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# Model Employment Contract (1)#
Party A (employing unit):
Party B (employee):
Party A and Party B sign this contract in accordance with the relevant laws and regulations of the state and this Municipality on the principle of voluntariness, equality and consensus through consultation.
Article 1 Term of Contract
1. The validity of this contract: from _ _ _ _ _ _ _
2. One month before the expiration of the employment contract, the employment contract can be renewed with the consent of both parties through consultation.
3. The term of signing the employment contract shall not exceed the retirement time stipulated by the state. Where the retirement age (time) can be extended (postponed) as otherwise stipulated by the state and this Municipality, Party B may renew the employment contract according to the specified conditions when reaching the statutory retirement age.
4. After the expiration of this contract, if either party thinks that the employment contract will not be renewed, it shall notify the other party in writing one month before the expiration of this contract.
Article 2 Work
1. Party A shall sign a post employment contract with Party B according to the needs of work tasks and Party B's post intention, and define Party B's specific post and responsibilities.
2. Party A may adjust Party B's post according to the work needs and Party B's business, work ability and performance, and re-sign the post employment contract.
Article 3 Working conditions and labor protection
1. Party A works 40 hours a week and 8 hours a day.
2. Party A shall provide Party B with a safe and hygienic working environment in line with national regulations, and ensure Party B's personal safety and work in an environment that does not endanger personal safety.
3. Party A shall provide Party B with necessary labor protection articles according to the actual situation of Party B's post and relevant national regulations.
4. Party A can organize Party B to participate in necessary business knowledge training according to the needs of work.
Article 4 Remuneration for Work
1. According to the relevant regulations of the state, municipal government and units, Party A pays Party B the salary of RMB yuan per month.
2. Party A adjusts Party B's salary according to the relevant regulations of the state, municipal government and units.
3. Party B enjoys the stipulated welfare benefits.
4. Party B shall enjoy statutory holidays, winter and summer vacations, family leave, marriage leave, _ _ _ _ and other holidays stipulated by the state.
5. Party A shall pay endowment insurance, unemployment insurance and other social insurance for Party B on time.
Article 5 Work discipline and rewards and punishments
1. Party B shall abide by national laws and regulations.
2. Party B shall abide by Party A's rules and regulations and labor discipline, and consciously obey Party A's management and education. ..
3. Party A will reward Party B according to the relevant regulations of the municipal government and units and Party B's work performance and contribution. ..
4. If Party B violates Party A's rules and regulations and labor discipline, Party A will punish it according to the relevant regulations of the municipal government and the unit.
Article 6 Modification, termination and rescission of a labor contract
1. After the employment contract is signed according to law, both parties to the contract must fully perform their obligations stipulated in the contract, and neither party may change the contract without authorization. If it is really necessary to change the contract, both parties shall reach an agreement through consultation and change the contract according to the original signing procedure. If both parties can't reach an agreement, the original contract is still valid.
2. When the employment contract expires or the termination conditions agreed by both parties appear, the employment contract will be automatically terminated. One month before the expiration of the employment contract, the employment contract may be renewed with the consent of both parties through consultation.
3. When Party A cancels, the employment contract will be automatically terminated.
4. The labor contract can be dissolved after the parties to the labor contract reach an agreement through consultation.
5. If Party B has any of the following circumstances, Party A may terminate the employment contract.
(1) is proved not to meet the employment conditions during the probation period;
(two) a serious violation of work discipline or the rules and regulations of the employer;
(3) Deliberately failing to complete the task, causing serious losses to the company;
(4) Serious dereliction of duty and graft, which causes great damage to the interests of Party A;
(5) Being investigated for criminal responsibility according to law.
6. Under any of the following circumstances, Party A may terminate the labor contract, but it shall notify the employee in writing 30 days in advance.
(1) Party B suffers from illness or non-work-related injury, and after the medical treatment expires, he is unable to take up his original job or unwilling to take up another job arranged by Party A. ..
(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, so that the signed labor contract can not be performed, and the parties can not reach an agreement on changing the labor contract through consultation;
(4) Party B fails to perform the labor contract.
7. Under any of the following circumstances, Party A shall not terminate or dissolve the Labor Contract.
(1) Party B is sick or injured within the prescribed medical treatment period (except as stipulated in Paragraph 5 of Article 3 of these Implementation Opinions);
(two) female employees during pregnancy, childbirth and lactation (except those who meet the provisions of the fifth paragraph of Article 3 of the Implementation Opinions);
(3) Other circumstances stipulated by laws and regulations.
8. In any of the following circumstances, Party B may notify the employing unit to terminate the employment contract.
(1) is in probation;
(2) Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
9. Party B shall notify Party A in writing 30 days in advance if it wants to terminate the labor contract.
Article 7 Economic compensation for violation and rescission of labor contracts
1. The parties to the labor contract reach an agreement through consultation that if Party A terminates the labor contract (excluding the probation period), Party A shall pay the economic compensation equivalent to one month's salary for each year, with a maximum of twelve months.
2. If Party B is incompetent for the job and Party A cancels the employment contract after training or post adjustment, Party A shall pay Party B the economic compensation equivalent to one month's salary for each full year of working in this unit, with the longest period not exceeding 12 months.
3. Significant changes have taken place in the objective circumstances on which the labor contract was concluded, which makes the signed labor contract unable to be performed, and the parties concerned cannot reach an agreement on changing the labor contract through consultation. Where Party A terminates the labor contract, it shall pay the economic compensation of one month's salary according to the employee's working years and working hours in this unit.
4. If Party A's unit is revoked, Party A shall pay economic compensation according to the working years of Party B in this unit before being revoked. Pay economic compensation equivalent to one month's salary for every full year of working hours. (The calculated salary of economic compensation is the average salary of Party B in the previous year when the Labor Contract is dissolved).
5. During the performance of the labor contract, if Party B requests to terminate the labor contract, it shall pay liquidated damages to Party A as the basic salary of the month according to the time limit stipulated in the labor contract.
6. If Party B notifies Party A to terminate the employment contract because "the employing unit fails to pay the labor remuneration as agreed in the employment contract", Party A shall pay the unpaid labor remuneration at the same time as the settlement and termination of the employment contract as agreed in this contract.
Article 8 Other matters
1. In case of personnel disputes arising from the performance of the employment contract, Party A and Party B shall first apply for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
2. This contract is made in triplicate, two for Party A and one for Party B, and shall come into effect after being signed by both parties.
3. In case of any conflict between the terms of this contract and the national laws and regulations, the national laws and regulations shall prevail.
Party A (seal) and Party B (signature)
Representative (signature)
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
# Model Employment Contract (Chapter 2) #
Party A:
Party B:
Party C:
On the premise of observing national laws and regulations, in order to protect their legitimate rights and interests from infringement, each party voluntarily signs and consciously abides by this contract:
First, the service content
Party B takes care of Party A's life, buys food, cooks three meals a day (morning, noon and evening), washes quilts, cleans and does housework.
Two. Rights and responsibilities of Party C
Provide domestic helpers for Party A, establish a distribution base for domestic helpers and keep regular contact to ensure that domestic helpers have clear sources, clear identities, complete procedures and good health. Charge Party A a one-time use fee and handling fee of * * 400 yuan only (* * domestic workers can be hired for Party A for three times within half a month without charge).
Three. Rights and responsibilities of Party A
1. Pay the probation salary of RMB Yuan only to the domestic helper every month. The probation period is one month (if you are not satisfied with Party B's work within one month, you can request to terminate the contract and only pay the probation salary of RMB Yuan only to Party B), and it can be increased to RMB Yuan per month after the probation period. Domestic workers have two days off every month (including national holidays). Do not default or deduct the wages of domestic helpers.
2. Provide free normal meals to domestic helpers. And treat people equally, without discrimination or abuse, to ensure the personal and property safety of domestic servants during their service. Have the obligation to guide the domestic service work of domestic servants. If you are not satisfied with the service of the domestic helper, you can fire the waiter and terminate this contract at any time. You must inform Party B one month in advance and pay the monthly salary.
3. Party B has the right to request and arrange the domestic helper to have a physical examination. If the medical examination fails, the expenses shall be borne by the domestic servant, otherwise Party A shall bear it.
4. Have the right to refuse domestic workers to bring fellow villagers, relatives and friends into their homes. Have the right to refuse domestic helpers to use long-distance telephone at home.
5. Party A's household ornaments, jewelry, cash and other valuables shall be properly kept by itself. For the economic losses caused by the work mistakes of the domestic servants, they have the right to ask the domestic servants for compensation.
6. If the domestic helper is found to be incompetent for domestic service due to illness, he can immediately terminate the contract and pay the domestic helper the salary according to the actual working days (60 yuan per day). Domestic servants should pay attention to their own safety at work. In the event of a safety accident, Party A and Party B shall bear their respective responsibilities according to the accident liability.
Four. Rights and responsibilities of Party B
1. Party B shall respect and safeguard the legal rights of Party A and Party C, consciously perform the domestic service items specified in this contract and sincerely serve.
2. Party B has the right to receive labor wages on time and monthly, and take two days off every month (including holidays). If it is necessary to work overtime, it has the right to negotiate with Party A to increase the salary.
3. Have the right to refuse all unreasonable demands of Party A, and have the right to protect their personal and property rights from infringement.
4. Do a good job in domestic service with peace of mind; In case of special circumstances (family illness, family emergencies, etc.). ), if you need to go home for treatment, you should first get the consent of Party A, and you should not leave your post without authorization, and agree to pay your salary according to the actual working days of the month.
5. Party B shall respect the client of the employing unit, and shall not participate in the family affairs and neighborhood disputes of Party A, respect the living habits of Party A's family, and shall not abuse the client. Don't bring relatives, friends and others into Party A's home without authorization, and don't rummage through Party A's belongings.
6. Party B shall not maliciously communicate with other domestic service personnel, which will damage the legitimate rights and interests of both parties.
7. If Party B terminates the contract in advance, it shall notify Party A one month in advance, and the salary of that month shall be paid according to the actual working days. This agreement is made in triplicate, one for each party, with the same legal effect.
Party A:
Party B:
Party C:
20__ _ _ _ _ _ _ _
# Model Employment Contract (Chapter 3) #
Party A (employer) and Party B (employee)
Name. Name.
Sex of residence
Identity card (passport) of the legal representative
(primary) number
Household registration address of the contact person
Current address
Contact telephone number
Party A and Party B sign this contract through negotiation.
1. Party A and Party B agree to determine the contract term as follows.
1. There is a fixed term: from the day of the month to the day of the month.
2. No fixed term: year, month and day.
3. Time limit is to complete a certain task: from a certain day of the month to the time when the task is completed.
4. The probation period is
Two. Work content and place of Party B.
Three. Party B is entitled to statutory holidays, annual leave, marriage leave, maternity leave, funeral leave and other holidays according to law. Party A and Party B agree to determine Party B's working hours as follows.
1, standard working hours system, namely daily working hours and weekly working hours.
2, approved by the human resources security (labor) department, the implementation of flexible working hours.
3, approved by the human resources security (labor) department, the implementation of comprehensive calculation of working hours.
Four. Party A shall pay the salary on the day of each month. After consultation with Party B, Party A agrees to pay Party B the salary as follows.
1, and the monthly salary of Party B during normal working hours is RMB; The monthly salary for normal working hours during the probation period is RMB.
Both parties agree to determine Party B's salary.
Verb (abbreviation of verb) Party A and Party B shall pay social insurance premium and housing accumulation fund according to relevant regulations.
6. Party A shall, according to the relevant provisions on labor protection, provide workplaces and necessary labor protection articles that meet the national safety and health standards to protect the safety and health of Party B. Party B's operation may cause occupational hazards.
Seven. Other matters that both parties think need to be agreed:
Eight. Matters not covered in this contract shall be implemented in accordance with existing laws and regulations. This contract is made in duplicate, one for each party.
Party A: (Seal) Party B: (Signature)
Legal representative (principal responsible person)
Year after year, month after month, year after year.
Model of simple labor contract for catering industry
Name of Party A (Employer):
Legal representative (principal responsible person) or entrusted agent:
Registered address:
Contact telephone number:
Name of Party B (laborer):
Resident identity card number:
Location of registered permanent residence: villages and towns of provinces (cities) and districts (counties)
Postal code:
Current address:
Contact telephone number:
# Model Employment Contract (Chapter 4) #
Employer: _ _ _ _ _ _ _ Law Firm
Employee: _ _ _ _ _ _
Gender: _ _ _ _ _ _
Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _
Address: _ _ _ _ _ _
Rule number one Contract basis:
_________。 (Note: This contract is formulated in accordance with the Measures for the Administration of Employment Contracts of _ _ _ _ Law Firms, the Standard Form and Necessary Clauses of Employment Contracts and the Articles of Association of this Firm. )
Rule number two Employees apply to their employers for the following jobs:
_________。 (Note: The content is limited to full-time lawyers, part-time lawyers, invited lawyers, trainee lawyers, paralegals and administrative assistants. )
Rule three. The employer agrees to the employee's application and is responsible for handling the lawyer's practice certificate, paralegal work permit and trainee lawyer's certificate for the employee. If the employee fails to provide relevant personal information truthfully or conceal the facts, so that the employee cannot apply for the employment permit of the relevant government departments for the employee, this contract will be terminated. The Employer reserves the right to investigate the legal liabilities arising therefrom. (Note: If the work that the employee wants to do cannot be approved by the relevant government departments due to changes in laws or policies, this contract will be terminated. However, if the employee applies for the job of administrative assistant, and the employee voluntarily continues to work for the employer without an administrative assistant work permit issued by the relevant government department, the contract is still valid. )
Article 4? The validity period of this contract is _ _ _ _ _ _ _ _ _ _. The probation period is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The probation period is included in the contract term. (Note: The contract term shall not be less than 1 year. You don't have to agree to the probation period. However, if the probation period is agreed, the longest period shall not exceed 6 months).
Article 5? Employee's job content:
_________。 (Note: The specific content is determined by the law firm. )
Article 6? The remuneration paid and calculated by employees during their work in the Company is as follows:
_________。 (Note: The method of payment and calculation must be stated. Such as receiving a fixed salary on a monthly or annual basis; Collect remuneration according to a certain proportion of business income or other calculation methods; Fixed salary plus commission; Fixed salary plus bonus; Waiting for the New Year's Eve dinner, telephone charges, etc. Decided by the law firm).
Article 7? Law firms set up the following insurance or social pooling insurance funds for employees:
_________。 (Note: Except medical insurance and endowment insurance, other types of insurance are determined by law firms. Among them, part-time lawyers and invited lawyers may not set up insurance clauses. Considering the time limit for applying for various certificates, a law firm may stipulate the validity period of insurance clauses. )
Article 8? Measures for handling insurance when the staff of law firms are transferred:
_________。 (Note: At the discretion of the law firm. )
Article 9? Work discipline that employees should abide by:
_________。 (Note: At the discretion of the law firm. )
Article 10? Benefits enjoyed by employees beyond the remuneration stipulated in the contract:
_________。 (Note: At the discretion of the law firm. )
Article 11? Termination clause of the contract:
_________。 (Note: Articles 10, 11, 12 and 13 of the Measures for the Administration of Employment Contracts of City Law Firms. Law firms can supplement other contents. )
Article 12? Compensation methods for economic losses caused by employees of law firms;
_________。 (Note: It shall be decided by the law firm, but it shall comply with the provisions of the Lawyers Law. )
Article 13 This contract shall come into effect as of.
Employer (seal): _ _ _ _ employee of law firm (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Signing place: _ _ _ _ _ _
# Model Employment Contract (Chapter 5) #
Party A (legal representative): Tel: ID number:
Address:
Party B: Gender, age, place of origin, telephone number, ID number and address:
According to the Labor Law of People's Republic of China (PRC) and relevant laws, Party A and Party B have reached the following agreement on the principle of voluntariness, mutual benefit and consensus:
I. Contract Terms and Work
1. This contract is applicable to catering, and the monthly commission period is years.
2. Party B's post
Second, working hours and rest time.
In view of the particularity of catering work, this contract implements a comprehensive timing system, that is, both parties agree that the daily working time is hours (including two meals), and Party B has one day off every month.
Third, wages and benefits.
Salary of Party B: RMB only (￥) per month. Wages are paid monthly.
Fourth, the payment of wages.
1. The day of each month is the payday of Party A, and Party A shall pay it to Party B in cash on a monthly basis, without default, otherwise, Party B has the right to request Party A to pay economic compensation according to relevant state regulations.
2. If Party B correctly performs this contract, abides by Party A's rules and regulations, and there is no breach of contract, the salary will be paid according to the contract.
3. Party B has the right to take a vacation according to relevant national regulations. According to the specific situation, the hotel has the following regulations on holiday leave: Labor Day leave, National Day leave and Spring Festival leave. If Party B works normally during the vacation, his salary will be doubled. If Party B moves these holidays to another time, the salary during the holidays will be paid according to the usual salary standard.
Verb (abbreviation of verb) labor protection and working conditions
Party A must provide Party B with labor safety, sanitary conditions and necessary labor protection articles that meet the national regulations.
Intransitive verb social insurance and welfare
1. Upon mutual consent, Party B shall purchase social insurance by itself.
3. Party B may ask Party A to withdraw the salary deposit.
Seven, labor discipline
During the contract period, Party B shall:
1. Abide by all rules and regulations formulated by Party A according to law;
2, strictly abide by the safety operation procedures, to ensure safety in production;
3. Complete the tasks specified by Party A on time and with good quality;
4. Take care of Party A's property and keep Party A's business secrets;
5. Abide by the national and local policies on _ _ _ _ _ _;
Eight. Alteration, dissolution, re-conclusion and termination of the contract
(1) This contract can be changed according to law with the consent of both parties.
(II) In any of the following circumstances, Party A may terminate the labor contract at any time without paying economic compensation to Party B.
1. Party A finds that Party B is incompetent;
2. Party B seriously violates Party A's labor discipline or rules and regulations;
3. Party B seriously neglects his duty and engages in malpractices for personal gain, thus causing heavy losses to Party A;
4. Party B is investigated for criminal responsibility according to law;
5. Other circumstances stipulated by laws and regulations.
(3) Under any of the following circumstances, Party A may terminate the Labor Contract, but it shall notify Party B in writing 30 days in advance.
1. Party A is often on the verge of bankruptcy or has serious difficulties due to poor production and operation, and needs to lay off employees;
2. 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.
3. The objective conditions on which this 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.
(IV) In any of the following circumstances, Party B may notify Party A to terminate the Labor Contract at any time:
1. Party A fails to pay labor remuneration or provide 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. Other circumstances stipulated by laws and regulations.
(5) In any of the following circumstances, the labor contract shall be dissolved by itself:
1. Party A is declared bankrupt according to law;
2. Party A is dissolved or revoked according to law;
3. Party B's entity does not exist;
(VI) Except for the circumstances specified in Paragraph (5) of Article 8 of this Contract, Party B shall notify Party A in writing 30 days in advance of the termination of the Labor Contract.
(7) Re-conclude the contract. If necessary, when both parties agree to re-sign the contract, they can re-sign the contract through consultation.
(eight) the termination of the contract, the contract expires or the termination conditions agreed by both parties appear, and the contract is automatically terminated.
Nine. Privacy Policy
1. Party B shall immediately abide by the relevant laws and regulations of this contract and fulfill its obligation to keep business secrets from Party A.. The trade secrets mentioned in this contract refer to technical and commercial information that is not known to the public and can bring economic benefits to Party A, including management know-how, customer list, production and marketing strategies, etc. ;
2. If Party B violates this Contract or Party A's confidentiality requirements and discloses, uses or allows others to use Party A's business secrets, it will constitute Party A's breach of contract, and Party A has the right to take legal action to investigate Party B's liability for breach of contract and claim economic losses until Party B's behavioral responsibility is investigated.
X. liability for breach of contract
(I) Legal liability of Party A for breach of contract
If Party A fails to pay wages to Party B as agreed in the contract, Party B may hold Party A responsible.
(II) Legal liabilities for Party B's breach of contract
Where Party B violates the provisions of this Contract and terminates the Labor Contract in advance without reason, it shall compensate Party A for the following losses:
2. Direct economic losses caused to production, operation and work;
3. Other compensation expenses agreed in the labor contract;
4. Violation of confidentiality provisions shall be implemented according to the confidentiality contract signed by both parties;
5. In case of violation of the prohibition clause, the prohibition clause signed by both parties shall prevail;
XI。 settlement of dispute
Any labor dispute between Party A and Party B shall be settled through negotiation. If negotiation fails, either party may apply to the competent department for handling. 12. This contract is made in duplicate, which shall come into effect as of the date of signature or seal by both parties, and each party holds one copy, with the same legal effect. Signature of Party A: Signature of Party A:
Signature of representative:
Time and date: time and date:
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