Employment contracts.
Party A (employer) Party B (employee).
Name: Name:
Registration address: Gender:
ID (Passport) Number:
Legal representative: Contact address:
Contact**:Contact**:
In accordance with the provisions of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), the Labor Contract Law of the People's Republic of China (hereinafter referred to as the "Labor Contract Law") and other relevant laws and regulations, Party A and Party B shall sign this labor contract in accordance with the principles of legality, fairness, equality, voluntariness, consensus and good faith, and jointly abide by the terms listed in this labor contract.
1. The term of the labor contract
1) Party A and Party B agree to determine the term of this labor contract in accordance with the following method 1.
1. There is a fixed term: from XX-XX-XX to YYYY-MM-DD.
2. No fixed term: from YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
3. Special agreed period: Party B's length of service in Party A shall be calculated from the date of xx-xx-xx.
3. The deadline for completing a certain work task: from the date of xx-xx-xx to the completion of the work task. The sign of completing a work task is .
2) The probationary period shall be from xx-xx-xx to xx-xx. (The probationary period is included in the term of the employment contract, if there is no probationary period, fill in "none").
Second, the content of the work and the place of work
1) Party B's work content (position or type of work) is.
Party A and Party B specifically agree that at any time after Party B's employment, Party A finds that Party B is incompetent or unsuitable for its own work, Party B agrees that Party A will adjust its job position or type of work in one of the following ways:
1. Party A has the right to arrange Party B to work in the same or similar position in different departments, and Party B promises to accept the change of the arrangement.
2. Party A has the right to arrange and adjust the specific work content of Party B's corresponding position, and Party B accepts the adjustment.
3. When Party A is unable to provide Party B with the same or similar job adjustment, Party A can adjust Party B's sales business and calculate the salary and commission according to the sales personnel at the same level.
2) Party B's place of work.
3) If Party A adjusts Party B's work location, position and responsibilities, Party B's basic salary shall not be reduced, but the part of performance salary shall be redetermined according to the new position and responsibilities.
3. Working hours, rest and vacation
1) Party A and Party B agree to determine Party B's working hours in accordance with the following method 1.
1. Standard working hours system, that is, daily work 75 hours (up to 8 hours) for a 37 working week5 hours (up to 40 hours) with at least one day off per week.
2. Irregular working hours, that is, with the approval of the human resources security (labor) department, Party B's position implements the irregular working hours system.
3. Comprehensive calculation of working hours, that is, with the approval of the human resources security (labor) department, Party B's position implements a comprehensive calculation of working hours.
2) If Party A needs to extend its working hours due to production and operation, it shall be implemented in accordance with Article 41 of the Labor Law.
3) Party B is entitled to statutory holidays, annual leave, marriage leave, maternity leave, bereavement leave and other holidays in accordance with the law.
4) Party B's other rest and vacation arrangements shall be implemented according to the company's attendance management system.
4. Labor remuneration
1) Party A shall formulate a wage distribution system in accordance with the law and inform Party B. Party A's wage system consists of three parts: basic salary, performance salary and bonus, of which performance salary includes but is not limited to overtime salary, allowance, subsidy and commission.
The basic salary paid by Party A to Party B shall not be lower than the minimum wage of the current year announced by the city.
2) After negotiation with Party B, Party A agrees to pay Party B's salary in the following ways.
1. Party B's basic salary for normal working hours every month; During the probationary period, the basic salary for normal working hours per month is RMB.
2. The two parties agree to determine Party B's salary.
3) Party A shall pay the salary of the previous month before the day of each month. Party A shall pay Party B wages in monetary form at least once a month.
1. Party A shall pay the wages of the previous month through the designated bank before the date of each month, and Party B agrees that Party A shall delay the payment of wages due to financial arrangements or business conditions, but the delay shall not exceed 30 days. If Party A delays the payment of wages for no more than 30 days, Party B undertakes not to claim the termination of the labor contract or the payment of severance or compensation from Party A on the grounds of Party A's delay in paying wages.
2. Party B's working hours and wages shall be calculated by Party A according to Party B's electronic attendance records, and any objections can be raised in writing.
3. The actual monthly salary and remuneration paid by Party A to Party B shall be the normal working hours and overtime wages agreed in the labor contract.
It should be noted that the bonuses, subsidies, allowances, commissions or other items issued by Party A in accordance with its own business conditions and relevant rules and regulations do not belong to the wages of normal working hours, and this part of the income is not included in the calculation scope when calculating labor compensation or compensation.
4. Party A and Party B agree to use Party B's normal working hours salary as the basis for calculating Party B's overtime wages.
4) Party B's overtime wages, holiday wages and wages under special circumstances shall be paid in accordance with the provisions of relevant laws and regulations, unless otherwise agreed in this contract.
5) Other agreements between Party A and Party B on wages Party B agrees that Party A shall deduct the social insurance premiums, housing provident fund and other expenses that should be borne by Party B from Party A's salary in accordance with the relevant regulations of Party A.
5. Social insurance and welfare
1) Party A and Party B shall participate in social insurance and pay social insurance premiums in accordance with the relevant provisions of the state, provinces and municipalities.
2) If Party B is sick or injured not due to work, Party A shall give Party B the treatment period and treatment period in accordance with the relevant provisions of the state, province and city.
3) If Party B suffers from an occupational disease or is injured due to work, Party A shall comply with the provisions of relevant laws and regulations such as the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, the Regulations on Work-related Injury Insurance, etc.
4) Party A provides the following benefits for Party B.
6. Labor protection, working conditions and protection against occupational hazards
1) In accordance with the relevant labor protection regulations of the state, provinces and municipalities, Party A shall provide labor workplaces and necessary labor protection articles that meet the highest health standards to effectively protect the safety and health of Party B in production work.
2) Party A shall, in accordance with the relevant provisions of the state, provinces and municipalities, do a good job in the special labor protection of female employees and juvenile workers.
3) Party B is engaged in operations that may cause occupational hazards, Party A shall take protective measures, and organize occupational health examinations before, during and after leaving the post in accordance with the provisions of the health administrative department, and truthfully inform Party B of the results of the examination. The cost of occupational health examination shall be borne by the employer.
4) Party B has the right to refuse Party A's illegal command and forced risky operation; Party B has the right to request correction or report to the relevant departments for Party A's behavior that endangers life safety and health.
5) After the two parties have reached a consensus through consultation, after the issuance of the yellow, orange and red warning signals of the typhoon, in order to ensure the safety of employees, the employer shall suspend work (except for special industries such as public transportation, water supply, power supply, gas** and other industries necessary for emergency rescue and disaster relief, medical treatment and basic living of residents), and provide safe shelter for employees stranded in the unit. After the agreement of both parties to the contract, after the issuance of the red rainstorm warning signal, in order to ensure the safety of employees, the employer will arrange for employees to stop work or postpone work (except for special industries such as public transportation, water supply, power supply, and gas** necessary for emergency rescue and disaster relief, medical treatment, and basic livelihood of residents); Employees who are already working indoors should take safety precautions, and if the warning signal is still in force when the end of the day, the employer should provide a safe place for employees to take shelter.
7. Rules and regulations
1) Party A shall inform Party B of the rules and regulations formulated by Party A in accordance with the law.
2) Party B shall abide by the relevant national, provincial and municipal laws and regulations and the rules and regulations formulated by Party A in accordance with the law, complete the work tasks on time, improve professional skills, and abide by the safety operation procedures and professional ethics.
3) Party B consciously abides by the relevant provisions of the state, province and city on family planning.
8. Modification of labor contract
Party A and Party B may change the labor contract after consultation. Changes to the employment contract shall be in writing. The amended labor contract text shall be held by both parties.
Party B agrees that Party A only needs to notify Party B in writing of the change of Party B's position, type of work and working location, and there is no need to sign a supplementary contract or agreement.
9. Dissolution and termination of labor contract
1) Both parties may terminate the labor contract if they reach a consensus through consultation.
2) Party B may terminate the labor contract by notifying Party A in writing 30 days in advance; During the probationary period, Party B may terminate the labor contract by notifying Party A three days in advance.
3) If Party A has any of the following circumstances, Party B may notify Party A to terminate the labor contract:
1. Failure to provide labor protection or working conditions in accordance with the labor contract;
2. Failure to pay labor remuneration in full and in a timely manner;
3. Failure to pay social insurance premiums for Party B in accordance with the law, and Party B has not paid them for more than one month after Party B asks Party A to pay them;
4. The rules and regulations violate the provisions of laws and regulations and damage the rights and interests of Party B;
5. Using fraud, coercion or taking advantage of the danger of others, Party B concludes or changes this labor contract against its true intentions, resulting in the invalidity of the labor contract;
6. Exempt oneself from statutory liability and exclude Party B's rights, resulting in the invalidity of the labor contract;
7. Violating the mandatory provisions of laws and administrative regulations, resulting in the invalidity of the labor contract;
8. Other circumstances under which laws and administrative regulations stipulate that Party B may terminate the labor contract.
4) If Party A forces Party B to work by means of violence, threats or illegal restrictions on personal freedom, or Party A violates rules and regulations and orders risky operations that endanger Party B's personal safety, Party B may terminate the labor contract immediately without prior notice to Party A.
5) Party A may unilaterally terminate the labor contract under any of the following circumstances and shall not be liable for any compensation:
1. During the probationary period, it is proved that they do not meet the employment conditions;
2. Seriously violating Party A's rules and regulations, and receiving 3 written warnings;
3. Serious dereliction of duty, malpractice for personal gain, causing major damage to Party A;
4. At the same time, establishing labor relations with other employers, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by Party A;
5. Using fraud, coercion or taking advantage of the danger of others, Party A concludes or modifies this labor contract against its true intentions, resulting in the invalidity of the labor contract;
6. The employment information provided is false;
7. Concealing a major illness before employment, and Party A finds that Party B's physical condition is not suitable for the job within 6 months of employment;
8. Those who have been investigated for criminal responsibility in accordance with law.
6) In any of the following circumstances, Party A may terminate the labor contract after notifying Party B in writing 30 days in advance or paying Party B an additional month's salary, except for the circumstances specified in Article 42 of the Labor Contract Law:
1. Party B is sick or injured not due to work, and cannot engage in the original work after the expiration of the prescribed medical treatment period, nor can it engage in the work arranged by Party A;
2. Party B is not competent for the job, and is still incompetent for the job after training or job adjustment;
3. There is a major change in the objective circumstances on which the labor contract is concluded, such as the cancellation of Party B's department working for Party A or the transformation of Party A's business, resulting in the inability to perform the labor contract, and both parties fail to reach an agreement on changing the content of the labor contract after negotiation.
7) In any of the following circumstances, if Party A needs to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of Party A's total number of employees, Party A shall explain the situation to the trade union or all employees 30 days in advance, and may lay off personnel after listening to the opinions of the trade union or employees and reporting the layoff plan to the human resources security (labor) department, except for the circumstances stipulated in Article 42 of the Labor Contract Law:
1. Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2. Serious difficulties occur in production and operation;
3. After the change of labor contract, it is still necessary to lay off personnel after the enterprise changes production, major technological innovation or adjustment of business mode;
4. Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
8) The labor contract shall be terminated under any of the following circumstances:
1. The labor contract expires;
2. Party B has reached the statutory retirement age;
3. Party B dies, or is declared dead or missing by the people's court;
4. Party A is declared bankrupt in accordance with the law;
5. Party A's business license is revoked, ordered to close down, revoked, or Party A decides to dissolve in advance;
6. Other circumstances stipulated by laws and administrative regulations.
10. Economic compensation
1) In any of the following circumstances, Party A shall pay economic compensation to Party B.
1. Party A proposes to terminate the labor contract to Party B in accordance with the provisions of Article 9 (1) of this labor contract and terminates the labor contract through consultation with Party B;
2. Party B terminates the labor contract in accordance with the provisions of Article 9 (3) and (4) of this labor contract;
3. Party A terminates the labor contract in accordance with the provisions of Article 9 (6) and (7) of this labor contract;
4. Except for the situation where Party A maintains or improves the agreed conditions of the labor contract and Party B does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Item 1 of Article 9 (8) of this contract;
5. The labor contract is terminated in accordance with the provisions of subparagraphs 4 and 5 of Article 9 (8) of this contract;
6. Other circumstances stipulated by laws and administrative regulations.
2) If Party A and Party B dissolve or terminate this labor contract, the standard of economic compensation shall be calculated based on Party B's salary plus overtime pay, and the amount of compensation or compensation that Party A shall give to Party B shall be calculated in accordance with relevant laws and regulations. Bonuses, subsidies, allowances, commissions, etc. in Party B's income that do not belong to the salary category agreed in this contract shall not be included in the base for calculating compensation. If Party A shall pay economic compensation to Party B in accordance with this contract, it shall be paid within three days after the completion of Party B's work handover.
3) Party B is aware that Party A implements the employment system of fixed posts and fixed personnel, and if Party B resigns without notifying Party A 30 days in advance, it will affect the normal operation of Party A's related work and will cause economic losses to Party A, so Party B agrees that if Party A resigns without notifying Party A 30 days in advance (except for the consent of Party A), the minimum compensation for Party A is equivalent to the loss of Party B's one-month salary standard.
Ten.
1. Procedures for the dissolution and termination of the labor contract
If Party A and Party B dissolve or terminate this labor contract, Party B shall go through the formalities such as work handover as agreed by both parties. Party A shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of files and social insurance relations for Party B within 15 days. The certificate of dissolution or termination of the labor contract issued by Party A shall clearly state the term of the labor contract, the date of dissolution or termination of the labor contract, the position and the number of years of service in the employer.
Ten.
II. Dispute Resolution
In the event of a labor dispute between Party A and Party B, it shall be resolved through negotiation first. If the negotiation fails, it can seek a solution from the labor union of the unit or apply for mediation to the labor dispute mediation committee of the unit; It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration.
Ten.
3. Other matters that both parties deem necessary to agree:
1) If Party A provides Party B with special training expenses and professional and technical training, the two parties agree that it shall be implemented in accordance with the "Training Agreement" signed by both parties. (If Party B violates the service period agreement, it shall pay liquidated damages to Party A in accordance with the agreement.) The amount of liquidated damages shall not exceed the training fees provided by Party A, and shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period).
2) If Party B is in possession of Party A's trade secrets and confidential matters related to intellectual property rights, the two parties agree that the "Intellectual Property Rights and Confidentiality Agreement" signed by both parties shall be implemented. (If Party B has a confidentiality obligation, Party A may agree with Party B on a non-compete restriction and agree to give Party B economic compensation on a monthly basis during the non-compete period after the termination or termination of this contract.) If Party B violates the non-compete agreement, it shall pay liquidated damages to Party A in accordance with the agreement. The personnel subject to non-competition restrictions are limited to Party A's senior managers, senior technical personnel and other personnel who are obliged to maintain confidentiality. The non-compete period after the rescission or termination of this contract shall not exceed two years. ）
3) If Party B directly takes away Party A's customers after leaving the company or takes away Party A's customers within two years after leaving the company, Party B shall compensate Party A for losses at ten times the amount of the last contract signed between the customer and Party A. The above meaning of taking away Party A's customers is that Party A's customers have substantive business dealings with the units or affiliated units where Party B works.
4) For the notices and other matters that need to be notified to Party B in this contract, Party A shall be deemed to have been delivered 24 hours after Party A sends it to Party B by SMS, WeChat, email, etc.
Ten.
4. Miscellaneous
1) If the matters not covered in this labor contract or the terms of the labor contract conflict with the provisions of the current laws and regulations, the current laws and regulations shall be implemented.
2) This labor contract shall come into force on the date of signature and seal of both parties, and it shall be invalid if it is altered or signed without written authorization.
3) This labor contract shall be executed in duplicate, one copy for each party.
Party A: (stamped) Party B: (signed).
Legal Representative:
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