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★★★★ Work, labor and mobility are the same as the template ★★★
★ The employment agreement is not equal to the labor contract.
According to the relevant regulations of the state, the employment agreement is an agreement signed by college students, schools and employers before graduation to determine employment intentions and related rights and interests. Like the engagement agreement, it is only symbolic and can only protect the interests of college students before graduation. However, after graduation, in principle, the school has broken away from the tripartite relationship, and graduates and employers can only bind each other through labor contracts.
At present, in the employment disputes between college graduates and employers, employers' breach of contract is the main reason. Relevant departments come forward to solve such problems, and generally mobilize both parties to negotiate, and the defaulting party will pay a certain penalty; However, if both parties fail to indicate the content of the breach in advance, the binding force is relatively weak.
Therefore, it is suggested that when college students sign employment agreements with employers at school, it is best to clarify the liability for breach of contract, so as to urge both parties to perform their duties. In particular, it needs to be reminded that college graduates can't continue to use the previous Employment Agreement after entering the contracting unit, and they must sign a formal labor contract with the employer in time, which should be included in the normal labor rights protection category and earnestly safeguard their legitimate rights and interests.
★ Model employee employment labor contract
In order to further strengthen the management service of flexible employees in cities and towns and guide laid-off workers in cities and towns to realize flexible employment in various forms; Do a good job in the establishment and continuation of social insurance and improve the relevant employment services after flexible employment. Through negotiation, Party A and Party B reach the following agreement:
I. Rights and obligations of Party A
(I) Rights of Party A
1. During the agreement period, Party A has the right to request Party B to provide relevant materials on flexible employment and social security relations;
2. During the term of the agreement, Party A has the right to arrange for Party B to be temporarily inspected by the superior.
3. During the agreement period, Party A has the right to track and manage Party B; Keep abreast of their employment situation;
4. During the agreement period, Party A has the right to ask Party B to cooperate and support the work of relevant parties.
(II) Obligations of Party A
1. During the term of the agreement, Party A actively provides guidance and assistance to Party B to implement the service;
(1) Provide employment policy guidance and suggestions;
(2) Providing flexible employment skills training;
(3) Providing employment information (labor information);
(4) Guide the connection between endowment insurance and medical insurance.
2. Timely or regularly review relevant materials and products provided by Party B and provide services.
3, in accordance with the provisions, timely declare the relevant subsidy procedures to the fool machine employment department.
4. After the expiration of the agreement, take the initiative to provide Party B with the matter of whether to renew the agreement.
Two. Rights and obligations of Party B
(I) Rights of Party B
1. During the agreement period, enjoy employment training, career guidance, career introduction and labor intermediary services stipulated by national and provincial policies.
2. During the agreement period, enjoy social insurance subsidies in accordance with national policies.
3. During the agreement period, enjoy free re-employment policy guidance and re-employment policy consulting services.
4. During the agreement period, accept Party A's guidance on the connection between basic old-age insurance and medical insurance.
5. After the expiration of the agreement, Party A may propose to renew or terminate the agreement.
6. During the agreement period, those who do not need to register for unemployment and pay unemployment insurance, do not enjoy unemployment insurance benefits and meet the conditions, shall receive the unemployment insurance benefits they have not received and the unemployment insurance benefits they should receive after re-unemployment.
7. During the agreement period, Party B can flexibly choose the following flexible employment methods according to its age, culture, skills and physical condition.
A, 1 community cleaning, 2 community greening, community security, community employment assistant (information);
B, 1 public * * * property management, public * * * market management and public * * * traffic management.
C, 1 Take care of the elderly, 2 take care of the children, 3 take care of the patients;
D, 1 housekeeping service, 2 take-out service, 3 health care service e, 1 store attendant, 2 restaurant attendant; F. Self-employment within and outside the community
(II) Obligations of Party B
1. During the agreement period, you should take the initiative to register flexible employment at the labor security workstation in your community.
2. During the agreement period. Report on flexible employment and income every quarter.
3. During the agreement period, pay the basic old-age insurance premium on time.
4. Complete the temporary tasks assigned by Party A on time during the agreement period.
5. During the agreement, Party B shall cooperate and support Party A's work.
Three. Termination of the agreement
The latest model of flexible employment agreement
During the agreement period, if Party B is employed by the employing unit and signs a labor contract for more than 1 year, it will be regarded as stable employment, and this agreement will be terminated naturally.
Four. Once this agreement is signed, both parties shall abide by, support and understand each other.
Verb (abbreviation of verb) This agreement is made in duplicate, one for each party.
Terms of intransitive verb agreement
The first signing: year month day to year month day.
Party A: Party B:
Signature of person in charge signature of person in charge
Time: Year Month Day Time: Year Month Day
The second signing: from year to year.
Party A: Party B:
Signature of person in charge signature of person in charge
Time: Year Month Day Time: Year Month Day
The third signing: from year to year.
Party A: Party B:
Signature of person in charge signature of person in charge
Time: Year Month Day Time: Year Month Day
★ Model employee labor contract
Party A (employer): _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (name): _ _ _ _ _ _ _ Gender: _ _ _ _ _ _ _ Education/Skills: _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _.
Sign and explain
1. Both parties should read this contract carefully before signing the contract. Once this contract is signed, it has legal effect and both parties must strictly perform it.
2. This contract must be signed or sealed by the legal representatives (or entrusted agents) of the employer (Party A) and the employee (Party B), and stamped with the official seal of the employer (or special seal for labor contract).
3. Blank fields in this contract shall be filled in by both parties after negotiation, and shall not violate laws, regulations and relevant provisions; Blank columns that do not need to be filled in are marked with "/".
Four, the working hours system is divided into standard working hours, irregular working hours and comprehensive working hours. The implementation of irregular and comprehensive working hours system shall be approved by the labor and social security department.
Verb (abbreviation of verb) For matters not covered in this contract, a supplementary agreement can be signed separately as an annex to this contract.
Six, this contract must be carefully filled in, legible, concise and accurate, and shall not be altered without authorization.
Seven, after the signing of this contract (including attachments), Party A and Party B shall keep one copy for the record, and Party A shall not keep it for Party B.. ..
According to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B voluntarily sign this contract through equal consultation, and jointly abide by the terms listed in this contract.
I. Type and duration of the contract
Article 1 The term of this contract adopts the following methods (choose one).
A contract with a fixed term. The term is months, from the date of the month to the date of the month. After the expiration of this contract, if both parties agree to continue to perform it, this contract will be automatically extended for 30 days from the date of expiration. If both parties fail to reach an agreement on the new contract after 30 days, the performance of this contract will be terminated.
B, open-ended contract. Since that day this year.
C, complete a job within the contract period. Specifically:. If the actual commencement time of Party B is inconsistent with the commencement time agreed in this contract, the actual commencement time of this contract shall prevail; At the same time, the expiration time is automatically extended backward or forward.
Second, the probation period
Article 2 Both parties agree to determine the probation period as follows (the probation period is included in the term of the labor contract):
1, no probation period.
2. The probation period begins on the day of the month and ends on the day of the month. (If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. )
Article 3 The employment conditions are as follows:
A. cultural knowledge: B. physical condition: C. labor skills: D. work ability: E. team spirit: F. others:
Article 4 If Party B terminates the labor contract during the probation period, it shall notify Party A three days in advance.
Three. Work content and work place
Article 5 Party B agrees to take up the post (type of work) according to Party A's work needs. Party B's work shall meet the work standards required by Party A. In any of the following circumstances, Party B shall agree to Party A's adjustment of Party B's post:
1, according to the business needs of Party A; 2. Party B is incompetent;
3. Party B is replaced by others due to vacation; 4, other reasons really need to adjust the work.
Article 6 Party B's work place: Party A has the right to change Party B's work place under the following circumstances:
1. The business premises of Party A are changed;
2. Party B's work place needs to be changed due to Party A's business needs;
3. Under the above circumstances, if Party B refuses to change the work place, Party A may unilaterally terminate the labor contract.
Fourth, working hours and rest and vacation.
Article 7 Party A arranges Party B to implement the work system in Item.
1. Standard working system: Party A arranges Party B to work no more than eight hours a day and no more than forty hours a week. Party A guarantees that Party B has at least one day off every 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. Where the working hours are extended due to special needs, the extended working hours shall not exceed three hours per day and thirty-six hours per month under the condition of ensuring Party B's health.
2, comprehensive calculation of working hours.
3. Flexible working hours.
Article 8 During the contract period, Party B shall enjoy legal holidays, public holidays, annual leave, paid holidays such as weddings, funerals and childbirth.
Verb (abbreviation of verb) labor remuneration
Article 9 According to the principle of distribution according to work, Party A's salary structure is basic salary+bonus+subsidy, Party B's basic salary is RMB yuan, and the basic salary during probation period is RMB yuan (the salary during probation period shall not be lower than 80% of Party A's minimum salary in the same position or the salary agreed in this contract, and shall not be lower than the minimum wage standard in the place where Party A is located). Bonuses and subsidies are determined according to Party A's welfare and Party B's work performance. During the contract period, Party A shall pay Party B the salary of last month in cash before each month. If Party A fails to pay on time or Party B thinks that Party A fails to pay on time, it shall be deemed that Party A has notified Party B in writing of the date of refusal to pay wages.
Article 10 Where Party A arranges Party B to work overtime, it shall arrange compensatory time off or pay overtime wages according to the standards stipulated by the state. Overtime wages are paid according to.
VI. Insurance Benefits
Article 11 During the contract period, Party A and Party B shall participate in social insurance in accordance with relevant national and local regulations, and pay and withhold Party B's social insurance premium in full and on time. Party B shall submit all relevant materials for handling social insurance to Party A at the time of employment.
Article 12 Where Party B suffers from illness or non-work-related injury, his sick pay, sickness relief fund and medical treatment shall be implemented in accordance with relevant national and local regulations and Party A's implementation measures.
Article 13 Party A may, according to the specific conditions of its own unit, formulate detailed rules for the implementation of internal employee benefits according to law. Party B has the right to enjoy the welfare benefits stipulated by Party A. ..
Seven, labor protection, working conditions, vocational training and labor discipline
Article 14 Party A must establish and improve labor safety and health rules and regulations and work norms, and provide safety and health education to Party B to prevent illegal operation and illegal command.
Article 15 Party A shall provide Party B with necessary working conditions and a safe and hygienic working environment. Party A shall fulfill its obligation to inform Party B of the positions that may cause occupational hazards, and do a good job in preventing occupational hazards in the labor process.
Article 16 Special protection shall be given to female workers and underage workers, and Party A shall provide female workers with labor protection during pregnancy, childbirth and lactation in accordance with state regulations.
Article 17 Party A shall provide Party B with necessary vocational training or provide necessary conditions for Party B to receive vocational training.
Article 18 Party A shall formulate and improve internal rules and regulations and labor discipline according to law, and regulate and manage Party B according to law.
Article 19 Party B shall strictly abide by the rules and regulations formulated by both parties and obey the management of Party A. ..
Eight. Alteration, rescission, termination and renewal of the labor contract
Article 20 Under any of the following circumstances, Party A and Party B shall modify the labor contract and handle the contract modification procedures in time:
1, both parties reach an agreement through consultation;
2. The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform; 3. The laws, regulations and rules on which this contract is based have changed.
Article 21 Under any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing 30 days in advance or pay Party B an extra month's salary:
1. Party B suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by Party A after the medical treatment expires;
2. Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment, for example, in the performance appraisal, he is still not qualified for the job after training. ;
3. The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform, and both parties cannot reach an agreement on the modification of this contract through consultation.
Article 22 In case of any of the following circumstances of Party B, Party A may terminate this contract at any time and will not bear the responsibility of economic compensation:
1, proved to be unqualified for employment during the probation period;
2. In case of serious violation of Party A's rules and regulations, the labor contract may be terminated according to the rules and regulations;
3. Party B seriously neglects his duty and engages in malpractices for personal gain, causing great damage to Party A's interests of more than 1000 yuan (inclusive);
4. Being investigated for criminal responsibility according to law;
5. Establishing 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 the employer refuses to correct it;
6. Party A concludes or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; If Party B fails to provide relevant employment information within 30 days, Party A will be unable to go through the formalities of employment and social insurance payment for Party B; Upon verification, the personal information provided by Party B to Party A or the employing unit is false, including but not limited to: work experience, resignation certificate, identity certificate, household registration certificate, education certificate, medical certificate, etc. Is false or forged; Suffering from mental illness, infectious diseases and other diseases that seriously affect the work before applying for the job, but not declared at the time of applying; Being severely punished by other units before applying for the job, such as recording a demerit, staying in the factory for observation, being expelled or being removed from the list, or having a bad record of drug abuse and failing to declare it when applying for the job; Those who have been reeducated through labor, detained or investigated for criminal responsibility according to law before applying for the job, but failed to declare when applying for the job, etc. ;
7. Other circumstances stipulated by laws and regulations.
Article 23 In case of any of the following circumstances of Party B, Party A shall not terminate this contract according to the provisions of Article 21:
1. Party A suffers from occupational diseases or work-related injuries and is confirmed to have lost or partially lost the ability to work;
2. Illness or non-work-related injury within the prescribed medical treatment period;
3. Female employees during pregnancy, childbirth and lactation;
4. Engaged in operations that are exposed to occupational hazards, failing to undergo occupational health examination before leaving the post, or suspected of suffering from occupational diseases during diagnosis or medical observation;
5. Having worked in Party A continuously for fifteen years and less than five years before the statutory retirement age;
6. Other circumstances stipulated by laws and administrative regulations.
Article 24 Under any of the following circumstances, Party B may terminate this Agreement:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
3. Party A fails to pay labor remuneration as agreed in the labor contract;
4. Failing to pay social insurance for workers according to law;
5. Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers;
6. Party A illegally directs or forces risky operations to endanger the personal safety of Party B. ..
Article 25 This contract shall be terminated in any of the following circumstances:
1. The contract expires;
2. Party A goes bankrupt, its business license is revoked, it is ordered to close down, dissolve or be revoked;
3. Party B retires, resigns, dies, is declared dead or is declared missing;
4. Party A and Party B have actually failed to perform this contract for three months;
5. Other circumstances stipulated by laws and administrative regulations.
Article 26 When the Contract expires or the termination conditions agreed by both parties appear, if the circumstances specified in Article 23 of this Contract do not apply to Party B, the term of this Contract shall be postponed until the corresponding circumstances disappear.
Article 27 If Party B terminates the labor contract, it shall notify Party A in writing 30 days in advance (60 days in advance at the level of deputy manager or above) and go through the formalities for terminating the labor contract. However, if the work undertaken by Party B has not been completed and the work cannot be handed over, immediate resignation will cause economic losses to Party A, and Party B cannot temporarily terminate the labor contract; If the economic losses caused by Party B to Party A have not been dealt with or are under review due to other problems, Party B shall not terminate the labor contract.
Article 28 In case of termination or rescission of this contract, Party A shall issue a certificate of rescission or termination of the labor contract at the time of rescission or termination of this contract, and go through the formalities for transferring the relationship between archives and social insurance for Party B within fifteen days, without delay or unreasonable refusal.
Article 29 This Agreement shall be terminated upon its expiration. If either party needs to renew the contract, the other party may agree to go through the renewal formalities one month before the termination of the contract.
Article 30 Where a fixed-term labor contract is concluded for two consecutive times, unless Party B proposes to conclude a fixed-term labor contract, an open-ended labor contract shall be concluded.
Nine. Economic compensation and liability for breach of contract
Article 31 The law clearly stipulates that if Party A terminates this contract in violation of the conditions stipulated in this contract or concludes an invalid labor contract due to Party A's reasons, it shall pay corresponding economic compensation or compensation according to law; Where there is no clear provision in the law, and Party B is damaged, it shall be liable for compensation according to the degree of loss.
Article 31 If Party B terminates this contract in advance during the contract period, except for the circumstances specified in Article 24 of this contract, Party A has the right to demand Party B to compensate for the following expenses:
1. Recruitment expenses paid by Party A;
2. If the probation period expires, during the contract period, Party A may require Party B to pay the training fee. The specific payment method is: if there is an agreement on the service period, the capital contribution will be divided into equal parts according to the service period and paid gradually according to the service period performed by Party B; If the service period is not agreed, the capital contribution shall be shared equally according to the labor contract period, and shall be paid step by step according to the contract period that Party B has fulfilled; If there is no agreed contract term, the capital contribution is divided into five years of service, and the employee's service period is paid in descending order; If both parties have an agreement on the calculation method of decline, such agreement shall prevail.
X. Supplementary clauses and special agreements
Article 32 Party B shall keep Party A's business secrets. Business secrets refer to technical secrets and business information that are not known to the public, can bring economic benefits to Party A, and are practical and kept confidential by Party A ... including but not limited to the following contents:
1, technical data. The scope of technical data generally includes technical scheme, engineering design, circuit design, manufacturing method, formula, process flow, technical index, computer software, database, test results, drawings, samples, prototypes, models, molds, operation manuals, technical documents, business correspondence involving trade secrets, etc.
2. Business information. The scope of business information generally includes customer list, marketing plan, purchasing data, pricing policy, undisclosed financial data, purchase channels, production and marketing strategies, bidding targets, bidding contents, etc.
3, the company in accordance with the provisions of the law (such as the other party's secret in the process of contracting) and relevant agreements (such as technical contracts, etc.). ) should bear the obligation of confidentiality, etc.
Article 33 Supplementary Provisions: (Adjust the contents as necessary)
1. If it is necessary to work at the project site due to work, the working time and place shall be implemented in accordance with the project management system.
2. When Party A and Party B exercise the right of rescission agreed in this Agreement, they shall notify each other in writing. If the other party refuses to sign the notice, it is deemed to have been delivered to the other party (the person present may be other employees of the company).
3. Party A adopts paperless office, and Party B shall regularly read all notices and rules and regulations issued by the company's intranet and strictly abide by them. Party A's internal rules and regulations such as personnel management regulations, employee manuals and job descriptions are annexes to this agreement, which have the same legal effect as this agreement, and Party B knows and recognizes them.
XI。 Handling of labor disputes
Article 34 In case of any dispute arising from the performance of this contract, both parties may apply to the Labor Dispute Mediation Committee of this enterprise for mediation, or apply to the competent Labor Dispute Arbitration Committee for arbitration in writing within the prescribed time limit. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Twelve. others
Article 35 If the matters not covered in this contract or the contents of relevant labor standards in the future are contrary to the relevant provisions of the state and this Municipality, the relevant provisions shall prevail.
Article 36 The labor contract signed by both parties before this contract comes into effect shall automatically become invalid from the date of signing this contract. If the terms of other relevant agreements signed before (including but not limited to confidentiality agreement, training agreement and non-competition agreement) are inconsistent with this contract, this contract shall prevail.
Article 37 If the two parties reach an agreement on supplement or amendment to relevant matters afterwards, it shall be determined by signing a written agreement on supplement or amendment.
Article 38 Party B agrees to entrust the "emergency contact person" at the beginning of this contract as the trustee of Party B when Party B is in a contact obstacle state (including but not limited to Party B's hospitalization due to illness and loss of personal freedom). ), the client has the right to accept reconciliation and mediation, and to receive and sign relevant documents on behalf of Party B. Party B determines the following address as the service address of relevant documents and instruments on labor relations management. If the following address changes, Party B shall notify Party A in writing.
Article 39 This contract is made in duplicate, one for each party, with the same effect, and shall come into effect as of the date of signature and seal by both parties.
Representative of Party A: _ _ _ _ _ _ (signature) Representative of Party B: _ _ _ _ _ _ (signature)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employment agreement is not equal to labor contract;
★ The employment agreement is not equal to the labor contract.
★ Is the student employment agreement equal to the labor contract?
★ The labor department reminds that the employment agreement cannot replace the labor contract.
★ The difference between graduate employment agreement and labor contract
★ Difference between Tripartite Agreement and Labor Contract
★ What is the use of the employment agreement for college students?
★ How to write the employment agreement?
★ Flexible Employment Agreement for Graduates
★ Selected essays on five employment agreements
★ Case Analysis of College Graduates' Employment Rights Protection
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