Latest 2017 Labor Contract Model

The latest 2013 labor contract model has been presented in the face of the vast number of workers through legal knowledge. It is hoped that the majority of workers will protect their rights and interests in accordance with the law, earnestly study the labor contract law, sign a labor contract, and ensure that their legitimate rights and interests are protected.

Employer: Legal representative:

Employed person: ID number:

According to the "Labor Law of the People's Republic of China", the "Labor Contract Law of the People's Republic of China" and the relevant laws and regulations of the State, upon the equal consultation between Party A and Party B, the employment relationship relationship is established and this contract is voluntarily signed for mutual compliance. The terms listed in this contract:

First, the labor contract period, trial period

Article 1 The term of this contract is the term contract.

The effective date of this contract is from the date of the year to the day of the month. The previous month is the trial period, from the date of the year to the day of the month.

Second, the job, work content

Article 2 Party B agrees to engage in positions in departmental posts according to the needs of Party A's work, and concurrently serves.

Article 3 Party B shall conscientiously perform its duties in accordance with the job responsibilities determined by Party A, complete the tasks on time and meet the prescribed working standards.

Article 4 Party A shall have the right to adjust the work position or position of Party B according to the needs of the work and the performance and work ability of Party B. If the work needs, Party B may also arrange for Party B to work outside the place where Party A's residence is located. Party B is willing to obey the work arrangement and management of Party A.

Article 5 When Party B is unable to perform or is not suitable for the work of this position, Party A has the right to decide to train or adjust the position.

Third, working hours and rest, vacation

Article 6 Party A shall implement the standard working hours system according to law. Party B shall work 8 hours a day, and the working hours shall be extended to an average of no more than 44 hours per week.

Article 7 When Party A arranges for Party B to work overtime and add some work according to the needs of the work, Party A shall arrange for Party B to have the same rest time or pay overtime wages according to the state regulations.

Article 8 Party B shall enjoy the right to vacation on paid annual leave, spouse family leave, marriage and funeral leave, maternity leave, breastfeeding leave, and legal holidays in accordance with the provisions of the State and Party A, and implement the Saturday and Sunday rest periods.

Fourth, labor compensation

Article 9 The wages and remuneration shall be implemented in accordance with Party A’s wage system and assessment system. The monthly salary paid by Party A to Party B is not lower than the minimum wage in Xi'an.

Article 10 The monthly salary standard of Party B is Yuan Renminbi, and the probationary salary standard is % of monthly salary.

Article 11 Party A shall conduct regular assessments of Party B's work according to the operating conditions, rules and regulations, and the assessment system. According to the results of the assessment and the changes in the positions and positions of Party B, Party B's wages may be adjusted.

Article 12 Party A shall pay Party B's salary as pre-tax salary, and transfer the salary amount to Party B's salary account on the following month, and pay it to Party B in the form of bank payment, and Party A shall withhold and pay the individual according to the state regulations. Income tax.

Article 13 Party A shall raise or reduce the salary of Party B according to Party B's work conditions and rules and regulations.

1. Salary: When Party B has a special contribution to Party A or a promotion, Party A will increase the salary and increase the salary according to the year.

2, pay cut: in one of the following circumstances, depending on the plot to reduce the monthly salary or annual salary:

(1) Party B fails to complete the work task or the quality of work does not meet the standards as stipulated in this contract;

(2) Party B has caused mistakes in work or damage to reputation of Party A due to fault or negligence;

(3) When Party B is adjusted to reduce the duties of the job, the salary standard is determined according to the reduced job responsibilities;

(4) Violation of Party A's rules and regulations or attendance management system is late, early leave, absenteeism and leave for private matters.

V. Insurance and welfare benefits

Article 14 Party A shall pay Party B the basic social insurance expenses for basic pension, medical treatment, work injury, and childbirth according to the relevant provisions of the State, the province, and the municipality. Party A shall be responsible for withholding and paying the part of Party B’s expenses.

Article 15 If Party B suffers from illness or is not injured by work, the medical certificate of the designated hospital of Party A shall be entitled to medical treatment according to the relevant provisions of the State and Party A. The sickness and salary shall be implemented in accordance with the relevant provisions of the State and Party A.

Article 16 Party A shall ensure that Party B enjoys other legal welfare benefits in accordance with the relevant provisions of this unit.

6. Labor protection, working conditions and education and training

Article 17 Party A shall establish and improve work norms, work systems, labor safety and health systems, and job responsibilities and regulations in accordance with the relevant laws and regulations on labor protection in the State, and safeguard Party B's health and life safety during the labor process, and provide Party B with a compliance with the State. Workplace and labor tools for labor safety and health standards.

Article 18 Party A shall educate and train Party B on various rules and regulations such as professional ethics, business skills and labor safety according to the needs of the work.

7. Labor discipline

Article 19 Party B shall strictly abide by the laws and regulations of the state, abide by the professional ethics and the rules and regulations of Party A, consciously safeguard the legitimate rights and interests of Party A, obey the management of Party A, and protect the property of Party A.

Article 20 Party B shall abide by Party A's confidentiality system and keep Party A's commercial and technical secrets. Party B shall not disclose Party A's confidential information to any third party within the term of this contract or within two years of the contract.

Article 21 During the execution of this contract, Party B shall not work part-time in any other employer.

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

Article 22 Changes in the labor contract

In any of the following circumstances, the specific terms of this contract may be changed upon negotiation between the parties.

1. Changes in laws, regulations and rules on which the contract was concluded;

2. The structure of the personnel of Party A, the need for adjustment of work positions or changes in organizational structure;

3. Party B's work performance, knowledge and skills, physical condition, etc. cannot meet Party A's work requirements;

4. During the term of this contract, Party B shall participate in the study and training funded by Party A, and shall change or extend the term of the contract.

Article 23: The situation in which Party B terminates the labor contract

During the contract period, Party B may terminate the labor contract in any of the following circumstances.

1. During the trial period, Party B shall file the termination of the labor contract three days in advance;

2. Party B shall notify Party A in writing to terminate the labor contract 30 days in advance;

3. Party A fails to provide labor protection or necessary working conditions as stipulated in the labor contract;

4. Party A fails to pay social insurance premiums to Party B according to law;

5. Party A's rules and regulations violate the provisions of laws and regulations and damage the legitimate rights and interests of Party B;

6. The labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of the Labor Contract Law;

7. Party A forces Party B to work by means of threats of violence or illegal restrictions on personal freedom;

8. The law and administrative regulations stipulate that Party B can terminate other circumstances of the labor contract.

Party B shall go through the formalities of resignation with Party A before the labor contract is terminated.

Article 24: The situation in which Party A terminates the labor contract

1. If Party B has one of the following circumstances, Party A may terminate the labor contract:

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

Serious violation of Party A’s labor discipline and various rules and regulations;

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

Party B also establishes a labor relationship with other employers or part-time jobs abroad;

Corruption, misappropriation, and encroachment on Party A’s property are not criminally disposed of;

(6) having drug abuse or gambling habits;

(7) The labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of the Labor Contract Law.

(8) Being investigated for criminal responsibility or being reeducated by labor.

2. If Party B has one of the following circumstances, Party A may terminate the labor contract after additionally paying Party B's salary for one month:

(1) Party B is seriously ill or not injured by work, and cannot perform the original work after treatment, or may not engage in work otherwise arranged by Party A;

(2) Party B is unqualified or unable to perform the job in the examination and assessment of the position organized by Party A. After training or adjusting the position, Party B is still unable to perform the job;

(3) The objective situation based on the conclusion of the contract has undergone major changes, resulting in the inability to perform the labor contract. After consultation between the two parties, it is impossible to reach an agreement on changing the content of the labor contract;

(4) When Party A adjusts the position or position of Party B according to the provisions of Article 4 of this contract, Party B does not obey the work transfer and arrangement of Party A;

(5) The business situation of Party A is seriously difficult and needs to be laid off.

Article 25: Party A shall not terminate the labor contract:

1. Party B is sick or not injured due to work, and is in the necessary medical period;

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

3. Suffering from occupational diseases or injuries caused by work during the work of Party A and being confirmed to be lost or partially disabled;

4. Working in Party A for 15 years in a row, and less than five years from the statutory retirement age.

5. Other circumstances as stipulated by laws and administrative regulations.

Article 26 When the labor contract is terminated or terminated, Party B shall go through the formalities for the handover of work to Party A and return the tools, property and various texts and computer materials of Party A. Party A shall handle the transfer certificate and social security transfer procedures for Party B.

Article 27 Termination and renewal of a labor contract

Upon expiration of this contract, the labor relationship is naturally terminated. If it is necessary to renew, Party A shall notify Party B in writing 30 days in advance, and if Party A and Party B agree to renew the contract, Party A shall terminate the contract with Party B upon expiration of the labor contract. formalities.

IX. Liability for breach of contract

Article 28 If either party A violates the terms stipulated in the labor contract and causes losses to the other party, it shall be liable for breach of contract in accordance with the provisions.

Article 29 If Party B accepts Party A's capital contribution training, Party B shall be liable for breach of contract in accordance with Party A's regulations and training agreement if Party B defaults.

Article 30 If Party B fails to go through the formalities for handover of work as required, he shall be liable for damages for breach of contract.

Article 31 If Party B leaves Party A without issuing a certificate of separation for Party B as required, or fails to handle the transfer formalities of social insurance relationship for Party B, it shall be deemed to be in breach of contract. However, due to Party B's reasons, Party A cannot handle or deliver the above procedures.

X. Labor dispute handling

Article 32 If Party A and Party B perform labor disputes arising from this contract, the two parties shall resolve the dispute through consultation. If the negotiation fails, the parties may apply to the labor dispute arbitration institution for arbitration or file a lawsuit with the people's court.

XI. Other agreements

Article 33 The rules and regulations of Party A and the subsequent revisions and new rules and regulations at the time of signing this contract shall be attached files of this contract.

Article 34 The matters not covered in this contract shall be negotiated separately by the two parties.

person A person B:

Legal representative:

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