Joint venture agreement 1 Party A (employer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (principal responsible person): _ _ _ _ _ _ _ _ _ _ _
Party B (laborer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Gender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Age: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Current address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A recruits _ _ _ _ _ _ _ (hereinafter referred to as Party B) as Party A's employee due to production (work) needs. In accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, the Labor Law of People's Republic of China (PRC) and the Regulations on Labor and Personnel Management of Chinese-foreign Joint Ventures, Party A and Party B hereby sign this Labor Agreement through consultation for mutual compliance.
Article 1 Requirements for production and work tasks
Party A arranges Party B for _ _ _ _ _ _ _ type of work (post) according to production (work) needs, and can adjust Party B's production (post) according to future production and operation needs and Party B's business ability and performance, and sign a change agreement in time.
Article 2 Term of Agreement
The validity of this agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After the probation period expires, qualified employees will be employed in fixed posts, and unqualified employees have the right to adjust Party B's production (work) posts or dismiss them.
Article 3 Wages and benefits
According to Party B's current position or work post, Party A determines that the standard monthly salary of Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B's original salary grade and monthly standard salary are kept as file salary.
Article 4 Labor insurance, labor protection and welfare benefits
1. Party A shall pay and handle the formalities of Party B's endowment insurance fund according to the regulations, pay various allowances such as health care expenses, transportation expenses, books and newspapers fees stipulated by Party B's local government, and enjoy the statutory holidays, public holidays, funeral leave, family visit leave and female employees' treatment during pregnancy, childbirth and lactation.
2. Party A must implement national laws and regulations on labor protection and special protection for female employees, and take labor protection measures to protect safe production and Party B's health. Party A shall distribute labor protection articles and health food to Party B according to the production and work needs of the enterprise.
3. Party A shall implement the current national working hours system. Party A shall strictly control Party B to extend working hours. If overtime is really necessary, Party A shall pay overtime wages to Party B, and overtime shall not exceed 36 hours per month.
4. The employee suffers from illness or non-work-related injury, and the medical treatment period is _ _ _ _ _ _ months. If it is not cured after the expiration of medical treatment, it can be given a medical treatment period of _ _ _ _ _ _ _ years through consultation between both parties. The medical expenses and sick pay during medical treatment shall be borne by Party A. After the medical treatment expires, if Party A can't do the original job, Party A will arrange Party B to do what it can according to the needs.
5. If the employee is injured, disabled or suffers from occupational diseases at work, the medical expenses and wages during medical treatment shall be borne by Party A according to the standards of state-owned enterprises until the end of medical treatment. After being injured, Party A shall arrange work within its capacity.
6. If an employee dies at work, according to the regulations of state-owned enterprises, Party A is responsible for paying funeral subsidies for death, pensions for supporting immediate family members and subsidies for living difficulties.
Article 5 Labor discipline and measures for rewards and punishments
1. Party A is responsible for formulating the process flow, operating procedures and relevant production standards or work specifications according to the production situation, and Party B guarantees strict implementation.
2. Party B has made special contributions to Party A's production (work) and should give Party B moral and material rewards. If Party B violates labor discipline or makes other mistakes, Party A will give corresponding punishment or treatment on the premise of adhering to ideological education. Before Party A makes a decision on dismissal or expulsion, it shall notify the trade union _ _ _ days in advance and report it to the competent department and the labor department for the record.
Article 6 Conditions for Party A and Party B to dissolve this Agreement
1. In any of the following circumstances, Party A may dissolve the Labor Agreement:
(1) During the probation period, Party B finds that it does not meet the employment conditions;
(2) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs after the prescribed medical treatment period expires;
(3) Party B seriously violates labor discipline;
(four) the enterprise is declared dissolved, bankrupt or on the verge of bankruptcy during the period of legal rectification.
2. If Party B is reeducation through labor and sentenced, the labor agreement shall be dissolved by itself.
3. Under any of the following circumstances, Party A shall not dissolve the Labor Agreement and dismiss Party B:
(1) Party B suffers from illness or non-work-related injury within the prescribed medical treatment period;
(2) Party B suffers from work-related injuries or occupational diseases, and during the period of treatment, recuperation and medical treatment, it is partially or completely incapacitated by the labor appraisal committee;
(3) Female employees practice family planning during pregnancy, childbirth and lactation;
(4) The term of the agreement has not expired, which does not meet the conditions for dissolution of this agreement.
4. In any of the following circumstances, Party B may propose to Party A to dissolve the Labor Agreement:
(1) Confirmed by relevant state departments, Party A's labor safety and health conditions are poor, which seriously endangers Party B's health;
(2) Party A fails to pay labor remuneration as agreed in the agreement;
(3) Party A fails to perform this Agreement or violates relevant national laws and regulations, thus infringing upon the legitimate rights and interests of Party B;
(4) Party B has justified reasons to ask for resignation, and Party A agrees.
Article 7 Economic compensation after Party A and Party B suspend or dissolve this Agreement.
1. Party A shall notify Party B 30 days in advance of the dissolution of the Agreement, except for the personnel in Items (1) and (3) and Paragraph 2 of Article 6 of this Agreement.
2. Party A shall pay the employee 1 year equivalent to Party B's working years in Party A's enterprise to the employee who dissolves the labor agreement, the employee who is dismissed according to Article 6, paragraphs 1 (2) and (4), and the employee who is dismissed according to Article 6, paragraphs 4 (1), (2) and (3).
3. In case of dismissal according to Article 6, paragraph 1 (2) of this Agreement, Party A shall pay Party B not only the living allowance, but also the medical allowance equivalent to 3 to 6 months' take-home salary.
4. Where Party A dismisses Party B according to Article 6, paragraph 1 (4) of this Agreement, it shall pay Party B dismissal compensation equivalent to 3 to 6 months' take-home pay in addition to the living allowance.
5. If Party B has justified reasons to resign from Party A in accordance with Article 6, paragraph 4 (4) of this Agreement, Party A shall generally agree, but shall submit it to Party A 30 days in advance, and this Agreement may be dissolved after Party A agrees ... If the training is funded by Party A, Party B shall compensate Party A for a certain amount of training fees.
Article 8 Liability for Breach of Labor (Employment) Agreement If either party violates the Labor (Employment) Agreement and causes losses to the other party, it shall make compensation according to its consequences and responsibilities. Among them, if the responsibility belongs to Party A, it shall continue to perform the agreement and be responsible for compensating Party B for the economic losses during the interruption of the agreement; If it is the responsibility of Party B, it shall compensate the recruitment (recruitment) and technical training expenses.
Article 9 Settlement of Disputes After a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of their own unit for mediation. If mediation fails, one party may apply to the labor dispute arbitration committee for arbitration, or directly to the labor dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 10 Other matters.
Party A (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appraisal (public) opinions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Certification body (seal) _ _ _ _ _ _ _
Handled by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Joint venture agreement No.2: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
This Agreement is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The first party signing the contract: xxx Company, which is a China company registered in China (hereinafter referred to as "Party A");
The second party to this contract: xxx Company, an American company, registered in the United States (hereinafter referred to as "Party B").
this is to certify that
Whereas Party A produces and sells XX products in China;
Whereas Party B produces and sells ×× products (hereinafter referred to as "licensed products") and owns ×× American patents (hereinafter referred to as "patents") and registered trademarks.
Whereas, Party A and Party B believe that it is beneficial for both parties to establish a joint venture company (hereinafter referred to as the "joint venture company") according to the laws of People's Republic of China (PRC) to produce, sell and develop the licensed products;
Therefore, in consideration of the premises and agreements stipulated in this agreement, we hereby reach the following agreement:
The first definition
In this Agreement, unless otherwise specified in the context, the following phrases have the following meanings:
1. "Joint venture" refers to the company established under this agreement.
2. "Licensed Products" refers to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. "Patent" means _ _ _ _ _ _ _ _ _ _ _.
4. "Trademark" means _ _ _ _ _ _ _ _ _ _ _.
5._______________________________。
Article 2 Establish a joint venture.
1. Party A and Party B establish a joint venture company according to the laws of People's Republic of China (PRC).
2. The name of the joint venture is _ _ _ _ _ and the address is _ _ _ _ _ _ _.
3. All activities of a joint venture must abide by the laws, decrees and relevant regulations of People's Republic of China (PRC).
4. The joint venture is organized as a limited liability company. Party A and Party B shall be liable for the debts of the joint venture company with their respective capital contributions. Each party shall share profits, risks and losses in proportion to its contribution to the registered capital.
5. The cost of establishing a joint venture shall be shared equally by both parties.
Article 3 Purpose, scope and norms of production and operation
1. The purpose of signing the joint venture contract between Party A and Party B is to strengthen economic cooperation, expand technical exchanges, adopt advanced and applicable technologies and scientific management methods, improve product quality, develop new products, and be competitive in the international market in terms of quality and price, so as to improve economic benefits and make all investors know satisfactory economic benefits.
2. The joint venture produces _ _ _ _ _ _ _ (licensed products). The production capacity is _ _ _ _ _ per year. The joint venture company will strive to improve the licensed products and management to adapt to international competition.
The joint venture company should develop new licensed products as far as possible to meet the development needs of domestic and foreign markets.
Article 4 Capital structure
1. The registered capital of the joint venture company is 50% contributed by Party A and Party B respectively.
2. Contribution of Party A:
(1) Factory building: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(2) Domestic equipment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(3) Cash: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(4) Joint venture factory: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
Joint Venture Agreement 3 Name of Party A (Employer):
Address:
Legal representative (principal responsible person):
Name of Party B (laborer):
Gender:
Age:
ID number:
Current address:
Party A recruits (hereinafter referred to as Party B) as an employee of Party A due to production (work) needs. In accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, the Labor Law of People's Republic of China (PRC) and the Regulations on Labor and Personnel Management of Chinese-foreign Joint Ventures, Party A and Party B hereby sign this Labor Contract through consultation for mutual compliance.
Article 1 Requirements for production and work tasks
Party A arranges Party B to take the post (post) according to the production (work) needs, and can adjust Party B's production (post) according to the future production and operation needs and Party B's business ability and performance, and confirm and change the contract in time.
Article 2 Term of Contract
The term of the contract is years, increasing year by year (the probation period is months, increasing year by year). After the probation period expires, qualified employees will be employed in fixed posts, and unqualified employees have the right to adjust Party B's production (work) posts or dismiss them.
Article 3 Wages and benefits
According to Party B's current post or work post, Party A determines that Party B's monthly standard salary is RMB, and enjoys various allowances according to relevant regulations. In the future, Party B's wage income will gradually increase according to the production and operation situation and Party B's performance. Party B's original salary grade and monthly standard salary are kept as file salary.
Article 4 Labor insurance, labor protection and welfare benefits
1. Party A shall pay and handle the formalities of Party B's endowment insurance fund according to the regulations, pay various allowances such as health care expenses, transportation expenses, books and newspapers fees stipulated by Party B's local government, and enjoy the statutory holidays, public holidays, funeral leave, family visit leave and female employees' treatment during pregnancy, childbirth and lactation.
2. Party A must implement national laws and regulations on labor protection and special protection for female employees, and take labor protection measures to protect safe production and Party B's health. Party A shall distribute labor protection articles and health food to Party B according to the production and work needs of the enterprise.
3. Party A shall implement the current national working hours system. Party A shall strictly control Party B to extend working hours. If overtime is really necessary, Party A shall pay overtime wages to Party B, and overtime shall not exceed 36 hours per month.
4. The employee suffers from illness or non-work-related injury, and the medical treatment period is months. If the medical treatment period is still not cured, the medical treatment period of less than one year may be given through consultation between both parties. The medical expenses and sick pay during medical treatment shall be borne by Party A. After the medical treatment expires, if Party A can't do the original job, Party A will arrange Party B to do what it can according to the needs.
5. The medical expenses and wages of employees who are injured, disabled or suffer from occupational diseases at work shall be borne by Party A according to the standards of state-owned enterprises until the end of medical treatment, and Party A shall arrange the work within its capacity after the work injury.
6. If an employee dies at work, according to the regulations of state-owned enterprises, Party A is responsible for paying the funeral subsidy for death, the employee's immediate family pension and the subsidy for living difficulties.
Article 5 Labor discipline and measures for rewards and punishments
1. Party A is responsible for formulating the process flow, operating procedures and relevant production standards or work specifications according to the production situation, and Party B guarantees strict implementation.
2. Party B has made special contributions to Party A's production (work) and should give Party B moral and material rewards. If Party B violates labor discipline or makes other mistakes, Party A will give corresponding punishment or treatment on the premise of adhering to ideological education. Party A shall notify the trade union one day before making the decision of dismissal or expulsion. And report to the competent department and the labor department for the record.
Article 6 Conditions for Termination of the Contract by Party A and Party B
1. In any of the following circumstances, Party A may terminate the Labor Contract:
(1) During the probation period, Party B finds that it does not meet the employment conditions;
(2) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs after the prescribed medical treatment period expires;
(3) Party B seriously violates labor discipline;
(four) the enterprise is declared dissolved, bankrupt or on the verge of bankruptcy during the period of legal rectification.
2. If Party B is reeducation through labor and sentenced, the labor contract will be automatically terminated.
3. Under any of the following circumstances, Party A shall not terminate the labor contract and dismiss Party B:
(1) Party B suffers from illness or non-work-related injury within the prescribed medical treatment period;
(2) Party B suffers from work-related injuries or occupational diseases, and during the period of treatment, recuperation and medical treatment, it is partially or completely incapacitated by the labor appraisal committee;
(3) Female employees practice family planning during pregnancy, childbirth and lactation;
(4) The term of the contract is not full, and it does not meet the conditions for terminating the contract.
4. In any of the following circumstances, Party B may propose to Party A to terminate the labor contract:
(1) Confirmed by relevant state departments, Party A's labor safety and health conditions are poor, which seriously endangers Party B's health.
(2) Party A fails to pay labor remuneration as stipulated in the contract;
(3) Party A fails to perform this contract or violates relevant national laws and regulations, which infringes upon the legitimate rights and interests of Party B;
(4) Party B has justified reasons to ask for resignation, and Party A agrees.
Article 7 Economic compensation after the termination or rescission of the contract by both parties.
1. Party A shall notify Party B 30 days before the termination of this contract, except for the personnel in Item 1 (1) and Item 2 of Article 6 of this contract.
2. For the employees who dissolve the labor contract, the employees who are dismissed according to Article 6, Item 65438+0 (2) and (4), and the employees who resign according to Article 6, Item 4 (1), (2) and (3), Party A shall pay Party B 65438+every 1 year.
3. In case of dismissal according to Article 6, Item 1 (2) of this contract, Party A shall pay Party B not only the living allowance, but also the medical allowance equivalent to 3 to 6 months' take-home salary.
4. Where Party A dismisses Party B according to Article 6, Item 1 (4) of this Contract, it shall pay Party B dismissal compensation equivalent to 3 to 6 months' take-home salary in addition to living allowance.
5. If Party B has justified reasons to resign from Party A according to Article 6, Item 4 (4) of this contract, Party A shall generally agree, but it shall submit it to Party A 30 days in advance, and this contract may be terminated after Party A agrees ... If the training is funded by Party A, Party B shall compensate Party A for a certain amount of training fees.
Article 8 Liability for breach of labor contract
If either party violates the labor (employment) contract and causes losses to the other party, it shall compensate according to its consequences and responsibilities. Among them, if the responsibility belongs to Party A, it shall continue to perform the contract and be responsible for compensating Party B for the economic losses during the interruption of the contract; If it is the responsibility of Party B, it shall compensate the recruitment (recruitment) and technical training expenses.
Article 9 Settlement of disputes
After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation. If mediation fails, one party may apply to the labor dispute arbitration committee for arbitration, or directly to the labor dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 10 Other matters
Party A: (signature and seal)
Party B: (signature and seal)
Date of contract signing
Date, year and month