Labor Contract (2008 Edition)

Party A:

Legal representative:

address:

phone:

Party B:

identification number:

ID card address:

current home address:

Home Phone: Mobile:

Start date of contract:

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

I. Conditions for the conclusion of the contract

The first party B guarantees that it meets the following conditions for Party A:

Job skills: ________________________

work experience:________________________

Education level: ________________________

Other conditions: ________________________

Article 2 Party B guarantees that there is no labor relationship of any kind with any other unit when signing this contract.

Second, the contract period

Article 3 Both Party A and Party B shall determine the term of this contract by selecting the following ________ forms:

Fixed period: from _____ years _____ months _____ days to _____ years _____ months _____ days.

No fixed term: From the _____ year _____ month _____ date to the statutory or termination conditions stipulated in this contract.

To complete a certain work task as a deadline. It will be terminated from the _____ year _____ month _____ date to the __________ work task completion.

Article 4 The term of the contract is ____ months before the trial period. That is ______ years ______ month ____ days to ___ years ______ months ____ days.

Third, the work content and work location

Article 5 Party B agrees to work in the ______ department in accordance with Party A's work needs.

Article 6 Party A may change or adjust the position and work content of Party B according to the operation situation and the performance of Party B's work performance.

Article 7 Party B shall, in accordance with the requirements of Party A, complete the required number of work on time and meet the prescribed quality standards.

Article 8 The working place of Party B is ___________. According to the work needs of Party A, the working place may be changed by the agreement of both parties.

Fourth, working hours and rest days

Article 9 Party B implements the ____________ working hour system.

In the case of standard working hours, Party A shall arrange for Party B to work no more than eight hours a day, and no more than forty hours a week. Party A may extend the working hours after consultation with Party B due to the needs of the work. Generally, it shall not exceed one hour per day. If it is necessary to extend the working time for special reasons, the working hours shall not exceed three hours per day under the condition of ensuring the health of Party B. , no more than thirty-six hours a month.

For the implementation of comprehensive calculation of working hours, the average daily working time shall not exceed 8 hours, and the average weekly working time shall not exceed 40 hours.

If the system is not scheduled, the working hours and rest and vacation shall be arranged by Party B.

Article 10 Party B shall enjoy the right of rest and vacation prescribed by the State during the contract period, and Party A shall ensure that Party B rests at least one day per week.

V. Labor remuneration

Article 11 The distribution of wages follows the principle of distribution according to work. Party A shall pay Party B's salary in the previous month on a monthly basis, and may fine-tune the pay date in the event of a holiday.

Article 12 The monthly salary of Party B's probation period is RMB ________ yuan, and the monthly salary after the correction is RMB ________ yuan. Party B’s personal income tax is withheld by Party A. If Party A’s wage system changes or Party B’s job changes, it will be determined according to the new salary standard.

Article 13 Party B shall hold corresponding salary and bonus for different positions and different levels. Party A will adjust Party B's salary and bonus according to Party B's performance, ability and performance.

Article 14 If Party B is sick or not injured by work, the sick pay, sickness relief and medical treatment shall be implemented in accordance with relevant state regulations.

Article 15 Party A shall adjust Party B's wage standard according to the actual operating conditions, rules and regulations, assessment of Party B, Party B's working years, reward and punishment records, and post changes, but shall not be lower than the minimum wage standard prescribed by the State.

Article 16 Party A shall arrange for Party B to work overtime according to the needs of the work, and Party B shall be arranged according to law to compensate Party B for the same time or pay for overtime work.

Article 17 During the period in which Party B enjoys various vacations according to law, Party A shall pay Party B's wages in accordance with the relevant provisions of the State or the standards stipulated by rules and regulations.

6. Social insurance and welfare benefits

Article 18 Both Party A and Party B shall pay social insurance expenses such as pension, unemployment, medical care and work injury to employees in accordance with the relevant provisions of the state and municipal social insurance. The part to be paid by the unit shall be paid by Party A, and the part to be paid by the individual shall be paid by Party B. Party A may deduct the wage from Party B.

Article 19 When both Party A and Party B terminate or terminate the labor contract, Party A shall handle the relevant procedures for social insurance for Party B in accordance with relevant state regulations.

Article 20 The medical treatment of Party B's illness or non-work-related injuries shall be implemented in accordance with the relevant national and local policies.

Article 21 Party B's work injury treatment shall be implemented in accordance with relevant national and local policies and regulations.

Article 22 Party B's various treatments during pregnancy, childbirth and lactation shall be implemented in accordance with the relevant national and local maternity insurance policies.

Article 23 Party A shall provide Party B with the following benefits:

_____________________________________________

_____________________________________________

_____________________________________________

7. Labor conditions and labor protection

Article 24 Party A shall establish and improve working standards, operating procedures, and labor safety and health systems in accordance with relevant state laws and regulations; provide Party B with a workplace that meets national safety and health standards and the labor tools necessary to complete tasks.

Article 25 If Party B engages in operations involving occupational disease hazards, Party A shall organize occupational health checks before and after leaving the post in accordance with relevant state regulations, and shall conduct regular occupational health checks on Party B during the contract period.

Article 26 Party B shall strictly abide by the job specifications, work procedures, operational regulations, labor safety and health systems formulated by Party A, and consciously prevent accidents and occupational diseases.

Article 27 Party A shall, in accordance with the needs of the work, conduct training and education on the necessary business, skills, technical training, professional ethics, labor safety and health and other relevant rules and regulations.

Eight, labor discipline

Article 28 The various rules and regulations stipulated by Party A according to law shall be publicized to Party B.

Article 29 Party B shall abide by the rules and regulations formulated by Party A according to law; perform the duties of the position in which it is engaged; obey the work arrangements of Party A; observe the work norms; protect the property; participate in the training organized by Party A and improve the vocational skills.

Article 30 If Party B violates labor discipline, Party A may, according to the rules and regulations of the unit, give corresponding administrative sanctions and economic penalties until the labor contract is terminated.

9. Change, termination, termination, renewal of the contract

Article 31 When the laws, administrative regulations and rules on which this contract is based are changed, the relevant contents of this contract shall be changed accordingly.

Article 32 If the objective situation on which the contract is based is changed significantly, and the contract cannot be performed, the relevant contents of this contract may be changed by the agreement of both parties.

Article 33 This Agreement may be dissolved by mutual agreement between Party A and Party B.

Article 34 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;

Seriously violating Party A's labor laws or Party A's rules and regulations;

Serious dereliction of duty, malpractice and malpractice, causing significant damage to Party A;

At the same time, establishing labor relations with other employers will have a serious impact on the completion of Party A’s work tasks, or will be rejected by Party A and will not be corrected;

By means of fraud, coercion or vicius, Party A may enter into or change the labor contract in violation of the true meaning;

Being investigated for criminal responsibility according to law.

Article 35 Party A may terminate this contract in one of the following circumstances, but Party B shall notify Party B in writing 30 days in advance:

If Party B is sick or not injured by work, he or she cannot perform the original work after the prescribed medical period expires, nor can he engage in any work arranged by Party A;

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 labor contract was based was significantly changed, resulting in the inability to perform the labor contract. After consultation between Party A and Party B, it was unable to reach an agreement on changing the content of the labor contract.

Article 36 If Party A is on the verge of bankruptcy and undergoes statutory rectification or serious difficulties in production and operation, explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade unions or employees, and report the reduction plan to the labor security administrative department. After this, you can cancel this contract.

Article 37 Party B shall not terminate or terminate this contract in accordance with Articles 35 and 36 of this contract in any of the following circumstances:

Engaged in occupational disease hazards, did not perform occupational health checks before leaving the post or suspected occupational patients during diagnosis or medical observation;

In the case of an occupational disease or a work-related injury, the state shall not terminate or terminate the labor contract;

Sick or not due to public injury, within the prescribed medical period;

Female workers during pregnancy, childbirth, and lactation;

Working in Party A for 15 consecutive years and less than five years from the statutory retirement age;

In other circumstances that meet the requirements of laws and regulations.

Article 38 Party B may unilaterally terminate the labor contract, but Party A shall notify Party A in writing 30 days in advance. Party A shall be notified three days in advance during the probationary period.

Article 39 If Party B participates in Party A's project, the labor contract may be unilaterally terminated after the project is over. If resigning at the end of the project, Party B shall handle it according to the provisions of Party A's project management measures. If Party A has no project management regulations, Party B shall be liable for compensation for all the wages and bonuses of its last month and compensate for the direct and indirect losses caused to Party A.

Article 40 Party A may, in any of the following circumstances, Party B may at any time notify Party A to terminate this contract:

Failure to provide labor protection or working conditions in accordance with the labor contract;

Failure to pay labor remuneration in full and on time;

Not paying social insurance for workers in accordance with the law;

Party A’s rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers;

By means of fraud, coercion or vicissitude, Party B may enter into or change the labor contract in violation of the true meaning;

Laws and administrative regulations stipulate that laborers can cancel other situations of the labor contract.

Article 41 If Party A forces Party B to labor by means of violence, threats or illegal restrictions on personal freedom, or Party A violates the rules and forces the risky operation to endanger the personal safety of Party B, Party B may immediately terminate the labor contract without prior notice. Party A.

Article 42 In any of the following circumstances, the labor contract between Party A and Party B shall be terminated:

The expiration of the labor contract;

Party B begins to enjoy basic pension insurance benefits according to law;

Party B dies or is declared dead or declared missing by the people's court;

Party A is declared bankrupt according to law;

Party A is revoked business license, ordered to close, revoked or Party A decides to dissolve in advance;

Other circumstances as stipulated by laws and administrative regulations.

Article 43 After the expiration of this contract, both parties may renew the labor contract upon agreement. If the labor contract expires, the service period stipulated in the training agreement signed by both parties is not expired, and the validity period of the original labor contract is postponed until the service period stipulated in the training agreement expires.

Article 44 After the expiration of this contract, if there is still a labor relationship between the two parties, Party A shall promptly renew or renew the labor contract with Party B. When the parties agree on the inconsistency of the contract period, the contract period for reissuing or renewing shall be signed. It shall not be less than ____ months from the date of the date.

Article 45 If Party B meets the conditions for renewing the labor contract without fixed term, Party A shall sign a labor contract with no fixed term. In the case of entering into a labor contract without a fixed term, the statutory termination conditions or the following termination conditions agreed by both parties shall be terminated and the contract shall be terminated.

_____________________________________________

_____________________________________________

_____________________________________________

X. Economic compensation and compensation

Article 46 In the following circumstances of the termination of the labor contract, Party A shall pay Party B an economic compensation:

Party B shall terminate the labor contract in accordance with the provisions of Article 38 of this Law;

Party A shall, in accordance with Article 36 of the Labor Contract Law of the People's Republic of China, propose to Party B to terminate the labor contract and terminate the labor contract by consensus with Party B;

Party A shall terminate the labor contract in accordance with the provisions of Article 40 of the Labor Contract Law of the People's Republic of China;

Party A shall terminate the labor contract in accordance with the first paragraph of Article 41 of the Labor Contract Law of the People's Republic of China;

Party A shall terminate the fixed-term labor contract in accordance with the first paragraph of Article 44 of the Labor Contract Law of the People's Republic of China; Party A shall maintain or improve the conditions stipulated in the labor contract to renew the labor contract, unless Party B disagrees with the renewal.

Party A terminates the labor contract in accordance with the provisions of Items 4 and 5 of Article 44 of the Labor Contract Law of the People's Republic of China;

Article 47 The economic compensation paid by Party A to Party B shall be based on the average salary of the 12 months prior to the termination of the labor contract by Party B, and the economy shall be paid by Party B for one month of work per year. If the compensation is less than six months and less than one year, it shall be calculated on one year; if it is less than six months, Party B shall pay Party B an economic compensation of half a month's salary, and the economic compensation shall not exceed 12 months at most.

Article 48 If Party A terminates the labor contract or the invalid labor contract concluded by Party A in violation of the conditions stipulated in this contract, and causes losses to Party B, it shall be liable for compensation according to the degree of the loss.

Article 49 Party B proposes to cancel the contract application in advance, and after approval by Party A, it shall go through the formalities of separation within the prescribed time limit. The economic compensation that Party A shall pay to the workers in accordance with the relevant provisions of laws and regulations shall be paid when Party B handles the handover of the work.

Article 50 Party B shall terminate the labor contract in violation of the conditions stipulated in this contract, and leave without resignation, or fail to resign within one month without written notice or fail to complete the resignation formalities within the prescribed time limit, except for the total income of the last month as compensation. The liability shall be borne according to law according to the degree of damage caused to Party A.

Article 51 If Party B does not obey Party A's work arrangements or delays working hours, Party A may, if Party Party believes that there are sufficient and reasonable reasons, Party B may resign, Party A may notify Party B to handle the handover procedures.

XI. Labor dispute handling

Article 52 Due to the labor disputes arising from the performance of this contract, the parties may apply to the labor dispute mediation committee of the unit for mediation; if they are unwilling to mediate or mediate, and one of the parties requests arbitration, it shall be within 60 days from the date of the labor dispute. Apply to the Labor Dispute Arbitration Commission for arbitration. The party may also apply directly to the labor dispute arbitration committee for arbitration. Those who are dissatisfied with the ruling may file a lawsuit in the people's court.

Twelve, other

Article 53 Party B confirms that the following address is the service address of the relevant documents and documents related to labor relations management. If the following address changes, Party B shall inform Party A in writing. Delivery address: ___________________________________________ Zip code: ________________.

Article 54 The rules and regulations of the Party A and the employee handbook are the subsidiary files of this contract and have the same effect as this contract.

Article 55 The "job specification" signed by both parties shall be the subsidiary file of this contract and shall have the same effect as this contract.

Article 56 The "Confidentiality Agreement" and "Competition Limitation Agreement" signed separately by Party A and Party B shall be the subsidiary files of this contract and shall have the same effect as this contract.

Article 57 If the matters not covered in this contract or contrary to the relevant provisions of the future state are implemented, they shall be implemented in accordance with relevant regulations.

Article 58 This contract shall be made in two copies, one for each party.

Party A: Party B: or the agent:

Date: Date: