[Boutique] Work Injury Accident Compensation Agreement
Part 1: Compensation for Work Injury Accidents
According to the Law of the People's Republic of China on Foreign Investment Enterprises and the Law of the People's Republic of China on Companies, A, B, and C have agreed to voluntarily apply for establishment in accordance with the conditions stipulated by relevant laws and regulations after equal consultation. A limited liability company has the following agreements:
Shareholders of the company:
Party A: _____ ID number and legal address
Party B: _____ ID number and legal address
After full consultation between the above shareholders, the following agreements were reached on investment establishment:
First, the name of the company to be established, the scope of business, the registered capital, the legal address, and the legal representative
1. Company name: _______________
2. Business scope: _______________
3. Registered capital: _______________
4. Legal address: _______________
5. Legal representative: _______________
Article 2 After the establishment of the company, the legal representative is the principal responsible person responsible for the management and operation of the company. The legal representative is not willing to be responsible for management and operation. The shareholders may negotiate with other shareholders or recruit foreign personnel.
Article 3 Company registration period
The company's term is _____ years, starting from _____ years _____ months __ days, to _____ years _____ months _____ days.
Article 4 Capital Contribution, Method, and Term
1. Investment method and share ratio
Party A shall contribute _____ as its capital contribution: _____________ yuan, accounting for _____ percent of the company's registered capital; __________ percent of the company's shares. After the establishment of the company, Party A will take out the shares of _____ as the company's award-winning shares, and continue to be placed in the company to reward employees who have made significant contributions to the company.
Party B uses _____ as the capital contribution, and the amount of capital contribution: _____ yuan, accounting for _____ percent of the company's registered capital, accounting for _____ percent of the company's shares.
2. The capital contribution of the shareholders of each company shall be paid before the _____ year _____ month _____ day. If the shareholders fail to pay or fail to pay in full, if the shareholders fail to pay the capital as scheduled and pay in full, they shall be liable for breach of contract to the shareholders who have paid the capital as scheduled and paid in full.
3. The company contributed a total of RMB _____ million. During the partnership, the capital contribution of the shareholders of the company shall be the joint property of the company and shall not be requested to be divided at will. After the termination of the company, the capital contribution of the company's shareholders is still owned by the individual and will be returned at that time.
Article 5: Earnings Distribution and Debt Commitment
1. Surplus distribution: based on the proportion of shares held by Party A and Party B, they are distributed according to proportion.
2. Debt commitment: The company's debt is first repaid by the company's property. When the company's property is insufficiently repaid, it is based on the proportion of the company's shareholders' capital contribution.
Article 6 Transfer of Shares, Withdrawals, and Contributions
1. Shares:
1 need to recognize this contract;
2 Subject to the approval of all company shareholders;
3 Execute the rights and obligations stipulated in the contract.
2. Withdrawal:
1 need to have a valid reason to withdraw shares;
2 Do not withdraw shares when the company is unfavorable;
3 The share withdrawal must be notified to the shareholders of other companies one month in advance and approved by all shareholders of the company;
4 After the withdrawal of the shares, the settlement will be carried out at the time of withdrawal of the property, and no matter what method is invested, it will be settled by money;
5 If the loss is caused to the company without the consent of the company's shareholders, compensation shall be made.
3. Transfer of capital contribution: Allow company shareholders to transfer their own capital. At the time of transfer, the shareholders of the company have the right of priority transfer, and the transfer price is calculated according to the proportion of all assets of the company. If a third party other than the shareholder of the company is transferred, any two of Party A and Party B shall take the overall interests of the company as its priority and shall not intentionally make it difficult for the third party. Otherwise, it shall be deemed to automatically renounce the ownership of the company's assets, and shall bear the proportion of the company's shares in the previous period. Debt to be repaid.
Article 7 The rights of the person in charge of the company and the shareholders of other companies
The shareholder is responsible for the company to the extent of the capital contribution, and the company is responsible for the company's debt with all its assets.
1. Party A is the legal person and person in charge of the company. Its license is:
1 to conduct business abroad and enter into a contract;
2 daily management of the company's business;
3 Selling the company's products and purchasing common goods;
4 to pay the debts borne by the shares of the company;
5 company personnel recruit personnel and training when needed;
6 Approve daily expenses and manage all assets of the company, but the money account is separated and the account cannot be managed.
2. Rights of other company shareholders:
1 Participate in the management of the company's business and provide feasibility plans and reports on the company's prospects.
2 Listen to the report on the business situation of the person in charge of the company;
3 Check the company's books and operations;
4 Determine the company's major issues.
5 to pay the debts borne by the shares of the company;
Article 8 Prohibition
1. Without the consent of all shareholders of the company, it is forbidden for any company shareholder to conduct non-corporate business activities in the name of the company privately; if the business benefits from the company, the loss will be compensated according to the actual loss.
2. It is forbidden for the company's shareholders to operate the business that competes with the company's mainstream. If it is necessary to operate, it must be approved by Party A, Party B and Party C.
3. If the company's shareholders violate the above provisions, they shall be compensated according to the actual losses of the company.
Article 9 Matters after termination and termination of the company
1. The company is terminated due to one of the following reasons:
1 company period expires;
2 All shareholders of the company agree to terminate the company relationship;
3 The company's business is completed or cannot be completed;
4 company business was revoked in violation of the law;
5 The court dismissed the judgment according to the request of the parties concerned.
2. Matters after the termination of the company:
1 to recommend the liquidator and invite the middleman to participate in the liquidation;
2 If there is a surplus after liquidation, it shall be conducted in the order of collecting creditor's rights, paying off debts, returning capital, and distributing the remaining assets proportionately. Fixed assets and indivisible materials, which can be sold to shareholders or third parties of the company at a price, and their prices are allocated;
3 If there is a loss after liquidation, no matter how much the company's shareholders contribute, firstly repay the company's common property, and the company's property is insufficiently paid off, and the company's shareholders will bear the proportion of the capital contribution.
Article 10: The solution to the dispute
If there is a dispute between the shareholders of the company, they should be consulted together and resolved in accordance with the principle of benefiting the development of the company. If the negotiation fails, it shall be submitted to the Arbitration Commission of the place where the company is registered for arbitration, and shall be brought to the People's Court for legal action.
Article 11 This contract shall become effective and commence business from the date of its conclusion and reporting to the industrial and commercial administration.
Article 12 If there are any outstanding matters in this contract, it shall be discussed or supplemented or amended by the shareholders of the company. The contents of the supplement and modification are equivalent to this contract.
Article 13 The original of this contract shall be in duplicate, and each shareholder of the company shall hold one copy, one of which shall be reserved by the intermediary.
Company shareholder signature: __________ stamp
Company shareholder signature: __________ stamp
Part 2: Agreement on Compensation for Work Injury Accidents
Party A: XXX Party B: XXX
Both Party A and Party B have signed this Agreement voluntarily and on an equal footing due to Party B’s compensation for work-related accidents.
Performed in accordance with the terms of this Agreement:
1. Party B entered the Party's maintenance team as a handyman employee this year. During the construction of the XXXXXXXXXXXX project in Shenzhen on May 19, 20XX, the B-handler operated the pump without authorization and caused serious crushing on his right hand. Party A will promptly send it to Shenzhen XXXXX People's Hospital for treatment. During the treatment, Party A will send a special person to care for Party B and have paid all the expenses during the work injury treatment period. He has now been healed and discharged.
2. Party B now asks Party A to compensate him for the above-mentioned industrial accident and propose to leave. The two sides, through consensus, determined that Party A’s one-off work-related injury compensation amount totaled RMB 10,000 yuan to terminate the rights and obligations of both parties concerning the compensation for work-related accidents, and waived all legal responsibilities of Party A. From the date of signing this Agreement, Party B shall not claim any rights on the above-mentioned compensation issues, and Party A shall not assume any obligations. If Party B violates the above agreement and causes losses to Party A, Party A shall investigate Party B's liability for compensation according to law.
3. Party A shall pay Party B the above-mentioned compensation fee within three days after signing this Agreement. Party B shall move away from Party A's maintenance team on the date of receipt of Party A's compensation.
4. This Agreement shall enter into force at the time of signing.
person A person B
August 19, 20XX, August 19, 20XX
Attachment: Copy of Party B ID card
Part 3: Agreement on Compensation for Work Injury Accidents
Party A: XXXXX Co., Ltd., address:
Legal representative:
Party B: XX, male, XX years old, living in Chengdu XXXXXXXX, ID number:
Party B has an injury accident on the day of the month and has been rehabilitated after treatment. In order to properly resolve the injury of Party B, both parties have reached the following agreement through friendly negotiation on the principle of equality, voluntariness, mutual understanding and mutual accommodation:
1. The total amount of medical expenses and transportation expenses actually incurred by Party B from the date of the injury of Party B and other expenses that should be paid by Party A shall be paid by Party A before the signing of this Agreement. After signing the agreement, Party B shall not, for any reason, claim to Party A any expenses incurred during the preceding period.
2. After the agreement between Party A and Party B, Party A shall pay Party B a one-time payment of the disability benefits, the one-time medical subsidy for dissolving labor relations and the disability employment subsidy, etc., all the fees that shall be paid by Party A in accordance with the law, totaling RMB.
3. Within the day after the signing of this Agreement, Party A shall pay Party RMB to Party B, and the remaining RMB shall be paid.
4. After receiving the one-time subsidy, Party B shall allocate and handle it reasonably, and consciously leave enough expenses for subsequent treatment, rehabilitation, and living. The way in which Party B allocates and handles the aforementioned expenses shall be determined by Party B at its own discretion, and Party B shall bear the consequences.
5. After the signing of this Agreement by both parties, the labor relationship will be terminated. At the same time, Party B promises not to ask Party A for any other expenses or assume any responsibility for labor-related matters in any form or for any reason.
6. If Party A delays payment to Party B for the one-off subsidy stipulated in this Agreement, Party A shall pay Party B a one-off grant of 3 baht for each late delay, and the total amount of late payment shall not exceed the total amount of one-time subsidy. 20%.
7. After Party B receives the one-off subsidy paid by Party A, and the real estate E network www.fdcew.com submits any fees and responsibilities to Party A for any reason, Party B shall refund all the fees paid by Party A to solve this matter. The expenses, and bear all the losses caused to Party A due to breach of contract, and should pay Party A a penalty of 20% of the one-time subsidy.
8. This Agreement is the result of equal and voluntary negotiations between the two parties. It is an expression of the true meaning of both parties and is fair and reasonable.
9. The contents of this Agreement have been read and understood by both parties. Party A and Party B understand the consequences of violation of this Agreement. Party A and Party B are fully satisfied with the results of this agreement.
10. This Agreement is made in two copies. Each Party A and Party B shall hold one copy. The agreement shall take effect after the signature of both parties.
11. This Agreement is a one-off termination agreement. The parties shall use this as a matter of failure to fully and faithfully perform the contract and shall not be entangled for any reason. Any problems in the future physical or mental condition of Party B shall not be related to Party A.
Party A's signature: Party B's signature:
Time: Time:
witness:
Attachment: Copy of Party B ID card
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