Article 1 of post agreement According to the provisions of the Administrative Measures for Post Employment of xxx Staff and the Detailed Rules for the Implementation of Employment Contract System of xxxx Institutions, on the basis of equality, voluntariness and consensus, this unit and its employees signed the following agreement:
I. Both parties to the agreement
Party A: xxxx
Party B:
Two. Party B is engaged in post work in this department according to Party A's work needs.
Job category: management position () professional and technical position () logistics position ()
Job Level: ()
Three. articles of agreement
The term of this agreement is x years. From x, x, x to x, x, x, x.
Four, job responsibilities and qualifications
Job responsibilities:
Qualifications:
Verb (abbreviation of verb) Conditions for early termination of the post agreement: If the employee is promoted or adjusted in the post, or has to terminate the post agreement due to other circumstances, this agreement may be terminated early.
This agreement is an annex to the employment (labor) contract and shall be managed together with it.
7. This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signing.
Signature of Party A:
Signature of Party B:
Seal of Party A:
Date of signature: year month day.
Article 2 of the post-agreement Party A: XXXX Trading Co., Ltd.
Party B:
In accordance with relevant national, provincial and municipal laws and regulations, in view of Party B's key position in Party A and the corresponding remuneration paid by Party A, both parties have reached the following specific terms through negotiation on the basis of voluntariness, fairness, honesty and credibility:
I. Scope of confidentiality:
1. Party A's business information, human resource management information and financial information are confidential, including but not limited to the following:
1) business information: refers to the relevant strategic planning, objectives, tasks, information, plans, schemes, methods, procedures and business decisions involved in the business activities related to the company's business scope, including sales plans, promotional activities, purchase channels, technical sources, sales networks, product prices, supply and demand, product development plans, product market positioning, product distribution channels and product regions.
2) Human resource management information: refers to current situation analysis, diagnosis, strategic planning, planning, staffing plan, human resource expense budget (including human resource expense and cost analysis), employee recruitment, training trends, assessment system, salary system, files, relevant human resource contracts and agreements (including service agreements), statistical data analysis of human resource changes and adjustment countermeasures. , and related.
3) Financial information: the financial status of the financial department, such as collection, deposit, payment and cash flow, various sales expenses, profit data, type vouchers, and various statements including external financial statements, internal management statements, budget and final accounts statements, etc. , and the tax policies enjoyed by the company; Internal budget process and operation manual; Financial system, etc.
4) At the same time, in the production and operation of Party A, the disclosure of some information will cause one of the following consequences, which also belongs to Party A's business secrets:
A. matters affecting the company's development;
B. Matters affecting the stability and safety of the company
C. matters that put the company in a passive or disadvantageous position in commercial competition.
D. matters that harm the company's economic interests;
E. Matters that affect the smooth progress of the company's foreign exchanges and business negotiations;
F. matters affecting the company's external confidentiality obligations.
2. Party B confirms that the business secrets mentioned in this contract are informative, practical and valuable, and are not known to the public, but it does not mean that they are not known to everyone, but should be kept confidential as long as they are known to the public with the same level of knowledge and professional knowledge and the same interests.
3. Party A's following actions will not make the trade secrets lose confidentiality.
1) Party A notifies those who participate in the use of such secrets, or those who think they can keep them.
2) Party A discloses or makes others obtain such secrets to its functional personnel or staff in a licensed manner.
3) Disclosure of other similar situations due to business needs.
4) For the business information that needs to be explained, Party B can confirm with Party A separately.
Second, the return of confidential information:
1. Party B shall return all the property belonging to Party A before leaving the company, including all the carriers that record Party A's secret information.
2. All documents, materials, charts, notes, reports, letters, faxes, tapes, disks, CDs, instruments and other forms of carriers held or kept by Party B for work needs, regardless of whether these secret information has commercial value, belong to Party A..
3. If the carriers of the secret address are owned by Party B, it shall be deemed that Party B agrees to transfer the ownership of these carriers to Party A, and when Party B returns these carriers, Party A will give Party B economic compensation equivalent to the value of the carriers. However, when the carrier with the secret address is owned by Party B and the secret address can be deleted or copied from the carrier, Party A can choose to copy the secret information to other carriers owned by Party A, and then delete the secret information on the original carrier and return it to Party B..
4. Party B promises not to copy or record the above information in any form by itself or by a third party without the prior consent of Party A, otherwise it will be deemed that Party B has not fulfilled its obligation to return confidential information.
Third, the obligation of confidentiality.
1. In view of the fact that Party B once held a position involving company secrets in Party A's departments (supervisor, back office, business, finance and administration), after leaving the company, Party B should take any necessary and reasonable measures to be a good manager with a cautious and honest attitude, undertake the same confidentiality obligations as during his tenure, and protect any secret information that he knows or holds that belongs to Party A or a third party, but which Party B has promised to keep confidential.
2. Party B promises not to inform any third party (including other employees of Party A who should not know the secret) of the information or business information that belongs to Party A or others but Party B promises to keep confidential, nor to allow others to use or let others use the secret information, regardless of whether Party B benefits from it.
Four. Prohibition of commercial competition
1. Party B agrees that during its employment with Party A, it will never directly or indirectly engage in business that is competitive with Party A's business, nor will it accept the employment of Party A's competitors at the same time, nor will it (directly or indirectly) provide consulting services to Party A's competitors, nor will it employ any other employees of Party A to work for itself, nor will it instigate any other employees of Party A to accept the employment of overseas offices.
2. Party B shall not intentionally or negligently damage the cooperative relationship between Party A and the existing basic product suppliers directly or through a third party, including Party B's employer or other affiliated enterprises.
3. Before Party B leaves the company directly or through a third person (including Party B's employer or its affiliated enterprises), Party B shall not rob Party A's existing customers or persuade them to break off relations with Party A. ..
4. Party B shall not induce other employees of Party A to leave for personal or other interests.
5. Key positions include but not limited to sales, marketing, finance, management, business and other personnel leaving their jobs, and it is forbidden to be employed in the same industry in any form within two years.
6. The affiliated enterprises mentioned in Article 1 of this Article include the following and related types:
1) forms a direct or indirect holding or shareholding relationship with other enterprises, or is directly or indirectly controlled or shareholding by a third person.
2) There is no holding or shareholding relationship, but its command and control right is placed under other enterprises.
3) Share or transfer all or part of the profits or income of its single business place with other enterprises.
4) There is a personnel interlocking relationship with other enterprises, that is, sending personnel to other enterprises: including shareholders, partners, directors, supervisors, managers, employees, agents, consultants, etc.
5) Business with other enterprises accounts for an important share of its total business.
Verb (abbreviation for verb) secrecy period
1. During Party B's tenure;
2. After leaving the company, Party B will undertake the obligation of confidentiality until Party A announces that the relevant confidential contents have been decrypted or the confidential information has actually been made public. However, the non-competition period is two years from the date of Party B's resignation. Although he has not engaged in non-competition, it is still forbidden to disclose the confidential information of Party A held during his tenure within two years after leaving his post.
3. Party B acknowledges that Party A pays 50- 100 yuan of post allowance for different posts every month during Party B's tenure, and takes the monthly amount paid for this project (see the monthly salary table for the specific amount of this project) as the confidentiality fee for Party B's on-the-job and post-job confidentiality obligations, so Party A will not pay the confidentiality fee and non-competition compensation separately when Party B leaves.
4. The resignation of personnel in key positions shall comply with the relevant resignation clauses in the Employment Supplementary Agreement, at least 2 months in advance, and the resignation of management personnel shall be 3 months in advance. After Party A agrees to Party B's resignation, it shall set an appropriate confidentiality period.
5. The term "resignation" as mentioned in this contract shall be based on the time when either party clearly expresses the dissolution or resignation of the employment relationship. Party B's unilateral cessation of performance of duties shall also be regarded as resignation;
6. Party B shall abide by this agreement after leaving the company, unless Party A agrees to give up other non-competition restrictions and related responsibilities to Party B. ..
Liability for breach of contract of intransitive verbs
1. If Party B fails to hand over the confidential information and privately or entrusts others to keep any copies and record carriers of the confidential information, it shall be deemed that Party B has violated the obligation to return the confidential information stipulated in this contract.
2. If the unit or affiliated enterprise where Party B works knows Party A's business secrets, it shall be deemed that Party B has violated the confidentiality obligation of this contract, unless Party B can prove that its unit or affiliated enterprise obtained it through other legal channels.
3. Party B has understood and mastered all management regulations and voluntarily abided by them. If Party B violates any of the above terms, Party B shall:
1) immediately stop its breach of contract and actively take remedial measures.
2) Depending on the seriousness of the case, Party B shall pay Party A a penalty of 10 times the post allowance.
3) If Party B violates the obligations of this Agreement and causes losses to Party A, it shall compensate Party A for direct losses and losses of available interests, investigation fees, legal fees, attorney fees, notarization fees, etc.
4) Party A has the right to ask Party B to deliver the benefits obtained from Party A's intangible assets to Party A, and reserves the right of litigation.
Seven, intentional malicious damage behavior
In view of the particularity of Party B's position during his tenure, he may know more business secrets of Party A and have a higher level of confidentiality. Party B promises that no matter during or after Party A's tenure (for whatever reason), Party B will go to relevant units such as industry and commerce, taxation and labor to vent personal anger, or use the resources of suppliers, customers, competitors, etc. mastered during his tenure to attack and slander Party A.
Eight. In case of any dispute arising from the performance of this agreement, if both parties fail to negotiate, either party has the right to bring a lawsuit. Both parties agree that the people's court where Party A operates is the court of first instance for disputes between the two parties.
Nine. Matters not covered in this contract shall be implemented in accordance with national laws and regulations, and shall come into effect as of the date of signature and seal by both parties. This contract is made in duplicate, with the same effect, and each party holds one copy.
Signing party:
Party A: Party B:
Date of signing:
Article 3 of post agreement Party A: (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B)
In accordance with the relevant provisions of the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), Party A and Party B, through friendly negotiation, have entered into this contract for mutual compliance.
I. Term of the contract:
The term of this contract is years, from year to year.
Two. Work content of Party B
1, I need to be a driver because of my work.
2, responsible for driving, vehicle maintenance, fault inspection and maintenance, to ensure that the vehicle mechanical condition and safety condition is good.
Third, labor remuneration:
Party A pays Party B RMB yuan every month, and Party A is not responsible for Party B's social insurance expenses.
Four. Party B's labor discipline
Article 1 Drivers must abide by the Regulations of the People's Republic of China on Road Traffic Management and relevant rules and regulations on traffic safety management, the employee management system, drive safely and other relevant rules and regulations of the unit.
Article 2 Drivers should take good care of their vehicles, regularly check the main parts of vehicles, pay attention to the maintenance of vehicles, and ensure that vehicles run well. Drivers should use their spare time to scrub their vehicles and keep them clean (both inside and outside). In principle, it should be cleaned at least once a week.
Article 3 Before leaving the vehicle, it is necessary to regularly check whether the water, electricity, oil, fire extinguishers and other performances of the vehicle are normal.
Normal. When you get back from the car, check the oil storage. When you find that the fuel quantity is insufficient, you should refuel immediately, and fill in the vehicle refueling record in time after each refueling.
Article 4 When a driver finds something wrong with the vehicle he is driving, he shall repair it immediately. If he can't fix it, he should immediately report to his unit and put forward specific maintenance suggestions. Without approval, the vehicle shall not be sent to the factory for maintenance without permission, and the offender's expenses shall not be reimbursed. After each vehicle maintenance, the vehicle maintenance record should be filled in in time, and the vehicle maintenance should be carried out in the designated repair shop. After maintenance, the signed maintenance order shall be submitted to the finance department in time.
Article 5 Before a driver leaves the vehicle, he shall truthfully register the departure ticket, and fill in the departure time, reason, follower and destination, which shall be signed by the current driver for confirmation. If fraud is found, the driver shall be investigated for responsibility. When driving outside or taking the car back, park the vehicle at a fixed point in strict accordance with the regulations. When the driver leaves the vehicle, he should lock the safety lock to prevent the vehicle from being stolen, and give the key and driving license to the management personnel. He is not allowed to use the car without permission.
Article 6 A driver should always check the validity of various certificates of the vehicle he is driving to ensure that the certificates (driver's license, driving license and insurance policy) are complete when leaving the vehicle. Those who are fined for incomplete documents or violation of regulations will not be reimbursed. If an accident is caused by violation of regulations, the relevant driver shall bear the responsibility and consequences.
Article 7 drivers should pay attention to rest. They are not allowed to drive tired cars. It is forbidden to drink and drive. If there is a safety accident due to drunk driving, or if you use the car without permission, all the consequences of the violation or traffic accident shall be borne by the driver himself and administrative punishment shall be given.
Eighth comply with traffic rules, civilized driving, not dangerous driving (including high-speed, rear-end, lane change, drag racing, etc.). ).) If the driver thinks that the instructions of others, including the unit leader, can't be carried out, he should raise an objection and ask to change the instructions. If there is a traffic accident on the way, if it can be dealt with quickly, it will be solved with quick treatment. If it must be handled on the spot, it shall immediately call the police and wait for handling, and shall not flee the scene.
Ninth drivers should obey the work arrangements of management personnel, and are not allowed to delay or refuse to drive for an excuse. If you can't return in time under special circumstances, you should try to inform the management in time and explain the reasons.
Tenth without the approval of the leadership, it is strictly prohibited to hand over the vehicles that you keep to others for driving, and it is strictly forbidden to hand over the vehicles to unlicensed personnel for driving or practicing driving. No one is allowed to learn to drive with the vehicle of this unit. In case of safety accident, the driver on duty shall be responsible.
Article 11 expense reimbursement: all drivers' business expenses (parking fees, tolls, refueling, repair fees, etc. ) must be reimbursed with formal and valid documents, sorted and pasted by the driver, submitted to the management for review and signature, and then submitted to the financial reimbursement.
Twelfth in violation of the provisions of this management, improper maintenance and vehicle management, given a verbal warning, more than three times deducted a month's salary. Serious accidents caused by improper maintenance and vehicle management shall bear corresponding responsibilities and consequences.
Thirteenth drivers in case of traffic violations, all the illegal expenses incurred by the driver.
Article 14 In the event of a traffic accident, in addition to the normal compensation from the insurance company, the driver shall bear the excess. If the vehicle is lost or damaged due to the driver's own reasons, the driver shall bear it.
Verb (abbreviation of verb) Change, dissolution, termination and renewal of a contract.
1. This contract will be terminated upon expiration.
2. If the objective circumstances on which this contract was concluded have changed significantly, which makes this contract impossible to perform, the relevant contents of this contract may be changed.
3. This contract can be dissolved through negotiation between Party A and Party B. ..
4. In any of the following circumstances, Party A may terminate this contract.
(1) seriously violates labor discipline or Party A's rules and regulations;
(2) driving without permission; The vehicle has not been parked at the designated place for more than 3 times;
(three) do not obey the management, resulting in adverse effects;
(4) miners for more than 3 days;
5. Under any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing in advance:
(1) Party B is unable to work as a driver due to illness or injury;
(2) Party B is incompetent;
(3) According to the second paragraph of Article 5 of this contract, both parties cannot reach an agreement on changing the contract.
6. Party B shall notify Party A in writing 15 days in advance to terminate this contract, otherwise Party A has the right to stop paying Party B this month's salary.
7. Upon the expiration of this contract, Party A and Party B can renew the labor contract through negotiation.
Matters not covered in this contract shall be governed by relevant laws and regulations.
7. This contract is made in duplicate, with each party holding one copy, which shall come into effect after being signed by both parties.
Party A: Party B:
Year, month, sun, moon, sun.
Article 4 of the post agreement Party A:
Party B:
Gender:
ID number:
In order to strengthen the post management of employees (hereinafter referred to as employees), clarify the rights and obligations of both parties, and safeguard the legitimate rights and interests of Party A and employees, both parties sign this post agreement on the principle of equality, reasonableness and voluntariness through consultation. The term of this agreement is from year to year.
I. Rights and obligations of Party A
(1) Abide by national, provincial and municipal laws, regulations and policies and protect the legitimate rights and interests of Party B;
(II) Providing Party B with labor safety and health conditions and necessary labor protection articles that meet the national regulations;
(4) Ensure that Party B enjoys relevant vacation benefits stipulated by the state according to law;
(five) responsible for formulating job specifications, issuing production tasks and plans, and providing pre-job training for employees who take up their posts for the first time;
(VI) Be responsible for assessing employees' work attitude, working hours, work performance and performance of post agreements, and determining salary and rewards and punishments to Party B according to the regulations of state units.
Two. Rights and obligations of Party B
(1) Abide by national, provincial and municipal laws, regulations and policies and safeguard the legitimate rights and interests of Party A;
(2) Abide by Party A's rules and regulations that do not violate laws and regulations, and obey Party A's leadership, education and work arrangements;
(III) Earnestly perform the post responsibilities (see Annex I for post responsibilities), strictly abide by the safety operation rules, namely the operation rules, and complete the work tasks, production (work) quantity and quality indicators (requirements) specified by Party A;
(4) Abide by professional ethics, maintain the good image and reputation of Party A, and strictly abide by the confidentiality agreement.
Three. Liability for breach of contract and other agreed matters
During the term of this agreement, if either party violates the provisions of this agreement and causes economic losses to the other party, it shall be liable for compensation.
(1) Where Party A deducts or defaults on Party B's salary without any reason and refuses to pay Party B overtime wages, it shall pay Party B 25% economic compensation in addition to the full salary.
(2) If the salary paid by Party A to Party B is lower than the local minimum wage standard, in addition to making up the part below the standard, it shall also pay economic compensation equivalent to 25% of the supplementary part to Party B..
(3) Party B's training and recruitment are funded by Party A, and the service period agreed by both parties has not yet reached. If Party B proposes to terminate the service agreement, it shall pay liquidated damages to Party A according to the training fees actually paid by Party A ... The amount of liquidated damages shall be equally distributed according to the service period agreement.
(4) If Party B violates the rules and regulations formulated by Party A and causes losses to Party A, it shall compensate Party A according to the degree of losses. Where Party B divulges business secrets and causes losses to Party A, it shall pay compensation in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law of People's Republic of China (PRC).
(V) If Party B refuses to compensate for the losses caused to Party A by violating this Agreement, it shall be handled according to the relevant provisions of laws and regulations.
(6) Employees who violate national laws and regulations will bear the consequences.
(7) Party A has the right to deduct the compensation that Party B should pay to Party A from the salary payable to Party B. ..
(VIII) During the term of this agreement, if Party A proves that Party B is incompetent for the post responsibilities of this agreement, Party A may notify Party B to terminate the labor relationship.
Four. This agreement is made in duplicate, one for each party.
Party A:
Party B:
Legal representative;
Sex:
Authorized representative:
Resident identity card number:
Date:
Date: