Labor contract (foreign-invested enterprise 1)
Foreign investment enterprise labor contract model
Party name: ____
nature:____
address:____
phone:____
Legal representative: ____
Party name: ____
gender:____
age:____
Birthplace: ____
current address:____
Party B attributes:
Original fixed work
Contract manufacturing
Temporary work
identification number:____
×劳合号单位劳同书号
Party A agrees to recruit, hire and hire employees of the company after appraisal according to the relevant requirements of employment. The two parties agreed to sign this contract in accordance with the Labor Law of the People's Republic of China and agreed to the following terms:
First, work tasks and types of work:
Party B agrees to work in accordance with Party A's production needs, undertake work tasks, and is a work type. Party A has the right to adjust the work type of Party B due to changes in production conditions. If Party B believes that it is difficult to adapt to the adjusted position, job type, it can apply for resignation.
Second, the contract period and trial period:
The contract period shall be from the day of the ninth year to the year and month. When the trial period expires, Party A shall promptly evaluate Party B, and the qualified person shall be fixed at a fixed salary. If the qualification is unqualified, the party may be postponed or dismissed. If the expiration is not assessed, it is deemed qualified and the contract is fulfilled. Upon expiration of the contract period, the contract may be renewed with the consent of both parties.
Third, working hours, remuneration, insurance, welfare and political treatment:
1. Labor time: The daily work system is implemented every week. The hourly system is used every day. It is expected to work overtime every month, and the overtime time of the month does not exceed 36 hours.
2. Labor compensation:
According to the provisions of Party A, the wages of employees after the settlement of foreign exchange shall be implemented by Party A in accordance with the relevant provisions of the government. According to the position, responsibility, technical level and nature of work of Party B, it shall be tentatively set as the daily wage yuan × 25.5 = monthly salary yuan. The monthly salary increase for promotion to salary increases ranges from yuan to yuan.
If the piece-rate wage system is implemented, the monthly salary shall be settled according to the unit price of the piece. The specific measures may be agreed in the contracting column of the contract. Party A shall stop working for more than one consecutive day, or accumulate more than one day, and send it to Party B as a basic every day. living expenses. Party A shall issue wages at least once a month, and the monthly is the payday. If the amount of business arrears from the sixth day exceeds the specified date, Party B shall compensate Party B for the loss.
Bonus: It should be determined according to the economic benefits of the unit and the labor contribution of Party B. Generally, the monthly yuan to yuan; the year-end bonus is determined according to the benefits.
Overtime pay: The statutory holiday is %. The public holiday is % in peacetime. For night work, each class is issued to the Yuan as a day and night allowance.
3. Labor insurance and welfare benefits; 1 Party A must apply for retirement pension insurance, unemployment insurance and work injury insurance according to regulations, and pay insurance according to regulations; 2 Party B suffers from illness during the contract period or the contract expires but within the treatment period, A The party shall pay a certain proportion of wages according to its working age or accumulated insured working age: according to its working age or accumulated insured working age, a certain proportion of wages shall be paid: % below the year, year to year is %, year to year is %; For %, the medical expenses are reimbursed as %, or are sent to Party B for monthly use. If hospitalization is required, it should be approved by the company, and the medical expenses for hospitalization should be reported and sold. 3 Party B is a married female worker. During maternity leave, Party A will issue 100% monthly salary and living allowance and full attendance award. 4 During the contract period, Party B shall arrange for family visits once a year according to relevant regulations. Party A shall live in one place and live in a place with parents, and arrange home leave for each four years. Once, for a total of days. Temporary workers who have worked in Party A for more than one year and then renew their contracts may arrange for family leave to be made, and their family leave is a day; for more than one year, each year's family leave is a day, and during the period of granting family visits, monthly wages and various subsidies are issued. The toll is reimbursed according to regulations or the package is implemented. 5 For statutory holidays and for the marriage or funeral of Party B, Party A must regard Party B as the paid holiday as required; if it exceeds several days, it can be treated as leave, otherwise it will be processed as completed.
4. Political treatment: During the contract period, Party B has the right to participate in the staff meeting and the elected employee representative assembly, participate in political activities, technical and cultural studies, advanced selection, promotion and application, and participate in trade unions, party and group organizations. Party A shall allow Party B to participate in the activities of the above organizations without affecting production.
Fourth, labor protection and working conditions:
1. Party A must provide Party B with the production site and production tools. Party B's personal special tools shall be properly kept and the loss shall be depreciated according to the service life. 2. Party A must issue labor protection supplies in accordance with the relevant provisions of the State and the needs of Party B's work: ____ Lost and not supplemented; Health Food: ____. 3. Party A shall provide housing for Party B. The rent, water and electricity charges shall be paid by Party B. If the rent is charged according to the commercialization standard, Party A shall give Party B a housing subsidy. If the party solves the housing on its own, Party A shall give Party B a housing subsidy. Monthly is yuan; 4. Meal: If Party A runs the canteen, it will charge according to the cost of meals. If you do not have a canteen, if you are eating outside, the management fee will be paid by Party A. Party A will give Party B a monthly subsidy.
V. Labor discipline:
Party B must observe the following disciplines during the contract period; 1. Go to work on time. Must not be late and leave early; 2. Strictly follow the operating procedures to ensure safe production; The property of the unit shall not be damaged without reason, and shall not embezzle or steal the property of the unit; When you go to work, you must not do private affairs, and you must not read irrelevant books and newspapers; The quality and quantity are completed on duty and the task of the month, and no speculation is allowed; 6. Obey the command, obey the deployment, not to fight, swear, noisy, affecting the normal work order; There is something to ask for a report, and you are not allowed to do it yourself.
6. The dissolution of the contract and its responsibilities:
1. In any of the following circumstances, the labor contract may be terminated; 1 the two parties agree unanimously; 2 comply with the provisions of items 3 and 5 below of this article; 3 Party B expiration, does not meet the conditions of employment or I am unwilling to serve If Party B is sick or not injured due to work, it will not be able to resume normal work after being unable to resume work or adjust to work; 5 Party A is on the verge of bankruptcy and needs to be reduced during legal reorganization; 6 Party A is due to production and operation The technical conditions have changed, and the surplus personnel who cannot be adjusted by the competent labor department are confirmed;
2. In any of the following circumstances, the contract shall be released by itself: 1 Party A declares bankruptcy; 2 Party B is delisted, expelled, reeducated through labor or sentenced to imprisonment.
3. Party B may dismiss one of the following circumstances during the contract period: 1 Serious violation of labor discipline, affecting production and work order; 2 Violation of operating procedures, damage to equipment, tools, waste of raw materials, energy, and economic losses; 3 The service attitude is bad, harming the interests of consumers and affecting the reputation of Party A; 4 There are no criminal responsibilities for corruption, gambling, malpractice and other illegal acts; 5 unreasonable troubles, fighting and fighting, seriously affecting social order or committing other crimes Seriously wrong.
4. If Party B has one of the following circumstances, Party A shall not cancel the contract: 1 The contract period is not full, and it does not meet the conditions listed in Item 3 of Article 6 of this contract; 2 If it suffers from occupational disease or due to work injury, it cannot be cured and recovered. 3) sick or non-work-related injuries during the prescribed medical period; 4 female workers during pregnancy, maternity leave or lactation; 5 travel to Hong Kong, Macau, Taiwan or abroad to visit relatives within the prescribed holidays.
5. If Party A has one of the following circumstances, Party B may resign: 1 After adjusting the type of work, the professional engaged in the work is not correct, and the technical expertise cannot be used; 2 personality is insulted by the responsible person of Party A; 3 Party A does not pay wages for two consecutive months. Party A does not perform the labor contract, or violates national policies and regulations, and separates the legitimate rights and interests of workers; 5 confirmed by the relevant state departments, Party A's labor safety and sanitary conditions are poor, there is no effective protection measures, and the physical health of workers is seriously damaged; 6 With the consent of Party A, it is admitted to the secondary professional or higher school at its own expense; 7 with the approval of the relevant departments, it is settled in Hong Kong, Macao, Taiwan or abroad.
6. If either party terminates the labor contract or renews the labor contract, it shall notify the other party 30 days in advance and terminate or renew the contract in accordance with the relevant procedures.
7. If either party violates the contract and terminates the contract and causes economic losses to the other party, the other party has the right to pursue the direct economic responsibility of the other party according to its responsibilities and consequences; such as compensation for training fees or compensation to the other party's monthly salary.
8. If Party B meets one of the following circumstances, Party A shall issue compensation: 1 the labor contract shall be terminated upon the expiration of the contract; 2 the labor contract shall be terminated in accordance with the first, fourth, fifth, sixth and fifth paragraphs of the first paragraph of Article 6 of this contract. of. The subsidy standard shall be calculated according to the service age of Party B's service in Party A: for each full year, the average salary of one person in the year of termination of the labor contract shall be calculated; if it is less than one year after half a year, it shall be calculated according to one year of service; if less than half a year, Calculate the average salary for half a month.
9. If the labor contract is terminated in accordance with Article 6, paragraph 1 (4) of this contract, Party A shall send Party B a monthly medical subsidy for the actual paid wage.
7. Other matters that the parties believe need to be agreed upon:
1. ____
2. ____
8. If there are any discrepancies in the contract or the terms of the contract and the labor regulations and policies, it shall be implemented in accordance with the current labor laws and policies.
9. This contract shall become effective after the certification by the labor department from the date of signing, and the alteration or counterfeiting shall be invalid.
Party A's signature and seal: Party B's signature:
Signature of legal representative: Signature of the representative:
Contract signing time: year, month and day
Signature of the attestation officer:
Note: For the post of perennial production, the term of the labor contract is generally not less than three years, and the probation period is three to six months.
Upon expiration of this contract, if the parties agree to renew the contract, they shall re-take the contract signing and verification procedures.
This contract is made in two copies, one for each of Party A and Party B.
Party name: ____
nature:____
address:____
phone:____
Legal representative: ____
Party name: ____
gender:____
age:____
Birthplace: ____
current address:____
Party B attributes:
Original fixed work
Contract manufacturing
Temporary work
identification number:____
×劳合号单位劳同书号
Party A agrees to recruit, hire and hire employees of the company after appraisal according to the relevant requirements of employment. The two parties agreed to sign this contract in accordance with the Labor Law of the People's Republic of China and agreed to the following terms:
First, work tasks and types of work:
Party B agrees to work in accordance with Party A's production needs, undertake work tasks, and is a work type. Party A has the right to adjust the work type of Party B due to changes in production conditions. If Party B believes that it is difficult to adapt to the adjusted position, job type, it can apply for resignation.
Second, the contract period and trial period:
The contract period shall be from the day of the ninth year to the year and month. When the trial period expires, Party A shall promptly evaluate Party B, and the qualified person shall be fixed at a fixed salary. If the qualification is unqualified, the party may be postponed or dismissed. If the expiration is not assessed, it is deemed qualified and the contract is fulfilled. Upon expiration of the contract period, the contract may be renewed with the consent of both parties.
Third, working hours, remuneration, insurance, welfare and political treatment:
1. Labor time: The daily work system is implemented every week. The hourly system is used every day. It is expected to work overtime every month, and the overtime time of the month does not exceed 36 hours.
2. Labor compensation:
According to the provisions of Party A, the wages of employees after the settlement of foreign exchange shall be implemented by Party A in accordance with the relevant provisions of the government. According to the position, responsibility, technical level and nature of work of Party B, it shall be tentatively set as the daily wage yuan × 25.5 = monthly salary yuan. The monthly salary increase for promotion to salary increases ranges from yuan to yuan.
If the piece-rate wage system is implemented, the monthly salary shall be settled according to the unit price of the piece. The specific measures may be agreed in the contracting column of the contract. Party A shall stop working for more than one consecutive day, or accumulate more than one day, and send it to Party B as a basic every day. living expenses. Party A shall issue wages at least once a month, and the monthly is the payday. If the amount of business arrears from the sixth day exceeds the specified date, Party B shall compensate Party B for the loss.
Bonus: It should be determined according to the economic benefits of the unit and the labor contribution of Party B. Generally, the monthly yuan to yuan; the year-end bonus is determined according to the benefits.
Overtime pay: The statutory holiday is %. The public holiday is % in peacetime. For night work, each class is issued to the Yuan as a day and night allowance.
3. Labor insurance and welfare benefits; 1 Party A must apply for retirement pension insurance, unemployment insurance and work injury insurance according to regulations, and pay insurance according to regulations; 2 Party B suffers from illness during the contract period or the contract expires but within the treatment period, A The party shall pay a certain proportion of wages according to its working age or accumulated insured working age: according to its working age or accumulated insured working age, a certain proportion of wages shall be paid: % below the year, year to year is %, year to year is %; For %, the medical expenses are reimbursed as %, or are sent to Party B for monthly use. If hospitalization is required, it should be approved by the company, and the medical expenses for hospitalization should be reported and sold. 3 Party B is a married female worker. During maternity leave, Party A will issue 100% monthly salary and living allowance and full attendance award. 4 During the contract period, Party B shall arrange for family visits once a year according to relevant regulations. Party A shall live in one place and live in a place with parents, and arrange home leave for each four years. Once, for a total of days. Temporary workers who have worked in Party A for more than one year and then renew their contracts may arrange for family leave to be made, and their family leave is a day; for more than one year, each year's family leave is a day, and during the period of granting family visits, monthly wages and various subsidies are issued. The toll is reimbursed according to regulations or the package is implemented. 5 For statutory holidays and for the marriage or funeral of Party B, Party A must regard Party B as the paid holiday as required; if it exceeds several days, it can be treated as leave, otherwise it will be processed as completed.
4. Political treatment: During the contract period, Party B has the right to participate in the staff meeting and the elected employee representative assembly, participate in political activities, technical and cultural studies, advanced selection, promotion and application, and participate in trade unions, party and group organizations. Party A shall allow Party B to participate in the activities of the above organizations without affecting production.
Fourth, labor protection and working conditions:
1. Party A must provide Party B with the production site and production tools. Party B's personal special tools shall be properly kept and the loss shall be depreciated according to the service life. 2. Party A must issue labor protection supplies in accordance with the relevant provisions of the State and the needs of Party B's work: ____ Lost and not supplemented; Health Food: ____. 3. Party A shall provide housing for Party B. The rent, water and electricity charges shall be paid by Party B. If the rent is charged according to the commercialization standard, Party A shall give Party B a housing subsidy. If the party solves the housing on its own, Party A shall give Party B a housing subsidy. Monthly is yuan; 4. Meal: If Party A runs the canteen, it will charge according to the cost of meals. If you do not have a canteen, if you are eating outside, the management fee will be paid by Party A. Party A will give Party B a monthly subsidy.
V. Labor discipline:
Party B must observe the following disciplines during the contract period; 1. Go to work on time. Must not be late and leave early; 2. Strictly follow the operating procedures to ensure safe production; The property of the unit shall not be damaged without reason, and shall not embezzle or steal the property of the unit; When you go to work, you must not do private affairs, and you must not read irrelevant books and newspapers; The quality and quantity are completed on duty and the task of the month, and no speculation is allowed; 6. Obey the command, obey the deployment, not to fight, swear, noisy, affecting the normal work order; There is something to ask for a report, and you are not allowed to do it yourself.
6. The dissolution of the contract and its responsibilities:
1. In any of the following circumstances, the labor contract may be terminated; 1 the two parties agree unanimously; 2 comply with the provisions of items 3 and 5 below of this article; 3 Party B expiration, does not meet the conditions of employment or I am unwilling to serve If Party B is sick or not injured due to work, it will not be able to resume normal work after being unable to resume work or adjust to work; 5 Party A is on the verge of bankruptcy and needs to be reduced during legal reorganization; 6 Party A is due to production and operation The technical conditions have changed, and the surplus personnel who cannot be adjusted by the competent labor department are confirmed;
2. In any of the following circumstances, the contract shall be released by itself: 1 Party A declares bankruptcy; 2 Party B is delisted, expelled, reeducated through labor or sentenced to imprisonment.
3. Party B may dismiss one of the following circumstances during the contract period: 1 Serious violation of labor discipline, affecting production and work order; 2 Violation of operating procedures, damage to equipment, tools, waste of raw materials, energy, and economic losses; 3 The service attitude is bad, harming the interests of consumers and affecting the reputation of Party A; 4 There are no criminal responsibilities for corruption, gambling, malpractice and other illegal acts; 5 unreasonable troubles, fighting and fighting, seriously affecting social order or committing other crimes Seriously wrong.
4. If Party B has one of the following circumstances, Party A shall not cancel the contract: 1 The contract period is not full, and it does not meet the conditions listed in Item 3 of Article 6 of this contract; 2 If it suffers from occupational disease or due to work injury, it cannot be cured and recovered. 3) sick or non-work-related injuries during the prescribed medical period; 4 female workers during pregnancy, maternity leave or lactation; 5 travel to Hong Kong, Macau, Taiwan or abroad to visit relatives within the prescribed holidays.
5. If Party A has one of the following circumstances, Party B may resign: 1 After adjusting the type of work, the professional engaged in the work is not correct, and the technical expertise cannot be used; 2 personality is insulted by the responsible person of Party A; 3 Party A does not pay wages for two consecutive months. Party A does not perform the labor contract, or violates national policies and regulations, and separates the legitimate rights and interests of workers; 5 confirmed by the relevant state departments, Party A's labor safety and sanitary conditions are poor, there is no effective protection measures, and the physical health of workers is seriously damaged; 6 With the consent of Party A, it is admitted to the secondary professional or higher school at its own expense; 7 with the approval of the relevant departments, it is settled in Hong Kong, Macao, Taiwan or abroad.
6. If either party terminates the labor contract or renews the labor contract, it shall notify the other party 30 days in advance and terminate or renew the contract in accordance with the relevant procedures.
7. If either party violates the contract and terminates the contract and causes economic losses to the other party, the other party has the right to pursue the direct economic responsibility of the other party according to its responsibilities and consequences; such as compensation for training fees or compensation to the other party's monthly salary.
8. If Party B meets one of the following circumstances, Party A shall issue compensation: 1 the labor contract shall be terminated upon the expiration of the contract; 2 the labor contract shall be terminated in accordance with the first, fourth, fifth, sixth and fifth paragraphs of the first paragraph of Article 6 of this contract. of. The subsidy standard shall be calculated according to the service age of Party B's service in Party A: for each full year, the average salary of one person in the year of termination of the labor contract shall be calculated; if it is less than one year after half a year, it shall be calculated according to one year of service; if less than half a year, Calculate the average salary for half a month.
9. If the labor contract is terminated in accordance with Article 6, paragraph 1 (4) of this contract, Party A shall send Party B a monthly medical subsidy for the actual paid wage.
7. Other matters that the parties believe need to be agreed upon:
1. ____
2. ____
8. If there are any discrepancies in the contract or the terms of the contract and the labor regulations and policies, it shall be implemented in accordance with the current labor laws and policies.
9. This contract shall become effective after the certification by the labor department from the date of signing, and the alteration or counterfeiting shall be invalid.
Party A's signature and seal: Party B's signature:
Signature of legal representative: Signature of the representative:
Contract signing time: year, month and day
Signature of the attestation officer:
Note: For the post of perennial production, the term of the labor contract is generally not less than three years, and the probation period is three to six months.
Upon expiration of this contract, if the parties agree to renew the contract, they shall re-take the contract signing and verification procedures.
This contract is made in two copies, one for each of Party A and Party B.
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