Model labor contract 1
Party A:
Party B: (ID number:)
According to the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B sign this contract on the basis of equality, voluntariness, fairness, justice, consensus, honesty and credibility.
I. Term of Labor Contract
This contract is a fixed-term labor contract: from year month day to year month day.
Second, the work content and work place
(1) Party B engages in advertising sales through negotiation according to Party A's requirements. Party A may adjust Party B's post according to the work needs and the assessment results of Party B's performance, and Party B shall obey Party A's arrangement.
(2) The work content and requirements arranged by Party A for Party B shall conform to the rules and regulations formulated and published by Party A according to law. Party B shall fulfill its labor obligations according to the work contents and requirements arranged by Party A, complete the specified work quantity on time and meet the specified quality requirements.
(III) Both parties agree that the place of performance of the labor contract is Foshan.
Third, working hours and rest and vacation.
Party A works 5 days a week and 8 hours a day.
Fourth, labor remuneration.
Party A implements the internal salary distribution method of combining basic salary with performance salary for Party B, and Party B's basic salary is determined as RMB per month, and its salary will be adjusted according to the internal salary distribution method in the future; The performance salary shall be assessed and determined according to Party B's work performance, labor achievements and actual contribution, and according to the internal distribution method.
Conditions for termination of labor contract with intransitive verbs
Under any of the following circumstances, the labor contract may be terminated through negotiation between both parties:
1, the labor contract expires;
2. Party B fails to meet Party A's performance appraisal plan for three consecutive months, or Party B seriously neglects his duty, resulting in losses of more than 65,438+00,000 yuan to Party A. ..
Seven. other terms
(1) During the term of the Labor Contract, if Party B's registered address, current residence address and contact information change, it shall notify Party A in time to facilitate contact.
(II) Matters not covered in this contract shall be implemented in accordance with relevant state regulations. Where there is no provision in the state, both parties shall settle it through equal consultation. The labor discipline formulated by Party A shall comply with the provisions of laws, regulations and policies, implement democratic procedures, and publicize it to Party B. Party B shall abide by it.
(3) This contract is made in duplicate, one for each party, and shall come into effect as of the date of signature and seal by both parties.
Signature of legal representative of Party A: Signature of Party B:
Official seal
Date of conclusion of this contract: year month day.
Model labor contract II
Employer (Party A):
Address (domicile):
Legal representative (principal responsible person):
Name of employee (Party B):
Id address:
ID number:
According to the Labor Law, Labor Contract Law and other relevant labor laws and regulations, Party A and Party B sign this labor contract and establish labor relations based on the principles of "legality, fairness, equality, voluntariness, consensus, honesty and credibility".
I. Term of Labor Contract
(1) Party A and Party B agree to adopt the following __ 1__ method to determine the term of the labor contract:
1. There is a fixed term: from April 0 1 20 to March 3 1 20.
2. No fixed term: from the date of the current year until the legal termination conditions appear.
(2) Probation period, with no use term.
Second, the work content and work place
(1) Party B's post (department, type of work or position) is: project manager.
(2) Party B's task or responsibility is: project management.
(III) Work place of Party B: If Party A sends Party B to work in other places or units, it shall sign a supplementary agreement.
(4) Party A may reasonably adjust Party B's post (including department, type of work or post) according to the needs of production and operation and Party B's ability performance.
Third, working hours and rest and vacation.
(1) Party A and Party B agree to determine Party B's working hours according to the following 1 method:
1, standard working hours system, that is, working 8 hours a day, working 40 hours a week, and taking at least one day off every week.
2. Flexible working hours, that is, with the approval of the labor and social security department, Party B's post implements flexible working hours.
3. Comprehensive calculation of working hours, that is, with the approval of the labor and social security department, Party B's post is subject to comprehensive calculation of working hours with the total working hours as the cycle.
(2) Due to production (work) needs, Party A may extend the working hours after consultation with the trade union and Party B ... Except under the circumstances stipulated in Article 42 of the Labor Law, it shall not exceed one hour per day, or three hours per day or thirty-six hours per month for special reasons.
(III) On rest days and legal holidays, Party A shall arrange for Party B to have a rest and vacation according to law. If Party B is required to work overtime, Party A shall arrange compensatory time off or pay overtime wages according to law.
Fourth, labor remuneration.
(1) The salary of Party B during normal working hours shall be implemented in the following form (1), which shall not be lower than the local minimum wage.
1, and the salary of Party B during the probation period is 2,500 yuan/month (day); The salary after the probation period is 4,000 yuan/month (day).
2. Other forms:
(two) wages must be paid in legal tender, and it is not allowed to pay in kind or securities instead of money.
(III) Party A may reasonably adjust Party B's salary according to the human resources operation of the enterprise, Party B's ability performance and post adjustment.
(4) Party A shall pay Party B the salary of last month on the day of each month. In case of holidays or rest days, pay in advance to the nearest working day.
(5) Where Party A arranges Party B to extend the working hours according to law, it shall pay the wages for the extended working hours according to Article 44 of the Labor Law.
(VI) If the work stoppage is caused by Party B's fault, Party A will not pay Party B the wages during the work stoppage, and may handle the losses according to relevant regulations.
(VII) If Party A stops work or production for reasons other than Party B's, and it does not exceed a salary payment period (30 days at most), Party A shall pay wages according to normal working hours. If the salary payment period exceeds one period, Party B may pay the salary according to the labor provided by Party B and the newly agreed standard; If Party A fails to arrange for Party B to work, it shall pay the living expenses of the workers not less than 80% of the local minimum wage standard, and the living expenses shall be paid to the human resources of the enterprise to resume work, resume production or terminate labor relations.
Verb (abbreviation for verb) social insurance and welfare
(1) During the term of the Labor Contract, Party A shall go through the formalities for Party B to participate in social insurance such as pension, medical care, unemployment, work injury and maternity, and the social insurance premiums shall be borne by both parties according to the specified proportion.
(II) Where Party B suffers from illness or non-work-related injury, Party A shall grant medical treatment period and treatment according to national human resources and local regulations, reimburse medical expenses according to medical insurance and other relevant regulations, and pay sick pay or disease relief funds within the prescribed medical treatment period.
(3) Where Party B suffers from occupational disease, work-related injury or death, Party A shall handle it according to the Regulations on Industrial Injury Insurance.
Six, labor protection, working conditions and occupational hazard protection
(1) Party A shall, in accordance with the relevant national regulations on human resources and labor protection, provide workplaces that meet the national human resources and labor hygiene standards, and effectively protect the safety and health of Party B in production. If occupational hazards may occur during Party B's work, Party A shall protect Party B's health and related rights and interests in accordance with the provisions of the Occupational Disease Prevention Law.
(II) Party A shall provide Party B with necessary labor protection articles according to Party B's post and relevant national regulations on human resources, and arrange free physical examination for Party B according to labor protection regulations.
(3) Party B has the right to refuse Party A's illegal command and force risky operation, to ask for correction, and to report and accuse Party A and its management personnel of ignoring Party B's safety and health.
Seven, labor discipline
(1) Party B shall consciously abide by laws, regulations, rules and various rules and regulations formulated by human resources of the enterprise according to law, strictly abide by safety operation rules, obey management, and complete work tasks on time.
(2) Party B shall keep Party A's business secrets and confidential matters related to intellectual property rights.
Eight. Performance and change
(1) Party A and Party B shall fully perform their respective obligations as stipulated in the labor contract.
(2) Party A and Party B may change the contents agreed in the labor contract through consultation. Changes to the labor contract shall be made in written form.
Nine. Dissolution, termination and renewal
(1) Both parties can dissolve the labor contract through negotiation. Where Party A proposes to dissolve the labor contract through consultation, it shall pay economic compensation to Party B according to law; Where Party B proposes to dissolve the Labor Contract through consultation, Party A does not need to pay economic compensation to Party B..
(2) Party B may terminate the Labor Contract by giving a written notice to Party A 30 days in advance. Party B may terminate the Labor Contract by notifying Party A three days in advance during the probation period.
(3) Under any of the following circumstances, Party B may terminate the Labor Contract and has the right to demand Party A to pay the economic compensation for the termination of the Labor Contract:
1. Failing to provide labor protection or working conditions as agreed in the labor 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 Party B;
5. The labor contract is invalid due to the fault of Party A;
6. Other circumstances under which Party B can dissolve the Labor Contract as stipulated by laws and administrative regulations.
(IV) In case of any of the following circumstances of Party B, Party A may terminate the labor contract without paying economic compensation to Party B for the termination of the labor contract.
1, proved to be unqualified for employment during the probation period;
2. Party B seriously violates Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to 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 Party A puts forward it;
5. The labor contract is invalid due to Party B's fault;
6. Being investigated for criminal responsibility according to law.
(V) Under any of the following circumstances, Party A may terminate the labor contract after giving a written notice to Party B 30 days in advance or paying the employee an extra month's salary, but it shall pay Party B the economic compensation for the termination of the labor contract:
1. Party B suffers from occupational diseases or non-work-related injuries, and cannot engage in the original job or other jobs arranged by the employer 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 the labor contract was concluded have changed significantly, which makes the labor contract impossible to perform. Party A and Party B cannot reach an agreement on changing the contents of the labor contract through negotiation.
(VI) Under any of the following circumstances, Party A may dissolve the labor contract according to Article 41 of the Labor Contract Law, but it shall pay Party B the economic compensation for the dissolution of the labor contract:
1, reorganized according to the provisions of the enterprise human resources bankruptcy law;
2. Serious difficulties in production and operation;
3, enterprise human resources conversion, major technological innovation or adjustment of operation mode, labor contract changes, still need to reduce staff;
4. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.
(VII) In case of any of the following circumstances of Party B, Party A shall not dissolve the Labor Contract according to the provisions of Item 5 and 6 of Article 9 of this Labor Contract:
1, engaged in operations exposed to occupational hazards without occupational health examination before leaving the post, or suspected of occupational diseases during diagnosis or medical observation;
2. Party B suffers from occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work;
3. Illness or non-work-related injury within the prescribed medical treatment period;
4. Female employees during pregnancy, childbirth and lactation;
5. Having worked in Party A continuously for fifteen years and less than five years before the statutory retirement age;
6. Other circumstances stipulated by laws and administrative regulations.
(8) The labor contract shall be terminated under any of the following circumstances:
1, the labor contract expires;
2. Party B begins to enjoy 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 or be revoked, or Party A decides to dissolve in advance;
6. Other circumstances stipulated by laws and administrative regulations.
Where Party A terminates the fixed-term labor contract according to the provisions in Item 1 of this item, it shall pay Party B the economic compensation for the termination of the labor contract, except that Party A maintains or improves the agreed conditions of the labor contract to renew the labor contract, unless Party B does not agree to renew it;
Where Party A terminates the labor contract according to the provisions in Items 4 and 5 of this item, it shall pay economic compensation to Party B for the termination of the labor contract.
(nine) the expiration of the labor contract, one of the circumstances stipulated in the seventh paragraph of article ninth, the labor contract shall continue until the corresponding circumstances disappear. However, if Party B loses or partially loses the ability to work, the termination of the labor contract stipulated in Item 2 of Item 7 of this Labor Contract shall be implemented in accordance with the provisions of national human resources on work-related injury insurance.
(10) The economic compensation shall be paid according to the standard that Party B shall pay one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, Party B shall be paid economic compensation of half a month's salary.
If Party B's monthly salary is three times higher than the average monthly salary of local employees announced by the municipal people's government where Party A is located, the standard for paying economic compensation to Party B is three times the average monthly salary of employees, and the longest period for paying economic compensation to Party B shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of Party B in the twelve months before the dissolution or termination of the Labor Contract.
(1 1) If Party A needs to renew the Labor Contract upon the expiration of the Labor Contract, it shall send a notice of intention to renew the Labor Contract to Party B 30 days before the expiration of the Labor Contract; If both parties agree to renew the labor contract through consultation, they shall re-conclude the labor contract within 30 days before the expiration of the labor contract; The re-concluded labor contract shall take effect on the day after the expiration of the previous labor contract.
X. liability for breach of contract
(1) If Party B violates the service period agreed in the training agreement, it shall pay liquidated damages to Party A as agreed.
(2) If Party B violates the non-competition agreement signed by both parties, it shall pay liquidated damages to Party A as agreed.
(3) If Party B fails to terminate the labor contract 30 days in advance after the probation period, or fails to terminate the labor contract 3 days in advance during the probation period, or resigns voluntarily, Party B shall pay compensation of 1 day for every delay. If other losses are caused to Party A, it shall be liable for compensation, including but not limited to the expenses paid by Party A for recruiting Party B, training expenses and direct economic losses caused to production, operation and work.
(4) If the labor contract is confirmed invalid according to law, causing damage to the other party, the party at fault shall be liable for compensation.
(V) Where Party A dissolves or terminates the Labor Contract in violation of this Contract, it shall pay compensation to Party B at twice the economic compensation standard stipulated in Item 10 of Article 9 of this Labor Contract.
(6) If any other breach of contract by either party causes economic losses to the other party, it shall compensate the other party for the economic losses according to law.
XI。 settlement of dispute
Any dispute arising from the performance of this Labor Contract can be settled through negotiation. Unwilling to negotiate or failing to do so, you may apply to the Labor Dispute Arbitration Committee where Party A is located for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Twelve. Other agreements
(1) In case of any inconsistency between all the labor contracts signed by both parties before this date, this labor contract shall prevail, except for the agreements specially signed by both parties on individual matters such as training, trade secret protection, non-competition and house purchase.
(II) Party B guarantees that when signing this labor contract with Party A, it has dissolved or terminated the labor relationship with other employers, and provides the certificate of dissolution or termination of the labor relationship by the relevant units; Otherwise, Party A has the right to terminate this Labor Contract. If Party A is sued by Party B's original work unit due to Party B's fault, Party B shall compensate Party A for all the losses suffered as a result.
(3) If Party B resigns for any reason, it shall go through the handover procedures according to Party A's relevant rules and regulations before leaving, otherwise Party A has the right not to go through the relevant procedures for dissolving the labor contract (including issuing the certificate of dissolving the labor contract, handling the transfer of files and social security relations, etc.). ).
(IV) The training agreement, confidentiality agreement, non-competition agreement and other agreements related to the Labor Contract signed separately by Party A and Party B are an integral part of this Labor Contract.
(V) All rules and regulations publicly issued by Party A in the human resources department of the enterprise are binding on both parties. Unless the system violates the national human resources laws and regulations or conflicts with this agreement, it shall be regarded as an effective annex to this labor contract.
(six) matters not covered in the labor contract or the terms of the labor contract conflict with labor laws and regulations, according to the existing labor laws and regulations.
(VII) This Labor Contract is made in duplicate, with each party holding one copy. It will take effect after being signed by both parties, and it will be invalid if it is altered or initialled.
Party A: (seal) Party B: (signature or seal)
Legal representative:
April 1, 20_, April 1, 20_.
Model labor contract 3
Name:
Domicile:
Legal representative:
Principal (entrusted representative):
Contact telephone number:
Basic information of Party B
Employee's name: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Emergency contact: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the Labor Contract Law of People's Republic of China (PRC) and relevant labor laws, regulations and policies, combined with Party A's relevant system and Party B's post characteristics, and following the principles of voluntariness, equality and consensus, Party A and Party B unanimously agree to conclude the following clauses to clarify their rights and obligations, and expect both parties to maintain a good long-term employment relationship.
Chapter I Term of Contract
1, probation period:
Starting from _ _ _ _ _ _ _ _
2. Term of the contract:
This Contract shall come into force on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter II Work Content and Work Place
1. According to Party A's work needs and Party B's own skill characteristics, Party A employs Party B to work in the company, and the work place is within Foshan.
2. The definition of Party B's work content shall be based on the job description and the phased or temporary work requirements assigned by Party A. ..
3. Party B shall obey the work adjustment and post adjustment made by Party A according to the actual situation.
Chapter III Working Hours and Rest and Vacation
1. Party A implements the standard working system, with working hours not exceeding 8 hours per day and 8 hours per week).
2. Party B shall complete the work within the stipulated normal working hours, and Party A shall not encourage Party B to work overtime. Party A arranges Party B to work overtime according to law. Pay a certain salary.
3. Party A shall arrange for Party B's wedding and funeral leave, breast-feeding leave for female employees, sick leave, etc. According to the actual working conditions. However, Party B shall apply for planned leave at least 30 days in advance, such as maternity leave and marriage leave, so that Party A can arrange work. In case of death, illness and unforeseen circumstances of immediate family members, Party B may temporarily apply for temporary arrangements.
Chapter IV Labor Remuneration
1. Both parties shall determine Party B's post salary according to Party A's salary management system. According to Party B's current position and position, Party A's salary during the probation period is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Party B shall pay the salary in cash on 10 next month after deducting the personal expenses payable. If the payment is delayed due to force majeure, it shall be explained 1 working day in advance.
Chapter V Social Insurance and Welfare Treatment
1. Party A shall handle social insurance for Party B and pay relevant fees according to the regulations of the state and local governments, and the fees payable by Party B shall be withheld and remitted by Party A from Party B's salary.
2. Party A may issue annual performance allowance, post allowance and other welfare benefits as appropriate according to Party B's service time and post characteristics.
3. Party A will adjust the overall salary level and improve the employee welfare system according to the social and economic growth level and its own development.
Chapter VI Intellectual Property Rights, Trade Secrets and Conditions for Prohibition of Business Competition
1. The intellectual property rights of technological development achievements and innovation achievements obtained by Party B during the working period or by using Party A's resources belong to Party A. ..
2. Party A's technical information (including proprietary technology, technical know-how, non-patented technological achievements, etc.). ) and business information (management know-how, customer list, supply information, production and marketing strategies, etc. ) are business secrets and technical secrets, which shall be kept confidential by Party B, and shall not be disclosed to the outside world, and shall not be used to seek personal gain or help others make profits. If losses are caused to Party A, Party B shall compensate Party A for the losses and compensation of 10 times the technical value.
3. Party B shall not invest or take part-time jobs in other companies that compete with the company's business, or engage in activities that compete with Party A's business during his tenure and within three years after his resignation. If Party A requests to sign a confidentiality agreement and a non-competition agreement on the post that Party B is engaged in, Party B agrees to sign it.
Chapter VII Modification, Dissolution and Termination of Labor Contracts
(A) the change of the labor contract
The employer and the employee may change the contents of the labor contract through consultation. Changes to the labor contract shall be made in written form. The revised text of the labor contract shall be held by the employer and the employee respectively.
(2) Termination of the labor contract
1. Party A and Party B can dissolve the labor contract through consultation.
2. Party B may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, Party B may terminate the labor contract by notifying the employer seven days in advance.
3. If Party B has any of the following circumstances, Party A may terminate the labor contract without paying any compensation or compensation;
3. 1 It is proved that it does not meet the employment conditions during the probation period;
3.2 Party B seriously violates Party A's rules and regulations;
3.3 Party B seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to Party A;
3.4 Establishing labor relations with other units at the same time has a serious impact on the completion of Party A's work tasks, or Party A requests Party B not to establish labor relations with other employers, and Party B refuses to correct it;
3.5 Violation of labor discipline and disclosure of Party A's business secrets;
3.6 being investigated for criminal responsibility according to law;
3.7 Not obeying the company's work arrangement.
4. Under any of the following circumstances, Party A shall notify Party B in writing 30 days in advance to terminate this contract, and pay certain economic compensation according to Party B's working years in Party A:
4. 1 Restructuring according to the Enterprise Bankruptcy Law;
4.2 Serious difficulties occur in production and operation;
4.3 Due to production change, major technological innovation or adjustment of operation mode, it is still necessary to reduce staff after the change of this Agreement;
4.4 The objective circumstances on which this Agreement was concluded have changed significantly, which makes this Agreement impossible to perform;
5. If Party B is under any of the following circumstances, Party A shall notify Party B in writing 30 days in advance or pay Party B 1 month extra salary, and terminate the labor contract after notifying the trade union of the reasons:
5. 1 Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs arranged by Party A after the medical treatment expires;
5.2 Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
5.3 The objective conditions on which the Labor Contract was concluded have changed greatly, which makes the original Labor Contract unable to continue to be performed, and Party A and Party B cannot reach an agreement on changing the Labor Contract through consultation.
6. If Party B has any of the following circumstances, Party A shall not terminate the Labor Contract according to Article 3 above:
6. 1 Engaged in operations exposed to occupational hazards, did not undergo occupational health examination before leaving the post, or was suspected of occupational diseases during diagnosis or medical observation;
6.2 Party A suffers from occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work;
6.3 Party B suffers from illness or non-work-related injury within the prescribed medical treatment period;
6.4 During pregnancy, childbirth and lactation;
6.5 Party B has worked for Party A continuously for 20 years and is less than 5 years away from the statutory retirement age;
6.6 Other circumstances stipulated by laws and administrative regulations.
7. In any of the following circumstances, Party B may notify Party A to terminate the Labor Contract at any time:
7. 1 Failing to provide labor protection or working conditions as agreed in the labor contract;
7.2 Failing to pay labor remuneration in full and on time;
7.3 Failing to pay social insurance premiums for Party B according to law;
7.4 Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of Party B;
7.5 Party B concludes or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
7.6 Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. Where Party A forces Party B to work by means of violence, threat or illegal restriction of personal freedom, or Party A commands and forces Party B to work at risk in violation of regulations, Party B may immediately terminate the labor contract without notifying Party A in advance.
8. Party B shall not terminate the Labor Contract under the following circumstances:
8. 1 training funded by party a (including sending it to a university, technical secondary school or technical school), and having served in party a for less than 3 years after training;
8.2 belongs to the technical backbone and undertakes the construction and transformation tasks of important projects, but the tasks are not over yet.
(3) Termination of the labor contract
1. The labor contract shall be terminated under any of the following circumstances:
1. 1 The labor contract expires;
1.2 Party B begins to enjoy basic old-age insurance benefits according to law;
1.3 Party B dies or is declared dead or missing by the people's court;
1.4 Party A is declared bankrupt according to law;
1.5 Party A's business license is revoked, ordered to close, revoked or Party A decides to dissolve early;
1.6 Other circumstances stipulated by laws and administrative regulations.
2. When dissolving or terminating the labor contract, Party A shall issue a certificate of dissolution or termination of the labor contract, and handle the transfer formalities of the file and social insurance relationship for Party B within 15 days; Party B shall handle the work handover as agreed by both parties; According to relevant regulations, if Party A should pay economic compensation to Party B, it should pay it at the time of handover.
Chapter VIII Economic Compensation and liquidated damages
1. The economic compensation for the dissolution or termination of this contract by both parties shall be implemented in accordance with the Labor Contract Law of People's Republic of China (PRC) and relevant national, provincial and municipal regulations.
2. Party A shall notify Party B in written form 30 days in advance in case of layoffs according to law. According to Party B's working years with Party A and the average salary of Party B in the 24 months before the termination of this contract, Party A shall pay the economic compensation of 1 month salary every full year, less than 1 year, and less than half a year, with the maximum payment of 1 year. At the same time, for Party B who signed the engagement agreement, in addition to the above economic compensation, Party A shall also compensate Party B for the engagement salary.
3. If Party B violates Party A's rules and regulations, neglects his duty, engages in malpractices for selfish ends or dissolves the labor contract in violation of this contract, thus causing losses to Party A, Party B shall compensate Party A for the losses.
4. If Party B violates the business secrets agreed in this contract and causes losses to Party A, it shall compensate Party A for the losses and pay liquidated damages to Party A. ..
5. If Party A provides Party B with special training fees, Party B shall serve Party A for 5 years. If Party B violates the service period, it shall pay training fees and liquidated damages to Party A. The service period of the performance part is one year, and Party B shall pay 20% of the training fees to Party A as liquidated damages; Less than one year, according to one year.
Chapter IX Other Matters Agreed by Both Parties through Consultation
1. If Party B causes damage or economic loss to Party A, Party A reserves the right to file a civil lawsuit against Party B. ..
2. When Party B proposes to terminate the contract, it shall notify Party A in writing at least 30 days in advance, so that Party A has enough time to arrange personnel to take over.
Chapter X Handling of Labor Disputes and Legal Liability for Breach of Labor Contracts
This contract is legally binding after being signed or sealed by both parties according to law, and both parties must strictly perform it. In the event of a labor dispute, both parties may settle it through consultation, or apply for mediation, arbitration or bring a lawsuit according to law. Any party who violates this contract shall bear corresponding legal responsibilities.
Chapter 11 Others
1. This contract is made in triplicate and has the same legal effect. Each party holds one copy, and both parties shall keep it properly.
2. Party B's job description and Party A's rules and regulations, as annexes or relevant binding conditions, have the same legal effect as this contract.
Seal of Party A (unit): Signature of Party B (laborer):
Signature of legal representative (or client):
date month year
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