1. Does the clerk have to sign a labor contract?
The employee's labor contract must be signed.
Party A: (hereinafter referred to as Party A)
Party B: ID number: (hereinafter referred to as Party B)
In accordance with the Labor Law of People's Republic of China (PRC) and relevant regulations of the State and Guangdong Province, and following the principles of legality, fairness, equality, voluntariness, consensus, honesty and trustworthiness, this Agreement is concluded as a labor contract (ContractNo.:
) shall follow its * * * and be confirmed as the basis for resolving disputes between the two parties;
Agreement premise:
1. Party B is willing to become an employee of Party A and contribute his wisdom to the cause of Party A.. Being employed by Party A does not violate any agreement or legal obligation, and has full capacity for civil conduct, so this contract is concluded.
2. Party A has informed Party B of the work content, working conditions, working place, occupational hazards, production safety, labor remuneration, rules and regulations and other information required by Party B. ..
3. Party B knows about its work content, working conditions, working place, occupational hazards, production safety, labor remuneration, rules and regulations, employment conditions, post requirements and other related information.
4. Party B guarantees the authenticity and legality of the application-related materials and information provided to Party A, and guarantees to keep its license, certificate or qualification during the employment period.
Work content and work place:
Party A has the right to make appropriate adjustments to Party B's post and work place due to work needs, and Party B shall obey.
1. Party A may temporarily adjust Party B's post according to work needs (the term shall not exceed 3 months), and Party B shall obey, and both parties need not re-sign the labor contract.
2. If Party A determines that Party B is not qualified for the original post according to Party B's work performance, Party A may adjust Party B's post and Party B shall obey it; Otherwise, Party A may regard Party B as absenteeism according to the Labor Contract Law and Party A's rules and regulations until the Labor Contract is terminated. After adjusting the position, the salary will be adjusted according to the actual position.
working hours
If both parties agree to implement the hourly work system, and Party A requires Party B to work overtime according to the work needs, Party A will arrange for Party B to take compensatory time off or pay overtime according to the national regulations; If Party B works overtime by himself, according to Party A's management system and specific work arrangement, Party B has completed normal work tasks, and Party A will not work overtime.
Education and training:
Party A has the obligation to provide learning conditions for Party B, and is responsible for educating Party B on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations; Party B is obliged to participate in various trainings provided by Party A to improve its literacy and professional skills/Party B voluntarily participates in trainings provided by Party A, and trainings arranged outside normal working hours are not counted as overtime hours.
Rules and regulations:
1. Party B shall abide by the reasonable rules and regulations formulated by Party A (see employee handbook); Abide by professional ethics; Perform job responsibilities; Obey the work arrangement of Party A; Abide by work norms; Take care of property; Participate in the training organized by Party A to improve vocational skills.
2. Party B shall consciously abide by the labor laws and regulations and the company's rules and regulations, and obey the management of Party A. In case of violation, Party A has the right to punish Party B according to the company's rules and regulations (including fines, warnings, demerits, gross demerits, demotion and dismissal) until the labor contract is dissolved.
3. If Party B causes losses to Party A due to intentional or gross negligence, Party A has the right to claim compensation from Party B according to law.
4. Within three days after the termination or dissolution of the labor contract (including probation period), Party B shall handle the handover procedures in accordance with the principle of good faith, Party A's regulations and this contract.
5. If Party B fails to perform the handover obligations as agreed in this Agreement or stipulated by the company, or refuses to go through the handover procedures and leaves without saying goodbye, thus causing economic losses to Party A, Party B shall be liable for compensation, and Party A has the right to deduct it from Party B's salary and compensation. If the salary and compensation are not enough to make up for the loss, Party B still needs to compensate for the loss.
6. If Party B resigns normally, Party A shall handle the resignation formalities for Party B according to law, but in any of the following circumstances, Party A cannot handle the relevant formalities for Party B in time, and all responsibilities arising therefrom shall be borne by Party B:
(1) Fails to go through the resignation formalities as stipulated by Party A;
(2) Refusing to go through the formalities of resignation;
(3) Party A is unable to deliver relevant resignation materials to Party B due to lack of contact.
Terms of delivery:
1. Any documents submitted by Party A and Party B to the other party shall be signed by the other party; Otherwise, the sender shall send it to the address of Party A, the current address or household registration address of Party B specified in the first part of the labor contract in a way that can confirm receipt. Once the mail is sent, it is deemed to have been delivered.
2. If Party B is confirmed to have violated Party A's rules and regulations, it shall sign the penalty notice for confirmation; Those who refuse to admit their mistakes can be signed by the person in charge of the personnel department in conjunction with their superiors and colleagues, and the punishment still takes effect. The penalty notice will be published on the bulletin board of Party A, and Party B recognizes the legal binding force of the above methods.
The above content is the supplementary content of the labor contract, is an integral part of the labor contract, and has the same legal effect as the labor contract. In case of conflict with laws and regulations, or inconsistency due to changes in laws and regulations, the current effective laws and regulations shall prevail. It will take effect after being signed and sealed by both parties.
Party A: Party B:
Legal representative (or entrusted agent):
Year, month, sun, moon, sun.
Second, the supplementary agreement of the labor contract is invalid in some cases?
The labor contract is invalid under the following circumstances:
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 contents of the contract are illegal. That is, labor contracts violate laws, regulations and good customs, or harm the public interests of the state and society.
3. The meaning is not true. Such as labor contracts concluded by means of fraud or threats.
4. The contract format is illegal. Refers to the labor contract is not in written form.
In our daily life, many people may go to work in some small companies without signing labor contracts. This understanding is actually wrong, because without a labor contract, it is impossible to determine the existence of labor relations between the two sides, which is not conducive to the protection of workers' rights and interests.