Model Labor Contract for Construction Workers 1 Name of Party A (unit): _ _ _ _ _ _ _
Nature of ownership: _ _ _ _ _ _
Address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Name of Party B (worker): _ _ _ _ _ _ _
Gender: _ _ _ _ _ _
Age: _ _ _ _ _ _
Nationality: _ _ _ _ _ _
Education: _ _ _ _ _ _
Native place: _ _ _ _ _ _ _ Province _ _ _ _ _ _ _ _
Current address: _ _ _ _ _ _
Belong to: _ _ _ _ _ _ (agricultural population/non-agricultural population)
Resident ID number: _ _ _ _ _ _
Work permit number: _ _ _ _ _ _
Due to the need of production (work), with the approval of the labor department and the introduction of the labor market, Party A agrees to hire Party B as a temporary worker. According to the relevant regulations of the state and the relevant policies of the people's government of _ _ _ _ _ _ _, Party A voluntarily signs this contract through consultation and agrees to abide by the following terms:
I. Term of the Contract
From _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Upon the expiration of the contract, the contract will be automatically terminated. If Party A needs to continue to employ, with the consent of Party B, both parties can renew the contract and go through the verification procedures.
Second, the production (work) task
Party A arranges Party B to engage in temporary production (work) in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. If Party B agrees, it must obey. During the contract period, if Party A needs to change Party B's post and task due to the adjustment of production (work) tasks, it shall be approved by Party B. If Party B does not agree, it may resign, and both parties may go through the formalities of dissolving the contract.
Third, working hours and remuneration.
(1) Working hours: Party A implements the _ _ _ _ _ _ working system and strictly controls overtime hours. If it is really necessary to work overtime due to production (work), the overtime time shall be controlled within _ _ _ _ _ _ _ _ _ _ _ _ _.
(II) Labor remuneration: according to the relevant regulations of the state and the actual situation of the unit, Party A and Party B agree to set it as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Bonuses are paid regularly according to unit benefits and labor contributions. If the piecework wage system is implemented, the monthly salary shall be settled according to the piecework unit price. Specific measures are agreed in the agreement column of this contract. Engaged in night work, should be sent to the night meal _ _ _ _ _ _ _ yuan.
(III) During the contract period, in case of work stoppage, Party A shall pay Party B the basic living expenses of _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Four. Labor protection and insurance benefits
(a) temporary workers recruited from cities and towns, the implementation of social endowment insurance system. The insurance payment method is the same as that of the unit labor contract workers. To pay the endowment insurance premium, Party A shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The amount paid by Party B shall be paid by Party A first, and then deducted from its monthly salary. If Party B meets the recruitment requirements and the unit has indicators, it can be recruited as a labor contract worker, and the old-age insurance paid can be transferred with it, and the payment period can be calculated together.
(2) During the medical treatment period, Party B's treatment for work-related deaths and work-related injuries is the same as that of contract workers. At the end of medical treatment for work-related injuries, the degree of disability shall be determined by the labor appraisal committee. Those who completely lose their ability to work shall be treated equally with contract workers, and those who partially lose their ability to work shall be arranged by the enterprise. Upon the expiration of the contract, Party A shall handle it according to the specific measures determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(3) The longest medical treatment period for Party B's illness or non-work-related injury shall not exceed _ _ _ _ _ months. During the medical treatment period, the treatment is the same as that of contract workers, and during the sick leave period, Party A shall pay the living allowance as appropriate. If Party B has worked for Party A for more than half a year and terminates the labor contract after the medical treatment expires, the enterprise will give a one-time medical subsidy of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(4) If Party B has worked for Party A for more than one year and re-signed the contract, Party A shall arrange for Party B to visit relatives according to national regulations. The holiday for each full year is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The above holidays are paid holidays, and those that exceed the specified date will be treated as personal leave after approval.
(5) According to the post requirements and referring to the relevant national regulations, Party A shall send Party B to engage in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(6) During the contract period, Party A shall pay Party B the non-staple food subsidy _ _ _ _ _ _ _ _. During the heating period in winter, the heating fee of _ _ _ _ _ _ _ _ yuan shall be paid monthly according to regulations.
Verb (abbreviation for verb) labor discipline
(a) to work on time, not late and leave early.
(two) strictly abide by the operating rules to ensure production.
(three) take good care of the property of the unit and do not damage the public property without cause.
(four) to work (production) time, not to do private affairs or do things unrelated to production work.
(five) obey the command, obey the transfer.
(six) to complete the task with good quality and quantity, and shall not be opportunistic.
(seven) something timely report, shall not be arbitrarily advocated.
Alteration, termination, dissolution and resignation of an intransitive verb labor contract
(1) With the consent of Party B, Party A may change the relevant contents of this contract due to changes in production, adjustments in production items or changes in circumstances.
(2) Upon the expiration of the contract, the execution of the contract shall be terminated and the contract termination formalities shall be handled. If production (work) requires, Party A shall continue to employ Party B, and both parties shall sign a new contract with the consent of Party B and the approval of the labor department.
(3) The labor contract may be dissolved under any of the following circumstances:
(1) agreed by both parties;
(2) Conforming to the provisions of Item 5 of Article 6 and Item 6 of Article 6 of this Contract;
(3) Party B's training (proficiency) expires, and he does not meet the employment conditions or is unwilling to work;
(4) Party B is not injured at work and cannot return to work after treatment.
(4) In any of the following circumstances, this contract is automatically dissolved:
(1) During the period when Party A declares bankruptcy or is on the verge of bankruptcy for legal rectification;
(2) Party B is dismissed, reeducated through labor or sentenced to imprisonment.
(5) During the contract period, Party A may dismiss Party B under any of the following circumstances:
(1) seriously violates labor discipline and affects production and work order;
(2) Violation of operating procedures, damage to equipment and tools, waste of raw materials and energy, resulting in economic losses;
(three) bad service attitude, which harms the interests of consumers;
(four) there are illegal acts such as corruption, theft, gambling and graft, which have not yet constituted criminal responsibility;
(five) unreasonable, fighting, seriously affecting social order or other serious mistakes.
(VI) Party B may resign under any of the following circumstances:
(1) Confirmed by the relevant state departments, the labor safety and hygiene conditions are poor, and there are no effective labor protection measures, which seriously damages the health of workers;
(2) Party A fails to pay wages as stipulated in the contract or fails to pay wages for two consecutive months;
(3) Being insulted by the person in charge of Party A;
(4) Party A fails to perform the labor contract, or violates national labor laws and policies and infringes upon the legitimate rights and interests of workers;
(five) approved by the state to enlist in the army.
(VII) Under any of the following circumstances, Party A shall not terminate this contract:
(1) The term of the contract is not full, which does not meet one of the circumstances in Paragraph 3 of Article 6;
(two) suffering from occupational diseases and work-related injuries, which can not be cured during the treatment period, and completely or mostly lose the ability to work;
(3) during pregnancy, childbirth and lactation.
(8) Where Party A or Party B requests to terminate the labor contract, it must notify the other party half a month in advance, except for the circumstances listed in Item (4) of Article 6. And go through the relevant formalities.
Seven. responsibility for breach of contract
If Party A violates the relevant provisions of this Contract or dismisses Party B without justifiable reasons, it shall compensate Party B according to the actual losses, and the specific amount shall be negotiated by both parties.
If Party B violates the relevant provisions of this contract and causes economic losses to Party A, Party A may demand compensation from Party B according to the actual losses. The specific amount shall be determined by both parties through consultation. If Party B resigns without Party A's consent, it shall compensate Party A for _ _ _ _ _ _ _ _, otherwise Party A will not go through the resignation formalities.
Eight. Other matters that both parties think need to be agreed.
(1) Party A provides housing for Party B, and Party B shall bear the rent, water and electricity. If the rent is charged according to the standard of commercial housing, Party A shall give Party B a monthly housing subsidy of _ _ _ _ _ _ _ _ _ _ _ _; If Party B solves the housing problem by itself, Party A will give Party B a monthly housing subsidy of RMB _ _ _ _ _ _.
(2) If Party A manages its own canteen, it shall be charged according to the cost of meals. If you don't run the canteen or eat out, the required management fee will be paid by Party A. Party A will pay Party B a monthly food subsidy of RMB _ _ _ _ _ _.
(3) According to the national regulations, Party A gives Party B various subsidies of * * * _ _ _ _ yuan every month.
(4) For piecework wage system, the monthly wage settlement method is _ _ _ _ _ _ _.
(5) Other matters that need to be agreed upon: _ _ _ _ _ _ _.
If either party violates the labor contract and causes economic losses to the other party, the other party has the right to investigate the liquidated damages of _ _ _ _ _ _ _ _.
Nine. Handling of labor disputes
Any dispute arising from the performance of this contract shall be settled by both parties through negotiation based on the principle of mutual understanding and mutual accommodation, or by applying to the enterprise labor dispute mediation committee for mediation (disputes arising from dismissal, dismissal of employees who violate discipline, voluntary resignation, etc., can be directly applied for arbitration or brought to court). If mediation fails, Party A and Party B agree to choose: _ _ _ _ _ _ _ _.
(1) Apply to the _ _ _ _ _ _ Labor Arbitration Commission for arbitration in accordance with the relevant provisions on the handling of labor disputes in enterprises.
(two) to the local people's court.
X this contract shall not be modified or changed by either party without authorization from the date of signature by both parties. Matters not covered in this contract shall be supplemented by both parties through consultation, and shall have the same effect as this contract after verification. In case of any conflict between the terms and laws, regulations and policies, the existing laws, regulations and policies of the state shall prevail.
XI。 This contract shall come into effect as of the date of examination and approval by the labor department, and it was signed on _ _ _ _ _ _ _ _ _ _ _ _.
Party A (seal): _ _ _ _ Party B (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Model Labor Contract for Construction Workers 2 Employer (Party A)
Contractor (Party B)
Now that Party B is contracting the renovation project contracted by Party A, according to the provisions of relevant laws and regulations and the specific conditions of this project, Party A and Party B, on the basis of equality and voluntariness, have reached the following terms through consultation for common compliance.
I. Overview of the Project:
1, project name:
2. Project location:
3. Contract content: workload list.
4. Contract scope: plumber, carpenter, painter and bricklayer.
5. Contracting method: The contractor and Party B provide power tools and spare parts.
6. Quality requirements: Code for Quality Acceptance of Building Decoration Engineering and Standard for Acceptance of Residential Decoration Engineering.
7. Duration requirements: MM DD YY to MM DD YY.
Two. Work of Party A:
1. Party A is appointed as the site representative, responsible for matters related to this contract, fully responsible for site management, and supervising and inspecting the project quality, progress, materials, safety and civilization of Party B..
2. Be responsible for providing temporary water and electricity to Party B. ..
Three. Work of Party B:
1. Party B is the on-site resident representative, who is responsible for performing due duties within the scope of the contract, organizing the construction according to Party A's requirements, completing the construction tasks on time with good quality and quantity, and obeying the supervision and management of Party A's on-site representative.
2. Cross-cooperate with related jobs within the scope of the contract, and Party B is responsible for the protection of finished products before the completion acceptance.
3. Without the consent of Party A, the original building structure or equipment pipeline shall not be dismantled or changed without authorization.
Four. Quality agreement:
1. Party B shall carry out the construction in strict accordance with Party A's requirements, construction drawings, practices and design changes, and the project quality shall meet the requirements of the construction contract. Relevant quality acceptance specifications shall be used as the quality evaluation and acceptance standard of this project.
2. In case of unqualified quality or unqualified acceptance due to Party B's responsibility, the cost of rework shall be borne by Party B, and the construction period shall not be postponed.
3. If the unqualified materials supplied by Party A affect the quality of the project, the cost of rework shall be borne by Party A, and the construction period shall be postponed.
4. The warranty period of this project is one year, and the quality warranty period starts from the date when the project is completed and accepted. In case of quality problems during the warranty period, Party B shall perform the warranty responsibility for free.
V. About the construction period:
1. If the construction period is affected by Party A's failure to pay the project progress payment to Party B as agreed, the construction period will be postponed.
2. If the construction period is affected by unreasonable stoppage or slowdown due to Party B's responsibility, the construction period will not be postponed.
3. If the construction period is affected by force majeure factors such as the owner, the construction period will be postponed.
Intransitive verb price and settlement agreement:
1. Both parties agree on the contract price of this project (RMB).
2. The contract price includes labor costs, machinery costs, import and export costs, garbage removal costs, material freight, etc.
3. Payment method: A. Within 8 days after the commencement of construction, Party A shall pay 30% of the upfront entrance fee to Party B. B. After the hidden acceptance of the hydropower project, Party A shall pay 30% yuan; C, bricklayer, wood foundation acceptance, painter comes into play, Party A pays 15% yuan. D. After the completion acceptance, Party A shall pay 20% of the money. The balance of 5% will be settled after the one-year warranty expires.
Seven. Material agreement:
1. Party A is responsible for contacting the owner, providing the information needed by Party B in time, and being present on time. After acceptance and warehousing by Party B, Party B shall be responsible for keeping it. If the damage is caused by Party B's improper storage, Party B shall compensate the price.
2. When Party B uses materials (including temporary electricity consumption) within the budget quota, the material loss shall be calculated according to the quota, and the unreasonable material consumption exceeding the cost shall be borne by Party B and deducted from the contract price accordingly.
3. Party B shall not misappropriate all the mobilization materials provided by the owner.
Eight. Safety production agreement:
1. Party A and Party B shall separately sign a safety agreement as an annex to this contract, which has the same legal effect as this contract.
2. Party B shall strictly abide by the rules and regulations of Party A and the property management department, as well as the requirements of civilized construction site and safe production.
3. Party B shall strictly abide by the terms in the safety agreement, and it is forbidden to violate the law and discipline at the construction site.
Nine. Agreement on liability for breach of contract:
1. Party B shall complete this construction task by itself, and it is strictly forbidden for Party B to subcontract this project or subcontract it again.
2. If the construction period is delayed or the completion is delayed due to Party B's responsibility, Party B shall pay liquidated damages to Party A for each day of delay.
3. Party B must buy personal insurance for the workers entering the construction site. In case of personal injury or property loss caused by production safety accidents in the construction process, Party B shall be liable for economic compensation.
4. If Party B's breach of contract causes economic losses to Party A, Party B shall be responsible for economic compensation, and Party A has the right to unilaterally terminate this contract. This contract is made in duplicate, with each party holding one copy. It shall come into effect from the date of signing and terminate when the performance is completed. Matters not covered in this contract shall be settled by both parties through friendly negotiation.
Party A (signature) and Party B (signature)
date month year
Model labor contract for construction workers III Name of employer (hereinafter referred to as Party A):
Legal representative:
Telephone number:
Name of construction personnel (hereinafter referred to as Party B):
Resident identity card number:
Telephone number:
According to the Labor Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Provisions on the Administration of Labor Contracts and other relevant laws and regulations, Party A and Party B voluntarily sign this contract through equal consultation, and jointly abide by the terms listed in this contract.
I. Basic information
Physical condition of Party B: Does Party B suffer from the following diseases (please tick "√" in □): □ Hypertension □ Heart disease □ Epilepsy □ Anemia □ Dementia □ Other infectious diseases; Other diseases other than the above _ _ _ _ _.
Second, the term of the labor contract
(1) Both parties agree to determine the term of this contract according to the following option:
1. This contract is a one-year labor contract. This contract will take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The time limit is to complete a certain task: from _ _ _ _ _ _ _ _ _
(II) Both parties agree that the first _ _ _ months of the validity of this contract is the probation period.
Three, jobs and working hours system
(1) Party B agrees to work in _ _ _ _ _ _ _ _ _
(II) The negotiation between Party A and Party B shall be implemented in accordance with the following working hour system.
1. Where the standard working hour system is implemented, Party B shall work 8 hours a day and 40 hours a week.
2. Where the comprehensive working hours system is implemented, the average working hours of Party B shall not exceed 8 hours per day and 40 hours per week.
3. Where the flexible working hours system is implemented, Party B shall arrange the working and rest time by itself under the condition of ensuring the completion of Party A's work tasks.
Fourth, labor remuneration.
The service fee is _ _ _ _ _ _ _ _ Yuan only (? _ _ _ _ _ _ Yuan)/month; On the _ _ _ _ _ day of each month, we will pay cash.
Risk warning: the employer's obligation
Labor relations are mainly regulated by civil law and economic law, and both parties can negotiate freely without violating the law, which is very arbitrary, and the employer can negotiate with the employees to agree on relevant obligations;
However, the employer must provide a place that meets the requirements of safe production according to the relevant regulations of the host country, and must pay labor protection expenses or supplies, such as helmets, gloves, filtered sunglasses, etc. During working in the host country, in case of illness or work injury, the employer shall provide necessary medical treatment and purchase necessary medicines.
In addition, it is suggested that the employer buy personal accident insurance for employees, so that workers can get timely and reasonable compensation when they are accidentally injured, and the insurance premium shall be borne by the employer.
Verb (abbreviation of verb) Party A's responsibility
(1) Party A must employ workers in accordance with the provisions of national labor laws, and shall not force labor by violence, threats, illegal restriction of personal freedom or other means that violate national laws and regulations.
(2) Party A must pay wages on time, make a payroll according to relevant regulations, and Party B shall sign it to receive it as a voucher for receiving wages.
(3) Party A shall provide Party B with necessary living and working conditions, labor tools and personal safety protection articles that meet the quality requirements.
(4) Party A shall establish and improve the production technology, operating rules, labor safety and health and other related systems on the construction site to guide Party B to carry out the work.
(V) Party A is responsible for providing Party B with labor safety education (including three-level education, pre-job education, pre-job education and regular education, etc.). ), professional ethics, business technology, labor discipline and rules and regulations.
(VI) Party A shall formulate rules and regulations and labor discipline according to the needs of production and operation, and educate Party B. If Party B violates labor discipline and Party A's rules and regulations, Party A may take corresponding measures.
(VII) Party A shall handle relevant certificates (such as "Ping An Card", professional qualification certificate, temporary residence permit, etc.) for Party B according to relevant regulations. ).
(VIII) Party A shall not require Party B to carry out construction operations in violation of relevant regulations or standards.
(nine) to fulfill other laws and regulations and the relevant provisions of the superior management department.
The intransitive verb Party B's responsibility.
(1) Obey the management of Party A and various regulatory departments, and abide by the company's rules and regulations on safety, quality, occupational health, operating procedures, work specifications, environmental sanitation, etc.
(2) Obey the management and arrangement of Party A's daily work, complete all the work according to the quality and quantity, and meet the requirements of relevant quality and civilized construction.
(3) Abide by the relevant national laws and regulations and the requirements of the company's quality and safety management, and can refuse Party A's command operation in violation of relevant regulations or standards.
(4) Party B shall take good care of Party A's property, rationally use the materials needed for the operation, take good care of the tools provided by Party A, and protect the finished products on the construction site as required.
(V) Actively participate in various training and education activities organized by Party A to improve their own quality.
(six) consciously abide by the requirements of the relevant laws and regulations on public security management, and do not dispute, beat and scold with on-site management personnel and other operators.
(VII) Party B shall truthfully provide basic information such as his physical condition (especially illness), age, marriage and childbearing status. For Party A to consider when hiring or changing jobs.
(VIII) When Party B enters the construction site for operation as required by Party A, it shall not bring relatives and irrelevant personnel who are prohibited from entering the construction site.
(9) Party B shall consciously and correctly use the safety protection articles provided by Party A, and shall immediately apply to Party A for replacement if it finds that the safety protection articles do not meet the use requirements.
(X) Party B is unwell (such as physical illness). ), should take the initiative to inform the site management personnel, shall not enter the construction site.
Seven. Alteration, rescission and termination of labor contract
(1) If the legal conditions listed in the Labor Law are met or both parties reach an agreement through consultation, the relevant contents of the Contract may be changed or the Contract may be dissolved.
(two) to change the labor contract, both parties shall sign an agreement to change the labor contract.
(III) If Party B dissolves this contract according to Article 31 of the Labor Law before the expiration of the contract period, thus causing economic losses to Party A, it shall compensate Party A for the following economic losses:
(4) If one of the following conditions is met, this contract will be terminated (except for fixed-term contracts):
1. The tasks agreed in this contract have been completed;
2、___________________________________;
3、___________________________________。
Eight. Liability for breach of this contract
(1) Party A shall be liable for breach of contract under any of the following circumstances:
1. unilaterally terminates the contract in violation of laws and regulations;
2、___________________________________;
3、___________________________________。
(2) Party B shall be liable for breach of contract under any of the following circumstances:
1. Party B unilaterally terminates this contract or fails to perform this contract according to regulations;
2、___________________________________;
3、___________________________________。
(III) Both parties agree to bear the liabilities for breach of contract in the following ways:
1, liquidated damages. If one party breaches the contract, it shall pay a penalty of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. compensation. If the liquidated damages are insufficient to compensate the other party's losses, it shall be compensated. The compensation shall be calculated according to the actual losses caused by the breaching party.
Nine. Dispute mediation
Labor disputes arising from the performance of this contract can be settled by both parties through consultation. If negotiation fails, it can be applied to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
X. supplementary provisions
(1) The labor service contract is made in duplicate, one for Party A and one for Party B, all of which have the same legal effect.
(2) This contract shall come into effect as of the date of signature by both parties.
Seal of Party A:
Legal representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature of Party B:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _