Shenzhen Foreign Investment Enterprise Labor Contract
Shenzhen Foreign Investment Enterprise
Labor contract
Party name: ____ nature: ____
Address Telephone:____
legal representative:____
Party name: ____ Gender: ____ Age: ____
Birthplace: ____ Current address: ____
Party B attributes:
Original fixed work
Contract manufacturing
Temporary work
Commodity or rural food: ____ ID number: ____
Shen Laohe No. 03 unit labor union book number
Shenzhen Labor Bureau System
Party A, in accordance with the production requirements, in accordance with the relevant provisions of employment, after the assessment, agreed to recruit, hire, hire ____ as the company's employees. The two parties agreed to sign this contract in accordance with the Labor Regulations of the Guangdong Special Economic Zone and the Interim Provisions on Labor Management of Foreign-invested Enterprises in Shenzhen Special Economic Zone, and the terms of the agreement are as follows:
First, work tasks and types of work:
Party B agrees to take the work of Party A in the ____ position, undertake the ____ work task, and be the ____ job type. Due to the change of production situation, Party A has the right to adjust the work type of Party B. If Party B thinks it is difficult to adapt to the position, type of work, and can apply for resignation. .
Second, the contract period and trial period:
The contract period is from ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Party B shall be assessed, and those who pass the qualification shall be fixed at a fixed salary. If they fail, they 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: ____ day work system is implemented every week. The daily ____ hour system is estimated to be ____ hours of overtime every month. The overtime hours are over 48 hours. It must be approved by both parties.
2. Labor compensation:
According to the provisions of Party A, the wages of the employees after the settlement of foreign exchange shall be temporarily determined as the daily salary of ____ yuan × 25.5 days according to the actual conditions of the government and the actual conditions of the unit, according to the position, responsibility, technical level and nature of work of Party B. = monthly salary ____ yuan. The annual salary increase of the general salary increase 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 contract between the parties to the contract. Party A shall stop working for more than ____ days, or accumulate more than ____ days per month, and send it to Party B every day. Yuan as the basic living expenses. Party A shall issue wages at least once a month. The monthly ____ days shall be the payday, and the loss of Party B shall be compensated by 1% of the arrears of wages from the sixth day on the specified date.
bonus. It should be determined according to the economic benefits of the unit and the labor contribution of Party B, generally ____ yuan to ____ yuan per month; the year-end bonus is determined according to the benefits each year.
Overtime pay: ____% of the statutory day. The public holiday is ____% in peacetime. For night work, ____ yuan is issued per class as a night meal allowance.
3. Labor insurance and welfare benefits: 1 Party A must handle the retirement pension, unemployment insurance and industrial injury insurance of Party B as required, and pay the insurance premium according to the regulations; the tolls shall be reimbursed according to regulations or the contract system shall be implemented. 5 The statutory holiday and the marriage or mourning holiday of Party B. Party A must regard Party B as the paid holiday in accordance with the prescribed number of vacation days; if it exceeds the number of days, it can be treated as a 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, working conditions:
1. Party A must provide Party B with the production site and production tools. If it is a personal special tool of Party B, it should be properly kept and the loss should 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 compensated; 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. The monthly amount is ____ yuan; if Party B resolves the housing by itself, Party A shall give Party B a housing subsidy of ____ yuan per month; 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 meal allowance of ____ yuan per month.
V. Labor discipline:
Party B must observe the following disciplines during the contract period: 1. Going to work on time, not late and early leave; 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, and do not fight, swear, noisy. Affect normal working order; 7. 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 in this article of this contract; 3 the expiration of the trial period of Party B, does not meet the conditions of employment or I am unwilling to serve 4 Party B is sick or not injured by work, and can still not perform normal work after returning to work or adjusting work position; 5 Party A is on the verge of bankruptcy and needs to be reduced during legal reorganization; 6 Party A is due to production, operation and technology The conditions have changed, and the surplus personnel who cannot be adjusted by the Municipal Labor Bureau are confirmed;
2. In any of the following circumstances, the contract period 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 acts such as corruption, theft, gambling, malpractice and other illegal acts; 5 unreasonable troubles, fighting and fighting, seriously affecting social order or committing crimes There are other serious mistakes.
4. Party B shall have one of the following circumstances: A shall not cancel the contract: 1 the contract period is not full, and it does not meet the circumstances listed in item 3 of Article 6 of this contract; 2 suffers from occupational diseases or illnesses that fail to heal and restore health; 3 illness or non-work injury, within the prescribed medical period; 4 female workers during pregnancy, maternity leave and lactation period; 5 travel to Hong Kong, Macao, Taiwan or abroad to visit relatives within the prescribed holidays.
5. Party A may have one of the following forms: Party B may resign: 1 After adjusting the type of work, the professional engaged in the work is not correct, and the technical expertise may not 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 violates 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 must notify the other party one month in advance and follow the relevant procedures to terminate or renew the contract.
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 investigate the direct financial responsibility of the other party according to its responsibilities and consequences; such as compensation for training fees or compensation to the other party for ____ months of wages.
8. If Party B meets one of the following circumstances, Party A shall issue a subsidy: 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 Article 6, paragraph 1 of this contract. of. The subsidy standard is calculated according to the service age of Party B in Party A: for each full year, the average salary of one month in the year of termination of the labor contract is calculated; less than one year after half a year. Calculated according to the one-year working age; less than half a year, the average salary for half a month is calculated. .
9. If the labor contract is terminated in accordance with Article 6, paragraph 1 (4) of this contract, Party A shall send Party B the medical subsidy for the average real wage for ____ months.
7. Other matters that the parties believe need to be agreed upon:
1. ________________________________
2. ________________________________
3. ________________________________
4. ________________________________
5. ________________________________
8. If the matters not covered in this contract or the terms of the contract differ from the labor regulations and policies, they shall be implemented in accordance with the current labor laws and policies of the SAR.
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 signs and seals:
Signature of Legal Representative:
Signature of Party B:
Signed by the representative:
Contract signing time: __year__month__day
Signature of the attestation officer:
Seal of the attestation authority: __年__月__日
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.
Labor contract
Party name: ____ nature: ____
Address Telephone:____
legal representative:____
Party name: ____ Gender: ____ Age: ____
Birthplace: ____ Current address: ____
Party B attributes:
Original fixed work
Contract manufacturing
Temporary work
Commodity or rural food: ____ ID number: ____
Shen Laohe No. 03 unit labor union book number
Shenzhen Labor Bureau System
Party A, in accordance with the production requirements, in accordance with the relevant provisions of employment, after the assessment, agreed to recruit, hire, hire ____ as the company's employees. The two parties agreed to sign this contract in accordance with the Labor Regulations of the Guangdong Special Economic Zone and the Interim Provisions on Labor Management of Foreign-invested Enterprises in Shenzhen Special Economic Zone, and the terms of the agreement are as follows:
First, work tasks and types of work:
Party B agrees to take the work of Party A in the ____ position, undertake the ____ work task, and be the ____ job type. Due to the change of production situation, Party A has the right to adjust the work type of Party B. If Party B thinks it is difficult to adapt to the position, type of work, and can apply for resignation. .
Second, the contract period and trial period:
The contract period is from ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Party B shall be assessed, and those who pass the qualification shall be fixed at a fixed salary. If they fail, they 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: ____ day work system is implemented every week. The daily ____ hour system is estimated to be ____ hours of overtime every month. The overtime hours are over 48 hours. It must be approved by both parties.
2. Labor compensation:
According to the provisions of Party A, the wages of the employees after the settlement of foreign exchange shall be temporarily determined as the daily salary of ____ yuan × 25.5 days according to the actual conditions of the government and the actual conditions of the unit, according to the position, responsibility, technical level and nature of work of Party B. = monthly salary ____ yuan. The annual salary increase of the general salary increase 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 contract between the parties to the contract. Party A shall stop working for more than ____ days, or accumulate more than ____ days per month, and send it to Party B every day. Yuan as the basic living expenses. Party A shall issue wages at least once a month. The monthly ____ days shall be the payday, and the loss of Party B shall be compensated by 1% of the arrears of wages from the sixth day on the specified date.
bonus. It should be determined according to the economic benefits of the unit and the labor contribution of Party B, generally ____ yuan to ____ yuan per month; the year-end bonus is determined according to the benefits each year.
Overtime pay: ____% of the statutory day. The public holiday is ____% in peacetime. For night work, ____ yuan is issued per class as a night meal allowance.
3. Labor insurance and welfare benefits: 1 Party A must handle the retirement pension, unemployment insurance and industrial injury insurance of Party B as required, and pay the insurance premium according to the regulations; the tolls shall be reimbursed according to regulations or the contract system shall be implemented. 5 The statutory holiday and the marriage or mourning holiday of Party B. Party A must regard Party B as the paid holiday in accordance with the prescribed number of vacation days; if it exceeds the number of days, it can be treated as a 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, working conditions:
1. Party A must provide Party B with the production site and production tools. If it is a personal special tool of Party B, it should be properly kept and the loss should 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 compensated; 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. The monthly amount is ____ yuan; if Party B resolves the housing by itself, Party A shall give Party B a housing subsidy of ____ yuan per month; 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 meal allowance of ____ yuan per month.
V. Labor discipline:
Party B must observe the following disciplines during the contract period: 1. Going to work on time, not late and early leave; 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, and do not fight, swear, noisy. Affect normal working order; 7. 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 in this article of this contract; 3 the expiration of the trial period of Party B, does not meet the conditions of employment or I am unwilling to serve 4 Party B is sick or not injured by work, and can still not perform normal work after returning to work or adjusting work position; 5 Party A is on the verge of bankruptcy and needs to be reduced during legal reorganization; 6 Party A is due to production, operation and technology The conditions have changed, and the surplus personnel who cannot be adjusted by the Municipal Labor Bureau are confirmed;
2. In any of the following circumstances, the contract period 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 acts such as corruption, theft, gambling, malpractice and other illegal acts; 5 unreasonable troubles, fighting and fighting, seriously affecting social order or committing crimes There are other serious mistakes.
4. Party B shall have one of the following circumstances: A shall not cancel the contract: 1 the contract period is not full, and it does not meet the circumstances listed in item 3 of Article 6 of this contract; 2 suffers from occupational diseases or illnesses that fail to heal and restore health; 3 illness or non-work injury, within the prescribed medical period; 4 female workers during pregnancy, maternity leave and lactation period; 5 travel to Hong Kong, Macao, Taiwan or abroad to visit relatives within the prescribed holidays.
5. Party A may have one of the following forms: Party B may resign: 1 After adjusting the type of work, the professional engaged in the work is not correct, and the technical expertise may not 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 violates 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 must notify the other party one month in advance and follow the relevant procedures to terminate or renew the contract.
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 investigate the direct financial responsibility of the other party according to its responsibilities and consequences; such as compensation for training fees or compensation to the other party for ____ months of wages.
8. If Party B meets one of the following circumstances, Party A shall issue a subsidy: 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 Article 6, paragraph 1 of this contract. of. The subsidy standard is calculated according to the service age of Party B in Party A: for each full year, the average salary of one month in the year of termination of the labor contract is calculated; less than one year after half a year. Calculated according to the one-year working age; less than half a year, the average salary for half a month is calculated. .
9. If the labor contract is terminated in accordance with Article 6, paragraph 1 (4) of this contract, Party A shall send Party B the medical subsidy for the average real wage for ____ months.
7. Other matters that the parties believe need to be agreed upon:
1. ________________________________
2. ________________________________
3. ________________________________
4. ________________________________
5. ________________________________
8. If the matters not covered in this contract or the terms of the contract differ from the labor regulations and policies, they shall be implemented in accordance with the current labor laws and policies of the SAR.
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 signs and seals:
Signature of Legal Representative:
Signature of Party B:
Signed by the representative:
Contract signing time: __year__month__day
Signature of the attestation officer:
Seal of the attestation authority: __年__月__日
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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