the labor contract signed by an enterprise mainly consists of four parts. Firstly, the parties to the contract are defined, then the specific terms (time limit, amount, place, method, etc.) of contract performance are determined, then the rights and obligations, liability for breach of contract and other supplementary terms of both parties are determined, and finally both parties sign and seal for confirmation.
Model labor contract signed by the enterprise 1
Party A:
Party B:
Party A employs Party B as an employee of our store due to work needs. According to the Labor Law of the People's Republic of China and other relevant laws and regulations, Party A and Party B have reached the following terms through equal consultation:
1. This contract starts from * * and ends on * *, in which the probation period is 3 days.
2. Party B works as a shop assistant in the area designated by Party A (nationwide).
iii. party a shall establish and improve the labor system and various rules according to relevant state regulations.
iv. party a has the right to supervise party b's compliance with rules and discipline, safe labor, professional ethics and the completion of work tasks.
v. Party B shall strictly abide by labor discipline and rules and regulations, obey the management of Party A, and actively complete the work it is engaged in.
VI. Party A implements the working system of eight hours a day and four days off every month. Party A shall arrange appropriate overtime hours for Party B according to the work needs.
VII. Party A shall pay Party B the salary on time every month, with the date of about 15th.
VIII. Party A shall gradually raise Party B's salary level according to the production and operation conditions and Party B's technical level and service skills.
IX. Party A shall pay Party B the basic salary of 14 yuan, and give 4 yuan three subsidies. If there is any salary adjustment or change during the performance of this agreement, it will be implemented according to the new standard after adjustment.
X. Both parties have the right to terminate the contract under the following circumstances:
1. During the probation period of Party B
2. During the work period of Party B, Party B has caused great losses to Party A
3. Party B has leaked secrets in the store
4. Party A may dismiss Party B according to the provisions of the Staff Code
11. If Party B leaves the company within the contract period, it must be written more than 15 days in advance.
12. after a labor dispute occurs between party a and party b, it shall be settled through negotiation first. if negotiation fails, it may be submitted to the competent labor department for arbitration within the statutory time limit.
XIII. this contract shall come into effect on the date of signing, in duplicate, with each party holding one copy.
party a (seal): _ _ _ _ _ _ _ _ _ _ _ party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
representative (signature) : _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ Tel: __________
Party B (name) _ _ _ _ _ _ _ _ _ _ _ _. Once this contract is signed, it has legal effect and both parties must strictly perform it.
2. This contract must be signed or sealed by the legal representative (or entrusted agent) of the employing unit (Party A) and the employee (Party B), and stamped with the official seal of the employing unit (or special seal for the labor contract)
3. The blank fields in this contract shall be filled in after negotiation by both parties, and shall not violate laws, regulations and relevant provisions; Blank columns that do not need to be filled in shall be marked with "/".
4. The working hours system can be divided into three types: standard working hours, irregular working hours and comprehensive working hours. The implementation of irregular and comprehensive calculation of working hours shall be approved by the labor and social security department.
5. for matters not covered in this contract, a supplementary agreement can be signed separately, which will be performed as an annex to this contract.
6. this contract must be filled in carefully, with clear handwriting, concise and accurate words, and shall not be altered without authorization.
VII. After the signing of this contract (including annexes), Party A and Party B shall each keep one copy for the record, and Party A shall not keep what is handed over to Party B for safekeeping.
according to the labor law of the people's Republic of China, the labor contract law of the people's Republic of China and relevant laws and regulations, party a and party b voluntarily sign this contract through equal consultation, and * * * will abide by the terms listed in this contract.
I. Type and duration of the contract
Article 1 The term of this contract adopts the following methods (select one)
A. There is a fixed-term contract. The term is months, from year month to year month. After the expiration of this contract, if both parties agree to continue to perform it, this contract will be automatically postponed for 3 days from the date of expiration. If both parties fail to reach an agreement on the new contract after the expiration of 3 days, the performance of this contract will be terminated.
b, open-ended contract. Since the day of the month.
c, a contract whose term is to complete certain work. Specifically:. If the actual starting time of Party B is inconsistent with the starting time agreed in the contract, the actual starting time of this contract shall be taken as the actual starting time; At the same time, the expiration time automatically extends backward or forward.
ii. probation period
article 2 both parties agree to determine the probation period according to the following method (the probation period is included in the term of the labor contract)
1. there is no probation period
2. the probation period starts from year month to year month. (If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. )
article 3 employment requirements are:
a. cultural knowledge:. b. physical condition:. c. labor skills:. d. work ability:. e. team spirit:. f. others:.
article 4 party b shall notify party a three days in advance when it terminates the labor contract during the probation period.
iii. Work content and work place
Article 5 Party B agrees to take up the post (type of work) according to Party A's work needs. Party B's work shall meet the work standards required by Party A.. Under any of the following circumstances, Party B shall agree to Party A's adjustment of Party B's post:
1. Party A's adjustment is based on business needs; 2. Party B is incompetent for the job;
3. Party B is replaced by others because of taking a long vacation; 4, other reasons really need to adjust the job.
Article 6 Work place of Party B: Party A has the right to change the place of Party B in the following circumstances:
1. The business place of Party A is changed;
2. Party B's work place needs to be changed due to Party A's business needs;
3. In the above situation, if Party B refuses to change the work place, Party A may unilaterally terminate the labor contract.
iv. working hours and rest and vacation
article 7 party a arranges party b to implement the working system in item.
1. Standard working system: Party A arranges Party B to work no more than eight hours a day and no more than forty hours a week. Party A guarantees that Party B has at least one day off every week. Due to the need of work, Party A may extend the working hours after consultation with the trade union and Party B, which shall generally not exceed one hour per day. Where the working hours are extended due to special needs, the extended working hours shall not exceed three hours per day and thirty-six hours per month under the condition of ensuring Party B's health.
2. Comprehensive calculation of working hours.
3. Flexible working hours.
article 8 party b shall be entitled to legal holidays, public holidays, annual holidays, paid holidays such as weddings, funerals and childbirth during the contract period.
V. Labor remuneration
Article 9 According to the principle of distribution according to work, Party A's salary structure is basic salary+bonus+subsidy, and Party B's basic salary is RMB yuan, and the basic salary during probation period is RMB yuan (the salary during probation period shall not be less than 8% of Party A's lowest salary in the same position or the salary agreed in this contract, and shall not be less than the minimum wage standard in the place where Party A is located), and the bonus and subsidy shall be determined according to Party A's benefits and Party B's work performance. During the contract period, Party A shall pay Party B the salary of last month in cash before each month. If Party A fails to pay on time or Party B thinks that Party A fails to pay on time, it shall be deemed that Party A has informed Party B in writing of the date of refusal to pay wages.
article 1 when party a arranges party b to work overtime, it shall arrange compensatory time off or pay overtime wages according to the standards stipulated by the state. The time for overtime pay is.
VI. Insurance benefits
Article 11 During the contract period, Party A and Party B shall participate in social insurance according to relevant national and local regulations, and pay and withhold Party B's social insurance premiums in full and on time. Party B shall submit all relevant materials for handling social insurance to Party A at the time of employment.
article 12 if party b suffers from illness or non-work-related injury, his sick pay, disease relief fund and medical treatment shall be implemented in accordance with relevant national and local regulations and party a's implementation measures.
article 13 party a may, according to the specific conditions of its own unit, formulate detailed rules for the implementation of internal employee benefits according to law. Party B has the right to enjoy the welfare treatment stipulated by Party A..
VII. Labor protection, working conditions, vocational training and labor discipline
Article 14 Party A must establish and improve the formulation, operation rules and work specifications of labor safety and health, and educate Party B on safety and health, and put an end to illegal operation and illegal command.
article 15 party a shall provide party b with necessary working conditions and a safe and hygienic working environment. Party A shall fulfill the obligation to inform Party B of the positions that may cause occupational hazards, and do a good job in preventing occupational hazards during labor.
Article 16 Special protection shall be given to female workers and underage workers, and Party A shall provide labor protection for female workers during pregnancy, childbirth and lactation according to national regulations.
article 17 party a shall provide party b with necessary vocational training or provide necessary conditions for party b to receive vocational training.
article 18 party a shall formulate and improve internal rules and regulations and labor discipline according to law, and regulate and manage party b according to law.
article 19 party b shall strictly abide by the rules and regulations formulated by party a and party b and obey the management of party a ..
VIII. Alteration, dissolution, termination and renewal of the labor contract
Article 2 In case of any of the following circumstances, Party A and Party B shall alter the labor contract and go through the formalities for altering the contract in time:
1.
2. the objective circumstances on which this contract was concluded have changed significantly, which makes this contract impossible to perform; 3. The laws, regulations and rules on which this Contract is based have changed.
Article 21 Under any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing 3 days in advance or pay Party B an extra month's salary:
1. Party B is sick or injured non-work-related, and can't take up his original job or other jobs arranged by Party A after the medical treatment expires;
2. Party B is not qualified for the job, even after training or post adjustment, for example, in the performance appraisal, it is still unqualified after training;
3. the objective circumstances on which this contract was concluded have changed greatly, which makes this contract impossible to perform, and the parties cannot reach an agreement on changing this contract through consultation.
Article 22 If Party B is under any of the following circumstances, Party A may terminate this contract at any time and shall not be liable for economic compensation:
1.
2. In case of serious violation of Party A's rules and regulations, the labor contract can be dissolved according to the rules and regulations;
3. Serious dereliction of duty and graft, which has caused great damage to Party A's interests of more than 1, yuan (inclusive);
4. Those who have been investigated for criminal responsibility according to law;
5. establishing labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refusing to correct after being put forward by the employer;
6. Party A enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; If Party B fails to provide relevant information about his employment within 3 days, Party A cannot go through the formalities of employment and social insurance payment; It is verified that the personal data provided by Party B to Party A or the employing unit at the time of application is false, including but not limited to:
work experience, resignation certificate, identity certificate, household registration certificate, education certificate, medical certificate, etc. are false or forged; Suffering from mental illness, infectious diseases and other diseases that seriously affect work before applying for the job, but not declared at the time of applying for the job; Before applying for the job, he was severely punished by other units, such as recording a demerit, staying in the factory for observation, being expelled or being removed from the list, or having a bad record of taking drugs and failing to declare it 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 but did not declare it at the time of applying for the job, etc.;
7. Other circumstances stipulated by laws and regulations.
Article 23 In case of any of the following circumstances of Party B, Party A shall not terminate this Contract according to the provisions of Article 21:
1. Party A suffers from occupational diseases or work-related injuries and is confirmed to have lost or partially lost the ability to work;
2. Being sick or injured in a non-work-related manner within the prescribed medical treatment period;
3. Female employees are during pregnancy, childbirth and lactation;
4. Party B fails to undergo occupational health examination before leaving his post when he is engaged in the operation exposed to occupational hazards, or is suspected of occupational diseases during diagnosis or medical observation;
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.
Article 24 Under any of the following circumstances, Party B may dissolve this Agreement:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
3. Party A fails to pay labor remuneration as agreed in the labor contract;
4. Failing to pay social insurance for workers according to law;
5. Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of workers;
6. Party A commands against regulations and forces risky operations to endanger the personal safety of Party B..
article 25 this contract shall be terminated under any of the following circumstances:
1. this contract expires;
2. Party A goes bankrupt, its business license is revoked, it is ordered to close down, dissolve or be revoked;
3. Party B retires, resigns, dies, is declared dead or is declared missing;
4. Party A and Party B have actually failed to perform this contract for three months;
5. Other circumstances stipulated by laws and administrative regulations.
article 26 when the contract expires or the conditions for termination agreed by the parties appear, if party b has one of the circumstances stipulated in article 23 of this contract and it does not belong to the agreement in article 22 of this contract, the term of this contract shall be postponed until the corresponding circumstances disappear.
article 27 if party b wants to dissolve the labor contract, it shall notify party a in writing 3 days in advance (6 days in advance for the level of deputy manager or above) and go through the formalities for dissolving the labor contract. However, the work undertaken by Party B has not yet been completed, and the work cannot be handed over. If Party B leaves immediately, it will cause economic losses to Party A, and Party B will temporarily