Labor Contract Sample

Party A:

Registration Code:

Business Address:

Party B:< /p>

Gender:

Resident ID number:

Year, month and day of starting date of working for Party A

Home address:

Postal code:

Residential address:

Postal code:

Province (city) district (county) street (township) where the household registration is located

Signature date: Year, month, day

According to the Labor Contract Law of the People's Republic of China and relevant laws and regulations, Party A and Party B shall act on the basis of equality, voluntariness, consensus through consultation, and legality. In accordance with the principles of fairness, good faith and good faith, we sign a labor contract and promise to abide by the following:

Article 1

Contract type and term

A and B Both parties choose the following form to determine the term of this contract:

(1) Fixed term, starting from _ _year__ __month__ _day to _ _year_ _month_ day,*** _ months.

(2) The probation period starts from _ _year_ __month__ _day and ends on __ ___year_ __month__ _day, *** _ _months .

(3) Party B shall arrive at work before month and year.

Note: The "Labor Contract Law" adjusts the provisions of the "Labor Law" on the termination of labor contracts. The stipulated termination of the labor contract has been cancelled, and it is stipulated that the labor contract can only be terminated due to the occurrence of legal circumstances. In other words, the parties to a labor contract may not agree on the conditions for the termination of the labor contract; even if they agree, the agreement will be invalid.

The reason for stipulating the arrival time is that the "Labor Contract Law" stipulates that the date of establishment of the labor relationship is the date of employment (generally, the arrival at work shall prevail). The employee has not been on duty since signing the contract. The enterprise cannot terminate the contract at will, as the legal risks and costs are very high. The company should agree on the arrival time so that the contract can automatically expire later.

Article 2

Work content and location

(1) According to Party A’s work needs, Party B agrees to engage in the job. According to Party A’s work needs, The work location can be changed with the agreement of both parties.

(2) Party B shall complete the prescribed quantity of work on time and meet the prescribed quality standards according to Party A’s requirements.

Note: Work place is a new mandatory clause in the Labor Contract Law. Clauses such as "the employee is willing to obey the employer to adjust his or her job position due to production and operation needs" or "the employer has the right to adjust the employee's job position according to the needs of production and operation" are no longer included in the contract. The reason is: adjusting the job position is an act of changing the contract. According to the provisions of the Labor Contract Law, the change must be in writing. Therefore, this agreement is suspected of depriving the employee of the right to negotiate changes in the contract, and the employer is exempted from its legal responsibilities and excludes the employee. The terms of the rights are invalid.

Article 3

Working hours and vacations

(1) Party B implements the following type 1 working hours system.

1. If a fixed work system is implemented, the average daily working time shall not exceed 7 hours, and the average weekly working time shall not exceed 40 hours.

2. If the irregular work system is implemented, working hours and rest and vacations shall be arranged by Party A and Party B through negotiation.

(2) Party B shall enjoy the holidays prescribed by the state and the vacation system prescribed by the unit in accordance with the law.

Note: Working hours and rest and vacation are new mandatory provisions in the Labor Contract Law.

Article 4

Labor Protection and Conditions

(1) Party A shall provide Party B with labor protection and conditions according to the needs of the production position and in accordance with the relevant national labor safety and health regulations. Equip necessary

safety protection measures and distribute necessary labor protection supplies.

(2) Party A shall establish a production safety system in accordance with relevant national laws and regulations; Party B shall strictly abide by Party A's labor safety system

Strictly prohibit illegal operations and prevent accidents and reduce occupational hazards.

(3) Party A shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, and improve the level of occupational disease prevention and control.

Note: Labor protection, working conditions and occupational hazard protection are new necessary provisions in the Labor Contract Law.

Article 5

Labor Remuneration

(1) Party B’s basic (fixed) salary standard during the probation period is yuan/month. Party B’s salary during the probation period The salary is yuan, and the performance salary is determined based on Party B's performance appraisal.

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

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

2. Piece rate. Party A shall establish scientific and reasonable labor quota standards, and the piece-rate unit price shall be subject to Party A’s relevant systems.

3. Other forms of wages.

The specific agreement is as follows:

(3) Party A (or the unit designated by Party A) shall pay Party B’s salary in currency on a monthly basis, and the payday shall be the 15th of each month. If Party B provides normal labor, the wages paid by Party A to Party B shall not be lower than the minimum wage standards stipulated by the local government.

Note: This contract should indicate the employee’s basic (fixed) wage standard, and performance wages will be determined by performance appraisal. "The unit designated by Party A" solves the situation where the unit where the labor contract is located and the unit that pays wages are separated, that is, the situation of "expatriate employment".

The "25th" is 5 days later than the normal salary payment time to avoid the situation where wages are sometimes paid late within a reasonable period.

(4) During the contract period, Party A shall give Party B the opportunity to increase wages based on Party B’s work performance. (Note: The salary increase should be clearly stated in the contract.)

Article 6

Insurance and welfare benefits

(1) Party A and Party B must comply with the law Participate in the statutory social insurance stipulated by the local government, and pay social insurance premiums on time to the social insurance agency affiliated to the labor and social security department in accordance with relevant national regulations. The portion that Party B should pay shall be withheld and paid by Party A from Party B's salary.

(2) If Party B is injured (death) or suffers from an occupational disease due to work, he shall have the right to receive medical treatment and economic compensation in accordance with the law.

(3) If Party B falls ill or is injured not due to work during the labor contract period, he shall enjoy the medical period prescribed by the state in accordance with the law.

(4) Party B’s welfare benefits shall be implemented in accordance with the regulations of the state and Party A.

Article 7

Contract modification and termination

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

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

2. The objective situation on which the labor contract was concluded has undergone significant changes and has been agreed upon with Party B;

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

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

5. Other situations stipulated by laws and regulations.

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

1. During the probation period, those who are proven not to meet the employment conditions;

Note: The human resources department should retain recruitment materials to retain evidence of the employment conditions.

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

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

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

5. Using fraud, coercion or taking advantage of others' danger to make Party A enter into or change a labor contract against its true intention;

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

Note: Revised in accordance with Article 39 of the Labor Contract Law. In the case of fraud on employees, the labor contract may also be terminated in accordance with Article 39, Item 5.

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

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

2. Party B is incompetent for the job, and after training or adjusting his job position, he is still unable to do the job;

3. The objective circumstances on which the labor contract was concluded have undergone significant changes, making it impossible to perform the original labor contract, and parties A and B cannot reach an agreement on changing the labor contract after negotiation;

(4) One of the following circumstances occurs , Party B can terminate this contract:

Labor Contract Sample

1. Party A cannot provide Party B with reasonable remuneration on time and in quantity;

2. Party A Failure to provide Party B with insurance benefits on time and in quantity;

3. Party A cannot provide Party B with reasonable positions and training opportunities;

4. Party A cannot provide Party B with better development Opportunity;

Note: Formulated in accordance with Article 40 of the Labor Contract Law, no changes.

Article 8

Other agreed terms

(1) Where Party A funds training for Party B, the two parties will sign a separate "Training/Education Agreement", because Party B If the labor contract is terminated early for any reason, Party B shall compensate Party A for training and other expenses. The specific compensation standard shall be in accordance with the provisions of the "Training/Education Agreement".

(2) Before Party B signs a labor contract, Party A has the right to know the basic information of Party B directly related to the labor contract, including but not limited to the employee’s education, resume, qualifications or employment certificate (clear) And whether the previous labor relationship has been terminated or terminated, etc. Workers should explain truthfully and promise their authenticity in writing. If Party A is deceived into signing a labor contract due to intentional omissions or concealment of the above basic information, and is discovered by Party A or prosecuted by the original unit, it will be regarded as a fraudulent act by Party B and lead to serious misunderstandings by Party A, and Party A has the right to legally Apply to determine that this contract is invalid from the beginning, and the losses caused to Party A shall be fully borne by Party B.

(3) If Party B fails to arrive on duty on the arrival date stipulated in Article 1 of this contract, this contract will automatically become invalid upon the expiration of the arrival date, unless Party A approves. The losses caused to Party A shall be fully borne by Party B.

(4) The attachments to this contract have the same effect as this contract. However, if there is any conflict or inconsistency between the terms of this contract and the content in the attachment, the content in the attachment shall prevail.

(5) During the performance of this contract, if Party A changes its name, legal representative, principal person in charge, investors, etc., it will not affect the performance of this contract; if Party A undergoes a merger or division, etc. , this contract will continue to be valid and will continue to be performed by the successor unit.

(6) During the contract period, all patents, copyrights and other intellectual property rights generated by Party B that are part of its duties or mainly utilize Party A’s material and technical conditions belong to Party A, and Party B has no right to Commercial development.

(7) After both parties sign this contract, Party B shall not hire any other unit to engage in the same or similar business as Party A or that has competitive conflicts during the contract period.

(8) Party B shall keep confidential the intelligence, information and other business secrets about Party A and its affiliated companies obtained during the contract period, and shall not disclose them to any third party (including those not required for work) employees of Party A). Party B's breach of confidentiality obligations will be deemed a serious breach of this contract and will be deemed to have sufficient grounds for dismissal. This confidentiality obligation will still be binding on Party B at any time after the termination or expiration of this contract.

Note: Trade secrets, non-competition restrictions, and special training are only stipulated in principle in the main contract and will be handled in separate agreements.

If the laws and regulations stipulate matters not covered in this contract, they shall be implemented in accordance with the laws and regulations; if the laws and regulations do not stipulate them, they shall be resolved by negotiation between the two parties. This contract may be modified by both parties through consensus. If the two parties fail to reach an agreement or a labor dispute occurs, they shall apply to a mediation agency for mediation and file a lawsuit in the People's Court in accordance with the law.

This contract is made in duplicate and shall take effect from the date of signature and seal by both parties; each party shall hold one copy. Party A shall establish a roster of employees for review in accordance with regulations and complete the filing procedures with the labor department. The labor contract template can be downloaded from Xinfa.com.

Party A (seal) Party B (signature)

Legal representative, person in charge

or authorized agent (signature)

Year Month Day Year Month Day

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