Fan Wen Daquan > Contract Model > Labor Contract Model

Labor contract model


Chapter 1 General Provisions Article 1 Beijing Co., Ltd. is a legally incorporated company established in Beijing, China. It is currently employed by Mr./Miss and the ID number is the employee contract of Party A.

Article 2 Both Party A and Party B shall unanimously agree to sign this labor contract in accordance with the Labor Law of the People's Republic of China and other relevant laws and regulations, and strictly abide by the principle of voluntariness, equality and consultation.

Chapter II Term of Service and Term of Contract Article 3 The term of service specified in this labor contract is the year. The contractual term of the labor contract is consistent with the service period.

Article 4 The trial period of this labor contract is one month.

Article 5 After the probation period expires, Party A shall officially employ Party B until the expiration of the contract.

Chapter III Jobs and Job Responsibilities Article 6 Party A shall arrange for Party B to work in the department.

Article 7 Party A may adjust Party B's work position according to the needs of work or Party B's training assessment and performance appraisal, and refer to Party B's professional knowledge, experience, ability and performance. Party B shall obey Party A's arrangements.

Article 8 Party B shall complete the work in time, quality and quantity according to the job responsibilities and work requirements determined by Party A.

Chapter IV Labor Remuneration, Labor Insurance and Other Rights Article 9 Party A implements the post salary system. Party A determines that Party B’s annual salary for the first year is RMB 10,000 and is paid monthly. From the second year onwards, Party B's annual salary will increase by 20% annually. Party B's income is pre-tax income, and personal income tax is paid by Party B in accordance with the law.

Article 10 The paying date determined by Party A is 15th of the next month. If the payday is a holiday, Party A will postpone the payroll to the nearest working day.

Article 11 Party A implements the state's policy provisions on labor insurance and employee benefits.

Article 12 Party B has the right to reimburse the expenses of personal consumption to Party A within a certain amount range, and the amount is set at 10,000 yuan per year. The specific reimbursement plan is: In addition, after the year-end final settlement, if Party B completes the work index, Party B has the right to divide 10% of the year-end profit is used as a reward. Party B's income is pre-tax income, personal income tax, and Party B is responsible for paying according to law.

Chapter V Working Hours Article 13 According to the state regulations, Party A shall implement a 40-hour weekly working system with 8 working hours per working day.

Article 14 If Party A requires Party B to work overtime due to work needs, Party B must cooperate without special reasons. Party A will no longer pay the overtime fee to Party B, but may give the corresponding time to change.

Article 15 Party B shall enjoy all the statutory holidays prescribed by the State. Party B's sick leave and leave shall be handled in accordance with the provisions of Party A.

Chapter VI Labor Discipline, Reward and Punishment Article 16 Party B shall abide by Party A's “Employee Handbook” and Party A's other forms of labor discipline reduction work codes, procedures, policies or instructions to safeguard Party A's reputation and interests.

Article 17 Without the permission of Party A, even in the spare time, Party B shall not engage in any activities similar or identical to those of Party A in any way or for any purpose, or be employed by any other individual, company or enterprise. If Party B’s actions simultaneously violate Party A’s confidentiality provisions, the specific treatment shall be referred to the provisions of Chapter 8 of the contract.

Article 18 Party B shall strictly abide by Party A's confidentiality regulations.

Chapter VII Relief and Cannot Release the Contract Article 19 If one of the following circumstances is met, Party A may cancel this contract and dismiss Party B: 1. During the probation period; 2. Party B seriously dereliction of duty, malpractice, or disclosure Trade secrets, causing major damage to Party A's interests; 3. Party B shall be dismissed according to the provisions of the “Employee Handbook”; Party B shall not be qualified for work. After training or adjustment of work positions, it is still not competent for work. 5. Party B cannot be engaged in the original work after the prescribed medical period due to illness and non-work-related injuries; and Party A is unable to perform other designated tasks after the prescribed medical period expires; 6. Party A has redundant personnel due to changes in production and operation and production plans. ; 7, Party A announced the dissolution or the expiration of the business.

Article 20 In any of the following circumstances, Party A shall not cancel this contract and dismiss Party B: 1. Party B is sick or not injured due to work in the medical period prescribed by the Labor Law; 2. Party B is treated for work injury or occupational disease, During the period of recuperation and after the end of medical treatment, the labor appraisal committee confirms that part or all of the labor capacity is lost; 3. Party B who plans to give birth is in the prescribed period of pregnancy, childbirth and breastfeeding; 4. The labor contract period is not full, and the contract is not in compliance with the contract. Article 21 provides for the provisions of Article 19; if one of the following circumstances occurs, Party B may cancel the contract; 1. During the trial period; 2. Confirmed by the relevant state departments, Party A’s labor safety, poor sanitary conditions, serious Party B shall not pay Party B the labor remuneration for more than 30 days in accordance with the contract; Article 22 shall be discharged by itself if one of the following circumstances occurs: 1. Party B is seriously derelict, private Fraud, causing significant damage to the interests of the employer; 2. Party B is investigated for criminal responsibility or being reeducated by labor; Article 23 If Party A proposes to terminate the labor contract, According to Chapter VII Article 19, paragraph 2, 3 may terminate this contract beyond that line, shall be 30 days prior written notice to Party B.

Article 24 If Party B is required to extend the contract period or make additional provisions during the period of this contract, Party A and Party B shall sign an agreement. If Party B is funded by Party A and has worked for less than one year after the training period and training, Party B shall be dismissed or resigned on its own behalf. Party B shall compensate Party A for the training fee, unless otherwise agreed in writing by the parties.

Chapter VIII Confidentiality Provisions Article 25 Party B has the obligation to keep Party A's trade secrets. As the business relationship between Party A and its customers is one of the important assets of Party A. Therefore, Party B must keep Party A's trade secrets during the contract period or after the contract is terminated. Trade secrets include, but are not limited to, Party A's business conditions, price information, customer information, contact lists of full-time and part-time personnel of Party A, market development methods and techniques, product conception, finance, production, technology, personnel, salary, bonus, etc. . If Party B requests to terminate the labor contract, Party B shall terminate the labor contract with an advance notice period of three months. During this period, Party A may take appropriate measures to remove the confidentiality.

Party A and Party B agree that the following information does not belong to Party A's trade secrets: 1. When Party B obtains information from Party A, Party A has obtained such information through legal channels and shall produce documents or other evidence to prove it; 2. Party B obtains from Party A. This information has been made publicly available.

If Party B has any of the following five situations, it shall be deemed that Party B has a breach of Party A's conduct: 1. Party B is self-employed or operates for others to compete with Party A during the contract period; or in this contract During the period, it is employed in full or part-time manner in individuals, companies or enterprises that are partially or wholly operating in the same or the same business as Party A.

2. During the period of this contract and within three years after the end of the contract, Party B shall not disclose or sell Party A's trade secrets to Party A within any means and for any purpose without the written permission of Party A. Other personnel or any third party.

3. During the period of this contract and within three years after the end of the contract, Party A shall contact any customer who has had any business contact with Party A in any form and without any written permission from Party A to provide A similar or identical service to undertake business or induce Party A's customers to leave Party A. Such customers who have had business contacts with Party A include customers who have not purchased Party A products or services.

4. During the term of this contract and after the conclusion of the contract, Party B shall not copy or record any of the Company's trade secrets that have been contacted during the period of employment without Party A's written permission.

5. After the employment relationship ends, Party B has not returned any company property held by Party B to Party A within three days.

Once Party B has a breach of confidentiality, Party B agrees: Party B shall bear all the liability for compensation, that is, bear all direct and indirect economic losses of Party A, and other related expenses such as lawyer's fees; Party A shall recover Party B's income from violation of the provisions of this chapter. And pay a fine of RMB 10,000 to Party A.

Chapter IX Responsibilities for Breach of Contracts Article 26 Party B shall abide by the rules of service, duties, work procedures and safety production systems prescribed by Party A. If Party B causes economic losses to Party A due to violation of a certain regulation or its work mistakes, it shall be compensated.

Article 27 If either party to Party B or Party breaches the contract and causes economic losses to the other party, it shall bear economic responsibility. The specific compensation costs shall be determined by the non-defaulting party according to the responsibility of the defaulter and the economic losses caused to the other party. If Party B’s dismissal, delisting, or dismissal of Party B causes the labor relations of both parties to be eliminated due to Party B’s violation of discipline, Party B shall be in violation of the law and terminate the labor contract.

Article 28 Party B shall serve Party A within the service period stipulated in this contract. If Party B resigns or resigns without the permission of Party A during the service period, or because Party B meets Article 19, Article 1 of Chapter VII If Party B, Party 2, 3, 4, and 5 are terminated by Party A, Party B shall pay Party A the liquidated damages. When Party B is not satisfied with the work of Party A for the following year, Party B shall pay Party A a liquidated damages of RMB 10,000; when Party B has worked in Party A for a full year but is less than a leap year, Party B shall pay Party A a liquidated damages fee; Party B shall work in Party A. If the year is full but not the next year, Party B shall pay Party A a liquidated damages of RMB 10,000. The above liquidated damages shall be paid by Party B to Party A within one week after Party B submits its resignation report in writing, resigns or is dismissed. Only after Party B has paid all the liquidated damages to Party A, Party A can begin to handle Party B's formalities for withdrawal.

Chapter X Labor Disputes Article 29 If both Party A and Party B have a labor dispute in the course of performing this contract, they shall be dealt with according to the following labor disputes: 1. Both Party A and Party B shall resolve the dispute through negotiation; 2. When the negotiation fails, the party to the dispute shall Or both parties shall apply for arbitration in the labor dispute arbitration committee of Party A; 3. The party who disagrees with the arbitral award may file a lawsuit with the local people's court of Party A within fifteen days from the date of receipt of the arbitration judgment.

Chapter XI Other Article 30 The matters not covered in this contract shall be dealt with in accordance with the provisions of relevant laws and regulations.

Article 31 Party B solemnly declares that it has fully understood the contents of the Labor Contract and agreed to abide by all the provisions of the Labor Contract and other rules and regulations.

Article 32 Party A has the right to modify, adjust or supplement the contents of the Labor Contract through consultation according to the needs of the company's operation and management, and agree to abide by the revised, adjusted or supplemented new Labor Contract. .

Article 33: Other matters that both Party A and Party B consider necessary: ​​Article 34 This contract is in duplicate, and both parties shall take effect after signing, and the two contracts shall have the same legal effect. Any party who proposes to change the terms of the contract must be agreed by both parties to sign a written agreement.

Article 35 If the terms of this contract are contrary to national laws, regulations and policies, the state, regulations and policies shall prevail.

Party A: Representative Signature Party B Signature Date Year Month Day Date

recommended article

popular articles