20236 Labor Contract Template 1
? No fixed labor contract conditions
The employer and the employee can reach an agreement through negotiation No fixed-term labor contract. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an unfixed-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract:
(1) Employee The employee has worked continuously for ten years in the employer;
(2) When the employer implements the labor contract system for the first time or the state-owned enterprise reorganizes and establishes a new labor contract, the employee has worked continuously in the employer for ten years and The statutory retirement age is less than ten years away;
(3) Two consecutive fixed-term labor contracts are entered into, and the employee does not have the qualifications prescribed in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law; Under the circumstances specified in the item, the labor contract shall be renewed.
If the employer does not conclude a written labor contract with the employee for one year from the date of employment, it will be deemed that the employer and the employee have entered into an open-term labor contract. An unfixed-term labor contract refers to a labor contract in which the employer and the employee agree that there is no definite end time. Paragraph 2 of Article 20 of the "Labor Law" stipulates that if an employee has worked continuously for more than 10 years in the same employer and both parties agree to renew the labor contract, if the employee proposes to conclude a labor contract with an indefinite period, an indefinite labor contract shall be concluded. Limited-term labor contract.
To sign a labor contract without a fixed term here, three conditions must be met: working continuously for the same employer for more than 10 years, both parties agree to renew the labor contract, and the employee files an application. The three conditions are indispensable. In practice, when an employee meets the requirement of continuous working for more than 10 years and proposes to the employer to sign an indefinite-term labor contract, the employer often expresses its disapproval of renewing the labor contract, resulting in the employee being unable to sign an indefinite-term labor contract. The purpose of a fixed-term employment contract.
Due to the flaws in the design of the non-fixed-term labor contract system in the Labor Law, the signing rate of non-fixed-term labor contracts is extremely low, which has a negative impact on the career stability of workers and the long-term development of employers. .
?Unfixed labor contract template
Party A (hiring company):
Nature of the enterprise:
Company address: Postal code: < /p>
Legal representative:
Contact number:
Party B (employee) Gender, date of birth
Education, place of origin, ID card number< /p>
Contact number of the place of residence
Remarks:
1. The content of the contract should be printed on a computer or filled in with blue or black ink pens, and no copying or photocopying is allowed; < /p>
2. The contract must be signed by the parties to take effect. Signing on behalf of someone else or forging a signature is invalid; any changes must be stamped and approved by the parties;
3. The original contract must be stamped and stamped by Party A and Party B. Seal to show the only strictness.
Contract number: Signing address: Ninghai
Party A and Party B shall comply with the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China. and other laws, regulations and rules, on the basis of equality, voluntariness and consensus through consultation, we agree to enter into this labor contract and agree to abide by the terms listed in this contract.
Article 1 Party A and Party B choose the following form to determine the term of this contract:
(1) Fixed term: from to to.
(2) No fixed period: starting from year month day until the statutory or termination conditions stipulated in this contract
occur.
(3) The deadline is to complete certain tasks. It will be terminated from the year month day until the work task is completed
.
The trial period ends on and is for days.
Article 2 According to Party A’s work needs, Party B agrees to engage in the job (type of work).
Article 3 Party B guarantees the authenticity of various documents provided related to Party A’s recruitment requirements. If untrue documents or forged resumes are provided, Party A has the right to unilaterally terminate the labor contract.
Article 4 Party A may temporarily adjust Party B’s job position and arrange temporary work tasks for Party B based on business operation needs, but the time shall not exceed 12 months. After Party B completes the temporary work tasks, Party B will continue to perform the job stipulated in the contract. If Party B requires to stay in a new position, it must negotiate with Party A. The labor contract can be changed with Party A's consent.
Article 5 Party B shall complete the prescribed work tasks on time and meet the prescribed quality standards in accordance with Party A’s requirements.
Article 6 Party B agrees to work at the work location arranged by Party A. Due to work needs, Party B agrees to Party A's change of work location.
Article 7 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 eight hours a day and no more than 40 hours a week.
Due to work needs, Party A may extend working hours after consultation with the trade union or all employees and Party B. Generally, the working hours shall not exceed one hour per day. If the working hours need to be extended due to special reasons, the extension shall be made under the condition of protecting the health of Party B.
(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 working system is implemented, Party B will arrange working hours, rest and vacations by itself.
Article 8 If Party A extends Party B’s working hours, Party B shall be paid overtime wages for overtime work and statutory holidays in accordance with the law. For overtime work on rest days, Party B shall be given equal time off or paid overtime wages for overtime work in accordance with the law.
Article 9 The ownership of Party B’s service inventions and creations while working in the company belongs to Party A, and Party A will give Party B certain material rewards.
Article 10 Party A shall strictly implement national and local laws, regulations and rules on labor protection, provide Party B with necessary labor conditions and labor tools, establish a sound production process, and formulate operating procedures, Work regulations and labor safety and health systems and standards.
Article 9 If Party A arranges for Party B to work overtime or extend working hours beyond the provisions of Article 4, paragraph 2, of this contract, wages shall be paid in accordance with Article 44 of the Labor Law
Article 10 If Party B is laid off due to insufficient production tasks of Party A, Party A guarantees that Party B’s monthly living expenses will not be less than ________ yuan.
6. Labor Discipline
Article 11 Party B shall abide by the rules and regulations stipulated by Party A in accordance with the law; strictly abide by labor safety and health, production technology, operating procedures and work specifications; love and protect employees Party A’s property, abide by professional ethics; actively participate in training organized by Party A to improve ideological awareness and professional skills.
Article 12 If Party B violates labor discipline, Party A may impose disciplinary sanctions in accordance with the rules and regulations of the unit until the termination of this contract.
7. Change, cancellation, termination and renewal of the labor contract
Article 13 If the laws, administrative regulations and rules and regulations on which this contract is concluded change, this contract shall Change related content.
Article 14 If the objective circumstances on the basis of which this contract is concluded undergo major changes, resulting in the inability to perform this contract, the relevant contents of this contract may be changed with the consent of both parties.
Article 18 This contract can be terminated upon consensus reached between Party A and Party B.
Article 19 If Party B encounters any of the following circumstances, Party A may terminate this contract:
1. During the probation period, Party B is proven not to meet the employment conditions;
2. Serious violation of labor discipline or Party A’s rules and regulations;
3. Serious dereliction of duty, malpractice for personal gain, causing significant damage to Party A’s interests;
4. Being Investigate criminal liability in accordance with the law.
Article 20 This contract is made in two copies, with Party A and Party B each holding one copy.
Party A (seal) ______________ Party B (seal) ______________
Representative: ______________ Representative: ______________
____ year ____ month ___ _Day____ Year____Month____
20236 Labor Contract Template 2
Party A (employer or entrusted project department): Address: Contact number :
Party B (name): Gender: ID number: Current address:
Party A and Party B establish labor relations in accordance with national and provincial labor laws and regulations, perform corresponding rights and obligations, and The following agreements are made on relevant issues:
1. Term of labor contract
1. Employment for less than one month: from year, month, year to month, year (no probation period).
2. Employment to complete certain work tasks: The date of completion of the project (up to three months) shall be the termination period of this contract.
2. Work content
Party A arranges Party B’s working location:
Engagement (type of work):
Quantitative (quality) requirements :
3. Labor remuneration
1. Wage calculation method:
(1) Time (daily or monthly wage standard)
(2) Measurement (pieces) (unit price quantity)
2. Wage payment method: shall not be lower than the local minimum wage standard. If the salary is paid monthly, it is RMB yuan per month; if the salary is paid in advance according to the work progress, it is RMB xx yuan, and the balance will be paid after the completion of the task.
Party A shall prepare a salary roster, which shall be signed by Party B himself or entrusted in writing to authorize others to sign on his behalf to collect wages.
4. Labor protection and work-related injury insurance
Party A shall handle personal accident insurance or work-related injury insurance for Party B in accordance with the law, of which the monthly work-related injury insurance premium shall be RMB.
5. Others
This contract will take effect from the date of signing. The contract is made in two copies, with Party A and Party B each holding one copy.
Party A (signature and seal): Party B (signature and seal):
Year, month, and day
20236 Labor Contract Template Part 3
Party A:
Party B (employer):
Party A hires Party B for production (work) needs. This contract is entered into with the voluntary negotiation and consent of both parties.
1. Contract period
Starting from the day of the year and ending on the day of the year. The probation period is two months, and the salary during the probation period is _x yuan (including living expenses, rent, and water and electricity bills of _yuan per month).
2. Production (work) tasks
Party B agrees to comply with Party A’s production (work) needs: at the post, undertake production (work) tasks.
3. Labor Discipline
Party A shall formulate various management rules and regulations in accordance with the relevant regulations of the superior department. Party B shall consciously abide by the laws, regulations and various regulations formulated by the unit. Follow rules and regulations, obey management, and actively do a good job.
Party A has the right to inspect, supervise, assess, reward and punish Party B’s performance of duties and implementation of the system.
4. Working hours and labor remuneration
1. Party A implements an 8-hour working system. Due to work needs, sometimes it is necessary to take breaks and change shifts. Party B shall obey Party A's arrangements.
2. Party A shall implement the city’s middle wage standard regulations and ensure that Party B’s salary income is not lower than the city’s middle wage standard for that year.
3. Party B’s salary is _ yuan/month. After the probation period, Party A will be responsible for giving Party B a salary increase based on Party B’s performance certification.
4. Party A will pay wages as scheduled on the 15th day of each month. (If wages are not paid overdue, Party A will compensate 1% of the salary arrears every day from the sixth day after the salary payment date. Party B).
5. Social Welfare Benefits
1. Severance pay. If the employment contract is continuously evaluated in the unit, after the expiration of the contract, a one-time severance payment will be issued based on the number of years of service. After three years, Those who have lived for five years will receive RMB 800, those who have lived for five years will receive RMB 1,500, those who have lived for eight years will receive RMB 20_, and those who have lived for ten years will receive RMB 3,500.
2. Family leave. Anyone who has worked continuously in the unit for more than two years can enjoy family leave treatment. During the leave, they will be paid a basic salary and pay their own travel expenses. Those who have worked for two years or more can enjoy seven days of vacation, those who have worked for three years or more can enjoy ten days of vacation, and those who have worked for more than four years can enjoy fourteen days of vacation.
6. Labor Protection and Labor Conditions
Party B has the right to refuse Party A’s illegal instructions, and has the right to criticize Party A and its managers for their disregard for Party B’s safety and health. and report and accuse to relevant departments.
7. Conditions for Termination and Termination of Labor Contract
1. One party to the contract may terminate the labor contract at any time under any of the following circumstances.
(1) Both parties agree unanimously.
(2) Party B does not meet the employment conditions during the probation period or Party B is unwilling to serve.
(3) Party B has been betrayed and sent to reeducation through labor, and has serious problems such as theft, gambling, fighting, and malpractice for personal gain, or has caused heavy losses to the unit due to dereliction of duty and repeatedly violated labor disciplines. Those who cannot be reformed by education.
(4) Party A threatens Party B with violence or illegally restricts Party B’s personal freedom, insulting Party B’s legitimate rights and interests.
(5) Party A fails to pay Party B’s wages for two consecutive months.
(6) Relevant departments confirm that labor safety and sanitary conditions are poor.
(7) Other situations stipulated by laws and regulations.
2. If one party proposes to terminate the labor contract, the other party shall be notified in writing 15 days in advance.
Party A’s dismissal:
(1) Party A needs to lay off personnel due to changes in objective circumstances such as production and operation, technical conditions, etc.
(2) Party B’s medical treatment period for illness or work-related injury has expired, and he cannot engage in the original job or another arranged job.
3. If Party A proposes to resign within the contract and leaves without approval, Party A has the right not to return the deposit and monthly salary to Party B.
4. If Party B seriously violates labor discipline and is fired by Party A during the contract period, Party A will not refund the deposit and monthly salary.
Party A:
Party B:
The contract was signed on the year, month and day
20236 Labor Contract Template Part 4
< p> ?No.: _________?Labor Contract
?Name of Party A (employer): _________
?Economic type: __________
?Unit code: ___________
?Legal representative (main person in charge) name: ____________
?Unit address:
?Contact number: < /p>
?Name of Party B (laborer): _________
?Gender: ___________
?ID card number: _____ ________
?Address: ____________
?Contact number: ___________
?Printed by Guizhou Provincial Department of Labor and Social Security
?According to the "Labor Law of the People's Republic of China", According to the provisions of the "Labor Contract Law of the People's Republic of China" and other laws, regulations and rules, Party A and Party B enter into this labor contract in accordance with the principles of legality, fairness, equality, voluntariness, consensus through consultation, and good faith. Both parties shall abide by this labor contract in accordance with the law. Terms listed.
?1. Type and term of contract
?Article 1. Party A and Party B shall choose the following form to determine the term of this contract:
?(1) ) Fixed period: starting from ____month ____ day of ____ year and ending on __month ____ day of ____ year, of which the probation period is from ____month ____ day to ____month ____ day of ____ year.
? (2) No fixed period: starting from ____month ___day to the occurrence of legal termination conditions, of which the probation period is from ____month ___day to ____month ____day.
? (3) The period is based on the completion of certain work tasks: starting from ____month____ of year ____ and ending when the task is completed.
?2. Work Content and Work Location
?Article 2 According to Party A’s work needs, Party B agrees to engage in the __________ position (type of work) and assume the __________ position. The work location is located at ____________. The job position (type of work) and working location can be changed with the agreement of both parties A and B.
?3. Working hours, rest and vacations
?Article 3 Party A implements the standard working hour system of 8 hours a day and 40 hours per week. If the standard working hour system cannot be implemented, With the approval of the labor and social security department, the comprehensive calculated working hours system or irregular working hours system can be implemented. If Party B needs to work overtime or extend working hours due to work, Party A shall pay Party B overtime wages or arrange compensatory leave in accordance with the law. Party B shall enjoy statutory holidays stipulated by the state in accordance with the law.
?4. Labor remuneration
?Article 4 The salary standard of Party B during the probation period is ______ yuan/month.
?Article 5 After the expiration of Party B’s probation period, Party A shall determine Party B’s salary standard as ____yuan/month according to the salary system of the unit.
?Article 6 The salary of a worker during the probation period shall not be lower than the lowest wage for the same position in the unit or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard in the location of the employer.
?Article 7 Party A shall pay Party B’s salary in full on a monthly basis in legal currency, and shall not withhold or delay payment without reason.
Article 8 The salary paid by Party A to Party B shall not be lower than the local minimum wage standard.
?5. Social Insurance
?Article 9 Party A shall pay social insurance premiums for Party B in accordance with national laws, regulations and policies on social insurance; social insurance premiums shall be paid individually Party A shall withhold and pay part of the amount from Party B's salary.
?When Party A and Party B cancel or terminate the labor contract, Party A shall handle the social insurance relationship transfer procedures for Party B in accordance with relevant regulations.
?6. Labor protection, working conditions and occupational hazard protection
?Article 10 Party A shall strictly implement national and local laws, regulations and laws on labor protection and occupational hazard protection. Regulations, provide Party B with working conditions, necessary labor protection supplies and labor tools that comply with national regulations, and urge Party B to comply with operating procedures, work specifications, labor safety and occupational health systems and standards.
?Article 11 If Party B is engaged in work that exposes occupational disease hazards, Party A shall truthfully inform Party B of the occupational disease hazards that may occur during the work and their consequences, occupational disease protection measures and treatment, and shall not conceal any information. Or cheat. Party A shall organize Party B to conduct an occupational health examination before leaving work in accordance with relevant national regulations, and truthfully inform Party B of the examination results.
?Article 12 Party B has the right to refuse to carry out Party A’s illegal instructions, and has the right to criticize and report to the relevant departments if Party A and its managers ignore Party B’s safety and health.
?Article 13 Party B shall abide by laws, regulations, rules and operating procedures on occupational disease prevention and control, correctly use occupational disease protective equipment and personal occupational disease protective supplies, and discover occupational disease hazards
? Potential accidents shall be reported to Party A in a timely manner.
?7. Performance, modification, cancellation and termination of the labor contract
?Article 14 The performance, modification, cancellation and termination of this contract shall be in accordance with the "People's Republic of China and the People's Republic of China" The provisions of Chapter 3 and Chapter 4 of the National Labor Contract Law shall be implemented.
?8. Other matters agreed by both parties
?9. Labor dispute settlement
?Article 16 After the occurrence of a labor dispute, Party A and Party B shall If the dispute is not resolved through negotiation or negotiation fails, Party A may apply to the Labor Dispute Mediation Committee for mediation; if mediation fails, Party A shall apply in writing to the Labor Dispute Arbitration Committee for arbitration within 60 days from the date of the dispute. Party A and Party B may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If you are dissatisfied with the arbitration award, you may file a lawsuit in the People's Court within the statutory time limit. ? Relevant regulations are implemented.
?Article 18 This contract is made in two copies, with Party A and Party B each holding one copy.
?Both Party A and Party B fully understand and agree to all the above terms of this contract.
?This contract shall become effective upon the signature or seal of Party A and Party B.
?Party A: (seal) Party B: (signature)
?Legal representative appoints agent): (signature)
?Signing of this contract Time: year, month, and day
?Authenticating agency: (seal) Authenticator: (seal)
?Year, month, and day
?Probation period regulations:
?If the labor contract period is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract period is more than one year but less than three years, the probation period shall not exceed three months; if it is more than three years, it shall be fixed For fixed-term and indefinite-term labor contracts, the probation period shall not exceed six months.
?The same employer and the same worker can only agree on a probation period once.
?A labor contract that is limited to the completion of certain work tasks or a labor contract with a term of less than three months shall not stipulate a probation period.
?The probation period is included in the labor contract term. If the labor contract only stipulates a probation period, the probation period will not be established and this period shall be the term of the labor contract.
20236 Labor Contract Template Part 5
Number: Version number: a/o Serial number:
Party A:
Party B:
(hereinafter referred to as Party A) and (hereinafter referred to as Party B), have reached the following agreement on the employment internship issues of Party A’s students (hereinafter referred to as “internship students” (see the attachment for the specific list of internship students)):
p>
1. At the request of Party B, and after passing Party B’s assessment, Party A’s intern students will come to Party B for internship. The internship location is:; The internship content is: The internship period: from year month day to year month day.
2. Party B provides internship sites for Party A’s students, and will work with Party A to manage and guide the students’ employment internships during the internship period.
3. Party B shall arrange working hours, breaks and vacations for intern students in accordance with the provisions of the Labor Contract Law and relevant laws and regulations, and shall not arrange for intern students to engage in work that is not suitable for their major, age, physical condition, etc.
4. Party B provides intern students with labor protection conditions, safety, health facilities, etc. that comply with national regulations, and is responsible for conducting pre-job training for intern students. In order to ensure the personal safety of intern students, Party B will Party B shall not arrange for intern students who have passed the training and training to work.
5. In order to complete the internship and work tasks, Party B is responsible for arranging education and training for intern students on professional ethics, work skills, production safety and relevant rules and regulations during the internship period.
6. During the internship period, Party B will directly pay the internship subsidy yuan/month to the intern students in accordance with relevant legal regulations and national policies, and pay relevant bonuses and overtime expenses in accordance with company regulations.
7. Party A is responsible for the "Student Internship Liability Insurance" for the intern students during the internship period. If there are any uninsured items, Party B has the right to return them to Party A.
8. During the internship period, intern students should abide by Party B's rules and regulations. Party B should submit written opinions to Party A for intern students who violate the system, and the two parties will negotiate and decide on the handling method. If *** agrees If Party B decides to return the intern student, Party B may return it. If Party A needs students to return to school during the internship period, Party A must notify Party B three days in advance. Party B will ensure that the intern students can return to school smoothly within the specified period.
9. If Party B finds that an intern student is not suitable for Party B’s job during the internship period, Party B may notify Party A in writing within the validity period of this agreement, and both parties will negotiate to determine how to deal with the intern student.
10. Those who are injured on the job during the internship will be handled in accordance with relevant legal provisions.
11. When the internship period expires, this agreement will automatically expire. The intern students will no longer be regarded as the intern students stipulated in this agreement. Party A does not need to assume the relevant obligations stipulated in the agreement, and Party B will conduct two-way negotiations with the intern students. For those hired by Party B, Party B and the recruiter shall sign a separate labor contract in accordance with the provisions of the Labor Contract Law and relevant laws and regulations to stipulate the rights and obligations of both parties.
12. After the signing of this agreement, the improper performance of any of the above terms by Party A and Party B will be deemed as a breach of this agreement. If losses are caused to the non-defaulting party, the defaulting party shall compensate for the losses. .
13. Any dispute arising from the performance of this Agreement shall be resolved by both parties through negotiation. If the negotiation fails, either party may file a lawsuit with the People's Court where Party A is located.
14. Matters not covered in this agreement shall be resolved through negotiation between Party A and Party B.