Beijing Labor Contract Model

Party A

Legal representative

Or authorized agent

Party A address

Party B

Educational level

gender

Date of birth----year--month--day

Resident identity card number

Postal code

Home address

Sub-district office

According to the Labor Law of the People's Republic of China, both parties have voluntarily signed this contract and agreed to abide by the terms of this contract.

First, the labor contract period

Article 1 The term type of this contract is ----- term contract.

The effective date of this contract - year - month - day, where the trial period - month.

This contract -------- terminated.

Second, the work content

Article 2 Party B agrees to serve as a post-job work according to the needs of Party A's work.

Article 3 Party B shall, in accordance with the legal requirements of Party A, complete the required number of work on time and meet the prescribed quality standards.

Third, labor protection and working conditions

Article 4 Party A shall arrange for Party B to implement the work system.

In the case of a regular work system, Party A shall arrange for Party B to work no more than eight hours a day, with an average of no more than forty-four hours per week. Party A guarantees that Party B will have at least one day off per week. Party A may extend the working hours after consultation with the trade union and the party due to work needs. Generally, it shall not exceed one hour per day. For special reasons, it is necessary to extend the working time to protect Party B's body. The extended working hours under healthy conditions shall not exceed three hours per day and shall not exceed thirty-six hours per month.

For the implementation of the comprehensive calculation of working hours, the average daily and average weekly working hours do not exceed the statutory standard working hours.

If the work system is not operated regularly, Party B shall arrange for work and rest and vacation in the case of ensuring the completion of Party A's work tasks.

Article 5 If Party A arranges for Party B to work overtime, Party B shall arrange for Party B to pay the rest time or pay the overtime wage according to law; if it is added, Party A shall pay the additional wages.

Article 6 Party A shall provide Party B with necessary labor conditions and labor tools, establish a complete production process, and formulate operating procedures, work practices, and labor safety and health systems and standards.

Party A shall organize Party B to conduct health check in accordance with the relevant regulations of the State or Beijing Municipality.

Article 7 Party A shall be responsible for educating and training Party B on political thought, professional ethics, business technology, labor safety and health, and related rules and regulations.

Fourth, labor compensation

Article 8 The wages of Party A shall follow the principle of distribution according to work.

Article 9 Party B who performs the regular work system or comprehensively calculates the working hours shall work for Party A. Party A shall pay Party B's salary in monthly form on the monthly basis, and the salary shall not be lower than - yuan, of which the salary during the trial period is -- yuan.

The wage payment for the implementation of the irregular work system is executed by -----.

Article 10 If Party A's production tasks are insufficient and Party B is laid off for work, Party A shall ensure that Party B's monthly living expenses are not less than --- yuan.

V. Insurance benefits

Article 11 Both Party A and Party B shall pay the employee care, unemployment and major illness medical care and other social insurance expenses in accordance with the relevant provisions of the State and Beijing Municipal Social Insurance.

Party A shall fill in the "Employee Pension Insurance Manual" for Party B. After the two sides terminate or terminate the labor contract, the "Employee Pension Insurance Handbook" is transferred in accordance with relevant regulations.

Article 12 If Party B is sick or not injured by work, his sick pay, sickness relief and medical treatment shall be implemented according to ——————.

Article 13 The wages and medical insurance benefits of Party B suffering from occupational diseases or injuries caused by work shall be implemented in accordance with the relevant provisions of the State and Beijing Municipality.

Article 14 Party A shall provide Party B with the following benefits: ————————————.

6. Labor discipline

Article 15 Party B shall abide by the rules and regulations formulated by Party A according to law: strictly abide by labor safety and hygiene, production technology, operating procedures and work norms; protect Party A's property and abide by professional ethics; actively participate in Party A's training and improve thinking Awareness and professional skills.

Article 16 If Party B violates labor discipline, Party A may, according to the rules and regulations of the unit, give disciplinary action until the contract is terminated.

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

Article 17 The laws, administrative regulations and rules on which this contract is based are subject to change, and the relevant contents of this contract shall be changed.

Article 18 If the objective situation on which the contract is based is changed significantly, and the contract cannot be fulfilled, the relevant contents of this contract may be changed by the agreement of both parties.

Article 19 This contract may be dissolved by mutual agreement between Party A and Party B.

Article 20 Party B may, in one of the following circumstances, Party A may terminate this contract:

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

2. Serious violation of labor discipline or Party A's rules and regulations;

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

4. Being investigated for criminal responsibility according to law.

Article 21 Party A may terminate this contract in one of the following circumstances, but Party B shall notify Party B in writing 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 or work in a separate arrangement arranged by Party A;

2. Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job;

3. The parties cannot agree on the change of the contract in accordance with Article 18 of this contract.

Article 22 If Party A is on the verge of bankruptcy for legal rectification or has serious difficulties in production and operation, after explaining the situation to the trade union or all employees, listening to the opinions of the trade union or employees, and reporting to the labor administrative department, this contract may be terminated.

Article 23 Party B shall have one of the following circumstances: Party A shall not terminate or terminate this contract in accordance with Articles 21 and 22 of this contract:

1. Suffering from illness or injury due to work, within the prescribed medical period;

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

3. The demobilization of compulsory soldiers and the construction of land-expropriated rural migrant workers have not participated in the initial work for less than three years;

4. Obligatory during military service.

Article 24 If Party B suffers from occupational diseases or is injured due to work, and the medical treatment is terminated, if the municipal, district or county labor appraisal committee confirms that the labor capacity is completely or partially lost, it shall be handled according to -------, and shall not be based on this contract. Article 11 and Article 22 shall terminate the labor contract.

Article 25 If Party B terminates this contract, Party B shall notify Party A in writing 30 days in advance.

Article 26 In any 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 or illegal restrictions on personal freedom;

3. Party A shall not pay labor remuneration or provide working conditions in accordance with the provisions of this contract.

Article 27 After the expiration of the term of this contract, both parties may renew the labor contract upon agreement.

Article 28 If a labor contract without a fixed term is concluded, Party B shall resign, retire, retire and die or the conditions for cancellation as stipulated in this contract shall be terminated.

8. Economic compensation and compensation

Article 29: In the following circumstances, if Party A violates or terminates Party B's labor contract, Party B shall pay Party B's economic compensation according to the following criteria:

1. If Party A deducts or unreasonly defaults on Party B’s salary, and refuses to pay Party B’s extended working hours, it shall pay a total of 25% of the salary in addition to the full payment of Party B’s salary in the prescribed time. Monetary compensation;

2. If Party A pays Party B's wages to be lower than the city's minimum wage, it shall pay an amount equal to less than 25% of the economic compensation while making up the substandard portion.

Article 30 In any of the following circumstances, Party A shall, in accordance with Party B's working years in Party A, pay an economic compensation equivalent to one-fourth of the average salary of Party B for the first 12 months prior to the termination of this contract, up to a maximum of ten. Two months:

1. After deliberation with Party B, Party A shall terminate this contract;

2. Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job. Party A shall terminate this contract.

Article 31 In one of the following circumstances, Party A shall, according to Party B's working years in Party A, issue an economic compensation equivalent to one month's monthly average salary of the unit for each month:

1. If Party B is sick or not injured by work, the Labor Appraisal Committee confirms that it cannot perform the original work, nor can it engage in the work arranged by Party A to terminate this contract;

2. The objective situation on which the labor contract was based was significantly changed, resulting in the inability of the contract to be fulfilled. After the parties negotiated, the agreement could not be reached on the change of the labor contract, and Party A terminated the labor contract;

3. Party A is on the verge of bankruptcy for statutory rectification or serious difficulties in production and operation, and personnel must be laid off.

In the above three cases, if the average monthly salary of the 12 months before the termination of this contract is higher than the average monthly salary of the unit in the previous year, it shall be calculated according to the average monthly salary of the person.

Article 32 If Party A fails to grant its own economic compensation after the termination of this contract, in addition to the full payment of economic compensation, it shall pay an additional economic compensation of 50% of the amount of the economic compensation.

Article 33 When paying Party B's economic compensation, Party B shall issue economic compensation to the Party in accordance with the standard of one year after the working time of Party A is less than one year.

Article 34 If Party B is sick or not injured due to work, and the labor appraisal committee confirms that it cannot perform the original work, nor can it engage in the work arranged by Party A to terminate the contract, Party A shall also send Party B no less than The medical subsidy for the enterprise's per capita monthly salary for six months, the medical subsidy for serious illness and terminal illness, the increase of serious illness is not less than 50% of the medical subsidy, and the increase of terminal illness is not Less than one hundred percent of the medical subsidy.

Article 35 If Party A violates the conditions stipulated in this contract and terminates the labor contract or the invalid labor contract concluded by Party A, causing damage to Party B, it shall be liable for compensation according to the degree of loss.

Article 36 If Party B terminates the labor contract or violates the conservative business secrets stipulated in this contract in violation of the conditions stipulated in this contract, and causes economic losses to Party A, it shall be liable for compensation according to the degree of the loss.

Article 37 If Party B terminates this contract, any personnel who are funded by Party A for training and recruitment shall pay Party A the training fee and the recruitment fee. The standard is: --------------------------------------------.

9. Labor dispute handling

Article 38 Due to the labor disputes arising from the performance of this contract, the parties may apply to the labor dispute mediation committee of the unit for mediation; if the mediation fails, one of the parties requests arbitration, and shall file within sixty days from the date of the labor dispute. - The Labor Dispute Arbitration Commission applies for arbitration. The party may also apply directly to the labor dispute arbitration committee for arbitration. Those who are dissatisfied with the ruling may file a lawsuit in the people's court.

Ten, other

Article 39 The following rules and regulations of Party A ------------------------------------- as the subsidiary file of this contract .

Article 40 If the matters not covered by 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 41 This contract is made in two copies, one for each party.

person A person B

Legal representative

Or authorized agent

Date of signing: Year, month and day

Forensic authority

Date of assessment: Year, month and day

Source: Labor and Wage Division, Ministry of Labor and Social Security