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Labor contract


Party A: ____________________________________

Address: ________________ Postal Code: ________________ Phone: ____________

Legal representative or delegate representative: ________________________ Position: ____________

Party B: ____________________________________

Gender: ________________ Age: ____________

Resident identity card number:________________________________

____ year month day

According to the Labor Law of the People's Republic of China, both parties have voluntarily signed this contract and agreed to abide by the terms of this contract.

First, the labor contract period

Article 1 This contract is a ________ contract.

The effective date of this contract is ____________________, where the probationary period ________

This contract is terminated by ________.

Second, the work content

Article 2 Party B agrees to work as a ________ position according to the needs of Party A's work.

Article 3 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.

Third, labor protection and working conditions

If the timed work system is implemented, Party A shall arrange for Party B's daily working hours to not exceed 8 hours, and the average weekly time shall not exceed 40 hours. Party A guarantees that Party B will rest at least one day per week. Party A may extend the working hours after consultation with the trade union and Party B due to the needs of the work. Generally, Party B shall not extend the working time for more than one hour per day. For special reasons, it is necessary to extend the working time to protect Party B's body. The extended working hours under healthy conditions shall not exceed 3 hours per day and shall not exceed 36 hours per month.

For the implementation of the comprehensive calculation of working hours, the average daily and average weekly working hours do not exceed the statutory standard working hours.

If the work system is not operated regularly, Party B shall arrange for work and rest and vacation.

Article 5 Party A shall extend the working hours of Party B and shall arrange for Party B to retreat at the same time or to pay overtime according to law.

Article 6 Party A shall provide Party B with the necessary labor conditions and labor tools, establish and improve the production process, and formulate operational procedures, work practices and labor safety and health systems and their standards.

Party A shall organize Party B to conduct health check in accordance with the regulations of the state or city authorities.

Article 7 Party A shall be responsible for educating and training Party B on political thought, professional ethics, business technology, labor safety and health, and related rules and regulations.

Fourth, labor compensation

Article 8 Party A's wage distribution shall follow the principle of distribution according to work and implement equal pay for equal work.

Article 9 If the time-based work system or the comprehensive calculation of working hours is implemented, Party B shall complete the prescribed tasks. Party A shall pay Party B's wages in full amount in monetary terms on the _______ basis per month, and the salary shall not be less than ____ yuan, of which the probation period Salary ____ yuan.

The wages of the unscheduled work system are ________ yuan.

Article 10 If Party A arranges Party B to work overtime or extend the working time beyond the provisions of Article 4, paragraph 2 of this contract, it shall pay wages in accordance with Article 44 of the Labor Law.

Article 11 If Party A's production tasks are insufficient and Party B is laid off for work, Party A shall ensure that Party B's monthly living expenses are not less than ________ yuan.

V. Insurance benefits

Article 12 Both Party A and Party B shall pay the employee care, unemployment and major illness medical care and other social insurance expenses in accordance with the relevant provisions of the state and municipal social insurance.

Party A shall fill in the "Employee Pension Insurance Manual" for Party B. The two parties canceled and terminated the labor contract, and the "Employee Pension Insurance Manual" was transferred in accordance with relevant regulations.

Article 13 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 14 The wages and medical insurance benefits of Party B suffering from occupational diseases or injuries caused by work shall be implemented in accordance with relevant state regulations.

Article 15 Party A shall provide Party B with the following benefits:

6. Labor discipline

Article 16 Party B shall abide by the rules and regulations stipulated by Party A according to law; strictly abide by labor safety and hygiene, production technology, operating procedures and work norms; protect Party A's property and abide by professional ethics; actively participate in Party A's training and improve thinking Awareness and professional skills.

Article 17 If Party B violates labor discipline, Party A may, according to the rules and regulations of the unit, give disciplinary action until the contract is terminated.

7. Change, termination, termination, renewal of the labor contract

Article 18 The laws, administrative regulations, rules and regulations on which this contract is concluded shall be changed, and the relevant contents shall be changed in this contract.

Article 19 If the objective situation on which the contract is based is changed significantly, and the contract cannot be fulfilled, the relevant contents of this contract may be changed by the agreement of both parties.

Article 20 This Agreement may be dissolved by mutual agreement between Party A and Party B.

Article 21 Party B may cancel one of the following circumstances: Party A may terminate this contract:

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

2. Serious violation of labor discipline or Party A's rules and regulations;

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

4. Being investigated for criminal responsibility according to law.

Article 22 One of the following circumstances, Party A may terminate this contract, but Party B shall notify Party B in writing 30 days in advance:

1. Party B is sick or not injured by work. After the medical period expires, he cannot work in the original work or work in another place arranged by Party A;

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

3. The parties cannot agree on the change of the contract in accordance with the provisions of Article 19 of this contract.

Article 23 If Party A is on the verge of bankruptcy for legal rectification or has serious difficulties in production and operation, after explaining the situation to the trade union or all employees, listening to the opinions of the trade union or employees, and reporting to the labor administrative department, this contract may be terminated.

Article 24 Party B shall have one of the following circumstances: Party A shall not terminate or terminate this contract in accordance with Articles 22 and 23 of this contract:

1. Being sick or not injured by work, within the prescribed medical period;

2. Female employees during pregnancy, childbirth, and lactation;

3. Demobilized demobilized conscripts and construction of land-expropriated rural migrant workers have not participated in the initial work for less than 3 years;

4. During the period of duty during military service;

Article 25 If Party B suffers from occupational diseases or is injured by work, the medical treatment is terminated. If it is confirmed by the labor appraisal committee at or above the county level that it is completely or partially incapacitated, it shall be handled according to ____________ and shall not be based on Articles 22 and 20 of this contract. Three pieces of labor contract cancellation.

Article 26 If Party B terminates the labor contract, Party B shall notify Party A in writing 30 days in advance.

Article 27 In any of the following circumstances, Party B may at any time notify Party A to terminate the contract:

1. During the trial period;

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

3. Party A shall not pay labor remuneration or provide working conditions in accordance with the provisions of this contract.

Article 28 The term of this contract expires and the labor contract is terminated. The parties express their intention to renew their consent to the other party ____ days before the expiration of this contract. Party A and Party B may renew the labor contract upon agreement.

Article 29 If a labor contract without a fixed term is concluded, Party B shall reach the statutory retirement age or the termination conditions agreed by both parties shall be terminated.

8. Economic compensation and compensation

Article 30 In case of any of the following circumstances, if Party A violates or terminates Party B's labor contract, Party B shall pay Party B's economic compensation according to the following criteria:

1. 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 within the prescribed time, it shall also add an economic compensation equal to 25% of the salary. gold;

2. If Party A pays Party B's wages and salaries less than the city's minimum wage, it shall pay an amount equal to less than 25% of the economic compensation while making up the standard portion.

Article 31 In one of the following circumstances, Party A shall, according to Party B's working years in Party A, issue an economic compensation equivalent to one-fourth of the average salary of Party B for the first 12 months prior to the termination of this contract, up to a maximum of 12 Month:

1. After negotiating with Party B, Party A shall terminate the labor contract:

2. Party B is not qualified for the job. After training or adjustment, the work is still not up to the job, and Party A terminates the labor contract.

Article 32 In any of the following circumstances, Party A shall, in accordance with Party B's working years in Party A, issue an economic compensation equivalent to one month's monthly average salary of the unit for the previous year:

1. If Party B suffers from illness or is not injured by work, the Labor Appraisal Committee confirms that it cannot perform the original work, nor can it engage in the work arranged by Party A to terminate this contract;

2. The objective situation on which the labor contract was based was significantly changed, resulting in the inability of the contract to be fulfilled. After the parties negotiated, the agreement could not be reached on the change of the labor contract, and Party A terminated the labor contract;

3. Party A is on the verge of bankruptcy during the statutory rectification period or the production and operation situation is seriously difficult, and personnel must be reduced.

In the above three cases, if the average monthly salary of the 12 months before the cancellation of this contract is higher than the average monthly salary of the unit in the previous year, it shall be calculated according to the average monthly salary of the person.

Article 33 If Party A fails to give Party B 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 When paying Party B's economic compensation, Party B shall issue compensation to the Party in accordance with the standard of one year after Party A's working time is less than one year.

Article 35 If Party B is sick or not injured by work, if the labor appraisal committee confirms that it cannot perform the original work, nor can it engage in the work arranged by Party A and terminates the contract, Party A shall also send Party B no less than the enterprise. The per capita salary of the previous year was 6 months of medical subsidy. In the case of serious illness and terminal illness, medical compensation should also be increased. The increase in serious illness is not less than 50% of the medical subsidy, and the increase in terminal illness is not less than 100% of the medical subsidy.

Article 36 If Party A violates the conditions stipulated in this contract and terminates the labor contract or the invalid labor contract concluded by Party A, causing damage to Party B, it shall be liable for compensation according to the degree of loss.

Article 37 If Party B violates the conditions stipulated in this contract and terminates the labor contract or violates the contractually agreed trade secrets, and causes economic losses to Party A, it shall be liable for compensation according to the degree of the loss.

Article 38 If Party B terminates this contract, any personnel who are funded by Party A for training and recruitment shall pay the training and recruitment fees to Party A. The standard is: 20% declining of the total training fee and the total acceptance fee for each year of service; no payment is paid for the service for 5 years.

9. Labor dispute handling

Article 39 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 the mediation fails, if one of the parties requests arbitration, it shall work within 6,000 days from the date of the labor dispute. The Dispute Arbitration Commission applies 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.

X. Other agreements

Article 40 The following rules and regulations of Party A ____________________________ are attached files of this contract.

Article 41 If the matters not covered in this contract are contrary to the relevant provisions of the State, they shall be implemented in accordance with relevant regulations.

Article 42 This contract shall be made in two copies, one for each party.

person A person B________________

Representative: ________________ Representative: ________________

____ year ____ month ____ day ____ year ____ month ____ day

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