New labor contract model

Chapter 1 Types and Duration of Contracts

The first type A and B choose the contract type as.

A. The fixed period, from _____ years _____ month _____ days to _____ years _____ months _____ days, a total of _____ months, after the contract expires, the parties agree to continue to perform If the contract reaches the condition without a fixed term contract, it will automatically be converted into a non-fixed term contract; if both parties need to re-arrange the term of the labor contract, they shall fix it within 30 days before the contract expires.

B. There is no fixed term, and the termination of the agreement as stipulated in Article 35 of the contract from the _____ year _________________ is terminated.

C. The deadline for completing certain tasks: from _____ years ___________ to ___________________________________ The task is terminated when the task is completed.

Article 2 If Party B's starting work time is inconsistent with the agreed time, the labor relationship shall be established based on the actual date of the contract.

Chapter II Trial Period

Article 3 Party A and Party B shall agree that the probation period shall be from _____ years _____ _____ days to _____ years _____ months _____ days, for a total of _____ months, the probationary period salary is: __________ .

The fourth conditions of employment are:

1. Academic culture: ____________________________________________.

2. Physical condition: _________________________________________.

3. Work skills: ____________________________________________.

4. Teamwork: _________________________________________.

5. Other: _________________________________________.

Chapter III Work Content and Place of Work

Article 5 Party A employs Party B to engage in ______________ work, as described in the “Description of Responsibilities”;

Article 6 The working place of Party B is ___________________________________.

Article 7 Party B shall conscientiously perform the duties and responsibilities formulated by Party A, and complete its own duties on time, according to quality and quantity; Party B shall not work part-time in other units without the permission of Party A.

Article 8 Party A shall, in accordance with Party B's professionalism, specialties, work ability and performance, adjust the work position of Party B and its work remuneration according to the needs of production and work, in principle, it shall be agreed, except for the following cases:

A. Party A shall accept Party A's work needs due to the needs of production and operation services, industry, product structure adjustment, process regulations, organizational settings, etc.

B. Party A may temporarily arrange Party B to work in other positions due to the needs of production and operation services, and the working period shall be determined by both parties through consultation;

C. Party B cannot meet the production and service, work quality, output and other indicators due to factors such as skills and body, and is not qualified for the job.

Chapter IV Working Hours and Rest Time

Article 9 The position of Party B shall implement the following working hours system.

A. Standard working hours.

B. Untimed working hours.

C. Comprehensive calculation of working hours.

Article 10 Party A shall arrange employee leave during the following holidays: New Year's Day, Spring Festival, International Labor Day, National Day, other holidays as prescribed by laws and regulations, marriage leave, bereavement leave, maternity leave, etc.

Article 11 If Party A arranges for Party B to work overtime or holidays to work overtime due to work needs, Party B shall obey Party A's unified arrangement; Party A shall pay overtime compensation according to regulations to ensure Party B's legal rights and interests.

Article 12 If Party B is working overtime, Party A shall obtain the consent of Party A, otherwise it shall not be regarded as overtime.

Chapter V Rules and Regulations and Labor Discipline

Article 13 Party B consciously abides by the laws, regulations, rules, social morality and professional ethics of the state and safeguards the reputation and interests of Party A.

Article 14 Party A shall establish and improve various rules and regulations in accordance with the law. Party A shall promptly carry out or change the rules and regulations formulated or changed, and Party B shall strictly abide by it.

Article 15 Party B shall not engage in any other second occupation or activity that conflicts with Party A's interests, and shall preserve Party A's trade secrets and intellectual property rights.

Article 16 If Party B violates labor discipline and rules and regulations, Party A shall have the right to impose disciplinary action or economic punishment on Party B in accordance with the provisions of the State and its unit until the notice is terminated.

Chapter VI Labor Remuneration

Article 17 After normal attendance and normal labor, Party B shall be entitled to the corresponding labor remuneration. Party B shall perform the following forms of salary calculation.

A. Timing form: Party B's monthly basic salary is: __________, post salary is __________ yuan, and the benefit salary is adjusted according to the employment unit's benefit and salary calculation standards. Among them, the wage base for overtime work is __________yuan/hour, the deduction standard for leave is __________ yuan/hour, and the sick leave deduction standard is __________ yuan/hour.

B. Piece form: Party B's labor quota is __________, and the unit price is __________.

C. Other forms of wages: ____________________________________________.

Article 18 Party A shall pay Party B's salary in the form of RMB on the _______ day of each month.

Article 19 Party A has the right to adjust Party B's wages and salaries according to its production and operation status, the change of Party B's work position and the labor compensation allocation method formulated according to law.

Article 20 If Party A arranges for Party B to extend the working hours or rest days or statutory holidays, Party B shall arrange for Party B to make up the compensation or pay the corresponding labor remuneration according to law.

Chapter VII Social Insurance and Benefits

Article 21 Party A shall participate in the purchase of the following social insurance in accordance with the relevant provisions of the State and Shanghai Municipality. Party B's personal payment shall be borne by Party B and shall be deducted by Party A in the era of wage payment...

A. Urban social insurance B. Small town social insurance C. Comprehensive insurance for migrant workers D. Other ________________________________________.

Article 22 If Party B is sick or not injured by work, the sick pay, sickness relief and medical treatment shall be implemented in accordance with the relevant provisions of the State and Shanghai Municipality.

Article 23 The wages and medical insurance benefits of Party B suffering from occupational diseases or injuries caused by work shall be implemented in accordance with the relevant provisions of the State and Shanghai Municipality.

Article 24 Party A shall provide Party B with the following benefits:

A. ____________________________________________________________.

B. _________________________________________________________.

C. ____________________________________________________________.

Chapter VIII Labor Protection, Labor Conditions and Occupational Hazard Protection

Article 25 Party A shall establish and improve the production process, operating procedures, work specifications and labor safety and health systems and their standards. Party A shall fulfill its obligation to inform Party B in the post of occupational disease hazards, and shall do a good job in the prevention of occupational hazards in the labor process. Party B shall strictly abide by relevant operational procedures and safety systems.

Article 26 Party A shall provide Party B with a working environment that meets the labor conditions and safety and hygiene regulations stipulated by the State, and provide labor protection articles for Party B in accordance with the characteristics of production and operation of the enterprise and relevant regulations. Party B shall wear labor protection articles in strict accordance with the requirements.

Article 27 Party A shall provide Party B with necessary education and training in occupational technology, safety and health, rules and regulations, etc. Party B shall seriously participate in all necessary education and training organized by Party A.

Chapter IX Change, Cancellation and Termination of Labor Contracts

Article 28 The laws, administrative regulations and rules on which the contract is based shall change, and the contract shall change the relevant content.

Article 29 If there is a major change in the objective conditions on which the contract is based, and the contract cannot be fulfilled, the relevant content of the contract may be changed or cancelled upon agreement.

Article 30 If Party B proves that it does not meet Party A's criteria for employment or the conditions of employment during the trial period, Party A shall notify Party B to terminate the contract three days in advance.

Article 31 If Party B has one of the following circumstances, Party A may immediately terminate the contract and dismiss Party B:

A. Because Party B failed to provide the relevant information for the employment within 30 days, Party A could not apply for the employment and social insurance payment procedures.

B. Party B is found to be false in providing personal information to Party A at the time of application, including but not limited to: certificate of separation, identity certificate, certificate of residence, certificate of education, medical certificate, etc. are false or forged; Psychiatric diseases, infectious diseases and other diseases that seriously affect work are not stated at the time of application; they have been severely punished by other units, left to the factory for inspection, expulsion or delisting, or have been detained, and have not been declared at the time of application. Those who have been re-educated through labor, criminal detention, or criminally accountable according to law, and have not been declared at the time of application.

C. Serious violation of Party A's labor discipline, employee handbook or rules and regulations.

D. Serious dereliction of duty and malpractices have caused more than 5,000 yuan of damage to Party A’s interests.

E. Party B is the driver. For its own reasons, the certificate of the operation service, the photo is hoisted or failed for more than 15 days, or the vehicle has a death accident of the same level or more, or a minor accident or damage of 30,000 yuan. Above the yuan, Party A can cancel the contract at any time.

F. If Party B is a special operator, if it violates the regulations or causes damages of more than 5,000 yuan due to its own reasons, Party A may also cancel the contract at any time except for financial punishment or punishment.

G. Party B has established labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks and has lost more than 5,000 yuan, or has been rejected by Party A.

H. Party B was investigated for criminal responsibility, reeducation through labor, and public security organs for education.

I. Party B resigns from Party A or is dismissed by Party A through negotiation.

J. Party B shall use the means of fraud, coercion or arbitrage to cause Party A to enter into or change the contract in violation of the true meaning.

K. Other circumstances as stipulated by laws and regulations.

Article 32 Party B may cancel the contract and dismiss Party B in one of the following circumstances, but Party B shall notify Party B in writing 30 days in advance:

A. Party B is ill or not injured by work. After the medical period expires, Party B cannot perform the original work, nor can it engage in other work arranged by Party A.

B. Party B is not qualified for his job. After training or adjusting his position, he is still not qualified for the job, and refuses to obey Party A's work arrangements and labor management.

C. Party A has undergone major changes in the objective conditions such as mergers, divisions, joint ventures, restructuring, enterprise conversion, technological innovation, adjustment of business methods, prevention and control of pollution relocation, or the disappearance of production and jobs of Party B, resulting in the failure of the contract to be fulfilled.

D. Party A's production and operation have serious difficulties.

E. According to the provisions of Article 29 of the contract, an agreement cannot be reached on the change contract.

Article 33 Party B may cancel the contract in any of the following circumstances:

A. Resignation to Party A more than three days in advance during the probationary period.

B. Party A violates the provisions of the contract and fails to pay Party B's labor remuneration in full.

C. Party A violates the contract and fails to pay social insurance according to law.

D. Party A violates the contract and does not provide corresponding labor protection and working conditions.

E. Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers.

F. Party A is forced to take risks and work in violation of regulations to force Party B to work.

G. Party B resigns to Party A 30 days in advance.

Article 34 If Party B has one of the following circumstances, Party A shall not terminate the contract in accordance with the provisions of Article 29 of the contract:

A. Workers engaged in occupational disease hazards have not performed occupational health checks before leaving their posts, or patients with suspected occupational diseases are under diagnostic or medical observation.

B. In the case of an occupational disease or injury caused by work, and confirmed to be lost or partially disabled.

C. Illness or non-work injury, within the prescribed medical period.

D. Female workers during pregnancy, childbirth, and lactation.

E. The unit has been working continuously for fifteen years and is less than five years from the statutory retirement age.

F. Other circumstances as stipulated by laws and regulations.

Article 35 If one of the following circumstances occurs, the contract shall terminate by itself:

A. The contract expires and the parties cannot agree on the renewal of the same working conditions.

B. The termination conditions agreed by the parties appear, if Party B has been confirmed to have completed a certain task.

C. Party A goes bankrupt, disbands, is revoked business license, ordered to close or is reinstated.

D. Party B enjoys basic pension, retirement, declaration of death, declaration of disappearance, and death.

E. Party B is temporarily unable to perform its obligations under the contract, but it still has to continue to perform the conditions and possibilities, including but not limited to Party B’s alleged violation of the law, and is restricted by the public security, national security or judicial organs, and Party B’s study and training for execution The contract cannot be performed normally for more than 15 days due to the public welfare tasks of the relevant departments.

F. Party B shall be enlisted in the army or perform other legal obligations as stipulated by the State.

G. Other circumstances as stipulated by laws and regulations.

Article 36 If the contract expires or the contractual termination conditions agreed by the parties appear, and Party B has one of the circumstances specified in Article 34 of the contract, and does not belong to the thirty-one agreement, the contract shall be postponed until the corresponding situation disappears. Chapter X Economic Compensation and Compensation

Article 37 If Party B fails to resign to Party A or arbitrarily resigns within 30 days in advance, Party B shall pay Party B's monthly salary after Party B's work settlement.

Article 38 In addition to the termination of the contract in accordance with the provisions of Article 31 of the contract, where the labor contract law provides for economic compensation, Party A shall pay the economic compensation to Party B in accordance with the standards stipulated by law.

Article 39 If Party B owes any amount to Party A, or Party B terminates the labor contract in violation of the conditions stipulated in the contract, and causes any economic loss to Party A, Party A shall have the right to compensation according to the provisions of laws and regulations and the contractual agreement. Party B's wages, bonuses, allowances, subsidies, etc. shall be deducted accordingly, but the deduction shall not violate the provisions of laws and regulations. If it is not enough, Party A still has the right to recover the remaining part from Party B.

Chapter XI Training Service Period and Competition Limitation

Article 40 Party B shall accept the special technical training provided by Party A during the contract period, and agree that Party A's service period shall be from _____ years _____ months _____ days to _____ years _____ months ____ _day. If Party B violates the provisions of this Article and cancels the contract in advance, Party A shall pay Party A training fee of __________ yuan. If part of the service period has been fulfilled, it shall be reimbursed according to the training expenses to be allocated according to the unfulfilled part of the service period.

Article 41 The two parties may separately sign the Training/Education Agreement, stipulate specific service periods, compensation standards and implement them.

Article 42 Party B shall keep Party A's trade secrets. Trade secrets refer to technical secrets and business information that are not known to the public, can bring economic benefits to Party A, are practicable, and are subject to confidentiality measures by Party A. Including but not limited to the following:

A. Technical information. The scope of technical information generally includes technical solutions, engineering design, circuit design, manufacturing methods, formulations, process flow, technical indicators, computer software, database, test results, drawings, sample prototypes, model molds, operation manuals, technical documents, Business secrets of business secrets and so on.

B. Business information. The scope of business information generally includes customer list, marketing plan, procurement information, pricing policy, undisclosed financial resources, labor remuneration, purchase channels, production and sales policies, bidding and bidding content, and tender content.

C. The company shall, in accordance with the provisions of the law and relevant agreements, matters that shall be subject to confidentiality obligations.

Article 43 Party B's period of non-competition is from __ years _____ _____ days to _____ years _____ months _____ days. The scope of non-competition restrictions is ____________________, and the territory is ____________________. During the period of non-competition, Party A shall give Party B certain economic compensation. The specific standard is ______________, and the payment method is ___________. If Party B violates Article 42, Liquidated damages should be paid in ___________ yuan. If the liquidated damages are insufficient to cover the actual losses suffered by Party A, Party A reserves the right to recover the actual losses from Party B.

Chapter Twelve Labor Dispute Resolution

Article 44. Any dispute between Party A and Party B arising from the contract may be submitted to the labor arbitration committee of the locality where Party A is located for arbitration or filed a lawsuit with the people's court at the place where Party A is located.

Chapter XIII Other Provisions

Article 45 Party A's rules and regulations are the main subsidiary files of the contract, and their effectiveness is the same as the contract terms.

Article 46 If a contract is inconsistent with laws or regulations, or is inconsistent due to changes in laws and regulations, the current effective laws and regulations shall prevail.

Article 47 If there are any matters not covered by the contract, the parties agree otherwise, and the parties shall not agree on the laws, regulations and rules and regulations.

Article 48 Any "Labor Contract" signed by both parties before the entry into force of the contract shall automatically lapse from the date of signing the contract. In the case of other relevant agreements signed earlier, the "emergency contact" of the first part of the contract shall be deemed as the trustee of Party B. The trustee is entitled to accept reconciliation and mediation, and to obtain and sign the relevant documents.

Article 50. Party A and Party B shall separately agree on the terms:

A. ____________________________________________________________.

B. _________________________________________________________.

C. ____________________________________________________________.

Article 51 The contract shall be in triplicate, Party A shall hold two copies, and Party B shall hold one copy, which shall become effective upon signature by both parties.

person A person B: