Labor Contract Law

Labor contract number:

Party A (employing unit)

Unit name:

Economic nature:

Legal representative:

Address:

Tel:

Postal code:

Party B (laborer)

Name:

Gender:

Age:

ID card number:

Education:

Professional title :

Home address:

Tel:

Postal code:

In order to establish the labor relationship between the two parties and clarify the rights and obligations of both parties , in accordance with the provisions of the current "Labor Law", "Labor Contract Law" and other relevant labor laws, regulations, rules and the rules and regulations formulated by Party A in accordance with the law, after mutual inspection and equal negotiation, both parties unanimously agreed to sign this labor contract, and* **Both parties shall abide by the terms listed in this contract:

Article 1 Contract Period

Party A and Party B choose the following form to determine the period of this contract:

(1) Fixed term, starting from _____ month _____ day _____ year and ending on _____ month _____ day _____ year, ***_____ months. If during the performance of the contract, the employee provides special training fees and provides professional technical training to the employee, and an agreement is made with the employee to stipulate a service period, the portion beyond the fixed period will be deemed a change in this clause.

(2) There is no fixed period, and it will be terminated from _____ month _____ day _____ year to the occurrence of legal circumstances or the termination conditions stipulated in this contract.

(3) The deadline is to complete certain work tasks: from _____ month _____ day _____ year to _____ when the work tasks are completed.

The probation period starts from ____, month ____, year ____ and ends on _____, month _____, year _____, ***____ months.

(Note: If the labor contract term is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract term is more than one year but less than three years, the probation period shall not exceed two months; three years For the above fixed-term and non-fixed-term labor contracts, the probation period shall not exceed six months)

Article 2 Work content and work location

(1) According to Party A’s work needs. , Party B agrees to engage in ____ (position, type of work) at _____________ (work place) arranged by Party A. During the performance of the contract, Party A cannot unilaterally change the working location, position, or type of work; Party A and Party B may change the working location, position, or type of work after consultation and agreement.

(2) Party B shall complete the prescribed quantity of work on time and meet the prescribed quality standards according to Party A’s requirements. And accept the assessment and treatment of work results by Party A's rules and regulations.

Article 3 Working Hours, Rest and Vacation

(1) Party B implements the following _________ working hour system.

1. If the standard working hours system is implemented, Party A will arrange for Party B to work no more than 8 hours a day and no more than 40 hours a week. Due to work needs, Party A can extend working hours after consultation with the trade union and Party B. Generally, the working hours shall not exceed 1 hour per day. If the working hours need to be extended due to special reasons, the working hours shall not exceed 3 hours under the conditions of protecting Party B’s health. No more than 36 hours per month.

2. If the comprehensive calculation of working hours is implemented, the average daily working time shall not exceed 8 hours, and the average weekly working time shall not exceed 40 hours.

3. If the irregular work system is implemented, Party B will arrange working hours, rest and vacations by itself.

(2) If Party A extends Party B’s working hours, Party B shall arrange for Party B to take the same amount of time off or pay overtime wages in accordance with the law.

(Remarks: 1. If workers are arranged to extend their working hours, they shall be paid no less than 150% of the salary; 2. Workers are arranged to work on rest days but no compensatory time off is allowed. If workers are scheduled to work on statutory holidays, they shall be paid no less than 200% of their wages. 3. If workers are scheduled to work on statutory holidays, they shall be paid no less than 300% of their wages.)

(3) Party B shall enjoy the marriage leave, bereavement leave, maternity leave and other benefits stipulated by the state, as well as related policy benefits in accordance with the law.

(4) Party A’s extension of working hours is not restricted by this contract or the law under the following circumstances:

1. Natural disasters, accidents or other reasons that threaten the life, health and safety of workers Property safety requires emergency treatment;

2. Production equipment, transportation lines, and public facilities malfunction, affecting production and public interests, and must be repaired in a timely manner;

3. Other situations stipulated in laws and administrative regulations.

Article 4 Labor Remuneration

The minimum wage standard in Party A’s location is _______ yuan/month.

(1) Party B’s basic salary standard during the probation period is ________ yuan/month. Party B’s salary during the probation period shall not be lower than the minimum wage for the same position in Party A’s unit or 100% of the salary stipulated in the labor contract. Eighty, and shall not be lower than the minimum wage standard where Party A is located. Performance wages are determined based on Party B's performance evaluation.

(2) After Party B’s probation period expires, Party A shall determine Party B’s following ________ wage form according to the unit’s wage system:

1. Time wage. Party B's salary consists of basic (fixed) salary and performance salary. The basic (fixed) salary is _________ yuan/month, and the performance salary is determined based on Party B’s performance appraisal. If Party A's salary system changes or Party B's job position changes, the new salary standards will be determined.

2. Piece rate. The standard unit price of labor products is _________ yuan/piece.

3. Other forms of wages. The specific agreement is as follows:

______________________________________________________________________________________________________________________________________________________________.

(3) Party A shall pay Party B’s salary in monetary form on a monthly basis, and the pay date shall be ________ days before each month. Party A shall not withhold payment or default without reason. The remuneration paid by Party A to Party B shall not be lower than the collective contract standard of the unit and the minimum wage standard stipulated by the local government.

(4) Party A shall pay wages to Party B in accordance with the law during statutory holidays, wedding and funeral leave, and during the period when Party B participates in social activities in accordance with the law.

Article 5 Social Insurance and Welfare Benefits

(1) Party A and Party B must participate in the statutory social insurance prescribed by the local government in accordance with the law, and report to the labor and social security department on time in accordance with relevant national regulations The affiliated social insurance institution shall pay social insurance premiums, of which Party B shall withhold the portion payable by Party A from Party B's salary. When Party A and Party B cancel or terminate the labor contract, Party A will handle social insurance-related transfer procedures for Party B in accordance with relevant regulations.

(2) Party B’s public leave, annual leave, family leave, wedding and funeral leave, female workers’ benefits during pregnancy, childbirth and lactation, and Party B’s economic compensation (living allowance) when the labor contract is terminated (terminated) ), the payment of medical subsidy fees, etc. shall be implemented in accordance with relevant national laws, regulations, policies and the regulations formulated by Party A in accordance with the law.

(3) Party B’s treatment for occupational diseases or work-related injuries, funeral expenses, one-time pensions, and living difficulties subsidies for immediate family members shall be in accordance with relevant national laws and regulations. , regulations and policy implementation.

(4) The treatment for Party B’s illness or non-work-related injury, the treatment for Party B’s immediate family members, etc. shall be implemented in accordance with the relevant national laws, regulations, rules, policies and the provisions formulated by Party A in accordance with the law.

Article 6 Labor Protection and Working Conditions

(1) Party A must clearly inform Party B of the working conditions and safety and health precautions.

(2) At the same time, Party A must establish and improve the labor safety and health system, strictly implement national labor safety and health regulations and standards, educate Party B on labor safety and health, prevent accidents during labor and reduce occupational hazards. .

(3) Party A must provide Party B with labor safety and health conditions and necessary labor protection supplies that comply with national regulations. Those engaged in operations with occupational hazards should undergo regular health examinations.

(4) Party B must strictly abide by safety operating procedures during the labor process. Party B has the right to criticize, report and accuse Party A's management personnel for behaviors that endanger life safety and physical health; Party B has the right to refuse to comply with Party A's illegal instructions or forced risky operations that endanger the personal safety of workers. The labor contract can be terminated immediately without prior notification to the employer.

(5) Party A shall implement special measures for female employees and underage workers in accordance with the "Regulations on Labor Protection of Female Employees", "Regulations on the Scope of Prohibited Work for Female Employees" and "Regulations on the Labor Protection of Underage Workers" Labor protection.

Article 7 Labor Discipline and Rules and Regulations

(1) Party A shall formulate various rules and regulations in accordance with the relevant national laws, regulations, rules and policies.

(2) The various rules and regulations formulated by Party A in accordance with the law shall be announced to Party B in advance as annexes to the contract. By signing this contract, Party B is deemed to have read Party A’s announcement and understood and accepted it. Various rules and regulations.

(3) Party B shall abide by Party A's rules and regulations, obey Party A's leadership, management and command, complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics. Morality. Keep Party A’s business secrets secret.

(4) If Party B violates labor discipline, Party A may, in accordance with the rules and regulations of the unit, impose corresponding administrative handling, administrative sanctions, economic penalties, etc., until the contract is terminated.

Article 8 Modification, cancellation, termination and renewal of the labor contract

(1) Party A and Party B may modify this contract under any of the following circumstances:

1. Both parties reached a consensus through consultation without harming the interests of the country, the collective and others;

2. The objective circumstances on which the labor contract was concluded have undergone major changes and, after consultation with Party B, Consensus reached through consultation;

3. The labor contract cannot be fully performed due to force majeure factors;

4. The laws and regulations based on which the labor contract was concluded have been modified;

5. Other situations stipulated by laws and regulations.

(2) Party A may terminate this contract if Party B has any of the following circumstances:

1. During the probation period, it is proven that it does not meet the employment conditions; For ____________

2. Serious violation of labor discipline and Party A’s rules and regulations;

3. Serious dereliction of duty, malpractice for personal gain, causing significant damage to Party A’s interests;

4. Establishing labor relations with other employers at the same time, causing serious impact on the completion of Party A’s work tasks, or refusing to make corrections after Party A’s request;

5. Using fraud or coercion to Using tactics or taking advantage of others' danger to cause Party A to conclude or change a labor contract against its true intention;

6. Being held criminally responsible in accordance with the law.

(3) Party A may terminate this contract under any of the following circumstances, but shall notify Party B in writing 30 days in advance:

1. Party B is ill or ill. Injury due to work, and after expiration of medical treatment, he cannot engage in the original job or the job arranged separately by Party A;

2. Party B is not competent for the job, and after training or adjusting the job position, Party B is still unable to do the job

3. The objective circumstances on which the labor contract was concluded have undergone major changes, resulting in the inability to perform the original labor contract, and parties A and B cannot reach an agreement on changing the labor contract after negotiation;

(4) Under one of the following circumstances, if Party A needs to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, Party A shall notify Party B and all other parties 30 days in advance. After the workers or trade unions explain the situation and listen to the opinions of Party B and all workers or trade unions, the staff reduction plan can be reported to the labor administration department:

1. Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law

2. Serious difficulties occur in production and operation;

3. The enterprise changes production, makes major technological innovations or adjusts its business methods, and still needs to lay off employees after changing the labor contract;

4. Other major changes in the objective economic conditions based on which the labor contract was concluded make it impossible to perform the labor contract.

(5) If Party B has any of the following circumstances, Party A shall not terminate the labor contract in accordance with the provisions of paragraph (3) (4) of this article (unless there are special provisions in laws and regulations):

1. Workers who are engaged in operations exposed to occupational disease hazards do not undergo occupational health examinations before leaving work, or patients with suspected occupational diseases are during diagnosis or medical observation;

2. Suffering from occupational diseases or work-related injuries and is confirmed to have lost or partially lost the ability to work;

3. Illness or non-work-related injury, within the prescribed medical period;

4. Female employees during pregnancy, During the maternity and lactation period;

5. Those who have worked continuously for Party A for fifteen years and are less than five years away from the legal retirement age;

6. As stipulated by laws and administrative regulations other situations.

(6) Party B may terminate the labor contract by notifying Party A in writing 30 days in advance. Party B may terminate the labor contract by notifying Party A 3 days in advance during the probation period.

(7) Party B may notify Party A to terminate this contract at any time if any of the following circumstances occurs:

1. Failure to provide labor protection or labor conditions as stipulated in this contract;

2. Failure to pay labor remuneration in full and on time;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. Regulations of the employer The system violates the provisions of laws and regulations and harms the rights and interests of workers;

5. Because Party A uses fraud, coercion or takes advantage of others' danger, Party B enters into or changes the labor contract against its true intention. Causing the labor contract to be invalid;

6. Other circumstances under which laws and administrative regulations stipulate that workers can terminate the labor contract.

(8) If any of the following circumstances occurs, this contract will be terminated immediately, and both parties shall go through the procedures for terminating the labor contract:

1. This contract expires;

2. Party B begins to enjoy basic pension insurance benefits in accordance with the law;

3. Party B dies, or is declared dead or missing by the People’s Court;

4. Party A is declared dead in accordance with the law Bankruptcy;

5. Party A’s business license is revoked, ordered to close down, revoked, or Party A decides to dissolve early;

6. Other circumstances stipulated by laws and administrative regulations.

(9) Before the expiration of this contract, Party A and Party B shall negotiate the renewal of the labor contract _______ days in advance. If the negotiation reaches an agreement, the labor contract shall be renewed.

(10) After the expiration of this contract, if the labor relationship still exists between the two parties, Party A shall sign or renew the labor contract with Party B in a timely manner. If Party A and Party B cannot reach an agreement on the issue of supplementing or renewing the contract and the labor relationship continues to exist, the contract will be deemed to be extended. Within the deemed extension period of _______ months, if both parties have not signed a new labor contract, Party A and Party B will be deemed to have continued the labor relationship. Voluntary termination of labor relations. If Party B meets the conditions for renewing a non-fixed-term labor contract, Party A shall sign a non-fixed-term labor contract with it.

(11) Party A shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle file and social insurance transfer procedures for Party B within 15 days. Party B shall receive the Complete the work handover procedures within ____ days of certification. If Party A is required to pay economic compensation to workers in accordance with the law, it shall pay it when completing the work handover.

(Remarks: Economic compensation will be paid to Party B at the rate of one month’s salary for every full year of Party B’s service with Party A. If it is more than six months and less than one year, it will be calculated as one year; if it is less than one year, it will be calculated as one year. If the period is six months, half a month's salary shall be paid to Party B as economic compensation)

(12) This contract can be terminated by consensus between Party A and Party B.

(13) If a labor contract without a fixed term is signed and legal termination conditions occur, the contract will be terminated.

Article 9 Legal Responsibilities

(1) Party A shall be liable for compensation under any of the following circumstances:

1. Directly formulated by Party A Labor rules and regulations involving the vital interests of workers violate laws and regulations, causing damage to Party B;

2. An invalid labor contract is concluded due to Party A’s fault, causing damage to Party B;

3. Party A violates the conditions stipulated in labor laws and regulations to terminate the labor contract, causing damage to Party B;

4. Party A forces labor by means of violence, threats or illegal restrictions on personal freedom

5. Party A illegally commands or forces risky operations that endanger Party B’s personal safety;

6. Party A insults, corporally punishes, beats, illegally searches or detains Party B;

7. Party A’s poor working conditions and serious environmental pollution have caused serious damage to Party B’s physical and mental health.

8. Other situations stipulated by laws and regulations.

(2) If Party B violates labor laws, regulations and Party A's rules and regulations to terminate the labor contract or violates the matters stipulated in the labor contract, causing economic losses to Party A, it shall compensate Party A for direct economic losses in accordance with the law. , liquidated damages, and training fees and recruitment fees paid by Party A, etc.

Article 10 Confidentiality Agreement

(1) Documents, materials, manuscripts, forms and other business information obtained by Party B during its employment with Party A, including but not limited to relevant customer lists, cooperation Purpose, price, turnover, marketing, employee salary, whether oral, written or computer file form, whether it belongs to the customer or the company, are Party A's business secrets. Party B must abide by confidentiality regulations and shall not disclose them to the outside world; and is absolutely prohibited from using these trade secrets to seek benefits for itself or others. Party B who violates these regulations must compensate Party A for all economic losses.

Article 11 Part-time Terms

(1) During the period of this contract, Party B may/may not work in all/only those with the same or similar business or with competitive conflicts

Part-time work in the organization; if possible, it shall not occupy the working time stipulated in this contract or affect the work tasks stipulated in this contract. At the same time, Party B must provide Party A with relevant information about the part-time unit. Party B shall compensate Party A for all economic losses if it violates this provision.

Article 12 Non-Competition Clause

(1) After rescinding or terminating the labor contract, Party B shall hand over all information related to business secrets to the other party and undertake not to disclose them to outsiders. Party A's trade secret obligations, and guarantee not to engage in work related to Party A's trade secrets within two years, and not to work for other employers that compete with the unit that produces or operates similar products or engages in similar business, or starts its own production or business Competition in operating similar products and engaging in similar businesses.

(2) During the confidentiality contract period, Party A will pay Party B _________ yuan every month as economic compensation. If Party B violates the agreement on competition restrictions, in addition to compensating for the direct economic losses caused to Party A, it shall also pay Party A liquidated damages in an amount that is twice the amount of economic compensation Party A has paid to Party B.

Article 13 Handling of Labor Disputes

(1) If a labor dispute occurs between Party A and Party B, the parties may apply for mediation to the labor dispute mediation committee of the unit, or they may apply for mediation from the Labor Dispute Mediation Committee Apply for arbitration to the _________ Labor Dispute Arbitration Committee with jurisdiction within sixty days from the date of occurrence. If you are dissatisfied with the arbitration, you must file a lawsuit with the People's Court of ________ with jurisdiction within fifteen days.

(2) During the labor dispute between Party A and Party B, it will not affect the existence of the labor working relationship. If it affects the existence of the labor working relationship, both parties must properly handle the handover of the labor work. Party A shall not If there is malicious behavior in punishing or punishing Party B, Party B shall not intentionally damage the enterprise.