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How to develop a self-employed labor contract


Party A:

Party B:

Employer and employee

According to the "Labor Law of the People's Republic of China" and the "Interim Measures for the Administration of Labor of Individual Industrial and Commercial Households and Private Enterprises in Beijing", both parties shall agree to voluntarily sign this contract and abide by the terms listed in this contract.

Article 1 The term of this contract begins on the day of the month and ends on the day of the year, in which the trial period is days.

Article 2 Party B agrees to work in Party A.

Article 3 Party A’s labor quality and quantity requirements for Party B are

Article 4 Party A shall pay Party B's salary in the form of currency on a monthly basis, and the wages shall not be low, and the wages during the trial period shall be yuan.

Article 5 Party A shall arrange for Party B's daily working hours to not exceed 8 hours, and no more than 40 hours per week. Party A shall guarantee Party B to rest at least one day. If the work needs to be extended for working hours, Party B shall agree to extend the working hours daily. 3 hours, no more than 36 hours per month.

Article 6 If Party A arranges for Party B to work overtime, Party A shall pay Jiamei plus wages according to law and pay wages according to the following criteria;

1. If the working hours are extended outside the legal working hours of the Japanese standard, the salary shall be paid in accordance with 150% of the hourly wage standard of Party B;

2. Work on rest days and pay wages in accordance with 200% of Party B's daily or hourly wage standard;

3. If you work in a statutory holiday, you should pay another 300% of the salary of Party B's daily or hourly wage.

Article 7 Both Party A and Party B shall pay social insurance premiums in accordance with the relevant provisions of the State and Beijing Municipal Social Insurance.

Article 8 Party A shall implement the state's laws and regulations on labor protection and provide Party B with labor safety and sanitation facilities. According to the needs of the types of work, Party B will be issued with labor protection supplies and labor tools necessary for production and work.

Article 9 Party A is responsible for handling personal accident insurance for Party B. The insurance period shall be determined by Party A in accordance with the period of the labor contract signed by both parties, and the amount of insurance shall be yuan.

Article 10 Party A shall give Party B a medical period of illness or non-work-related injury for the month, and Party B shall bear the medical expenses incurred by Party B during the medical treatment period.

Article 11 The labor discipline that Party B shall abide by is.

Article 12 If there is a major change in the objective conditions on which this contract is based, and the contract cannot be fulfilled, the relevant contents of this contract may be changed by the agreement of both parties.

Article 13 B has one of the following circumstances: Party A may cancel 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 14: In one of the following circumstances, A may cancel the contract, but Party B shall notify Party B in the form of a situation 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;

2. Party B’s labor does not meet the quality and quantity specified in the labor contract;

3. Party A and Party B cannot agree on the change of the contract in accordance with Article 12 of this contract;

Article 15 The parties to the contract may terminate the labor contract by consensus.

Article 16 If Party B terminates this contract, Party A shall notify Party A in the form of a situation 30 days in advance.

Article 17 In one 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 18 Party B shall have one of the following circumstances: Party A shall not terminate or terminate this contract:

1. Being sick or not injured by work during the medical period;

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

3. Suffering from occupational diseases or injuries caused by work and being confirmed to be lost or partially disabled.

Article 19 When the labor contract expires or Party A goes bankrupt, the labor contract is terminated.

Article 20 If Party A terminates Party B’s labor contract and Party A’s deduction or unreasonable arrears of Party B’s wages and refuses to pay Party B’s overtime work and wages in accordance with Articles 14 and 15 of this contract, Party A shall rely on the Ministry of Labor’s “Violation of The economic compensation method for the termination of the labor contract shall pay the economic compensation of Party B.

Article 21 If Party A terminates the labor contract in violation of the conditions stipulated in this contract or enters into an invalid labor contract due to Party A's reasons and causes damage to Party B, Party B shall compensate Party B for the loss according to the “Compensation Measures for Violation of the Labor Contract”.

Article 22 If Party B violates the conditions stipulated in this contract and terminates the labor contract or violates the conservative business secrets stipulated in this contract, and causes losses to Jiajia, Party B shall compensate Party A according to the Ministry of Labor's "Compensation for Compensation in the Relevant Labor Contracts". Party loss.

Article 23 Other contents agreed by the parties.

Article 24 If one of the parties requests the arbitration for the labor dispute arising from the performance of this contract, it shall apply to the labor dispute arbitration committee for arbitration within 60 days from the date of the labor dispute. Those who are dissatisfied with the ruling may file a lawsuit in the people's court.

Article 25 If the matters not covered in this contract or contrary to the relevant provisions of the State and Beijing Municipality in the future, they shall be implemented in accordance with relevant regulations.

Article 26 This contract is in two copies, one for each of Party A and Party B.

Party A signature

Party B signature

Date of signing: Year, month and day

Assurance authority

Assessor

Personal household labor contract related knowledge:

The scope of application of the Labor Contract Law in 2008 includes individual industrial and commercial households.

Article 2 This Law applies to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China that establish labor relations with laborers and conclude, perform, change, terminate or terminate labor contracts.

The individual economic organization here refers to the individual industrial and commercial households with employees.

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