The main contents of the sales service contract include:
1, basic information of employers and workers;
2. Term of the labor contract;
3. Work content and work place;
4. Labor remuneration and payment methods;
5. Conditions for alteration, dissolution and termination of the labor contract;
6. Compensation and liability for breach of contract;
7. Confidentiality and non-competition clauses;
8. The effective way of the contract.
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Model sales service contract
Name of Party A (employer): _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Company address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of Party B (laborer): _ _ _ _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _ _ _ _ _
Resident ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
According to the Labor Law and relevant laws, regulations, rules and policies, Party B is a contract employee of Party A through equal consultation, and this Contract is concluded.
I. Term of Labor Contract
This contract is a fixed-term labor service contract, starting from the date of the month to the date of the month. The probation period is from _ _ _ _ _ _ _ to _ _ _ _ _ _ _.
Second, the work content.
(I) Party B's post: During the probation period, Party A has the right to adjust Party B's post according to the work needs and Party B's working ability.
(II) Party B's work tasks (quantification) and assessment methods: implemented according to company regulations.
(III) Liability of Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(IV) During the validity period of this contract, if Party B's work performance, attendance and business behavior do not conform to Party A's relevant regulations on the assessment and appointment of business personnel, Party A has the right to adjust Party B's post, salary and treatment and terminate this contract according to Party A's relevant systems and the stipulations of this contract.
Three. working hours
(1) Both parties agree to implement the working hours system:
1, standard working hour system. Party B's working hours shall not exceed 8 hours per day and 40 hours per week. Due to work needs, Party A may extend the working hours after consultation with the trade union or Party B, which shall generally not exceed 65,438+0 hours per day. Where it is necessary to extend the working hours for special reasons, the working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring Party B's health.
2, comprehensive calculation of working hours. The administrative licensing decision on the special working hours system of the labor administrative department shall be obtained in advance. The average daily working hours shall not exceed 8 hours, and the average weekly working hours shall not exceed 40 hours.
3. The system of irregular calculation of working hours. The administrative licensing decision on the special working hours system of the labor administrative department shall be obtained in advance. Working hours and rest and vacation are arranged by yourself.
(2) Where Party A extends Party B's working hours, it shall arrange for Party B to take compensatory time off or pay overtime pay at the same time. However, due to the post characteristics of the sales staff, Party B voluntarily conducts market research, customer data sorting and other work outside working hours such as holidays, and Party A will not pay overtime without Party A's confirmation.
4. Labor remuneration.
(1) The monthly salary of Party B during the probation period includes basic salary and other performance rewards, of which the basic monthly salary is RMB. See the enterprise rules and regulations formulated by Party A according to law for other rewards and assessments.
(III) The wage payment date is15th day per month, and Party A shall not default without reason. In case of holidays or rest days, payment will be adjusted to similar working days.
(IV) During the probation period, if Party B proposes to dissolve this contract, it must submit a written application to Party A seven working days in advance. After consultation with Party A, the customer must be handed over to the company and the relevant resignation procedures can be completed before leaving the company; If the resignation formalities are not handled, the company has the right to settle the salary according to the enterprise rules and regulations;
(V) Party A adjusts Party B's salary according to the operating conditions of the enterprise and the salary distribution method formulated according to law. If Party B does not raise any objection within 60 days, it shall be deemed as agreement.
Verb (abbreviation of verb) Conditions for alteration, dissolution and termination of a labor contract
(1) This contract can be modified or dissolved by mutual consent.
(2) If Party B has any of the following circumstances, Party A may terminate the Labor Contract.
1. It is proved that it does not meet the employment conditions during the probation period.
2. Party B seriously violates labor discipline or Party A's rules and regulations.
3. Party B seriously neglects his duty and engages in malpractices for personal gain, thus causing great damage to the interests of Party A. ..
4. At the same time, the establishment of labor relations with other employers may affect the completion of Party A's work tasks, or Party A refuses to correct it after proposing it.
5. If Party A's business secrets are disclosed and economic losses are caused to Party A, or economic losses are caused to Party A due to Party B's intentional or gross negligence, Party A reserves the right of recourse.
6. Party A enters into or changes this contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others, thus making this contract invalid.
7. Being investigated for criminal responsibility according to law.
8. Other circumstances stipulated by laws and regulations.
(III) When Party A and Party B dissolve or terminate this contract, Party B shall hand over the work to the individual designated by Party A, return the office supplies, documents, equipment and other assets of Party A in its possession, hand over all the carriers carrying important information of Party A, clear up the creditor's rights and debts of both parties with Party A, and handle resignation procedures and other outstanding matters.
Compensation of intransitive verbs and liability for breach of contract
(1) When Party A and Party B dissolve this contract, Party A shall implement it according to the relevant national regulations.
(II) If Party B terminates this contract in violation of relevant state regulations or the stipulations of this contract, thus causing losses to Party A, Party B shall compensate Party A for the following losses:
1. Expenses incurred by Party A in recruiting and employing Party B. ..
2. During Party B's on-the-job (including job transfer), Party A shall pay the vocational and technical training fees. If Party B terminates this contract before the service period agreed by Party A, Party A may collect compensation according to the actual training fee (including the salary during the training period), and the standard is to reduce the actual training fee by 80% for each year of service. If both parties agree otherwise in the training agreement, it shall be handled according to the training agreement.
3. Direct economic losses caused to Party A's operation and work.
4. Other expenses that Party B should compensate.
(III) Where Party B has not terminated this Contract with Party A, but has established labor relations with other employers, thus causing losses to Party A, it shall be liable for compensation.
(4) If this contract cannot be performed or fully performed due to the fault of either party, the party at fault shall bear legal responsibility; If it is the fault of both parties, according to the actual situation, both parties shall bear their respective legal responsibilities.
(5) If either party violates this contract and causes economic losses to the other party, it shall pay compensation to the other party according to the consequences and the size of the responsibility.
7. Party A may sign confidentiality and non-competition clauses with Party B according to the specific conditions of Party B's post.
Eight. The enterprise rules and regulations formulated by Party A according to law, including but not limited to employee handbook, job responsibilities, training agreement, non-competition agreement, safety standards, salary system, assessment system, attendance system and other relevant company management measures, are the main annexes of this contract.
Nine. This contract is made in duplicate, each party holds one copy, and each copy has the same legal effect.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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