The concept and structure of labor contract [3]
(1) Term of labor contract and probation period;
(2) Work content and working hours;
(3) Labor remuneration and insurance benefits;
(4) Production conditions or working conditions;
(5) Labor discipline and political treatment;
(6) Modification and dissolution of the labor contract;
(7) Liability for breach of contract;
(8) Other matters agreed by the parties [edit this paragraph] II. Terms of the contract The terms that a labor contract should have:
Article 17 of the Labor Contract Law stipulates:
A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits. [Edit this paragraph] III. Characteristics of the contract Characteristics of the labor contract:
1, the subject of labor contract is specific;
2. The content of the labor contract has the unity and correspondence of labor rights and obligations;
3. Single labor object, namely labor behavior;
4. Labor contract has the characteristics of commitment, compensation and two-way contract;
5. Labor contracts often involve the material interests of third parties. [Edit this paragraph] 4. The function of the contract is 1. It is an important guarantee for workers to realize their labor rights;
2. It is an important means for employers to rationally use labor, consolidate labor discipline and improve labor productivity;
This is an important measure to reduce and prevent labor disputes. [Edit this paragraph] V. Validity of contracts According to Article 18 of the Labor Law, labor contracts that violate laws and administrative regulations and labor contracts concluded by fraud or threats are invalid. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court, and the reasons for invalidity generally include the following aspects:
1. The contract entity is unqualified. The employed party provides false academic qualifications, degrees, professional and technical qualification certificates, and the employing unit does not have recruitment qualifications.
2. The content of the contract is illegal, that is, the labor contract violates laws, regulations and good customs, or harms the national and social public interests. For example, making ice and counterfeit money. Labor contracts containing illegal contents are not protected by law.
3. The meaning is not true. A labor contract is the product of consensus reached by both parties and should be the true expression of the parties' intentions. Labor contracts concluded by means of fraud, threats, etc. It is against the true meaning of one party, so it is invalid.
4. The contract format is illegal. This means that the labor contract is not in written form, the parties have not actually fulfilled their main obligations, or the labor contract that should be authenticated according to law or at the request of the parties has not been authenticated. Under normal circumstances, as long as the parties take remedial measures to legalize the contract formally, the contract can be considered valid. [Edit this paragraph] VI. Method of concluding a contract 1. Principle Article 3 of the Labor Contract Law [2] stipulates that the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
2. The conclusion of a labor contract shall be reached through consultation between the employer and the employee, and shall take effect after the employer and the employee sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively. [Edit this paragraph] VII. Term of the Contract Term of the Labor Contract:
Generally speaking, there are three kinds of labor contracts, namely, fixed-term labor contracts, non-fixed-term labor contracts and labor contracts with the completion of certain work as the term. [Edit this paragraph] VIII. The first type of invalid labor contract is a labor contract that violates laws and administrative regulations;
The second is a labor contract concluded by means of fraud and threats. [Edit this paragraph] 9. The principles and codes of conduct for the performance of labor contracts are as follows
1, personal execution principle;
2. The principle of the unity of rights and obligations;
3. Fully implement the principle;
4. The principle of cooperative performance.
Acts include full performance, incomplete performance, non-performance and unilateral non-performance. [Edit this paragraph] X. The conditions and procedural conditions for the change of the labor contract are as follows
1. The laws and regulations on which the labor contract is concluded have been amended or abolished;
2. The employer changes production or adjusts or changes production tasks;
3. The employer is really unable to fulfill its obligations under the labor contract due to serious losses or natural disasters;
4. Both parties agree through consultation;
5. Other circumstances permitted by law.
The procedure is as follows
1, and put forward the requirement of changing the contract in time;
2. Give a reply on schedule;
3. Both parties reach a written agreement. [Edit this paragraph] XI. Conditions for dissolving the labor contract 1, both parties are voluntary;
2. Equal consultation;
3, shall not harm the interests of one party. [Edit this paragraph] XII. Conditions for the termination of the contract are generally stipulated in labor contracts with no fixed term, because such contracts have no termination period. However, other types of contracts can also be agreed. It should be noted that both parties shall not take the conditions stipulated by law that the contract can be terminated as the conditions for terminating the contract, so as to avoid the situation that the employer should pay economic compensation when terminating the contract and terminate the contract without paying economic compensation. [Edit this paragraph] XIII. Generally speaking, the liability for breach of labor contract can be agreed in two forms: one is to agree on the way of compensation for economic losses caused by one party's breach of contract; The second is to stipulate liquidated damages. In this way, we should pay attention to determining the specific amount according to the employee's affordability, so as to avoid obvious unfairness. In addition, breach of contract, or violation of labor contract, here does not mean general breach of contract, but refers to the extent that the breach of contract is so serious that the labor contract can no longer be performed, such as employees leaving their jobs in violation of contract, and the unit illegally terminates the employee's contract. [Edit this paragraph] 14. Labor contracts are governed by laws and regulations and the Labor Law of People's Republic of China (PRC).
People's Republic of China (PRC) labor contract law
Regulations of the People's Republic of China on the Implementation of the Labor Contract Law
According to the provisions of the Labor Law, the term of labor contracts signed by employers and employees can be divided into three categories: (1) There is a fixed term, that is, the term of validity is clearly stipulated in the contract, which can be long or short, ranging from several years or more to one year or several months. (2) There is no fixed term, that is, only the start date is agreed in the labor contract, and there is no specific end date. An open-ended labor contract may stipulate the termination conditions of the labor contract according to law. As long as there are no agreed termination conditions or legal termination conditions in the performance, it is generally impossible to terminate or terminate, and labor relations can continue until employees retire. (3) The completion period of a certain job, that is, the effective period is the completion of a certain job or project. Once the work or project is completed, the labor contract is terminated.
A labor contract may have no probation period or a probation period, but the longest probation period shall not exceed 6 months. If the term of the labor contract is less than 6 months, the probation period shall not exceed 15 days; If the term of the labor contract is more than 6 months but less than 1 year, the probation period shall not exceed 30 days; If the term of the labor contract is 1 year and less than 2 years, the probation period shall not exceed 60 days. The probation period is included in the labor contract. A part-time labor contract shall not stipulate a probation period. [Edit this paragraph] 15. Sample contract (full-time labor contract) 1:
Contract number:
Party A: Party B:
Unit name: Name:
Legal Representative: Gender:
Authorized Agent: Date of Birth:
Address: Home address:
Belonging area:
In accordance with the Interim Provisions of Shanghai Jingcheng Printing Factory on Implementing Full-time Labor Contract System (hereinafter referred to as the Interim Provisions) and the Trial Measures of Shanghai Labor Bureau on Implementing Full-time Labor Contract System for Enterprises Owned by the Whole People, both parties, on the principle of equality, voluntariness and consensus, conclude the following contract:
I. Type and duration of the contract
Article 1 The term of this contract is agreed by both parties through consultation, and the following methods are adopted:
(1) Fixed term: MM DD YY to MM DD YY. Among them, the probation period starts from the date of month to the date of month.
(2) No fixed term: from the year, month and day. Among them, the probation period starts from the date of month to the date of month.
(3) The deadline is to complete certain tasks: from (year) to (year).
Second, work.
1. Party A will select the best post or arrange appropriate work according to the needs of production and work and referring to Party B's work skills or specialties after assessment. Before taking up the post, you should sign an employment contract with your department in accordance with the Implementation Measures for Post Employment of Shanghai Jingcheng Printing Factory. The employment contract is an annex to this contract.
2. Party A may transfer Party B's post in the work department due to production and work needs or according to Party B's work ability and performance. When soliciting Party B's opinions, unless there are special circumstances, Party B shall follow the principle of obedience.
3. The employment and dismissal of relevant posts of both parties shall be handled in accordance with the Implementation Measures for Post Employment of Shanghai Jingcheng Printing Factory and the Interim Provisions on Laid-off Workers of Shanghai Jingcheng Printing Factory.
Three. Responsibilities and obligations of both parties
1. Party A shall take effective measures to provide Party B with a good working environment and working conditions, strengthen the safety, hygiene and labor protection of employees, and distribute necessary labor protection articles and health care and nutrition treatment to Party B according to the needs of production and actual work. At the same time, special protection should be given to female employees as appropriate.
2. According to the production and economic development of the enterprise, Party A continuously improves and improves the living welfare of employees and provides necessary collective living facilities and entertainment places.
3. Party A shall, according to the needs of production and work, provide employees with necessary professional and technical training and business training conditions, and carry out political document study, safety production and factory regulations and discipline education.
4. Party B has the right to participate in Party A's democratic management and obtain political honor and material rewards.
5. After taking up the post, Party B shall master the working skills and operating procedures of this post according to the production and work requirements of Party A, complete the specified production and work tasks with good quality and quantity, and accept the relevant assessment of Party A's functional departments.
6. During the contract period, Party B shall have good professional ethics and ownership spirit, safeguard the reputation of the enterprise and cherish the collective property.
Fourth, labor remuneration.
1. Party A implements the internal salary distribution in the enterprise, and determines the labor remuneration of different types of jobs according to the labor skill level, job responsibilities, labor intensity and working conditions according to the principle of "distribution according to work", and gradually improves the labor remuneration and related welfare benefits of Party B with the development of production and operation and the growth of economic benefits.
2. Party B's salary, bonus, floating salary, post salary, overtime salary and corresponding welfare allowance are still paid monthly according to the current regulations of Party A. ..
3. If Party B makes outstanding contributions or special achievements in production or work, Party A may give necessary moral and material encouragement or salary promotion.
Verb (abbreviation of verb) welfare and labor insurance
1. During the term of the Labor Contract, Party B still enjoys the relevant allowances stipulated uniformly, such as price subsidies, family planning, housing subsidies, old-age insurance, one-child fees, legal holidays, family leave, wedding and funeral leave, maternity leave, employee leave specified by Party A, etc.
2. During the term of the Labor Contract, Party B's work-related or non-work-related death treatment and family members' labor protection treatment shall still be implemented according to the current national policies and regulations.
3. During the term of the labor contract, the relevant treatment of Party B during illness or non-work-related injury shall still be implemented according to the current relevant national policies and unit rules and regulations. The medical treatment period of Party B's shutdown shall be implemented in accordance with the relevant provisions of the Interim Provisions on the Implementation of Full-time Labor Contract System in Shanghai Jingcheng Printing Factory.
4. Persons who are included in the scope of laid-off and unemployed shall be dealt with according to the Interim Provisions of Shanghai Jingcheng Printing Factory on Laid-off and Unemployed.
5. When Party B reaches retirement age, his retirement benefits will still be implemented according to the current national policies.
Six, labor discipline
During the term of the labor contract, Party B must consciously abide by the relevant national laws and regulations, labor discipline and various rules and regulations formulated by Party A. In case of violation of discipline, Party A has the right to give necessary punishment according to the relevant rules and regulations of the factory.
Seven. Alteration, termination and rescission of the contract
1. Any labor contract with a fixed term is terminated at the expiration of the term, and the labor contract can be renewed through negotiation between Party A and Party B..
2. During the performance of the labor contract, if both parties are unable to perform the relevant contents of the labor contract due to special circumstances, they can change the relevant contents of the labor contract through consultation, but they must go through the change procedures.
3. When the employee reaches the required retirement age or loses the ability to work due to illness, the labor contract will be terminated naturally.
4. During the term of the labor contract, if either party requests to terminate the labor contract, except for the first, second, third and fourth paragraphs of Article 16 of the Interim Provisions of Shanghai Jingcheng Printing Factory on the Implementation of Full-time Labor Contract System, it must notify the other party in writing one month in advance before going through the formalities of terminating the labor contract.
5. During the term of the labor contract, Party A may terminate the labor contract under any of the circumstances specified in Article 16 of the Interim Provisions.
6. During the term of the labor contract, Party A shall not terminate the labor contract under any of the circumstances specified in Article 18 of the Interim Provisions.
7. During the term of the labor contract, if Party B meets one of the provisions in Article 17 of the Interim Provisions, it may propose to Party A to terminate the labor contract.
8. For Party B's personnel who terminate the labor contract, Party A shall go through the relevant formalities according to the relevant provisions of the Interim Provisions.
Eight. responsibility for breach of contract
1. During the contract period, Party A shall not terminate the contract or leave the company on its own, except under the circumstances stipulated in Articles 16 and 19 of the Interim Provisions and Article 17 of the Interim Provisions, otherwise it shall pay liquidated damages to 500 yuan.
Party A and Party B must strictly perform the labor contract. Except in special circumstances, if either party breaches the contract and causes economic losses to the other party, it shall compensate the other party according to its consequences and responsibilities. The amount of compensation shall be determined according to relevant regulations or actual conditions.
3. Any employee who has been trained, educated or sent to Party B at the expense of Party A is resigned, transferred or breached the contract, which shall be implemented in accordance with the relevant provisions of the Measures for Compensation for Breach of Contract in the Service Period of Shanghai Jingcheng Printing Factory.
Nine, the two sides need to agree on the relevant provisions.
1. Matters not covered in this contract shall be handled in accordance with the relevant provisions of the Interim Provisions.
2. If the relevant provisions of this contract conflict with the newly promulgated regulations of the state, the latter shall prevail. If Party A and Party B need to modify or supplement, they can do so through consultation.
3.
4.
X. mediation and arbitration of labor disputes
In case of a dispute arising from the performance of a labor contract, the parties concerned shall apply to the enterprise labor dispute mediation committee for mediation within six months from the date when they know or should know that their rights have been infringed, or they may apply to the Hongkou District Labor Dispute Arbitration Committee for arbitration within six months from the date when the dispute occurs or within 30 days from the date when the enterprise fails to mediate.
This Labor Contract is legally established and has legal effect, and shall come into effect after being signed by both parties. This contract is made in duplicate. Enterprises and employees each hold one copy.
Party A: Party B:
Legal representative (signature): (seal or signature)
Authorized representative (signature):
Date of Contract Signing: Date of Contract Signing:
Year, month, sun, moon, sun.
Forensic Medicine Unit:
Verification date:
Note: This labor contract must be written in pen, and ballpoint pens are not allowed.
Sample 2:
Number:
Work and work are in the same book.
(Fixed term)
Basic information of both parties to the labor contract
The first party
Legal representative (principal responsible person) or entrusted agent
registered address
office
Gender of Party B
Resident identity card number
Or other valid certificate name and certificate number.
Date when Party A starts to work
Postal code of home address
Postal code of temporary address
Street (township) in the province (city) district (county) where the household registration is located.
Date of signature: year month day.
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 Labor Contract on the principles of equality, voluntariness, unanimity through consultation, legality, fairness, honesty and credibility, and promise to abide by it together:
Article 1 Type and duration of contract
Party A and Party B choose the following form to determine the term of this contract:
(1) Fixed term, from _ _ _ _ _ _ _ _ year to _ _ _ _ _ _ _ _ _ _ _.
(2) The probation period starts from _ _ _ _ _ _ _ _ years.
(3) Party B shall arrive at work before.
Note: The Labor Contract Law has adjusted the provisions of the Labor Law on the termination of labor contracts. Cancel the agreement to terminate the labor contract, stipulating that the labor contract can only be terminated due to legal circumstances. In other words, the parties to a labor contract may not agree on the termination conditions of the labor contract; Even if it is agreed, the agreement is invalid.
The reason why the arrival time is stipulated is because the Labor Contract Law stipulates that the establishment date of labor relations is the date of employment (generally based on the arrival date), and employees do not arrive at the post after signing the contract, so enterprises cannot terminate the contract casually, which has high legal risks and costs. Therefore, we should agree on the time to arrive at the workplace, so that the contract will automatically become invalid in the future.
Article 2 Work content and work place
(1) According to Party A's work needs, Party B agrees to take up post work. According to Party A's work needs, Party A and Party B can change the work place through consultation.
(2) Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
Note: The place of work is a new necessary clause in the Labor Contract Law. Clauses such as "workers are willing to obey the employer to adjust their jobs due to the needs of production and operation" or "the employer has the right to adjust the workers' jobs according to the needs of production and operation" are no longer written into the contract. The reason is that job adjustment is an act of changing the contract. According to the Labor Contract Law, changes need to be made in writing. Therefore, the agreement is suspected of depriving workers of the right to change the contract through consultation, and the clauses that the employer exempts itself from legal responsibility and excludes workers' rights are invalid.
Article 3 Working hours and rest and vacation
(1) Party B shall implement the following working hours system.
1. If the fixed-time working system is implemented, the average daily working hours shall not exceed 8 hours and the average weekly working hours shall not exceed 60 hours.
2. In case of irregular working hours, Party A and Party B shall arrange working hours and rest and vacation through consultation.
(2) Where Party A arranges Party B to extend working hours due to work needs, it shall also arrange Party B to take compensatory time off or pay overtime wages according to law.
(Note: The overtime pay standard should be clearly stated in the contract according to the relevant national regulations. )
(3) Party B shall enjoy the holidays stipulated by the state and the vacation system stipulated by the unit according to law.
Note: Working hours, rest and vacation are new necessary clauses in the Labor Contract Law.
Article 4 Labor protection and working conditions
(1) Party A shall provide Party B with necessary equipment according to the requirements of production posts and the relevant national regulations on labor safety and health.
Safety protection measures and distribution of necessary labor protection articles.
(2) Party A establishes a safety production system according to relevant national laws and regulations; Party B shall strictly abide by Party A's labor.
Safety system, no illegal operation, to prevent accidents in the process of labor, reduce occupational hazards.
(III) Party A shall establish and improve the responsibility system for occupational disease prevention, strengthen the management of occupational disease prevention and improve the level of occupational disease prevention and control.
Governance level.
Note: Labor protection, working conditions and protection against occupational hazards are the new necessary clauses in the Labor Contract Law.
Article 5 Labor remuneration
(1) The basic (fixed) salary standard of Party B during the probation period is RMB/month, and the salary of Party B during the probation period is RMB, and the performance salary is approved according to Party B's performance appraisal. ..
(II) After the probation period of Party B expires, Party A determines that Party B will implement the following salary forms according to the salary system of this unit:
1, hourly 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 approved according to Party B's performance appraisal. If Party A's salary system changes or Party B's post changes, it shall be determined according to the new salary standard.
2. Piece rate. Party A shall formulate scientific and reasonable labor quota standards, and piece-rate wages shall be implemented according 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 monthly salary in cash, and the payday shall be the day of each month. If Party B provides normal labor, the salary paid by Party A to Party B shall not be lower than the minimum wage standard stipulated by the local government.
Note: This contract shall indicate the basic (fixed) wage standard of the laborer, and the performance salary shall be determined through performance appraisal. "Party A specifies.
"Unit" solves the problem that the unit where the labor contract is located is separated from the wage payment unit, that is, the situation of "sending workers abroad".
"25th" is five days later than the normal time for paying wages, so as to avoid the situation of late paying wages sometimes within a reasonable time.
(IV) During the contract period, Party A will give Party B the opportunity of salary increase according to Party B's performance. (Note: The salary increase should be stated in the contract. )
Article 6 Social insurance and welfare
(1) Party A and Party B must participate in the statutory social insurance stipulated by the local government in accordance with the law, and pay the social insurance premium to the social insurance institution affiliated to the labor and social security department on time in accordance with the relevant provisions of the state, and the part that Party B should pay shall be withheld and remitted by Party A from Party B's salary.
(2) Party B has the right to medical and economic compensation according to law for work-related (death) and occupational diseases.
(3) During the term of the Labor Contract, Party B suffers from illness or non-work-related injury and enjoys the medical treatment period stipulated by the state according to law.
(IV) The welfare benefits of Party B shall be implemented according to the regulations of the state and Party A. ..
Article 7 Modification, rescission, termination and renewal of a labor contract
(1) In any of the following circumstances, Party A and Party B may modify this contract:
1. On the premise of not harming the interests of the state, the collective and others, both parties reached an agreement through consultation;
2. The objective conditions on which the labor contract was concluded have changed significantly and have been agreed with Party B through consultation;
3. The labor contract cannot be fully performed due to force majeure;
4. The laws and regulations on which the labor contract is based have been revised;
5. Other circumstances stipulated by laws and regulations.
(II) In any of the following circumstances, Party A may terminate this contract:
1. It is proved that it does not meet the employment conditions during the probation period;
Note: HR department should keep recruitment materials to keep evidence of employment conditions.
2. Serious violation of labor discipline and Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to the interests of 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. Causing Party A to conclude or change the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Being investigated for criminal responsibility according to law.
Note: Revised according to Article 39 of the Labor Contract Law. If an employee practices fraud, he may also terminate the labor contract according to Item 5 of Article 39.
(III) In any of the following circumstances, Party A may terminate this Contract, but it shall notify Party B in writing 30 days in advance:
1. Party B suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by Party A after the medical treatment 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 greatly, which makes the original labor contract unable to be performed, and Party A and Party B cannot reach an agreement on changing the labor contract through consultation;
(4) Under any of the following circumstances, Party B may terminate this contract:
1. Party A fails to pay reasonable remuneration to Party B on time and in quantity;
2. Party A fails to provide insurance benefits to Party B on time and in quantity;
3. Party A fails to provide Party B with reasonable posts and training opportunities;
4. Party A cannot provide better development opportunities for Party B;
Note: According to Article 40 of the Labor Contract Law, there is no change.
Eight. Other agreed terms
(1) If Party A invests in training Party B, both parties shall sign a training/education agreement separately. If the Labor Contract is terminated in advance due to Party B's reasons, Party B shall compensate Party A for the training expenses, and the specific compensation standard shall be subject to the training/education agreement.
(2) Before Party B signs the labor contract, Party A has the right to know the basic information directly related to Party B's labor contract, including but not limited to the employee's education, resume, qualification or employment certificate, and whether the previous labor relationship is dissolved or terminated. Laborers shall truthfully explain it and promise its authenticity in writing. If Party A is tricked into signing a labor contract by intentionally omitting or concealing the above basic information, if it is discovered by Party A or prosecuted by the original unit, it will be regarded as fraud by Party B, which will lead to serious misunderstanding of Party A, and Party A has the right to apply for the invalidity of this contract from the beginning according to law, and all losses caused to Party A shall be borne by Party B..
(3) If Party B fails to arrive at work according to the arrival date specified in Article 1 of this contract, this contract will automatically become invalid after the arrival date expires, unless Party A agrees ... All losses caused to Party A therefrom shall be borne by Party B.. ..
(4) The annexes 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 annex, the annex shall prevail.
(5) During the performance of this contract, Party A changes its name, legal representative or principal responsible person, investor and other matters, which will not affect the performance of this contract; In case of merger or division of Party A, this contract shall remain valid and shall be continued to be performed by the successor unit.
(6) During the contract period, all intellectual property rights, such as patents and copyrights, generated by Party B's job behavior or mainly using Party A's material and technical conditions belong to Party A, and Party B has no right to conduct commercial development.
(7) After both parties sign this contract, Party B shall not be employed by any other unit to engage in the same or similar business or competition conflict with Party A during the contract period.
(8) Party B shall keep confidential the business secrets of Party A and its affiliated companies obtained during the contract period, and shall not disclose them to any third party (including employees of Party A who have no need for work). Party B's breach of confidentiality obligations is regarded as a serious breach of this contract, and it is considered that there are sufficient reasons to dismiss it. These confidentiality obligations shall remain 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 shall be dealt with separately by signing an agreement.
X. Matters not covered in this contract shall be implemented according to laws and regulations; If there are no provisions in laws and regulations, it shall be settled by both parties through consultation; Both parties can modify this contract through consultation. If both parties fail to negotiate or a labor dispute occurs, they shall apply to a mediation institution for mediation, or apply for labor dispute arbitration or bring a lawsuit to a people's court according to law.
XI。 This contract is made in duplicate and shall come into effect as of the date of signature and seal by both parties; Both parties shall hold at least one copy. Party A shall establish a roster of employees for future reference according to regulations, and go through the filing formalities with the labor department.
Party A (seal) and Party B (signature)
Legal representative and person in charge
Or entrusted agent (signature)
Year, month, sun, moon, sun.