labour contract
Party A: Beijing * * Textile Products Co., Ltd. Registered address:No. * * Road 1, Miyun Industrial Development Zone, Beijing.
Business address:No. * * Road 1, Miyun Industrial Development Zone, Beijing Legal Representative: * *
Party B: * * Gender: Male
Household registration type: agricultural/non-agricultural ID number: * * * * * * * * * * * * * * *
Household registration address: Group 5, Committee 3, Beishou Street, Liaoyuan City, Jilin Province Postal code: 1300 12.
Beijing Address:No. * * Miyun Industrial Development Zone, Beijing Postal Code: 10 1500.
In accordance with the Labor Contract Law of People's Republic of China (PRC), the Regulations of Beijing Municipality on Labor Contracts (hereinafter referred to as the Regulations) and relevant national laws, regulations and policies, Party A and Party B, on the basis of equality, voluntariness and consensus, have entered into this Labor Contract for the purpose of establishing the labor relations between Party A and Party B and regulating the rights and obligations of both parties.
Article 1 Term and probation period of the contract:
This contract is a fixed-term labor contract, valid for 5 years, from June 65438+1 October 1 day, 2008 to June 65438+1October/day, 2065. The probation period is 0 months.
Article 2 Work content and work place:
1. Party B's work place is the Equipment Department of * * Company, and it is also the place where he was born in the workshop. Party A can reasonably determine within its business scope according to actual needs.
Party B agrees to adjust Party B's work place, and agrees to the change that does not belong to this contract.
2. According to the business development needs of the company, Party A arranges Party B to be the head of the equipment department of the production department, and Party B shall complete the tasks assigned by Party A on time with good quality and quantity according to the post responsibilities determined by Party A;
3. Party A may adjust Party B according to the needs of production and operation and Party B's ability [specialty, skills and health] and work performance.
Post (including but not limited to Party A's internal transfer or cross-regional transfer). Party B agrees to Party A's work arrangement and agrees that
This is not a change to this contract.
Article 3 Working conditions and labor protection
1. Party A shall establish and improve work norms, operating procedures and labor safety and health systems according to relevant national laws and regulations; Crystal
Party A shall provide the workplace meeting the national safety and health standards and the necessary labor tools to complete the task.
2. Party A can provide Party B with necessary labor protection articles and physical health conditions according to the actual situation of Party B's post and national regulations.
Check;
3. Party B must strictly implement the work norms, operating rules and labor safety and health system formulated by the state and Party A, and consciously prevent accidents.
And the occurrence of occupational diseases.
4. Party A shall provide Party B with necessary business, skills, technical training, professional ethics, labor safety and health according to the needs of the work.
Education of various rules and regulations.
Article 4 Working hours
1. Party A implements an 8-hour working system for Party B's post.
2. When Party A needs Party B to work overtime, it shall pay Party B overtime expenses according to the relevant regulations of the state and Party A. ..
Article 5 Labor remuneration
1. Party A shall pay Party B the salary in cash before 30th of each month, and the monthly salary is 1 100 yuan.
2. During the probation period, Party B's basic salary shall be calculated and paid at 80% of the above total basic salary;
3. If Party A implements the new wage system, the salary of Party B will be adjusted according to the new system, but it shall not be lower than the minimum wage standard in Beijing in that year.
4. The salary paid by Party A to Party B is pre-tax (after-tax) salary, and Party B must pay personal income tax in accordance with national regulations, which shall be withheld and remitted by Party A. ..
5. Party A implements the post salary change system, and Party A can assess and adjust Party B's salary according to the different post salary rules formulated by Party A;
6, Party A can also according to the company's operating conditions, rules and regulations, economic benefits, Party B's assessment and Party B's working years,
Reward and punishment records, etc. Adjust the salary level of Party B, but it shall not be lower than the minimum wage standard of Beijing in that year.
Article 6 Social insurance benefits
1. Party A shall pay social insurance for Party B in accordance with the relevant regulations of the State and Beijing, and the part that shall be borne by Party B according to law shall be withheld and remitted by Party A from Party B's salary;
2. The medical treatment for Party B's illness or non-work-related injury shall be implemented according to the relevant regulations of the State and Beijing. Within the effective time and medical treatment period stipulated by the State, Party A shall pay Party B sick pay according to the standard of 16 yuan/day.
Article 7 Measures for rewards and punishments of labor discipline
1. Party B shall abide by national laws and regulations, social ethics and professional ethics, and safeguard the interests and reputation of Party A;
2. Party B must strictly abide by labor discipline and various rules, regulations and working procedures formulated and revised by Party A;
3. Party A rewards Party B for exemplary compliance with labor discipline and rules and regulations, and punishes Party B for violation of labor discipline and rules and regulations.
4. The consequences arising from Party B's violation of laws, regulations and labor discipline shall be borne by Party B itself. If losses are caused to Party A, Party B shall be liable for compensation.
Article 8 Performance and Modification of the Contract
1. Party A and Party B shall fully perform their respective obligations according to this contract.
2. Party A shall pay Party B's labor remuneration in full and on time in accordance with the provisions of this contract and national regulations, and strictly implement the labor quota standard.
3. If Party A changes its name, legal representative, principal responsible person or investor, this contract will remain valid and will not affect its performance.
4. Party A and Party B can change the contents of this contract in writing through consultation.
Article 9 rescission and termination of labor contract
1. Party A and Party B can dissolve this contract through negotiation.
2. Party B may terminate this contract, but it shall notify Party A in writing 30 days in advance. If Party B terminates this contract during the probation period, it must notify Party A three days in advance.
3. Under any of the following circumstances, Party B may terminate the Labor Contract:
(1) Failing to provide labor protection or working conditions as agreed in this contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for Party B according to law;
(4) Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) Other circumstances in which Party B can dissolve the Labor Contract as stipulated by laws and administrative regulations.
4. In any of the following circumstances, Party A may terminate the labor contract:
(1) is proved not to meet the employment conditions during the probation period;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) If 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, the labor contract is invalid;
(5) Being investigated for criminal responsibility according to law.
5. Under any of the following circumstances, after Party A notifies Party B in writing 30 days in advance or pays Party B an extra month's salary,
This contract may be dissolved under the following circumstances:
(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 prescribed medical treatment period 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 this contract was concluded have changed greatly, which makes this contract impossible to perform, and both parties cannot reach an agreement on changing the contents of the contract through consultation;
(4) Party A adjusts the service content or changes the business purpose;
(5) The contract cannot be fully performed due to force majeure;
(6) The laws, regulations, rules and policies on which this Contract is based are changed or dissolved;
(seven) other circumstances stipulated by laws and regulations.
6. In any of the following circumstances, this contract will be automatically terminated:
(1) The contract expires;
(2) Party B begins to enjoy the basic old-age insurance benefits according to law;
(3) Party B dies, or is declared dead or missing by the people's court;
(4) Party A is declared bankrupt according to law;
(5) Party A's business license is revoked, ordered to close down, revoked or the employer decides to dissolve in advance;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 10 Education and training
1. If Party B conducts training (including domestic and overseas internships) at its own expense during the contract period, Party A will sign another training agreement with Party B..
The training agreement is an integral part of the contract and has the same legal effect. If it is necessary to extend the contract term, Party A and Party B shall
Party B shall sign another contract;
2. If Party B receives the training funded by Party A during the contract period, during the training period and the specified service period, it violates this contract due to Party B's reasons.
Or the company's rules and regulations or the training agreement signed by both parties, terminate the labor contract and pay Party A's salary according to Party A's regulations or training agreement.
Pay liquidated damages.
Article 11 Intellectual property rights
1. During the contract period, Party B shall perform tasks assigned by Party A or make business-related inventions and discoveries during working hours.
And improvement. , whether individually or jointly with others, must be immediately put forward to Party A..
The report, whether or not to apply for a patent, the ownership of its invention or discovery belongs to Party A and is the exclusive property of Party A,
Party B shall not claim to be the owner of intellectual property rights, and Party B has the obligation to keep secrets;
2. If Party A explicitly waives the patent right or ownership of Party B's inventions, discoveries and improvements in writing, Party B may
Apply for a patent to protect the invention, and can freely dispose of the patent right, but Party A still reserves the right to use it permanently and free of charge in its business.
The right to invent.
Article 12 Keep secrets
1. During or after the termination or dissolution of this contract, Party B shall not disclose Party A or Party A to any individual or company in any way.
Business secrets of affiliated enterprises (including but not limited to Party A's production, operation and management information or technologies related to Party A's products)
Technical information), Party B shall not use it to compete with Party A or perform any duties other than the duties and obligations stipulated in this Contract as Party B..
For other purposes, Party B must strictly abide by the confidentiality system formulated by Party A;
2. Records related to Party A's business and work obtained by Party B during the working period, as well as relevant materials or other documents obtained by Party A, shall be owned by Party A. ..
There are (including but not limited to drawings, blueprints, production plans, technical materials, memos, customer lists, formulas,
Financial statements, sales materials, etc. ). Party B must return the above-mentioned materials and documents belonging to Party A to Party A before the contract expires or resigns;
3. If Party B divulges Party A's secrets during the contract period or after leaving the company, thus causing economic losses to Party A, Party A will investigate Party B's economic compensation.
Responsibility;
4. Party B shall abide by the confidentiality management system of Party A and the confidentiality agreement signed with Party A separately.
Thirteenth part-time jobs
During the validity of this contract, Party B shall not engage in any paid or unpaid part-time job similar to this industry without the prior written permission of Party A.. In case of violation, Party A has the right to punish according to the company's rules and regulations, and Party B shall pay all the income generated therefrom to Party A and compensate the economic losses according to Article 14 of this contract.
Article 14 Liability for breach of contract
1. If either party breaches the contract, it will cause economic losses to the other party (including but not limited to recruiting employees and paying employees).
Training fees, direct economic losses caused by production and operation, etc. ), must bear the responsibility of economic compensation, specifically
The amount of compensation is determined according to the size of the liability for breach of contract and the degree of economic losses caused to the other party;
2. During the term of this contract, Party B violates training, housing supply, confidentiality or other special treatment and signs another agreement.
Party A will handle it according to the relevant regulations of the company or the agreement signed by both parties.
3. Party A and Party B agree that if there is any dispute arising from Party B's violation of the provisions of this Agreement, Party A has the right to submit information about Party B's breach of contract and dispute.
Inform Party B of the specific circumstances (including arbitration by arbitration institutions, court decisions, etc.). ) and have the right to publish in relevant media.
Open according to law.
Article 15 Handling of labor disputes
In case of any dispute arising from the performance of this Contract, both parties may apply to the Labor Dispute Mediation Committee of Party A for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration.
Article 16 Others
1. If there is any conflict between the terms of this contract and the company's rules and regulations, the company's rules and regulations shall prevail;
2. One month before the expiration of this contract, if both parties agree to renew the contract, they shall go through the formalities of renewing and renewing the labor contract; If the contract term
Upon expiration, both parties will not renew the contract, and Party B shall handle the work handover and expense settlement according to Party A's labor rules and regulations.
Various pre-departure procedures, including:
3. Matters not covered in this contract shall be settled by both parties through friendly negotiation; If an agreement is needed, both parties shall sign a supplementary agreement after consultation.
Signed by:
Party A: (Seal)
Party B: (signature) Fingerprint of Party B's right thumb:
Legal representative or authorized representative: (signature)
Date of signature: 65438+February 3, 20071
Renew the labor contract record
Renewal 1:
1. () Fixed-term contract, from year month to year month.
Second, the content and terms of the labor contract are as before.
Party A: (Seal)
Party B: (signature) Fingerprint of Party B's right thumb:
Legal representative or authorized representative: (signature)
Date of signature: year month day.
the change of labor contract
On the basis of equality, voluntariness and consensus, Party A and Party B agree to make the following changes to the labor contract concluded by both parties on.
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Party A: (Seal)
Party B: (signature) Fingerprint of Party B's right thumb:
Legal representative or authorized representative: (signature)
Date of signature: year month day.
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