According to the relevant provisions of the Labor Contract Law, employers and employees are allowed to agree on liquidated damages in the following two situations: It is not allowed to agree with the employee that the employee will bear liquidated damages:
(1) If the employer provides special training fees for employees and provides them with professional technical training, it may enter into an agreement with the employee to agree on services. period and liquidated damages for breach of service period.
(2) For workers who have confidentiality obligations, the employer may agree on non-competition clauses with the workers in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the non-competition clause shall be Economic compensation will be given to workers on a monthly basis during the period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Self-employed labor contract template
Party A:
Party B:
The employer (hereinafter referred to as Party A) and the employee (hereinafter referred to as (Referred to as Party B)
According to the "Labor Law of the People's Republic of China" and the "Beijing Interim Measures for the Labor Management of Individual Industrial and Commercial Households and Private Enterprises", Party A and Party B voluntarily sign this contract after equal consultation, * * * Comply with the terms set out in this contract.
Article 1. The term of this contract starts from day, month, year, and ends on day, month, year, with a trial period of days.
Article 2 Party B agrees to work for Party A..
Article 3 Party A’s requirements for the quality and quantity of Party B’s labor are as follows
Article 4 A Party B shall pay Party B’s salary in currency on the first day of every month, and the salary shall not be less than RMB yuan, of which the salary during the probation period shall be RMB yuan.
Article 5
Party A shall arrange for Party B to work no more than 8 hours a day and 40 hours a week, and ensure that Party B has at least one day off. If working hours need to be extended due to work needs, with the consent of Party B, the daily working hours shall not exceed 3 hours and the monthly working hours shall not exceed 36 hours..
Article 6 If Party A arranges for Party B to work overtime, he/she shall pay the amount in accordance with the law. The best wage shall be paid according to the following standards:
1. If the working hours are extended beyond the legal standard working hours, Party B shall be paid 150% of the hourly wage standard;
2. Rest days If Party B works, 200% of Party B’s daily or hourly wages will be paid;
3. If Party B is arranged to work on statutory holidays, 300% of Party B’s daily or hourly wages will be paid.
Article 7 Party A and Party B shall pay social insurance premiums in accordance with the relevant regulations of the state and Beijing Municipality on social insurance.
Article 8 Party A shall implement national labor protection laws and regulations and provide Party B with labor safety and health facilities. According to the needs of the type of work, Party B will be provided with labor protection supplies and labor tools necessary for production and work.
Article 9 Party A is responsible for handling personal accident insurance for Party B. The insurance period is determined by Party A based on the term of the labor contract signed by both parties, and the insurance amount is RMB.
Article 10 If Party B is sick or injured not due to work, Party A will provide a medical treatment period of one month. Party A will bear % of the medical expenses incurred by Party B during the medical treatment period.
Article 11 The labor disciplines Party B shall abide by are:
Article 12 If the objective circumstances on which this contract is based undergo major changes, making it impossible to perform this contract, the relevant contents of this contract may be changed through consensus reached by both parties.
Article 13: Party A may terminate this contract under any of the following circumstances:
1. During the probation period, Party A is proven not to meet the employment conditions;
< p>2. Party B seriously violates labor discipline or Party A’s rules and regulations;3. Party B seriously neglects its duties, engages in malpractice for personal gain, and causes significant damage to Party A’s interests;
4. Being held criminally responsible in accordance with the law.
Article 14 Under any of the following circumstances, Party A may terminate this contract, but shall notify Party B in writing 30 days in advance:
1. Party B is ill or ill Injured at work and unable to engage in the original job after the medical treatment expires;
2. Party B’s labor does not meet the quality and quantity agreed upon in the labor contract;
3. According to Article 12 of this contract According to the provisions of Article 15, if Party A and Party B cannot reach an agreement on changing the contract;
Article 15 The parties to the contract may negotiate to terminate the labor contract.
Article 16 Party B shall notify Party A in writing 30 days in advance to terminate this contract.
Article 17 If any of the following circumstances occurs, Party B may notify Party A to terminate this contract at any time:
1. During the probation period;
2. Party A forces labor by means of violence, threats, imprisonment or illegal restriction of personal freedom;
3. Party A fails to pay labor remuneration or provide labor conditions in accordance with the provisions of this contract.
Article 18 Party A shall not rescind or terminate this contract under any of the following circumstances:
1. Illness or non-work-related injury during the medical period;< /p>
2. Female employees during pregnancy, childbirth, or lactation;
3. Party B suffers from occupational diseases or is injured at work and is confirmed to have lost or partially lost the ability to work.
Article 19 If Party A expires or goes bankrupt, the labor contract will be terminated.
Article 20
Party A shall comply with Article 14 of this contract. Article 15: If Party B's labor contract is terminated, or Party A withholds or delays Party B's wages without reason, or refuses to pay Party B's overtime wages, Party A shall pay Party B compensation in accordance with the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" issued by the Ministry of Labor. Pay financial compensation.
Article 21
If Party A violates the conditions stipulated in this contract to terminate the labor contract or concludes an invalid labor contract due to Party A's reasons, causing losses to Party B, the Ministry of Labor shall The "Compensation Measures for Breach of Labor Contract" (Labor Law) compensates Party B for losses.
Article 22
If Party B violates the conditions stipulated in this contract to terminate the labor contract or violates the commercial secrets stipulated in this contract, causing losses to Party A, Party B shall comply with the requirements of the Ministry of Labor The "Compensation Measures for Breach of Labor Contract" (Labor Law) compensates Party A for its losses.
Article 23 Other contents agreed upon by the parties.
Article 24
If one party requests arbitration for a labor dispute arising from the performance of this contract, it shall apply to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. arbitration. If you are dissatisfied with the ruling, you may file a lawsuit with the People's Court.
Article 25 If matters not covered in this contract are inconsistent with future relevant national and Beijing regulations, the relevant regulations will apply.
Article 26 This contract is made in two copies, with each party holding one copy.
Party A’s signature (seal) Party B’s seal
Signature date: year, month, day
Forensic medical authority (seal)
Verification Person (signature)