Shenzhen Special Economic Zone Labor Contract

Shenzhen Special Economic Zone Labor Contract

Prepared by Shenzhen Labor Bureau

person A person B

Name: Name:

Type of economy: Gender: Age: Length of service: Birthplace:

Address: Location of the account:

phone:

Legal representative: ID number:

Contact: Current address:

Phone: Contact number:

According to the Labor Law of the People's Republic of China and the Labor Contract Regulations of Shenzhen Special Economic Zone and other relevant laws and regulations, Party A and Party B have reached the following agreements on the principle of equality, voluntariness and consensus:

First, work and work

Party A hires Party B to work in the post according to production needs.

Second, the contract period

Contract term

Party A and Party B choose the following form to determine the term of this contract.

1. Fixed term Year, the contract period starts from the date of the year to the day of the month.

2. There is no fixed term, and the contract period starts from the day of the month.

3. Complete a certain period of work, from the date of the year to the end of the day.

Trial period

1, no trial period.

2, the trial period is months.

Third, working hours

Party A implements the following first working hours system as stipulated by the State.

1. Standard working hours, that is, Party B works 8 hours a day and 40 hours a week.

2, irregular work system.

3. Comprehensive calculation of working hours system.

Party A may extend the working hours after consultation with the trade union and Party B due to the needs of production and operation. Generally, it shall not exceed one hour per day. If it is necessary to extend the working hours for special reasons, the working hours shall be extended under the condition of ensuring the health of Party B. No more than three hours. Overtime work must not exceed 36 hours per month.

In other circumstances as stipulated by laws and administrative regulations, the working hours are extended and are not subject to the provisions of the preceding paragraph.

Fourth, wages and benefits

Party B's probationary salary yuan/month; the starting salary of Party B is RMB/month. Party A may adjust Party B's wages in accordance with the wage distribution system formulated according to law or in the collective contract. However, the wages paid by Party A to Party B shall not be lower than the minimum wage for the current year announced by the municipal government.

Party A's monthly, or monthly, day and day is the payday.

If Party A arranges to work overtime, it shall pay wages in accordance with Article 44 of the Labor Law.

Party B’s sick or non-work-related injuries are carried out in accordance with relevant regulations.

When Party B performs national and social obligations in accordance with state regulations during working hours, wages are paid.

The wages and salaries of Party B during the period of suspension of work shall be implemented in accordance with relevant regulations.

Party B shall enjoy the right to vacation in accordance with the relevant provisions of the State, and the wages during the vacation shall be implemented in accordance with the relevant provisions of the State, the province and the municipality.

V. Labor protection and working conditions

Party A must provide Party B with labor safety and sanitation conditions and necessary labor protection articles in accordance with state regulations. Workers engaged in occupational hazards should conduct regular health checks.

Party B has the right to refuse to execute the violation of the rules and regulations of Party A's management personnel, and has the right to criticize and report and sue for acts that endanger life safety and physical health.

6. Social insurance and welfare benefits

Party A shall handle social insurance for Party B in accordance with the relevant provisions of Shenzhen Municipal Social Insurance.

If Party B is disabled or killed due to work, it shall be dealt with in accordance with the Regulations on Industrial Injury Insurance of Shenzhen Special Economic Zone and relevant regulations.

Party A shall continuously improve the welfare of Party B when economic conditions permit.

7. Labor discipline

Party B shall do during the contract period:

Comply with the rules and regulations formulated by Party A in accordance with the law.

Strictly follow safe operating procedures to ensure safe production.

Complete the tasks specified by Party A on time.

Love the property of Party A and keep the business secrets of Party A.

Comply with national and local family planning policies.

8. Change, dissolution, re-conclusion and termination of the contract

The labor contract can be changed according to law according to the agreement of both parties.

In any of the following circumstances, Party A may terminate the labor contract at any time;

1. Party B is proved not to meet the conditions of employment during the trial period;

2. Party B seriously violates labor discipline or the rules and regulations of the employer;

3. Party B seriously dereliction of duty, malpractice and malpractice, causing significant damage to Party A’s interests;

4. Party B is investigated for criminal responsibility according to law;

5. Other circumstances as stipulated by laws and regulations.

In any of the following circumstances, Party A may terminate the labor contract, but it should be mentioned

In the first 30 days, Party B shall notify Party B in writing.

1. Party A is on the verge of bankruptcy during the statutory rectification period or has serious difficulties in production and operation. It is confirmed by the Labor Bureau that it is necessary to reduce personnel;

2. Party B is sick or not injured by work. After the medical period expires, he cannot engage in the original work or engage in appropriate work arranged by Party A;

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

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

In any of the following circumstances, Party A shall not terminate the labor contract in accordance with the provisions of paragraph 2 of this Article:

1. Party B suffers from occupational diseases or injuries due to work and is confirmed to be lost or partially incapacitated;

2, Party B is sick or not injured by work, within the prescribed medical period;

3. Party B during pregnancy, maternity and lactation;

4. Other circumstances as stipulated by laws and regulations.

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

1. During the trial period;

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

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

4. Other circumstances as stipulated by laws and regulations.

In one of the following circumstances, the labor contract is released by itself:

1. Party A is declared bankrupt according to law;

2. Party A is dissolved according to law or restored according to law;

3. Party B dies;

Except as provided in the fifth paragraph of this Article, Party B shall notify Party A in writing 30 days in advance of the termination of the labor contract.

Re-establishing a labor contract

Upon expiration of the contract, if Party A and Party B agree to extend the labor relationship, the parties shall re-enter the labor contract within 30 days before the expiration of the contract.

Contract termination

The contract expires or the termination conditions agreed by both parties appear, and the contract terminates on its own.

IX. Liability for breach of contract

Party A’s legal responsibility

1. If Party A deducts or pays Party B's salary unreasonably, and refuses to pay Party B to work overtime, in addition to paying Party B's salary in full, it shall also pay an economic compensation equivalent to 25% of salary.

2. If Party A's payment of Party B's salary is lower than the minimum wage of the current year announced by the municipal government, it shall make up the substandard portion, and at the same time, compensate the employee for the lower part of the daily total of 1% of the total amount.

3. If Party A fails to apply for social insurance for Party B in violation of Article 6 of this contract and causes economic losses to Party B, Party A shall compensate Party B according to the relevant provisions of Shenzhen Municipal Social Insurance.

4. If one of the following circumstances is met, Party A shall issue Party B with economic compensation at one time:

a. Submitted by Party A, and agreed to terminate the labor contract after mutual agreement;

b. Party A terminates the labor contract in accordance with Articles 1, 2, 3, 4 and paragraphs 2, 3 and 4 of Article 8 of this contract.

5. If Party A terminates the labor contract in accordance with Article 2, paragraph 2, of this contract, Party A shall issue Party B a one-time medical subsidy in accordance with relevant state regulations.

6. If Party A terminates the labor contract in accordance with Articles 3 and 4 of Article 8 of this contract, and fails to notify Party B 30 days in advance, Party B shall pay Party B the monthly average salary compensation for the month.

Party B’s legal responsibility

If Party B terminates the labor contract in violation of the contract, and Party A causes losses to Party A, Party B shall compensate Party A for the following losses:

1. Party A recruits and hires the fees paid by Party B;

2. The training fee paid by Party A for it;

3. Direct economic losses caused by production, operation and work.

The parties also agree to the following breach of contract obligations:

X. Dispute Resolution

After a labor dispute has occurred between Party A and Party B, they shall be resolved through consultation. If the negotiation fails, it may apply to the labor dispute mediation committee of Party A for mediation; or directly apply to the labor dispute arbitration committee for arbitration. If there is no objection to the arbitral award, both parties must perform; if they are dissatisfied with the arbitral award, they may sue in the people's court.

XI. Other matters that the two parties think they need to agree or that need to be changed and re-agreed for the original terms:

12. If the unfinished matters or the terms of the contract differ from the existing labor laws and regulations, it shall be implemented in accordance with the current labor laws and regulations.

XIII. This contract shall become effective on the date of signature or seal of both Party A and Party B, and may be invalidated or not authorized in writing.

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

15. The following files are provided as ancillary files of this contract and have the same effect as this contract:

Description:

1. According to the "Labor Law" and the "Shenzhen Special Economic Zone Labor Contract Regulations", employees have worked continuously for more than ten years in the same employer. The parties agree to renew the labor contract, and the employee proposes to enter into a labor contract with no fixed term, or The employee of Shenzhen household registration, the male employee has been working for twenty-five years in a row, the female employee has been working for 20 years, and the unit has been working for five years. If the employee proposes to enter into a labor contract without a fixed term, he should conclude a labor without a fixed term. contract.

2. According to Article 11 of the “Shenzhen Special Economic Zone Labor Contract Regulations”, the employer and employees may specify the probation period in the labor contract. The probation period shall not exceed three months. If there are special requirements for technology and business, the probation period It can be extended, but the trial period can be up to six months. If the labor contract is renewed and the job position has not been changed, the probation period may not be agreed.

3. Party A cannot implement the standard working hour system due to the nature of work or the characteristics of production. If the irregular working system or the comprehensive working hour working system is implemented, it must be approved by the labor administrative department in accordance with relevant state regulations.

4. According to the "Shenzhen Special Economic Zone Minimum Wage Regulations", the minimum wage refers to the minimum labor remuneration that the employer should pay after the laborer provides normal labor within the statutory working hours.

5. The liability for breach of contract is divided into statutory breach of contract liability and contractual liability for breach of contract. The main methods of liability for breach of contract are compensation for losses, payment of liquidated damages and continued performance of the labor contract. Both parties may, in accordance with the actual situation, stipulate the liability for breach of contract in accordance with the principle of equality and voluntariness If the liquidated damages are agreed, it is not possible to stipulate only one party to bear the liquidated damages. The fairness principle should be embodied. The amount of the liquidated damages or the calculation method must be clear and concrete.

6. The standard for the issuance of economic compensation shall be calculated according to the continuous working years of Party B in the unit: every month, the employee shall be paid a monthly salary; if the period of less than one year is less than one year, it shall be calculated according to one year; Issued a monthly salary of half a month. The monthly salary refers to the monthly average salary of the laborer in the first three months of the termination of the labor contract. The labor contract shall be terminated in accordance with Article 8 (3) and Article 9 (4) of the contract, and the economic compensation shall be no more than the monthly salary of 12 months.

7. According to the provisions of the Labor Law of the People's Republic of China, the parties shall apply to the Arbitration Commission for arbitration in writing within 60 days from the date of the occurrence of the labor dispute. If the party is dissatisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the award. If the party fails to sue, the ruling will have legal effect.

8. The attached files of this contract must comply with the provisions of laws and regulations, otherwise it will be invalid.

9. The labor contract signed on behalf of the company will be invalid without written authorization. The fault party will assume legal responsibility in accordance with the provisions of Article 15 of the Shenzhen Special Economic Zone Labor Contract Regulations.

10. Baoan and Longgang District can refer to this contract.

Party A's stamp: Party B's signature:

Signature of legal representative:

The contract time between the two parties: