The labor contract signed with the company (selected 5 articles)
Unless the law requires a 3-day written notice, the employee's right to terminate can of course be terminated in writing or orally. I am here to share with you some labor contracts signed with the company, hoping to help you.
labor contract signed with the company 1
Employer (Party A): _ _ _ _ _ _ _ _ _ _ _ Co., Ltd.
Address (Party A): _ _ _ _ _ _
Employee (Party B): < p Individual labor contracts have legal effect once they are signed according to law, and both parties must strictly perform them.
2. An individual labor contract must be signed and sealed by the legal representative (or entrusted agent) of the employer (Party A) and the employee (Party B) in person, and stamped with the official seal of the employer (or special seal for individual labor contract).
3. The blank columns in the reference text of the contract shall be clearly filled in after negotiation between both parties; Please tick "/"for the blank fields that need not be filled in.
iv. party b's job content and its category (management or professional and technical category/worker category) shall be clearly agreed with reference to the occupational classification and skill standards stipulated by the state. The scope and conditions of the change can be stipulated in Article 12 of the contract reference text.
five, the working hours system is divided into three types: standard, irregular and comprehensive working hours. If the irregular and comprehensive working hour system is implemented with the approval of the labor administrative department, the specific content shall be indicated and agreed in Article 12 of this reference text.
VI. The wages for the agreed normal working hours of employees shall be specific and clear, and shall not be lower than the minimum wage standard of the current year in this Municipality; The implementation of piecework wages can be listed in Article 12 of this reference text, or a supplementary agreement can be signed.
VII. Representatives elected by the trade union or employees of the unit and the employing unit may negotiate collectively on matters such as wages, working hours, rest and vacation, labor safety and health, insurance and welfare, and sign collective contracts according to law. The labor standards for individual labor contracts concluded between employees and employers shall not be lower than those stipulated in collective contracts.
VIII. After both parties reach an agreement through consultation, the modification of the terms of the reference text of the individual labor contract or the agreement on matters not covered can be specified in Article 12 of the reference text, or a supplementary agreement can be signed separately through consultation; A supplementary agreement signed separately, as an annex to the individual labor contract, shall be performed together with the individual labor contract.
IX. Please fill in the individual labor contract with a pen or a signature pen. The handwriting must be clear and cannot be altered unilaterally.
X. This text is not applicable to part-time employment.
party a (employer):
party b (employee):
date of signing: the labor contract signed with the company. 2
party a and party b follow the laws, fairness, equality and voluntariness in accordance with the individual labor contract law of the people's Republic of China (hereinafter referred to as the individual labor contract law) and relevant national, provincial and municipal regulations.
I. term of the contract
(I) term of the contract
both parties agree to determine the term of the contract according to the following first method:
1. There is a fixed term: from March 1, _ _ _ _ to February 28, _ _ _ _.
2. No fixed term: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The time limit is to complete certain tasks: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(II) probation period
Both parties agree to determine the probation period according to the following second method (the probation period is included in the contract period):
1. No probation period.
2. The probation period starts from March 1, _ _ _ and ends on May 31, _ _ _ _.
(If the contract term is more than three months but less than one year, the probation period shall not exceed one month; If the contract term is more than one year but less than three years, the probation period shall not exceed two months; For contracts with a fixed term of more than three years or without a fixed term, the probation period shall not exceed six months. A probation period may not be agreed upon for a contract whose term is to complete certain tasks or whose term is less than three months. The same employer and the same employee can only agree on a probation period. )
II. Work content and place
(1) Work content of Party B: Manufacturing Department.
(2) Party B's work content is determined as (fill in "Yes"): () management and professional technology/(√) workers.
(3) If Party A needs to adjust Party B's work content due to production and operation, it shall make a consensus through consultation, and the contract shall be changed. The agreement signed or sealed by both parties or the notice of legal change shall be taken as an annex to this contract.
(iv) work place of party b: mainly the factory area of the company.
(5) In addition to temporary work or short-term study and training, if Party A needs Party B to work and study and train in places or units other than those agreed in this contract, it shall be handled according to Article 7 of this contract.
III. Working hours and rest and vacation
(1) Party A and Party B agree to determine Party B's working hours according to the following first method:
1. Standard working hours system, that is, working 8 hours a day, working 5 days a week, working normally for no more than 4 hours a week, and taking at least one day off.
2. irregular working hours, that is, with the approval of the labor administrative department, Party B's post implements irregular working hours and has at least one day off every week.
3. Comprehensive calculation of working hours, that is, with the approval of the labor administrative department, Party B's post is subject to the comprehensive calculation of working hours with the cycle of (fill in "Yes"): year (), half year (), quarter () or month ().
(2) Party A may extend working hours due to production (work) needs after consultation with the trade union and Party B.. Except under the circumstances stipulated in Article 42 of the Labor Law, it shall generally not exceed one hour per day, three hours per day for special reasons and thirty-six hours per month.
(3) Party A shall implement the statutory system of work, rest and vacation supplemented by the enterprise according to law, and give Party B paid holidays such as holiday leave, annual leave, marriage leave, funeral leave, maternity leave and nursing leave according to regulations, and pay the salary according to the normal working hours salary agreed in this contract and the calculation method stipulated in relevant policies and regulations.
iv. Labor remuneration
(1) The wage standard for Party B's normal working hours (calculation of overtime wage base) shall be implemented in the following (1st) form, and shall not be lower than the local minimum wage standard and the standard agreed in the collective contract of this unit.
1. hourly wage: _ _ _ _ _ _ _ yuan/month (_ _ _ _ yuan/week);
2. Piece rate: _ _ _ _ (if more than 7% of the employees can complete it within normal working hours, this agreement will be established);
3. other forms: _ _ _ _.
(2) The salary of Party B during the probation period is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) If Party A arranges Party B to work overtime according to law, it shall pay overtime wages according to Article 44 of the Labor Law.
(4) Wages must be paid in legal tender, and may not be paid in kind or other negotiable securities instead of money.
(5) Party A and Party B may, according to the operating conditions and price index of their own units, determine specific measures for normal wage increase through mutual consultation or collective consultation.
(6) The time for Party A to pay the salary to Party B is: 1th of each month (or _ _ _ _ _ _). In case of holidays or rest days, payment should be made in advance to the nearest working day.
V. Social Insurance
(1) Party A and Party B shall participate in social insurance and pay social insurance premiums in accordance with the relevant regulations of the state, provinces and cities, and Party B shall enjoy corresponding social insurance benefits according to law.
(2) if party b suffers from illness or non-work-related injury, party a shall grant party b medical treatment and enjoy medical treatment according to national and local regulations, and pay sick pay or disease relief funds within the prescribed medical treatment period.
(3) if party b suffers from occupational disease, work-related injury or death, party a shall handle it according to the laws and regulations of the state, provinces and cities on work-related injury insurance.
VI. Protection against Labor Protection, Working Conditions and Occupational Hazards
(1) Party A shall provide Party B with a workplace that meets the national labor hygiene standards according to the relevant labor protection regulations of the state, provinces and municipalities, and effectively protect Party B's safety and health in production. If occupational hazards may occur during Party B's work, Party A shall truthfully inform Party B and protect Party B's health and related rights and interests in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases.
(2) Party A shall, according to relevant national regulations, issue Party B with necessary labor protection articles, and arrange for Party B to have a physical examination for free every year (year/quarter/month) according to labor protection regulations.
(3) Party A shall do a good job in labor protection for female workers and underage workers according to relevant national and local regulations.
(4) If Party A commands against regulations and forces risky operations to endanger personal safety, Party B has the right to refuse and may terminate this individual labor contract at any time. Party B has the right to demand correction and report and accuse Party A and its management personnel of ignoring Party B's safety and health.
VII. Alteration, rescission and termination of individual labor contract
(1) If the conditions stipulated in the Individual Labor Contract Law are met or both parties reach an agreement through consultation, the relevant contents of individual labor contract may be altered or the fixed-term contract, the open-term contract and the contract whose term is to complete certain work may be dissolved.
(II) Except that Party A can appropriately adjust its work content according to law due to Party B's incompetence, both parties shall sign the Agreement on Changing Individual Labor Contract.
(3) The individual labor contract is terminated when the termination conditions stipulated in the Individual Labor Contract Law appear.
VIII. Payment of economic compensation and medical subsidy
This contract is dissolved or terminated, and the payment of economic compensation and medical subsidy shall be implemented in accordance with the Individual Labor Contract Law and relevant national, provincial and municipal regulations.
IX. Notices and Delivery
All notices, documents, documents and materials sent or provided by Party A and Party B to each other during the performance of this contract can be delivered in person or at the mailing address listed in this contract. If one party moves or changes its telephone number, it shall promptly notify the other party in writing.
1. solutions to disputes arising from the performance of this contract
if party b thinks that party a has infringed on its legitimate rights and interests, it may first raise it with party a or report it to party a's trade union for settlement. Can not be resolved, you can complain to the nearest labor administrative department. Any dispute arising from the performance of this Contract shall be settled through negotiation. If negotiation fails, the dispute may be submitted to the Labor Dispute Mediation Committee of Party A for mediation within 3 days from the date of the dispute, or to the Labor Dispute Arbitration Committee for arbitration within 6 days.
if the terms of this contract are inconsistent with the newly promulgated national, provincial and municipal laws, regulations and rules, the new laws, regulations and rules shall prevail.
Xi. Other matters that need to be agreed by both parties
1. If Party B fails to resign three days in advance during the probation period and 3 days after becoming a full member, Party A has the right to deduct the salary for the short days. If losses are caused, they shall be liable for compensation. (according to Article 37 of the Individual Labor Contract Law)
2. If Party B fails to propose to Party A in writing 3 days in advance to terminate the individual labor contract, resulting in the failure to stop the social insurance in time and resulting in social insurance expenses, Party B shall bear the expenses in full. (according to Article 37 of the Individual Labor Contract Law)
3. Party B guarantees that all the personal documents provided are true and valid. Upon verification, if Party B provides _ _ _ _ _ _, Party A will terminate the individual labor contract without paying economic compensation. (according to Article 8 of the Individual Labor Contract Law)
4. If Party B seriously violates the labor discipline and rules and regulations of the employing unit during the work period, Party A has the right to dissolve this contract without taking the liability for breach of contract and not paying economic compensation, and if it causes economic losses to Party A and the employing unit, Party B shall also bear the liability for economic compensation. In serious cases, Party A reserves the right to pursue Party B's legal actions. (according to the second paragraph of Article 39 and Article 9 of the Individual Labor Contract Law)
5. Compensation for training expenses shall be handled according to the signed Employee Training Contract of _ _ _ _ _ _ _ _ _. (according to Articles 22 and 9 of the Individual Labor Contract Law)
6. Holidays, overtime and other related benefits shall be calculated according to the wages of normal working hours agreed in this contract. (According to Article 3 of the Individual Labor Contract Law and Article 2 of the Regulations on Payment of Wages in Guangdong Province)
7. In case of work-related injury, Party B shall be paid by the social insurance agency, and Party A shall not bear other responsibilities. (According to the Regulations of Guangdong Province on Industrial Injury Insurance)
8. Party B must abide by the rules and regulations of the employing unit. Party A shall manage Party B in accordance with the rules and regulations of the employing unit. If there is any change in personal data (such as marital status), Party A shall be provided with valid certificates within three days. Party B determines the mailing address of this contract as the delivery address of documents and instruments related to labor relations management. In case of any change, Party B shall inform Party A in writing. (according to Article 8 of the Individual Labor Contract Law)
9. Upon the expiration of the term of the individual labor contract, Party A may arrange another job for Party B with conditions and benefits not lower than those stipulated in the original individual labor contract. If the individual labor contract is not renewed due to Party B's disobedience, Party A does not need to pay compensation to Party B (according to Article 46, paragraph 5, of the Individual Labor Contract Law).
1. calculate length: The accounting shall start from the date when Party B joins the company.
11. if party b's work performance fails to meet the requirements of party a during the probation period, the probation period may be extended to the sixth month upon mutual agreement.
12. During working in _ _ _ _ _ _ _ _ _ Co., Ltd., employees should obey the management of the company and abide by various rules and regulations.
this contract (including annexes) is made in duplicate (three copies are required for authentication, and one copy is kept by the authentication institution). after both parties sign, party a must give one copy to party b for holding, all of which have the same legal effect. If Party A does not give one copy to Party B for holding, it shall be deemed that this personal labor contract has not been signed with Party B; In the event of a dispute, Party B's claim shall not be countered on the grounds that this contract has been signed, and Party A shall bear the corresponding legal responsibilities.
party a: (seal)
party b: (signature) labor contract signed with the company 3
party a:
party b: