Model coal mine labor contract (1)No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of Party A (employer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Attribute: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (entrusted agent): _ _ _ _ _ _ _ _ _ _ _
Name of Party B (laborer): _ _ _ _ _ _ _
Gender: _ _ _ _
Date of birth: _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Resident ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Printed by Hunan Provincial Department of Labor and Social Security
According to the Labor Law of People's Republic of China (PRC) and other laws, regulations and rules, Party A and Party B agree to sign this Labor Contract on the basis of equality, voluntariness and consensus, and jointly abide by the terms listed in this Contract.
I. Type and duration of the contract
Article 1 Party A and Party B choose the following methods to determine the term of this contract:
(1) has a fixed term: from _ _ _ _ to _ _ _ _ _.
(2) No fixed term: starting from _ _ _ _ _ _ _ _ _
(three) to complete a task (task) as the deadline. Starting from _ _ _ _ _ _ _ _
The probation period starts from _ _ _ _ _ _ _ _ years.
Second, the work content
Article 2 According to Party A's work needs, Party B agrees to take up the post (type of work). The post (type of work) can be changed with the consent of both parties.
Article 3 Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
Third, working hours and rest and vacation.
Article 4 Party B shall implement the working hours system.
(1) Where the standard working hour system is implemented, Party A shall arrange for Party B to work no more than _ _ _ hours a day and no more than _ _ _ hours a week. Party A may extend the working hours due to the need of work after consultation with the trade union and Party B, and generally the working hours shall not exceed one hour per day. If the working hours need to be extended due to special reasons, the working hours shall not exceed _ _ _ _ _ _ _ _ _ _ _.
(two) the implementation of the comprehensive calculation of working hours, the average daily working hours shall not exceed _ _ _ hours, and the average weekly working hours shall not exceed _ _ _ _ _ hours.
(3) In case of irregular working hours, Party B shall arrange working hours and rest and vacation by itself.
Article 5 Where Party A extends Party B's working hours, it shall also arrange for Party B to take compensatory time off or pay overtime wages according to law.
Article 6 During the contract period, Party B shall enjoy all the rights of rest and vacation stipulated by the state, and Party A shall ensure that Party B has at least _ _ _ days of rest every week.
Four. Labor protection and working conditions
Article 7 Party A shall strictly implement national and local laws, regulations and rules on labor protection, provide Party B with necessary working conditions and tools, establish and improve production technology, and formulate operating rules, work norms, labor safety and health systems and standards.
Article 8 Party A shall provide Party B with education and training on production safety, so as to ensure that Party B has the necessary knowledge on production safety, is familiar with relevant rules and regulations on production safety and safe operation procedures, and master the skills of safe operation in this position. Party B shall not work at his post without passing the safety education and training.
Article 9 Party A shall urge Party B to strictly implement the safety production rules and regulations and safety operation rules of the unit; And truthfully inform Party B of the risk factors, preventive measures and emergency measures in the workplace and post.
Party A shall inform Party B of the following matters concerning labor safety and prevention of occupational hazards:
1、____________________________________
2、____________________________________
3、____________________________________
Article 10 Party A must provide employees with labor protection articles that meet national standards or industry standards, and supervise and educate Party B to wear and use them according to the rules of use.
Article 11 Where Party B is engaged in the operation exposed to occupational hazards, Party A shall organize the occupational health examination before and after taking up the post according to the relevant national regulations, and conduct regular health examination for Party B during the contract period.
Article 12 Party B has the right to know the risk factors, preventive measures and emergency measures in its workplace and post, to make suggestions on Party A's safety in production, to refuse Party A's illegal command, to criticize Party A and its managers' disregard for Party B's health, and to report and accuse to relevant departments. Party A shall not reduce Party B's salary, welfare and other benefits or terminate the labor contract with Party B for this reason.
Article 13 Party B shall receive education and training in production safety, master the knowledge of production safety required by his own work, improve his skills in production safety and enhance his ability of accident prevention and emergency response.
Article 14 During the operation, Party B shall strictly abide by Party A's safety production rules and regulations and operating procedures, obey management, and wear and use labor protection articles correctly.
Verb (abbreviation of verb) labor remuneration
Article 15 The salary standard of Party B during the probation period is RMB/month. (The salary during the probation period shall not be less than _ _% of the salary of employees in the same job and position)
Article 16 After the probation period of Party B expires, Party A determines that Party B will implement the following salary forms according to the salary system of this unit:
(1) hourly wage. Party B's salary consists of the following parts: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; The standards are _ _ _ yuan/month, _ _ _ yuan/month, _ _ yuan/month and _ _ _ yuan/month respectively. If Party A's salary system changes or Party B's post changes, it shall be determined according to the new salary standard.
(2) Piece rate. Party A shall formulate scientific and reasonable labor quota standards, and the piece-rate wage is agreed as follows.
(3) Other forms of wages. See Article _ _ _ of this Contract for specific agreement.
Article 17 Party A shall pay Party B's salary monthly in the form of legal tender, and the payday shall be the day of each month, and shall not be deducted or delayed without reason. When Party A pays Party B's salary, it shall not violate the national regulations on minimum wage.
Article 18 Where Party A arranges Party B to extend the daily working hours, it shall pay no less than150% of Party B's salary; If Party B is arranged to work on the rest day and cannot make up for the rest day, Party B shall pay no less than _ _ _% of Party B's salary; Where Party B is arranged to work on legal holidays, it shall pay no less than _ _ _% of Party B's salary.
Article 19 Where Party A arranges Party B to work from _ _ to _ _ the next day, the night shift allowance for each working day is _ _ _ yuan; Engaged in underground work, underground allowance is _ _ _ yuan per working day.
Article 20 If Party A stops work, production or business for less than one month due to reasons other than Party B, Party A shall pay Party B the salary according to the salary standard agreed in this contract; If Party B is not arranged to work for more than one month, Party A shall pay Party B the shutdown living expenses according to the local unemployment insurance standard.
Article 21 During the holidays enjoyed by Party B according to law, such as annual leave, family leave and funeral leave, Party A shall pay Party B the salary according to the relevant national and local standards or the standards agreed in the labor contract.
Intransitive verb social insurance and welfare
Article 22 Party A shall pay the basic pension, basic medical care, unemployment, work injury and maternity insurance fees for Party B according to national and local laws, regulations and policies on social insurance; Party A may withhold and remit personal social insurance premiums from Party B's salary.
When Party A and Party B dissolve or terminate the Labor Contract, Party A shall handle relevant social insurance procedures for Party B according to relevant regulations.
Article 23 The medical treatment for Party B's illness or non-work-related injury shall be implemented in accordance with relevant national and local policies and regulations.
Article 24 Party B's work-related injury treatment shall be implemented in accordance with relevant national and local policies and regulations.
Article 25 The treatment of Party B during pregnancy, childbirth and lactation shall be implemented in accordance with the relevant national and local maternity insurance policies.
Article 26 Party A shall provide Party B with the following welfare benefits:
1、____________________________________
2、____________________________________
3、____________________________________
Seven, labor discipline and rules and regulations
Article 27 All rules and regulations formulated by Party A according to law shall be publicized to Party B. ..
Article 28 Party B shall strictly abide by the rules and regulations formulated by Party A, complete labor tasks, improve professional skills, implement labor safety and health regulations, and observe labor discipline and professional ethics.
Article 29 If Party B violates labor discipline, Party A may give corresponding administrative sanctions, administrative treatment and economic penalties according to the rules and regulations of the unit until the Contract is dissolved.
Eight. Alteration, rescission, termination and renewal of the labor contract
Article 30 If the objective circumstances on which this contract was concluded have changed greatly, which makes this contract impossible to perform, the relevant contents of this contract can be changed through consultation between Party A and Party B. ..
Article 31 This contract can be dissolved after both parties reach an agreement through consultation.
Article 32 In any of the following circumstances, Party A may terminate this contract.
1, which is proved not to meet the employment conditions during the probation period;
Employment conditions are:
①____________________________________
②____________________________________
③____________________________________
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. Being investigated for criminal responsibility or reeducation through labor according to law.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signing this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Model coal mine labor contract (II)No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Basic information of Party A
Party A: _ _ _ _ _ _ _ _ _
Legal representative or entrusted agent _ _ _ _ _ _ _
Tel: _ _ _ _ _ _
Business address: _ _ _ _ _ _ _ _ _
Mailing address: _ _ _ _ _ _ _ _ _
Article 2 Basic Information of Party B
Party B _ _ _ _ _ _ _ _ _
Gender _ _ _ Nationality _ _
Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ Family contact (relationship) _ _ _ _ _ _ _
Registered residence: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telephone _ _ _ _ _ _ _ _ _
Party B clearly declares that the identity certificate provided to Party A is legal and valid. If there is any falsehood, Party B shall compensate Party A for one month's personal salary according to Party B's breach of contract and agree to Party A's dismissal.
Article 3 This contract is a fixed-term labor contract. This contract will take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 4 Party A and Party B agree that the place of performance of the labor contract is _ _ _ _ _ _ _ _ _ coal mine.
Article 5 According to Party A's work needs, Party B agrees to work in _ _ _ _ _ _. Party A may change Party B's post according to the needs of work and in line with the principles of reasonableness, honesty and credibility.
Article 6 Party A shall pay Party B's salary in cash, and shall not deduct or default on Party B's salary without reason. Party A shall record the time, amount, working days and signature of the salary paid to Party B in written form. Party B has provided normal labor within the legal working hours or the working hours stipulated in the labor contract signed according to law, and the salary paid by Party A to Party B shall not be lower than the local minimum wage standard.
Through negotiation between Party A and Party B, Party B's salary is determined according to the following terms:
A. Party B's salary shall be determined according to the internal salary distribution method in the rules and regulations formulated by Party A according to law, and Party B's monthly salary shall be determined as _ _ _ _ _ _ _ _ _ _ _.
B. Party A implements the piecework wage system (the salary paid to employees includes personal income tax and full pension insurance, medical insurance and unemployment insurance payable to social security departments), and Party B completes Party A's quota with good quality and quantity within legal working hours, and Party A pays Party B's salary on time according to the agreed quota, piece rate and Party B's performance.
Article 7 Party A shall pay work-related injury insurance for Party B according to law. If the personal identification provided by Party B to Party A is not timely, legal or true, resulting in the inability to pay work-related injury insurance, the expenses incurred shall be borne by Party B. ..
Article 8 Party A shall, in accordance with the relevant provisions of the state and the autonomous region on labor protection, provide a workplace that meets the national labor hygiene standards and effectively protect the safety and health of Party B in production. If occupational hazards may occur during Party B's work, Party A shall truthfully inform Party B and protect Party B's health and related rights and interests according to the provisions of the Law on the Prevention and Control of Occupational Diseases.
Party A shall provide Party B with necessary labor protection articles in accordance with the regulations of relevant state departments and the positions Party B is engaged in, and arrange a physical examination for employees who have worked for more than one year for free every year.
Party B makes it clear that I have a clear understanding of coal production and the health requirements of employees in the mine, and the mine has clearly informed me that I have physical conditions (diseases) that are not suitable for coal production. My physical condition is completely suitable for the health requirements of coal mines, and there is no physical condition (disease) unsuitable for coal mine production. If I am disabled or die due to physical reasons (or I intentionally cause alcoholism, self-mutilation, suicide, etc.). When I am engaged in coal mine production (or living in a mine), all the responsibilities arising therefrom shall be borne by me, and Party A shall not bear any responsibilities.
Article 9 Responsibilities and obligations of Party B:
Have the right to refuse Party A's illegal command and force risky operation, criticize Party A and its managers' disregard for Party B's life safety and health, and report and accuse Party A to relevant departments.
During the contract period, Party B shall obey the leadership of Party A and strictly abide by Party A's rules and regulations, especially the operating rules, work specifications and labor safety system. If Party B violates labor discipline, Party A may give necessary criticism, education, off-the-job training, economic punishment or disciplinary action; If Party B seriously violates safety regulations and labor discipline, and Party A causes losses to Party A in addition to financial penalties, Party B shall be responsible for Party A in double indemnity, and Party A has the right to dismiss Party B at any time.
If any unsafe hidden danger is found in the work, Party B must first deal with the hidden danger and ensure safety before doing other work. If Party B cannot handle the hidden danger safely, it must evacuate to a safe area first, and report to the team leader or mine manager immediately, and then do the work after the hidden danger is eliminated. In the mining area, Party B has the right and obligation to refuse all activities that endanger the safety of itself and others.
Have the right and obligation to stop others from engaging in activities that endanger their own and others' safety. In case of production liability accident, Party B agrees to bear the corresponding expenses in proportion to its own responsibility. However, if Party B seriously violates the "three violations" and refuses to listen to dissuasion, all losses caused thereby shall be borne by Party B (including work-related injuries of third parties and losses caused to Party A).
Article 14 In case of any dispute between Party A and Party B due to the performance of this contract, Party B must apply to the Labor Dispute Arbitration Committee of xxx County for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the local people's court according to law after receiving the arbitration award. Party B shall not intimidate the government and Party A by illegal means such as obstructing their normal work order and disturbing social order. If Party B threatens the government and Party A by illegal means, Party A may impose a fine of more than _ _ _ _ _ _ _ yuan on Party B. ..
Article 15 The annexes to this contract are as follows:
1:_ _ _ _ _ _ _ Company's Code for Coal Miners
2. _ _ _ _ _ _ _ _ _ _ Company's Measures for Rewards and Punishment of Coal Mine Safety Management
3:_____________________。
Article 16 This contract shall come into effect as of the date of signature or seal by both parties. This contract is made in duplicate, one for each party.
Party A (official seal) _ _ _ _ _ _ Party B (signature) _ _ _ _ _ _
Legal representative (principal responsible person) _ _ entrusted agent (signature) _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model coal mine labor contract (III) Party A (employer) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A (employer)
Legal Representative: _ _ _ _ _ _
Party B (laborer): _ _ _ _ _
Gender: _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Household registration: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the Labor Contract Law of People's Republic of China (PRC) and relevant national laws, regulations and policies, Party A and Party B agree to sign this contract on the basis of equality, voluntariness and consensus, and jointly abide by the following terms:
I. Term of Labor Contract
The fixed term starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Second, the work content and work place
1. Party A arranges Party B to work in _ _ _ _ _ _ _ _ (post).
2. During Party B's work in Party A, Party A may sign a post responsibility letter or change Party B's post and task through consultation according to the work needs and Party B's work ability and performance.
Three. working hours
1. During Party A's work, Party B shall implement corresponding irregular working hours, irregular working hours and comprehensive working hours according to the post requirements and the national regulations.
2. Except for the unrestricted circumstances stipulated in the Labor Law, Party A can arrange Party B to work overtime due to the needs of production and operation (work) and through consultation with the trade union and Party B, and give compensatory time off or pay overtime wages according to the prescribed standards. And overtime shall not exceed _ _ hours per day and _ _ hours per month.
3. During Party B's work in Party A, Party A shall arrange Party B's holidays according to national statutory holidays, maternity leave, family leave, marriage leave, work leave and other holidays.
Fourth, labor remuneration.
1. During the probation period, Party B's salary is RMB/month. After the probation period expires, the hourly wage is RMB per month, piecework wage and other forms of remuneration. Payment date of salary settlement.
2. Party B's salary during the probation period shall not be lower than the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
3. Party A can strengthen training to improve work efficiency according to Party B's performance during the employment period. Party B has the right to promotion and salary adjustment.
4. Party B's bonuses, allowances and subsidies shall be implemented according to relevant regulations, and overtime pay shall be paid according to the Labor Law of People's Republic of China (PRC) and the wage payment regulations of xx Province.
Verb (abbreviation for verb) social insurance and welfare
2. During the contract period, if Party B suffers from illness or non-work-related injury, the medical treatment period shall be determined according to his actual working years and working hours in this unit, and the specific standards shall be implemented in accordance with relevant state regulations. During the specified medical treatment period, Party B's sick pay, disease relief fund and medical treatment shall be handled in accordance with relevant regulations.
3. During the contract period, Party B's funeral subsidies, pensions for supporting immediate family members, relief funds, and subsidies for survivors who died due to work or illness shall be handled in accordance with relevant national and local regulations.
Intransitive verbs labor protection, working conditions and labor discipline
1. Party A shall provide Party B with labor protection facilities and working conditions that meet the national regulations according to the relevant regulations of the state and local governments, and conduct regular health examinations for Party B. ..
2. Party A and Party B agree that when Party B is employed by Party A to work in a special industry, Party A will calculate _ _% of Party B's total monthly salary and return it to Party B on a monthly basis as special expenses for occupational disease prevention, nutrition, rehabilitation and treatment, and Party B will arrange to use it. However, Party A has the task of paying the annual centralized inspection fee for occupational diseases during Party B's work. After Party B receives the special expenses for occupational diseases of this enterprise, Party A will no longer bear all expenses for Party B's nutrition, rehabilitation and occupational disease treatment. ..
3. Party A shall train Party B in labor safety knowledge, rules and regulations, business operation procedures and skills according to relevant national regulations; Party B shall participate in the above training and strictly abide by the labor safety laws and regulations, operating procedures and rules and regulations related to its post.
Seven. Alteration and rescission of labor contract
(1) The Labor Contract can be dissolved through negotiation between Party A and Party B. ..
(II) In any of the following circumstances, Party B may terminate the labor contract:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Failing to pay labor remuneration in full and on time;
3. Failing to pay social insurance premiums for workers according to law;
4. The rules and regulations formulated by Party A violate the provisions of laws and regulations and damage the rights and interests of workers;
5. Party B concludes or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
(3) Under any of the following circumstances, Party A may terminate the Labor Contract:
1, proved to be unqualified for employment during the probation period;
2. Party B seriously violates Party A's rules and regulations.
3. Serious dereliction of duty, graft, causing great damage to Party A;
4. Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of this unit, or refuses to correct it after being put forward by Party A;
5. Party B invalidates the labor contract signed or changed by Party A by fraud or other means;
6. Being investigated for criminal responsibility according to law.
(4) In other cases, both parties shall implement it in accordance with the relevant provisions of the current Labor Contract Law.
(V) The Contract shall be terminated upon the expiration of the Contract or the occurrence of termination conditions agreed by both parties.
Eight. Liability for breach of labor contract
1. After the labor contract is concluded according to law, it is legally binding and both parties must strictly perform it. In case of a labor dispute, both parties may apply for mediation, arbitration or bring a lawsuit according to law. It can also be settled through consultation.
2. Any party who violates the contract or fails to terminate the contract according to regulations shall bear legal responsibilities. Where the labor rules and regulations formulated by Party A violate the provisions of laws and regulations, causing damage to Party B, and Party B dissolves the labor contract in violation of the prescribed conditions or violates the confidentiality matters stipulated in the labor contract, causing economic losses to Party A, Party B shall be liable for compensation in accordance with the relevant provisions.
Nine. Matters not covered in this contract shall be implemented in accordance with relevant regulations or settled by both parties through consultation. Where the matters specified in this contract conflict with the mandatory norms of new laws and regulations, the latter shall prevail.
X this contract is made in duplicate, each party holds 1 copy.
Signature (Seal) of Party A _ _ _ _ _ _ _
Date of signing this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Signature (Seal) of Party B _ _ _ _ _ _ _
Date of signing this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \