Party A's
legal representative (principal in charge) or entrusted agent
registered address
business address
Party B's gender
resident ID number
or other valid certificate name certificate number
working date of Party A
home address postal code
temporary residence. Street (township)
Date of signing: year, month and day
According to the Labor Contract Law of the People's Republic of China and relevant laws and regulations, Party A and Party B sign the labor contract on the principles of equality, voluntariness, consensus, legality, fairness, honesty and credit, and promise to abide by it:
Article 1 Contract type and term
A and B.
(2) The probation period is * * * months from _ _ _ _ _ _ _ _ _ _ _.
(3) Party B shall be on duty before.
Note: The Labor Contract Law has adjusted the provisions of the Labor Law on the termination of labor contracts. Cancel the agreed termination of the labor contract, and stipulate that the labor contract can only be terminated due to legal circumstances. In other words, the parties to a labor contract may not agree on the termination conditions of the labor contract; Even if it is agreed, the agreement is invalid.
The reason for specifying the post arrival time is that the Labor Contract Law stipulates that the establishment date of labor relations is the date of employment (generally speaking, the date of arrival will prevail), and the employee has never been on duty after signing the contract, so the enterprise can't terminate the contract at will, and the legal risk and cost are high. Therefore, the post arrival time should be agreed, so that the contract will automatically become invalid later.
article 2 work content and work place
(1) according to the work needs of party a, party b agrees to take up the post, and according to the work needs of party a, the work place can be changed with the consent of both parties through consultation.
(2) Party B shall complete the specified quantity of work on time and reach the specified quality standards according to the requirements of Party A..
note: the place of work is a new necessary clause in the labor contract law. Clauses such as "workers are willing to obey the employer to adjust their jobs due to production and operation needs" or "the employer has the right to adjust the workers' jobs according to production and operation needs" are no longer written into the contract. The reason is that job adjustment is an act of changing the contract. According to the provisions of the Labor Contract Law, the change needs to be in written form. Therefore, this agreement is suspected of depriving the workers of the right to change the contract through negotiation, and the clauses that the employer exempts itself from legal responsibility and excludes the rights of the workers are invalid.
article 3 working hours and rest and vacation
(1) party b implements the following working hour system.
1. If a fixed working system is implemented, the average daily working hours shall not exceed 8 hours and the average weekly working hours shall not exceed 6 hours.
2. in case of irregular working hours, the working hours and rest and vacation shall be arranged by both parties through consultation.
(2) if party a arranges to extend party b's working hours due to work needs, it shall arrange for party b to make up the rest at the same time or pay overtime wages according to law.
(Note: The wage standard for overtime work should be clearly stated in the contract according to relevant national regulations. )
(3) Party B shall enjoy the holidays stipulated by the state and the vacation system stipulated by the unit according to law.
Note: Working hours, rest and vacation are the new necessary clauses in the Labor Contract Law.
article 4 labor protection and working conditions
(1) party a shall provide party b with necessary
safety protection measures and distribute necessary labor protection articles according to the needs of production posts and the relevant national regulations on labor safety and hygiene.
(2) Party A establishes a safety production system according to relevant national laws and regulations; Party b shall strictly abide by party a's labor
safety system, and strictly prohibit illegal operations to prevent accidents during labor and reduce occupational hazards.
(3) Party A shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, and improve the level of occupational disease prevention and control.
Note: Labor protection, working conditions and protection against occupational hazards are the new necessary clauses in the Labor Contract Law.
Article 5 Labor Remuneration
(1) The basic (fixed) salary standard of Party B during the probation period is RMB/month, and the salary of Party B during the probation period is RMB, and the performance salary is approved according to Party B's performance appraisal.
(II) After Party B's probation period expires, Party A shall, according to the wage system of this unit, determine that Party B will implement the following wage form:
1. Hourly wage. Party B's salary consists of basic (fixed) salary and performance salary. The basic (fixed) salary is RMB/month, and the performance salary is approved according to Party B's performance appraisal. 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 shall be subject to Party A's relevant system.
3. Other salary forms. The specific agreement is as follows:
(3) Party A (or the unit designated by Party A) shall pay Party B's salary on a monthly basis in cash, with the payday being the day of each month. If Party B provides normal labor, the salary paid by Party A to Party B shall not be lower than the minimum wage standard stipulated by the local government.
note: the basic (fixed) wage standard of the laborer shall be indicated in this contract, and the performance pay shall be determined by performance appraisal. "the company designated by party a
" solves the situation that the unit where the labor contract is located and the wage payment unit are separated, that is, the situation of "sending workers abroad".
"25th" is 5 days later than the normal pay time, so as to avoid the situation that sometimes the pay is delayed within a reasonable period.
(4) during the contract period, party a shall give party b the opportunity to raise his salary and treatment according to his work performance. (Note: The salary increase should be clearly stated in the contract. )
Article 6 Social Insurance and Welfare Benefits
(1) Party A and Party B must participate in the statutory social insurance stipulated by the local government in accordance with the law, and pay the social insurance premium to the social insurance institution affiliated to the labor and social security department on time in accordance with the relevant provisions of the state, and the part that Party B should pay shall be withheld and remitted by Party A from Party B's salary.
(2) Party B is entitled to medical treatment and economic compensation according to law for work-related injuries (deaths) and occupational diseases.
(3) if party b suffers from illness or non-work-related injury during the term of the labor contract, he shall enjoy the medical treatment period stipulated by the state according to law.
(4) the welfare benefits of party b shall be implemented according to the regulations of the state and party a ..
Article 7 Modification, dissolution, termination and renewal of the labor contract
(1) In any of the following circumstances, Party A and Party B may modify this contract:
1. Both parties reach an agreement through consultation without harming the interests of the state, the collective and others;
2. The objective conditions on which the labor contract was concluded have changed significantly and reached an agreement with Party B through consultation;
3. The labor contract cannot be fully performed due to force majeure;
4. The laws and regulations on which the labor contract was concluded have been revised;
5. Other circumstances stipulated by laws and regulations.
(II) In case of any of the following circumstances of Party B, Party A may terminate this contract:
1. During the probation period, it is proved that Party B does not meet the employment conditions;
Note: HR department should keep the recruitment materials to keep the evidence of employment conditions.
2. Party B seriously violates labor discipline and Party A's rules and regulations;
3. Serious dereliction of duty, graft, which causes great damage to the interests of Party A;
4. Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after being put forward by Party A;
5. Party A is made to conclude or change the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Those who have been investigated for criminal responsibility according to law.
Note: It is revised according to Article 39 of the Labor Contract Law. In case of employee fraud, the labor contract may also be terminated according to item 5 of Article 39.
(3) In any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing 3 days in advance:
1. Party B is unable to take up his original job or other jobs 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;
3. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed and Party A and Party B cannot reach an agreement on changing the labor contract through consultation;
(4) Party B may terminate this contract under any of the following circumstances:
1. Party A fails to provide reasonable remuneration to Party B on time and in quantity;
2. Party A fails to provide Party B with insurance benefits on time and in quantity;
3. Party A fails to provide Party B with reasonable posts and training opportunities;
4. Party A cannot provide better development opportunities for Party B;
Note: It is drawn up according to Article 4 of the Labor Contract Law, and there is no change.
VIII. Other agreed terms
(1) Where Party A provides training for Party B, both parties shall sign a Training/Education Agreement separately. If the labor contract is terminated in advance due to Party B's reasons, Party B shall compensate Party A for the training and other expenses, and the specific compensation standard shall be implemented as stipulated in the Training/Education Agreement.
(2) Before Party B signs the labor contract, Party A has the right to know the basic information directly related to Party B's labor contract, including but not limited to the education background, resume, qualification or employment certificate of the laborer, and whether the previous labor relationship was dissolved or terminated. Laborers shall truthfully explain it and promise its authenticity in writing. If Party A is tricked into signing a labor contract due to intentional omission or concealment of the basic information mentioned above, if it is found out by Party A or prosecuted by the original unit, it will be regarded as Party B's fraud and lead to serious misunderstanding of Party A. Party A has the right to apply for the invalidation of this contract from the beginning according to law, and the losses caused to Party A therefrom shall be borne by Party B in full.
(3) if party b fails to arrive at the post according to the arrival date specified in article 1 of this contract, this contract will automatically become invalid upon the expiration of the arrival date, unless it is approved by party a. The losses caused to Party A from this shall be fully borne by Party B..
(4) the annexes to this contract have the same effect as this contract. However, if there is any conflict or inconsistency between the terms of this contract and the annex, the annex shall prevail.
(5) During the performance of this contract, if Party A changes its name, legal representative or principal responsible person, investor and other matters, it will not affect the performance of this contract; In case of merger or division of Party A, the Contract shall remain valid and be continued to be performed by the successor unit.
(6) during the contract period, all patents, copyrights and other intellectual property rights generated by Party B's job behavior or mainly utilizing Party A's material and technical conditions belong to Party A, and Party B has no right to conduct commercial development.
(7) after both parties sign this contract, Party B shall not be employed by any other unit to engage in the same or similar business or competitive conflict with Party A during the contract period.
(8) Party B shall keep confidential the business secrets about Party A and its affiliated companies obtained during the contract period, and shall not disclose them to any third party (including employees of Party A who have no need for work). Party B's breach of confidentiality obligations is regarded as a serious breach of this contract, and it is considered that there are sufficient reasons to be dismissed. Such confidentiality obligations shall remain binding on Party B at any time after the termination or expiration of this Contract.
note: trade secrets, non-competition restrictions and special training are only stipulated in principle in the main contract, and will be dealt with by signing a separate agreement.
X. Matters not covered in this contract shall be governed by laws and regulations; If there are no provisions in laws and regulations, it shall be settled by both parties through consultation; Both parties can modify this contract through consultation. If both parties fail to negotiate or a labor dispute occurs, they shall apply to a mediation institution for mediation according to law and bring a lawsuit in a people's court.
Xi. this contract is made in duplicate, and shall come into effect as of the date of signature and seal by both parties; Each party holds one copy. Party A shall establish a roster of employees for future reference according to regulations, and go through the filing formalities with the labor department.
party a (seal) and party b (signature)
legal representative, person in charge
or entrusted agent (signature)
year month day month day month day.