Labor Contract of Xx Co., Ltd.
Limited liability company (hereinafter referred to as Party A) is a Sino-foreign joint venture, and is now employed? (hereinafter referred to as Party B) is a labor contract employee of Party A..
According to the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures and relevant regulations, Party A and Party B agree to sign this contract on the principle of voluntariness, equality and negotiation, and jointly abide by the following terms:
Article 1 Term of Contract
1. When does this contract expire? Year? Month? Solstice? Year? Month? A few days, a period of time? . Among them? Year? Month? Solstice? Year? Month? Days is the probation period.
2. During the probation period, if Party A finds that Party B does not meet the employment conditions, it can immediately terminate this contract and pay Party B the attendance salary of the current month and the subsidies stipulated by the government.
Article 2 Work
1. Does Party A arrange for Party B to engage in it? Work.
2. Party A may change Party B's work due to the needs of production and operation and the performance of Party B's ability. Party B has the right to reflect my opinions, but without the consent of Party A, Party B must obey. ..
3. Party B must complete the production or work tasks on time, quality and quantity according to the post responsibilities determined by Party A. ..
Article 3 Working conditions and labor protection
1. Party A shall provide Party B with a safe and hygienic working environment in line with national regulations, and ensure Party B's personal safety and physical work in a harmless environment.
2. Party A shall provide Party B with necessary labor protection articles and high-temperature health food according to Party B's post and relevant regulations of the state and the company.
Article 4 Working hours
1. Party A actually works 5 days (40 hours) a week and has 2 days off.
2. If Party A really needs Party B to work overtime due to work (production), Party A shall compensate Party B or give Party B corresponding rest time according to the relevant regulations of the company.
3. Party B enjoys paid holidays such as statutory holidays, marriage leave, funeral leave and family planning leave stipulated by the state.
4. If Party B has justified reasons, it can take personal leave after the application is approved. Party A is not responsible for paying wages, bonuses and subsidies (except subsidies stipulated by the state) during the personal leave period.
Article 5 Labor remuneration
1. Determine Party B's monthly salary according to the current salary system of the company? Yuan. When Party A implements the new salary system, Party B's salary will be adjusted according to the new system.
2. The payday of Party A is the 2nd of every month.
3. Party A will adjust Party B's salary from time to time according to the company's economic benefits and the evaluation results of Party B's work, and according to his position and level. Party A will also give bonuses and allowances according to the relevant regulations formulated by the board of directors and the working attitude and efficiency of employees.
Article 6 Social insurance and welfare
1. Party A shall, in accordance with the labor management regulations of foreign-invested enterprises, handle endowment insurance and unemployment insurance for Party B with the relevant departments, and Party B's social insurance other than endowment insurance shall be "?" The provisions shall prevail.
2. The medical living expenses, death and funeral expenses and family members' pensions incurred by employees in China due to work-related injuries shall be borne by Party A with reference to the standards of state-owned enterprises in this Municipality.
After the end of medical treatment for work-related injuries, those who have partially lost their ability to work, but can still work, shall be assigned appropriate jobs by the unit.
3. During the contract period, Party B suffers from illness or non-work-related injury, working hours are less than 1 year, and the cumulative medical treatment period is 3 months. For every increase of 1 year, the medical treatment period may be extended by 1 month, but the longest period shall not exceed 12 months. For those who have worked in the enterprise for more than 20 years and made outstanding contributions in production and operation, the medical treatment period may be appropriately extended upon the decision of Party A. The living expenses, medical expenses, death and funeral expenses and family pension expenses during the medical treatment period shall be borne by Party A according to the standards of state-owned enterprises in this Municipality.
4. Party A shall pay Party B welfare expenses such as the one-child fee, child care fee, transportation allowance and rebate according to government regulations, and actively manage the necessary collective welfare.
Article 7 Labor discipline
1. Party B shall abide by national laws and regulations.
2. Party B shall abide by Party A's rules and regulations, work procedures and confidentiality provisions stipulated by Party A. ..
3. If Party B violates national laws, is sentenced to reeducation through labor, or is removed from the list or expelled, this contract will be automatically terminated.
Article 8 Provisions on Termination and Non-termination of Contracts
1. In any of the following circumstances, Party A may dissolve this contract and dismiss Party B:
(1) During the probation period, Party B is found to be unqualified for employment;
(2) Party B seriously violates labor discipline, and can be dismissed according to Party A's Staff Code and reward and punishment measures;
(3) Party B suffers from illness or non-work-related injury, and cannot engage in the original work or other arranged work after the prescribed medical treatment period expires;
(4) Party A's surplus staff due to changes in production and operation and enterprise adjustment;
(5) dissolution of the enterprise or expiration of the joint venture.
2. Under any of the following circumstances, Party A shall not dissolve this 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, and during the treatment period, after the medical treatment is concluded as appraised by the labor appraisal committee, Party B partially or completely loses the ability to work;
(3) Female employees who practice family planning during pregnancy, childbirth and lactation.
3. In any of the following circumstances, Party B may terminate this 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 to Party B according to the provisions of this Contract;
(3) Party A fails to perform this contract or violates relevant national laws and regulations to infringe upon the legitimate rights and interests of Party B;
(4) If Party B has justified reasons and is unable or unwilling to continue working, it needs the consent of Party A to resign. ..
4. Party A shall pay Party B welfare expenses such as the one-child fee, child care fee, transportation allowance and rebate according to government regulations, and actively manage the necessary collective welfare.
5. If Party B has received training (including internal and external internships) funded by Party A during the contract period and needs to extend the contract period, Party A and Party B shall sign another agreement. If Party B resigns or resigns on his own due to personal circumstances, Party B shall compensate Party A for the training fee. If the employee has been employed for less than 65,438+0 years during or after the training, and resigns or leaves, he will be compensated by 65,438+000% of the training fee. After work, the compensation training fee will be reduced by 20% every 1 year, and no compensation will be paid at the expiration of the contract. If Party B goes abroad for training, the training fee includes:
6. Upon the expiration of this contract, the labor relationship between Party A and Party B shall be dissolved, and Party B shall follow the "?" Rules. If it is necessary to renew the contract, it should be agreed by both parties through consultation before the expiration 1 menstrual period.
Article 9 Liability for breach of contract
If either party breaches the contract and causes economic losses to the other party, it shall bear economic responsibilities. The specific amount of compensation shall be determined by the observant party and the enterprise trade union according to the responsibilities of the breaching party and the economic losses caused to the other party. If Party B breaches the contract, it shall be liable for breach of contract in accordance with the relevant provisions of Party A's reward and punishment measures.
Article 10 Labor disputes
1. In case of any labor dispute arising from Party B's dismissal, dismissal or expulsion during the performance of this Contract, the labor dispute handling procedures shall apply.
2. The procedure of labor dispute is:
(1) shall be settled by both parties through consultation; (2) If negotiation fails, mediation can be conducted through the enterprise labor dispute mediation committee; If no settlement can be reached through negotiation or mediation, one or both parties to the dispute shall submit the dispute? The labor dispute arbitration committee applies for arbitration. If either party refuses to accept the arbitration award, it may bring a lawsuit to the people's court where Party A is located within 15 days after receiving the arbitration award.
Article 11 Matters not covered in this contract shall be implemented in accordance with the laws and regulations of People's Republic of China (PRC) and the relevant provisions of Sino-foreign joint ventures. If the terms listed in this contract conflict with the national laws and regulations, the laws and regulations of the national government shall prevail.
Article 12 The standard text of this contract shall be submitted to the higher authorities: Labor Bureau,? Personnel bureau and? The Federation of Trade Unions is on record.
This contract is made in duplicate, one for each party, and shall come into effect after being signed or sealed by both parties. The two contracts have the same legal effect.
Party a:? Limited liability company Party B:?
Representative:?
Year? Month? Day? Year? Month? sun
Time limit for signing the contract for the second time:
Since? Year? Month? Solstice? Year? Month? Day stop.
Party a:? Limited liability company Party B:?
Representative:?
Year? Month? Day? Year? Month? sun
Attached 1 description of labor contract of limited liability company.
The labor contract of a limited liability company refers to an agreement between a limited liability company and its employees to establish labor relations and clarify the rights and obligations of both parties. In order to make this contract legal and effective, we must first have a general understanding of the limited liability company.
According to China's Company Law, a limited liability company refers to an enterprise legal person whose shareholders are liable to the company to the extent of their capital contribution, and whose company is liable to its debts with all its assets. It has the following legal characteristics:
First, the responsibility is limited. This means: (1) The company's liability is limited, that is, the company is only responsible for its debts to the extent of all its assets; (2) The liability of shareholders is limited, that is, the rights of shareholders are responsible for the company to the extent of their subscribed capital contributions, and individuals are not responsible for the debts of the company. This kind of limited liability is the most basic feature of a limited liability company.
Second, lock. Limited liability companies have an upper limit on the number of shareholders, generally not more than 50. The limitation of the number of shareholders determines the lock-in of the company in raising and operating. A limited liability company cannot publicly issue shares or raise capital, but can only raise funds from a few people or even a specific group of people. At the same time, because the number of shareholders of a limited liability company is limited and relatively stable, its operating conditions do not involve the interests of the public, so its financial situation can not be made public.
Third, the establishment procedure and organizational structure are simple. The establishment of a limited liability company is only initiated and not raised, so the establishment procedure is relatively simplified. At the same time, the institutional setup of a limited liability company is arbitrary, for example, a shareholders' meeting can be set up without a board of directors, or a board of directors can be set up without a board of directors. In addition, the board of supervisors can be set up or not, so the organizational structure of * * * is relatively simple.
Fourth, the combination of capital and humanity is unified. A limited liability company is a joint venture company, which also has the characteristics of a joint venture company. Its capital compliance is: the registered capital of the company is the sum of all shareholders' contributions, and shareholders' contributions are limited to cash and property, and may not be contributed by credit or labor services. Shareholders must be responsible for the company with their own capital contributions. Its humanization is manifested in the following aspects: shareholders gather together based on mutual trust, and the relationship between shareholders is relatively close. The transfer of shares must obtain the consent of other shareholders.
When filling in this kind of labor contract, we should pay attention to the following questions:
First, the agreement of work content. Engaging in a certain job is the main purpose for both parties to sign a contract. Therefore, when agreeing on the work content, unless it can be clearly expressed in short language, the work content should be specifically agreed as an annex to the contract and attached to the main contract; In addition, the remuneration of the employed party (including the remuneration during the probation period and the remuneration after becoming a full member) should be clearly stipulated in order to minimize labor disputes in the future.
Second, because the personnel system of a limited liability company is supervised and managed by the local labor department, the effective contract text should be reported to the local labor and personnel department or the trade union for the record.
Third, as far as a certain labor contract is concerned, it is possible for both parties to renew it after the agreed term expires, so the words "the term of signing the contract for the second time" will appear at the end of the contract text. The premise of this is that both parties still abide by all the rights and obligations agreed in the contract text. When signing a contract for the second time, if one of the two parties thinks that the contents of the contract should be changed, a new contract should be concluded to replace the expired labor contract through consultation.
IV. The representative of Party A (enterprise) under this contract shall be the legal representative of the enterprise as a legal person. When signing and sealing, the name of the legal representative of the company should be signed in the column of "representative", the official seal of the company should be affixed, and the year, month and day of the previous year should be signed. Each party to the contract holds one copy, and the other copy shall be submitted to the labor and personnel management department or the trade union for the record.
Model labor contract
Party A:
Name: _ _ _ _ _ _ Nature: _ _ _ _ _ _ _
Party B:
Name: _ _ _ _ _ _ Gender: _ _ _ _ _ _ _
Age: _ _ _ _ _ _ _ Native place: _ _ _ _ _ _ _
Form of employment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authentication number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Number:
Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. Party A employs Party B to work in _ _ _ _ _ _ (post); The term of the labor contract is _ _ _ _ _ _ years (months), and it will take effect on _ _ _ _ _ _ _. The probation period is _ _ months and ends on _ _ _ _ _.
Second, the basic rights and obligations:
Party A: 1. Manage Party B according to the production (work) needs, the rules and regulations of the unit and the provisions of this contract;
2. In order to protect the legitimate rights and interests of Party B, Party B shall be paid wages, bonuses, allowances, insurance benefits and other policy subsidies according to relevant regulations;
3. Do a good job in safety education before Party B takes up his post, and provide working conditions that meet the safety and health requirements;
4. Reward and punish Party B according to relevant national regulations.
Party B: 1. Labor contract workers enjoy the rights, obligations and various treatments of fixed workers in their own units. The rights, obligations and welfare of contract workers, seasonal workers and farmers' rotation workers shall be agreed upon separately;
2. Abide by national policies and laws, and abide by the rules, regulations and disciplines formulated by Party A according to law;
3. Strictly abide by the operating rules to ensure safety in production;
4. Complete the production (work) tasks and economic indicators assigned by Party A. ..
III. Both parties shall specify specific matters:
1. Salary:
2. Labor insurance and welfare benefits:
3 according to the characteristics of the unemployment agreement, the labor contract deposit and personal insurance:
4. Others:
Four. After the Contract comes into effect, Party A and Party B shall not terminate the Contract in advance without justifiable reasons. Either party must notify the other party to terminate the contract _ _ _ days in advance and go through the relevant formalities.
5. If one party violates this contract and causes economic losses to the other party, the breaching party shall be responsible for compensating the losses according to the size of the responsibility.
Party A (signature) and Party B (signature)
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