:

During the trial period;

Party A forces labor by means of violence, threats or illegal restrictions on personal freedom;

Party A fails to pay labor remuneration or provide working conditions in accordance with this contract;

Party A has not paid social insurance premiums to Party B according to law.

Article 25 After the expiration of the term of this contract, if the termination procedure is not completed due to Party A's reasons, and Party B requests to terminate the labor relationship, the labor relationship shall be released.

8. Termination and renewal of the labor contract

Article 26 In any of the following circumstances, the contract is terminated:

The expiration of the contract period;

The termination condition of the contractual agreement appears;

Party B meets the statutory retirement conditions;

Party A is bankrupt and disbanded according to law;

Other circumstances as stipulated by laws, regulations and rules.

Article 27 On the 30th day before the expiration of the term of this contract, Party A shall notify Party B in writing of the intention to terminate or renew the labor contract. If Party A terminates the labor contract without prior notice to Party B, Party B shall pay Party B's salary for one day's salary for each day of delay, based on the average daily salary of Party B.

Article 28 In any of the following circumstances, this contract shall be renewed and the renewal procedure shall be completed in a timely manner:

Party A and Party B agree to renew the labor contract;

After the expiration of the term of this contract, there is still a labor relationship without the termination of the labor contract, and Party B requests to renew the labor contract.

In the case of the first item of this article, when the terms of the labor contract renewal between the two parties are inconsistent, the term of the renewal labor contract shall not be less than 12 months from the date of signature; and Party B shall meet the conditions for renewal of the labor contract without fixed term, Party A A labor contract with no fixed term should be signed with it.

9. Economic compensation and compensation

Article 29 If one of the following circumstances occurs, Party A shall pay Party B economic compensation according to the following criteria:

If Party A deducts or pays Party B's salary unreasonably, and refuses to pay Party B's extended working hours wages, in addition to paying Party B's salary in full, it shall also pay an economic compensation equivalent to 25% of the salary;

If Party B’s salary is lower than the Beijing minimum wage, it will be paid less than 25% of the economic compensation.

Article 30 In any of the following circumstances, Party A shall pay an economic compensation of one month's salary for every one year of work according to the working years of Party B in Party A and the average salary of Party B before the termination of this contract, less than 1 The year is calculated in 1 year, up to 12 months:

After deliberation with Party B, Party A shall terminate this contract;

Party B is not qualified for the job. After training or adjusting the position, it is still not competent for the work. Party A shall terminate this contract;

When the term of this contract expires, there is still a labor relationship due to Party A’s failure to terminate the formalities. Party A and Party B agree to terminate the labor relationship.

Article 31 In any of the following circumstances, Party A shall, in accordance with Party B's working years, pay Party B an economic compensation equivalent to Party A's monthly average salary of one month's salary in accordance with Party B's working years in Party A. For less than one year, the average salary for the 12 months before the termination of this contract is higher than the average salary of the previous year of Party A, and is calculated according to the average monthly salary of the person:

If Party B is sick or not injured by work, he or she cannot work in the original job or work in another place that Party A has to arrange;

The objective situation on which the contract was based was significantly changed, resulting in the inability to perform the contract, and the agreement between the parties and the parties could not be changed by changing the contract;

Party A has reduced personnel.

Article 32 The calculation and payment standard for the economic compensation paid by Party A to Party B shall not be lower than the minimum wage in Beijing.

Article 33 If Party A fails to issue Party B's economic compensation after the termination of this contract, in addition to the full amount of economic compensation, it shall pay an additional economic compensation amount of 50% of the amount of the economic compensation.

Article 34 If Party A terminates the labor contract in accordance with the provisions of Article 20 of this contract, Party A shall pay a medical subsidy of not less than 6 months' salary. A 50% medical subsidy should be added to a serious illness, and a 100% medical subsidy for a terminal illness.

Article 35 If Party A violates the provisions of this contract to terminate the labor contract or enters into an invalid labor contract due to Party A's reasons and causes damage to Party B, it shall be liable for compensation according to the degree of loss.

Article 36 Party B's capital contribution training and capital contribution acceptance Party B shall violate the provisions of this contract to cancel the contract.

________________________________________________

Article 37 If Party B is terminated by Party A due to the existence of the provisions of Article 19, Item (1) and (1) of this contract, Party B shall be liable for compensation if it causes losses to Party A.

Article 38 If Party B violates the conditions stipulated in this contract to terminate the labor contract or violates the matters of conservative commercial secrets and causes economic losses to Party A, it shall be liable for compensation according to law.

The two sides agreed_____________________________________

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X. Other contents agreed by the parties

Article 39 Party A and Party B agree that this contract adds the following contents:

________________________________________________

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________________________________________________

________________________________________________

________________________________________________

XI. Labor disputes and other

Article 40 If a dispute arises between the two parties in the performance of this contract, the parties may apply to the labor dispute mediation committee of Party A for mediation; if the mediation fails, the applicant shall apply to the labor dispute arbitration committee for arbitration within 60 days from the date of the labor dispute. The party may also apply directly to the labor dispute arbitration committee for arbitration.

Article 41 The subsidiary files of this contract are as follows: _____________________

______________________________________________________

______________________________________________________

______________________________________________________

Article 42 If the matters not covered in this contract or contrary to the relevant provisions of the State or Beijing in the future, the implementation shall be carried out in accordance with relevant regulations.

Article 43 This contract is made in two copies, one for each party.


person A person B

Legal representative
Or authorized agent



Date of signing: Year, month and day

Visa authority

Visa officer

Date of signing: Year, month and day



Labor contract renewal

The term of the renewal labor contract is _____ term contract, the effective date of the renewal contract is __year__month__day, and the renewal contract ________ is terminated.


person A person B

Legal representative or
Principal agent

year month day




Labor contract change book


By the equal and voluntary consent of both parties, the following changes are made to this contract:

1.___________________________________________________________________________

2.____________________________________________________________________________

3.____________________________________________________________________________

person A person B

Legal representative or agent

year month day


Instructions for use

1. This contract can be used as an employment contract between the employer and the employee.

2. When the employer and the employee use this contract to sign the labor contract, the content agreed upon by both parties shall be filled in the corresponding space after consultation.

When signing a labor contract, Party A shall affix its official seal; the legal representative or the attorney shall sign or affix his own.

3. The terms to be added by negotiation between the parties shall be stated in Article 39 of this contract.

4. If other contents agreed by the parties, changes in the labor contract, etc. cannot be filled out in this contract, additional paper may be attached.

5. This contract should be filled in with a pen or a signature pen. The writing is clear, the text is concise and accurate, and it must not be altered.

6. This contract is made in two copies. Each Party A and Party B shall hold one copy, and Party B shall not be kept by Party A on its behalf.