Number:
Party A: Employer
Party B: Laborer
Organization name
(full name)
legal representative
ID card number
address
Identification address
postcode
postcode
In order to establish the labor relationship between both parties and clarify the rights and obligations of both parties, according to the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), Party A and Party B agree to sign this contract on the principle of equality, voluntariness and consensus, and conclude the following clauses:
I. Term of Labor Contract
(1) Party A and Party B agree on the term of the labor contract and adopt the following 1 method.
A fixed term: from year to year, in which the probation period is from year to year.
B. No fixed term: from the date of expiration to the time when the legal termination conditions of the labor contract appear.
C, the time limit is to complete a certain task: from year, month, day to time.
(II) During the probation period, Party B is deemed to be unqualified for employment under any of the following circumstances:
(1) Forge academic qualifications, certificates and work experience; (2) The contents filled in the resume, application registration form and employment application form are inconsistent with the real situation; (3) before the expiration of the probation period, the prescribed entry procedures have not been handled; (4) Having an infectious disease, an incurable disease or other serious diseases found in the physical examination; (5) The organ or limb is incomplete enough to affect the work and fill in false medical information; (6) suffering from mental illness; (seven) during the probation period, the quality and quantity of work tasks are not completed or the assessment is unqualified; (8) The on-the-job professional knowledge test score did not reach 80 points; (9) Being absent from work for more than 3 consecutive days during the probation period; (10) taking drugs, whoring, joining a cult organization and other acts that violate national laws and regulations, or being punished by public security administration.
Second, the work place and work content
(1) Party B's work place. Party A may change the work place of Party B due to business needs, and Party B is willing to obey the arrangement of Party A..
(2) Party B shall obey the work arrangement of Party A and take up the post; For specific tasks, responsibilities and work standards, please refer to Party A's post/job description, operation specifications, operation guidance documents and other corresponding documents, as well as the arrangement and requirements of Party A's management personnel. Party A may adjust Party B's post and responsibilities according to work needs, institutional adjustment, asset changes, Party B's work ability, performance appraisal results and physical condition. After adjustment, Party B's salary will be determined according to the new post and responsibilities, and Party B is willing to obey the arrangement of Party A..
(III) When Party B is not suitable or competent for the job, Party A has the right to decide to train Party B or adjust the post. If Party B is still incompetent after training or post adjustment, Party A has the right to terminate the labor contract. Party B will not be competent under any of the following circumstances: (1) There is fault or negligence; (2) Party A suffers losses due to personal reasons at work, and the loss amount is 1 ten thousand yuan; (3) Unable to complete the work or meet the post requirements; (4) The performance appraisal is below 80 points; (5) failing to obtain a certificate or failing to meet the requirements in the examination organized by the unit or department; (6) Requesting to adjust the post for personal reasons; (7) The state has special qualification requirements for Party B's post, and Party B loses the qualification for personal reasons; (8) Unable to complete the work contents, work indicators and tasks specified by Party A; (9) Party A conducts technical business training for Party B according to business needs or because Party B is incompetent, and Party B refuses to participate in the training without justifiable reasons or fails to pass the examination after the training; (10) The professional knowledge test score is below 80.
Third, rest and vacation during working hours.
(1) Party A arranges Party B to implement (a) the standard working hour system; B, comprehensive calculation of working hours; C, irregular working hours) working hours system, and implement the rest and vacation measures stipulated by law.
(II) During the term of this contract, if Party B's post is approved by the labor administrative department to implement the flexible working hours system or the comprehensive working hours system, the working hours system agreed in this contract will be automatically changed to the flexible working hours system or the comprehensive working hours system.
(III) According to the particularity of operation, if Party A arranges Party B to work overtime due to work needs, Party A will pay overtime pay or give a vacation according to law. Overtime must be handled in accordance with relevant regulations.
Fourth, labor remuneration.
(1) Party A implements the salary distribution method of combining basic salary with comprehensive bonus to Party B, in which the basic salary is RMB/month, and the comprehensive bonus is determined by Party A according to Party B's performance appraisal, labor achievements and Party A's benefits.
(2) The salary of Party B for normal working hours is the basic salary, and the overtime salary is calculated based on the basic salary. If the agreed basic salary is lower than the minimum wage standard due to the adjustment of the minimum wage standard, Party B's basic salary will be automatically changed to the minimum wage standard, and Party A will calculate the salary for Party B accordingly.
(3) If Party B completes the specified tasks and reaches the specified quality standards, Party A (or the unit designated by Party A) shall pay all the wages of last month to Party B in legal tender or cash before each month. Due to financial settlement, capital turnover, bank transfer and other reasons, the determination of the extension of intentional arrears of wages may be postponed for 30 days after obtaining the consent of the trade union or employee representatives under special circumstances.
(IV) During Party B's wedding and funeral leave and participation in social activities according to law, Party A shall pay the salary according to law, taking the basic salary as the standard.
(V) Party B shall pay the unpaid wages before dissolving (terminating) the labor contract with Party A, and can only settle the wages after Party A completes the work handover. Salary settlement Party A pays in cash (not by bank transfer), and if Party B fails to complete the work handover in Party A, resulting in delayed payment of salary, it does not constitute arrears or deduction of salary.
(VI) Where Party A underpays Party B's salary due to unclear salary calculation standard or improper calculation method, or Party B refuses to receive it, it does not belong to unreasonable arrears or deduction of salary. After being reminded by Party B, Party A shall take remedial measures in time and pay Party B the corresponding salary.
Verb (abbreviation of verb) labor protection, working conditions and occupational hazards
(1) Party A and Party B shall implement national labor protection, safety and health laws, regulations, rules and standards. Party A shall provide Party B with labor safety and health education to prevent accidents and reduce occupational hazards.
(2) Party A shall provide Party B with labor safety and health conditions and necessary labor safety protection articles that meet the national regulations, and strive to improve the working conditions.
(3) When Party B is engaged in a post with occupational hazards, he must attend the occupational disease physical examination arranged by Party A when leaving his post. If Party B refuses to take part in the physical examination and finds occupational diseases caused by related occupational hazards after leaving the company, Party A will not bear corresponding responsibilities, because it is impossible to confirm whether the occupational diseases are caused by Party A's work.
Intransitive verb social insurance and welfare
(1) Party A and Party B shall participate in social insurance according to the regulations of the state and Guizhou Province. Among them, the insurance premium payable by Party B shall be withheld and remitted by Party A from Party B's monthly salary.
(2) Party A is responsible for handling relevant social security procedures with the social insurance management department, and Party B shall provide Party A with the necessary procedures, true and complete information and certificates for handling social insurance. If Party A is unable or unable to handle social insurance related procedures for Party B in time due to Party B's failure to provide necessary procedures or false information and certificates, Party B shall bear relevant responsibilities.
(3) If the social wage of the previous year is not implemented before the termination or dissolution of the labor relationship, Party B shall bear the social insurance payment amount of the difference between the original payment base and the social wage of the previous year during the duration of the labor relationship.
(IV) If Party B doesn't want Party A to pay social insurance for it, Party A will pay Party B the social security subsidy fee in cash every month, and the social security subsidy fee standard shall be subject to the social security subsidy fee listed in the salary table. If Party B signs the payroll, and the social security subsidy fee has been clearly defined in the payroll, it will be deemed that Party B does not agree to pay social insurance and has reached an agreement on the issue that Party B does not agree to pay the social security subsidy paid by Party A, and Party B has no opinion on this. If Party B has social security disputes (including arbitration, litigation and complaints) after the existence or dissolution of labor relations, Party B must return all the social security subsidy fees paid by Party A to Party A, and pay the capital occupation loss according to the loan interest rate of the People's Bank of China for the same period.
Seven. Alteration, rescission and termination of labor contract
(1) If Party B applies for early termination of the Labor Contract, it must notify Party A in writing 30 days in advance (the probation period is 3 days). When the written notice is delivered to the personnel department of Party A, Party B shall not leave his post, so that Party A can have time to re-recruit and continue to work for Party B, and both parties can agree on the time for handling relevant formalities through consultation.
(2) Party B has the right to freely choose a job, and Party A shall not restrict Party B's right to freely choose a job by signing a labor contract. Party B proposes to terminate the labor contract with Party A, and after Party B handles the work handover as agreed by both parties, Party A must pay Party B the full salary.
(III) When Party B terminates the labor contract with Party A, it is necessary to do a good job handover. If Party A suffers losses due to the failure to hand over the work, it must bear the responsibility of economic compensation and deduct it from the unsettled salary according to the degree of economic loss.
(4) Party B is investigated for criminal responsibility according to law, and the labor contract is naturally terminated; If Party B's personal freedom is restricted according to law and the unit fails to terminate the labor relationship, the labor relationship will be terminated, and Party A will not undertake relevant obligations during the suspension period. If the labor contract expires during the suspension period, the labor contract will be terminated and will not be renewed.
(V) During the probation period, Party A may assess Party B at any time, and if the assessment meets the employment requirements, Party A will pay the salary according to the post classification; During the probation period, if the employee fails to meet the employment requirements after examination, Party A may terminate the labor contract.
(VI) If Party B seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to Party A, Party A may terminate the labor contract. Party B shall be deemed to have caused great damage to Party A in any of the following circumstances: (1) Party B's behavior leads to customer complaints or media exposure; (2) Party B is punished by the administrative organ or the superior unit due to fault or negligence; (3) Customer information is leaked or lost due to personal reasons of Party B; (4) Party B uses its authority or calls Party A's resources to seek benefits for itself or a third party; (5) Loss of business opportunities or loss of intangible assets such as reputation, industry status and social evaluation; (6) Scrapping or maintenance loss of equipment and products worth _ _ _ _ _ yuan; (7) The direct economic loss is more than 1 ten thousand yuan.
Eight. Other contents agreed by both parties through consultation.
(1) In order to rule out other employees' possible guesses about Party B, Party A can investigate Party B's background and experience to help Party B prove its authenticity. After Party B leaves his post, if other units investigate Party B's performance during his tenure at Party A, Party A can also tell the truth. ..
(2) Party B knows that monitoring equipment has been installed in the production site and office of Party A, and Party B knows and accepts it.
(3) Party B shall actively assist Party A to photograph Party A's situation due to work needs. For the scenes and portraits involving Party B in the picture, the copyright and right to use them belong to Party A, and Party B will not claim any rights from Party A with his portrait right at any time.
(4) Party A shall provide Party B with the recruitment brochure or orally inform Party B of the work content, working conditions, working place, occupational hazards, safety production status, labor remuneration and other information required by Party B. Party B's signature or seal on this contract shall be deemed as acceptance of the above information informed by Party A. ..
(V) Party B confirms that before signing this contract, Party B has dissolved (terminated) all labor relations with other employers except Party A, and there is no labor relationship, labour relation, employment relationship or part-time labor relationship between Party B and any unit (individual).
(VI) Party B confirms that if Party B conceals the existence of competition restriction with the original unit, which constitutes fraud, Party A may consider the labor contract invalid. Where Party A is jointly and severally liable for compensation due to Party B's reasons, Party A shall recover from Party B after compensation.
(VII) After the labor contract is dissolved or terminated by Party A and Party B, the insurance shall be terminated within the insurance reporting period. When Party B goes through the resignation settlement procedures, Party A will inform the insurance transfer process. After Party B dissolves or terminates the labor contract, I will go through the social insurance transfer procedures according to the procedures notified by Party A. After Party B dissolves or terminates the labor contract with Party A, it fails to go through the resignation settlement procedures with Party A, resulting in its social insurance not being properly insured, and the losses caused thereby shall be borne by Party B. ..
(VIII) Party B confirms that in order to ensure that Party B can receive timely treatment in a hospital with good medical conditions, and the work-related injury expenses meet the reimbursement requirements of work-related injury insurance, Party B needs to go to the hospital designated by Party A for treatment. If Party A does not recognize the diagnosis certificate and appraisal conclusion of the non-designated hospital, and the related expenses cannot be reimbursed by the industrial injury insurance, Party B shall bear the corresponding responsibilities.
(IX) If Party B is sick or injured at work and needs to leave his post for treatment, he must go to the hospital designated by Party A for diagnosis, and ask for sick leave on the basis of the proposed leave certificate, diagnosis certificate, relevant inspection fee and medical invoice issued by the hospital. If he fails to go to the designated hospital for diagnosis, and fails to issue the proposed leave certificate, diagnosis certificate, relevant inspection fee and medical invoice, he will not be allowed to take sick leave, and Party B will be treated as absenteeism. If Party A is in doubt about the medical diagnosis certificate provided by Party B, it may require Party B to go to the designated hospital for re-examination, and the re-examination fee shall be borne by Party A. If Party B refuses to re-examine and is not on duty, it shall be deemed as absenteeism.
(X) Upon verification, the personal data provided by Party B to Party A when applying for the job is false, and this contract shall be invalid as of the date of signing, and the responsibilities arising therefrom shall be borne by Party B itself; If losses are caused to Party A (including but not limited to recruitment fees, training fees, arbitration fees and attorney fees paid by Party A), Party B shall be liable for compensation according to law. Personal false information includes but is not limited to: 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 removed from the list, or having bad records such as drug abuse, and failing to declare 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 and failed to declare when applying for the job.
(Xi) When this contract is dissolved or terminated, Party B shall perform the following obligations: hand over the work to the personnel designated by Party A (subject to the signature of the receiving staff); Return Party A's office supplies, documents, equipment and other tangible or intangible assets intact; Hand over any carrier containing important information of Party A to Party A completely; Assist Party A in clearing the creditor's rights and debts of both parties; Complete the resignation procedures specified by Party A and handle relevant resignation procedures; Handle other unfinished transactions. Party B fails to perform the above obligations (the performance of the obligations shall be subject to the signatures of all project leaders in the work handover list), which leads to Party A's failure to handle or delay the relevant procedures for Party B's resignation according to law, and Party B shall be responsible for it. Where economic losses are caused to Party A, Party A has the right to demand compensation from Party B. ..
(12) If Party B owes any money to Party A, it shall bear the compensation for economic losses, or if Party B dissolves the labor contract in violation of the conditions agreed in this contract, thus causing any economic losses to Party A, Party A has the right to deduct it from Party B's salary, bonus, allowance and subsidy. (including but not limited to) the liability for compensation agreed in laws, regulations and contracts, but the deduction shall not violate the provisions of laws and regulations. If the deduction is insufficient, Party A still has the right to claim the rest from Party B..
(XIII) Party A shall provide necessary working equipment for Party B to perform its duties. The working equipment provided by Party A to Party B can only be used for purposes related to Party A's business, and shall not be used for any purposes unrelated to Party A's business and affecting Party A's business, interests and the implementation of rules and regulations. Party A has the right to check the use of working equipment at any time. If Party B is found to use the working equipment in violation of the above regulations, Party A has the right to terminate the use of the equipment until the working equipment is taken back. Party B shall not prevent Party A from exercising legal rights on the work equipment on the grounds that the work equipment contains personal articles, personal privacy materials, software or other personal property. Party B needs to return the working equipment to Party A when leaving the company. If Party B damages or loses the working equipment, it agrees to compensate at the original price.
(14) Party B confirms the following address as the only fixed mailing address for Party A to contact Party B and serve legal documents. Party A shall serve legal documents to Party B at the following address. If the address is unknown, the person can't be found, the address can't be found, Party B refuses to sign for it, or other circumstances can't be served, it shall be deemed that the legal documents have been served to Party B from the date of mailing. If Party B's mailing address changes, it shall immediately notify Party A in writing, otherwise, all responsibilities arising therefrom shall be borne by Party B..
Address:
Nine. Protection of trade secrets
(1) Party B confirms that there is no labor relationship with any other third party when signing this contract. If Party B has a confidentiality obligation to a third party, Party B shall ensure that any knowledge and skills used during Party A's work will not infringe on the trade secrets and intellectual property rights of the third party. Otherwise, all responsibilities shall be borne by Party B. ..
(II) Party B who does not need to sign a non-competition agreement separately shall also abide by Party A's regulations on trade secrets, and unconditionally undertake the obligation of confidentiality for trade secrets learned during Party A's work, which will increase with the accumulation of Party B's service years. Without the written consent of Party A's legal representative, Party B shall not, under any circumstances, inquire, consult or copy Party A's confidential information and electronic documents, or disseminate them by email, QQ, MSN or intentionally or unintentionally, or let unauthorized persons or third parties know Party A's business secret information in any form.
(III) In order to facilitate Party B's identification and differentiation, the main contents of Party A's business secrets are listed as follows:
Patent technology, process design, process flow, market planning scheme, marketing network, customer information, price, discount, cost, business plan, economic contract, financial statistics and other information; Various drawings, scheme design documents, other design documents and related documents; Personnel files, salary data, Party A's internal documents, e-mails, Party A's internal website data, management rules and regulations, and all documents and materials stored in Party A's work computer, server or archives room and office, etc.
(4) Except that Party A's business secrets are known to the public, Party B's confidentiality obligation is not exempted due to the dissolution or termination of this contract.
(5) If Party B breaches the confidentiality agreement, divulges or infringes Party A's intellectual property rights, technical secrets or other business secrets, it shall bear a penalty of not less than 12 months' income. If the liquidated damages are insufficient to make up for Party A's losses, Party B shall continue to be liable for compensation, including but not limited to the investigation fees paid by Party A for investigating the infringement, the fees for hiring lawyers, etc. If the circumstances are serious enough to constitute a crime, Party A will ask the judicial organ to investigate its criminal responsibility according to law.
X. supplementary provisions
(1) This contract is signed by both parties through negotiation. Party B has confirmed all the terms of this contract without any objection.
(II) This Labor Contract is made in triplicate, with Party A holding two copies and Party B holding one copy, all of which have the same legal effect.
Party A: Party B:
Legal representative:
Date of signature: year month date of signature: year month day.