Labor contract (3)

Labor contract

Party A: ______
Party B: ______
Date of signing: __year__month__day
person A person B
Educational level
gender
Legal representative date of birth __year__month__day
Or entrusted agent resident ID number
Participate in the working hours of this unit
__year month day
Postal code
Party A's address home address
Sub-district office

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 The term type of this contract is a ____ term contract.

The effective date of this contract __year__month__day, where the trial 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

Article 4 Party A shall arrange for Party B to implement the ____ work system.

In the case of a regular work system, Party A shall arrange for Party B to work no more than eight hours a day, with an average of no more than forty-four hours per week. Party A guarantees that Party B shall have at least one day off per week. Party A may extend the working hours after consultation with the Trade Union and Party B due to work needs. 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 shall not exceed three hours per day and shall not exceed thirty-six 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 arrangements health systems and standards.

Party A shall organize Party B to conduct health check in accordance with the regulations of the state or relevant departments of Beijing.

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 Party B, which implements the regular working system or the comprehensive calculation of working hours, completes the prescribed tasks. Party A shall pay Party B's salary in full in monthly currency on the __ day, and the salary shall not be less than __ yuan, of which the salary during the trial period is __ yuan.

The salary for performing the irregular work system is __ 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 Because Party A's production tasks are insufficient, and Party B is laid off for work, Party A guarantees 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 Beijing Municipal Social Insurance.

Party A shall fill in the "Employee Pension Insurance Manual" for Party B. After the two sides terminate or terminate the labor contract, the "Employee Pension Insurance Handbook" is transferred in accordance with relevant regulations.

Article 13 If Party B is sick or not injured by work, his sick pay, sickness relief and medical treatment shall be implemented in accordance with __.

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 the relevant provisions of the State and Beijing Municipality.

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 formulated 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 and rules 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 for employment;
2. Serious violation of labor discipline or Party A's rules and regulations;
3. Serious dereliction of duty, malpractice and malpractice, causing significant 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 engage 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. The demobilized demobilized conscripts and the construction of land-expropriated rural migrant workers have not participated in the initial work for less than three years;
4. During the duty of military service:

Article 25 If Party B suffers from occupational diseases or is injured by work, and the medical treatment is terminated, if the city, district or county labor appraisal committee confirms that it has lost its ability to work in whole or in part, it shall be handled according to ______, and shall not be based on Articles 22 and 2 of this contract. Article 13 The labor contract is terminated.

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 this 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 cannot 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 to extend the working time wages and remuneration, in addition to paying Party B’s salary in full within the stipulated time, it shall add an additional 20% of the salary. Economic compensation for five;

2. If Party A's payment of Party B's salary is lower than the minimum wage standard of this Municipality, it shall pay an economic compensation equivalent to less than 25% of the amount while supplementing the substandard portion.

Article 31 One of the following circumstances, Party A shall, according to Party B's working years in Party A, pay 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. Twelve months:

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 adjusting the position, Party B is still unable to perform the job. Party A shall terminate 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 is sick or 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 for statutory rectification or serious difficulties in production and operation, and personnel must be laid off.

In the above three cases, if the average monthly salary of the 12 months before the termination 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 of 50% of the amount of the economic compensation.

Article 34 When paying Party B's economic compensation, Party B shall issue economic compensation to Party A in accordance with the standard of one year when the working time of Party A 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 work in 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 medical subsidy for the six months of per capita monthly salary in the previous year. Medical insufficiency should also be increased in cases of serious illness and terminal illness. 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 terminates the labor contract or violates the conservative business secrets stipulated in this contract in violation of the conditions stipulated in this contract, 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 Party A the training fee and the recruitment fee. The standard is: 20% of the total amount of training fees and recruitment fees for each year of service; the service will not be repaid in five 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 file a dispute with the ____ within sixty days from the date of the labor dispute. The 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.

Ten, other

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 or Beijing in the future, they shall be implemented in accordance with relevant regulations.

Article 42 This contract is divided into two points, one for each party.

Party A’s forensic authority’s attestation
Legal representative
Or authorized agent
Forensic time: year, month and day
Date of signing: year, month and day

Labor contract instructions

Article 1 of the first paragraph selects one from the "fixed term, no fixed term, and the completion of certain work."

A labor contract with a fixed period of time stipulates a specific and clear start date and termination date and a labor contract; a labor contract with no fixed term refers to a labor contract that does not specify a specific effective time; labor that is completed within a certain period of time A contract is a period of time for completing and ending a contract by completing a job and project.

The effective date of Article 2 may be later than or equal to the date of this contract. The trial period is included in the contract period and may not exceed 6 months.

The first paragraph of the third paragraph fills in the content and the corresponding paragraph: the fixed term contract is filled in the contract "end date"; there is no fixed term contract to fill out the contract "when the specified contractual conditions appear, the labor contract" is terminated; the contract is completed for a certain period of time Fill in the work completion criteria.

Article 2 shall fill in the “name of the post or job type” held by Party B.

Article 3 Party A shall use written instructions or sign a job agreement for Party B's post requirements.

Article 4, paragraph 4, selects one of “timed, comprehensive calculation of working hours, irregular time”.

The timed work system refers to the working time system implemented by Party B whose scope of duties can be limited by the fixed working hours; the comprehensive calculation of working hours and the irregular working system refers to the work performed by Party B whose terms of reference cannot be restricted by the working hours. Time system.

In the ninth paragraph of paragraph 1, “monthly __ day” fills in the date of paying by Party A.

The social insurance in Article 12 is implemented in this Municipality with pension, unemployment insurance and medical care for major illnesses. Other social insurance is implemented according to the regulations of the State and this Municipality.

Article 13 shall fill in the name of the file of the relevant treatment for Party B's illness or non-work-related injury.

Article 15 The welfare of Party B is the welfare provided by Party B to Party B.

The "objective situation" in Article 19 refers to other circumstances in which force majeure occurs or all or part of the labor contract cannot be fulfilled.

The "serious violation of labor discipline" in Article 21, paragraph 2, may be determined in accordance with the "Regulations on Enterprise Workers' Rewards and Punishments" and "Interim Provisions on Dismissal of Disciplinary Workers by State-Owned Enterprises" and other relevant regulations. The “significant damage” of the three paragraphs is stipulated by the internal rules and regulations of the enterprise. The "prosecution of criminal responsibility according to law" of the 4th section means that it is exempted from prosecution by the people's procuratorate; if it is sentenced by the people's court, it shall be exempted from criminal punishment by the people's court in accordance with Article 32 of the Criminal Law.

Article 22, paragraph 2, “Incompetent Work” means that the tasks agreed in this contract or the workload of the same type of work and personnel in the same position cannot be completed as required.

The “statutory period of rectification” in Article 23 refers to the period of rectification in accordance with the bankruptcy procedure of the Bankruptcy Law and the Civil Procedure Law. “Difficulties in production and management” were determined according to the criteria for severely difficult enterprises in Beijing.

Article 25: Fill in the applicable file name.

Article 35 The name of the labor dispute arbitration committee that accepts labor disputes shall be filled out.

Article 40: Fill in the names of the labor disciplines, rules and regulations, etc. that Party B should abide by.

Other notes:

1. The parties shall supplement the provisions listed in this contract with other contents agreed upon by the parties, which may be stated after the corresponding clauses.
2. This model contract is only for reference when the employer formulates the labor contract;
3. The labor contract should be filled in with a pen or a brush and should not be altered at will.