Employer (Party A):
Employee (Party B):
Personnel Department of People's Republic of China (PRC)
Fill in the instructions:
1. This employment contract is formulated in accordance with the Notice of General Office of the State Council on Forwarding the Opinions of the Ministry of Personnel on the Trial Employment System in Institutions (No.35 [2002] of the State Council), which serves as a model for the employing unit to sign an employment contract with the employed personnel. In addition to the contents listed in this contract, relevant clauses may be added through consultation between the employing unit and the employed personnel.
2. The employment contract must be written in blue and black ink with clear and neat handwriting, and the altered place must be stamped with the proofreading seal, otherwise it will be invalid.
3. This employment contract must be signed by both the employing unit and the employee. If it is really necessary to sign for some reason, it must be entrusted by me in writing, otherwise it will be invalid.
4. The year, month and day in this employment contract are all in Gregorian calendar except the date of signing in Arabic numerals, and the wages and salaries are all in words.
Party A (employing unit)
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or entrusted agent: _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _
Party B (employee)
Name: _ _ _ _ _ _ _ _ _
Gender: _ _ _ _ _ _ _ _ Date of birth: _ _ _ _ _ _ _ _ Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _
According to the Notice of General Office of the State Council on Forwarding the Opinions of Ministry of Personnel on the Trial Appointment System of Public Institutions (Guo Ban Fa [2002] No.35), this contract shall come into effect as of the date of signature by both parties.
I. Term of employment contract
The term of this contract is subject to the following item _ _ _:
(1) The term of this contract is years, from year to year. The probation period is (months), from (to).
(II) The term of this contract shall be counted from the date of signing and shall be terminated when Party B reaches the retirement age stipulated by the state.
(3) The term of this contract is from the date of signing to the date of completion of _ _ _ _ _ _ _. The probation period is (months), from (to).
2. Requirements for jobs and responsibilities
(1) Party A employs Party B to work in _ _ _ _ _ _ _ _ _.
(II) Party A determines Party B's job responsibilities as follows:
1、___________________________________________________
2、___________________________________________________
3、___________________________________________________
(3) Obey the work arrangement of Party A, complete the work tasks specified by Party A on time according to the requirements of post responsibilities, and reach the specified work quality standards.
(IV) During the employment period, Party A may adjust Party B's post after consultation with Party B according to the work needs.
Three. Post discipline
(1) Party A has the right to establish and improve various assessment systems according to post responsibilities, with clear authority, clear responsibilities, strict assessment and clear rewards and punishments.
(2) Party B shall strictly abide by national and local laws and regulations, abide by Party A's rules and regulations and post discipline, and obey Party A's leadership and management.
(3) If Party B violates the rules and regulations and post discipline, Party A has the right to criticize and educate and deal with it accordingly according to relevant regulations.
Four. Post working conditions
(1) Party A guarantees the material and technical conditions required for Party B to perform its duties, and provides necessary working conditions and effective labor safety and health protection measures. Party A shall notify Party B of the post working conditions provided by Party B in writing.
(2) Party A strictly implements the national regulations on working hours and vacations of employees, and implements a working day system for Party B in line with its professional characteristics. ..
(3) Party A shall train Party B in professional ethics, professional skills, business knowledge, safety production and rules and regulations according to the needs of work.
Verb (abbreviation of verb) salary, welfare and social insurance benefits
(1) Party A shall pay Party B's salary in full and on time in cash according to the national policies and relevant regulations of the unit, the post Party B is engaged in, and Party B's work performance, performance and contribution. The composition and standard of Party B's salary are as follows:
________________________________________________________
(II) Party B's salary adjustment, bonuses, allowances, subsidies and salary payment under special circumstances shall be implemented in accordance with national policies and relevant regulations of the unit.
(III) Party B enjoys various welfare benefits stipulated by the state and the unit. The rights and interests not involved in this contract shall be subject to the national policies and relevant regulations of the unit if Party B is injured, disabled, sick or died during the contract period.
(IV) For units participating in social insurance, Party A shall pay social insurance such as unemployment insurance, medical insurance and endowment insurance for Party B on time according to relevant national and local regulations. Party A can deduct the part that Party B should pay personally from Party B's salary, go through the relevant formalities in a unified way, and inform Party B in writing in time.
Alteration of employment contract of intransitive verbs
(1) Party A and Party B may change the relevant contents of this contract through consultation.
(2) If the laws, regulations, rules and policies on which this contract was concluded change, the relevant contents of this contract shall be changed according to law.
(III) If this contract really needs to be changed, Party A and Party B shall sign the Employment Contract Change Letter (Annex I) according to the prescribed procedures, and determine the contents of the contract change in writing.
(IV) If Party B fails to pass the annual assessment or the employment period assessment, Party A may adjust Party B's post or arrange for him to leave his post to receive necessary training, and issue a Post Adjustment Notice (Annex II) to Party B to make corresponding changes to this contract.
Seven. Termination of employment contract
(1) Party A and Party B may dissolve this contract through consultation.
(II) In case of any of the following circumstances of Party B, Party A may unilaterally terminate this contract at any time:
1, continuous absenteeism 10 working days or accumulated absenteeism of more than 20 working days in 1 year;
2. Going abroad without Party A's consent or failing to return within the time limit;
3, in violation of work regulations or operating procedures, accidents, or dereliction of duty, causing serious consequences;
4. Seriously disrupting the work order, so that the work of Party A and other units cannot be carried out normally;
5. Being sentenced to criminal detention, probation of fixed-term imprisonment, fixed-term imprisonment or above, execution of fixed-term imprisonment or reeducation through labor.
If Party A is proved not to meet the requirements of this post during the probation period, and does not agree with the unit to adjust its post, it may unilaterally terminate this contract at any time.
(III) In case of any of the following circumstances of Party B, Party A may unilaterally 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. If Party B fails to pass the annual assessment or the employment period assessment, it does not agree to Party A's adjustment of the post, or it fails to pass the assessment after agreeing to adjust the post.
(IV) Party A shall not terminate this contract under any of the following circumstances:
1. Party B is sick or injured within the prescribed medical treatment period;
2. Female employees during pregnancy, childbirth and lactation;
3, work-related injuries, after the end of treatment by the labor ability appraisal institutions identified as 0+4 disability;
4. Suffering from occupational diseases, serious diseases or mental diseases that are difficult to cure under the existing medical conditions;
5. Party B is under disciplinary review and has not reached a conclusion;
6. Other circumstances under which the contract cannot be terminated as stipulated by the state.
(V) In any of the following circumstances, Party B may unilaterally terminate this contract at any time:
1, during the probation period;
2, admitted to ordinary colleges and universities;
3. Being employed or transferred to a civil servant;
4. Military service according to law.
In addition to the above circumstances, if Party B fails to reach an agreement with Party A when proposing to dissolve this contract, Party B shall stick to normal work and continue to perform this contract; If Party A proposes to terminate the contract again after 6 months, but still fails to reach an agreement with Party A, it may unilaterally terminate the contract.
(VI) If the objective circumstances on which this contract was concluded have changed significantly, which makes this contract impossible to perform, and both parties cannot reach an agreement on the modification of this contract through consultation, both parties may unilaterally terminate this contract.
(VII) Under any of the following circumstances, Party A shall pay economic compensation to Party B according to the actual working years in this unit:
1. Party A proposes to dissolve this contract, and Party B agrees to dissolve it;
2. Party B suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original work or other work arranged by Party A, and Party A unilaterally terminates this contract;
3. Party B fails to pass the annual assessment or the employment period assessment, and does not agree to Party A's adjustment of the post, or agrees to adjust the post, but the assessment is still unqualified after arriving at the new post, and Party A unilaterally terminates this contract.
The economic compensation shall be calculated according to the average monthly salary of Party B 1 year after working in Party A.. If the average monthly wage exceeds 3 times the local average monthly wage, it shall be calculated according to 3 times the local average monthly wage.
(VIII) After the contract is terminated, Party A shall issue a Certificate of Termination of Labor Contract (Annex III) for Party B, and go through relevant formalities. Party A and Party B shall handle the personnel file transfer procedures within 3 months. Party A shall not detain Party B's personnel files for any reason, and Party B shall not fail to handle the file transfer formalities without reason. Party A shall provide economic compensation to Party B in accordance with relevant national and local regulations if it meets the prescribed economic compensation conditions.
(IX) Where Party B works in a classified post, the termination of this contract shall comply with the relevant national regulations on the management of classified personnel.
Eight. Termination of employment contract
(1) In any of the following circumstances, this contract shall be terminated:
1. The term of this contract expires;
2. The termination conditions agreed by both parties appear;
3. Party B retires or resigns in accordance with relevant state regulations;
4. Party B dies or is declared dead by the people's court;
5. Party A is revoked, revoked or dissolved according to law.
(II) After the termination of the Labor Contract, Party A shall issue a Certificate of Termination of the Labor Contract (Annex 4) for Party B and go through relevant formalities.
Nine. Renewal of employment contract
Before the expiration of this contract, Party A and Party B may renew the employment contract through consultation according to the prescribed procedures, and the renewal of the employment contract shall be handled within 30 days before the expiration of the employment contract. The term and work content of the renewed employment contract shall be determined by both parties through consultation, and a Letter of Renewal of Employment Contract (Annex 5) shall be signed. If the employment contract expires and there is a de facto employment relationship without going through the formalities for dissolving the employment contract, it shall be regarded as the continuation of the employment contract. The duration of the labor contract is the same as that of the original contract, but it shall not exceed the retirement age of Party B at the longest. ..
X. Liability for breach of labor contract
(I) Party A's liability for breach of contract
1. In any of the following circumstances, Party A shall pay compensation to Party B:
(1) Deduct or default Party B's salary without reason;
(2) After the termination of this contract, Party B fails to give economic compensation as required. The standard for paying compensation is:
______________________________________________________
2. If Party A's breach of this contract causes losses to Party B, Party A shall be liable for compensation according to Party B's actual losses. If Party A's breach of this contract causes Party B to suspend the performance of the contract, it shall continue to perform the contract and be responsible for compensating Party B for the economic losses during the suspension of the contract.
(II) Party B's liability for breach of contract
1. After the training funded by Party A, if Party B proposes to terminate this contract before the original agreed service period expires, Party B shall compensate Party A for the training fee, with the following standards:
______________________________________________________
2. If Party B uses or allows others to use Party A's intellectual property rights and technical secrets in violation of this contract, it shall bear legal responsibilities according to law.
3. If Party B's breach of this contract causes losses to Party A, Party B shall be liable for compensation according to Party A's actual losses. If Party B's breach of this contract causes Party A to suspend the performance of the contract, it shall continue to perform the contract and be responsible for compensating Party A for the economic losses during the suspension of the contract.
(3) Other clauses on liability for breach of contract agreed by both parties.
1、___________________________________________________
2、___________________________________________________
… … …
XI。 Other matters agreed by both parties.
(a)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
____________________________
(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
____________________________
… … …
Twelve. settlement of dispute
Any dispute arising from the performance of the Labor Contract between Party A and Party B shall be settled through negotiation. The parties may also apply to the competent personnel dispute arbitration commission for arbitration within 60 days from the date of the dispute; If a party refuses to accept the arbitration award, it may bring a lawsuit to the basic people's court where Party A is located or where the employment contract is performed within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for enforcement.
Thirteen. supplementary terms
1. Party A has the right to formulate its own rules and regulations according to national and local laws, regulations and relevant policies, and publish or inform Party B in an appropriate way as the basis for performing this contract. Party B shall be familiar with and strictly abide by the rules and regulations of the unit.
2. This contract is made in triplicate, one for the employer and one for the employee, and one for the employee's personal file.
Party A (seal) and Party B (signature and seal)
Legal representative or
Entrusted agent (signature)
Year, month, sun, moon, sun.
Annex I
Alteration of employment contract
Through negotiation, Party A and Party B agree to change the Labor ContractNo. signed by both parties on. The contents of the labor contract are changed as follows:
1、_______________________________________________
2、_______________________________________________
3、_______________________________________________
… … …
Both parties shall continue to abide by the contents of the unchanged part of the labor contract.
Party A (seal) and Party B (signature and seal)
Legal representative or
Entrusted agent (signature)
Year, month, sun, moon, sun.
Annex II
Post adjustment notice
word number
: (Party B)
Because you were determined to be unqualified in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I hereby inform you.
Party A (seal)
Legal representative or
Entrusted agent (signature)
date month year
Annex III
Certificate of termination of employment contract
word number
According to the Notice of General Office of the State Council on Forwarding the Opinions of the Ministry of Personnel on the Trial Appointment System in Public Institutions (No.35 [2002] of Guo Ban Fa) and the relevant provisions of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
This is to certify that.
Party A (seal)
Legal representative or
Entrusted agent (signature)
date month year
Annex IV
Certificate of termination of employment contract
word number
According to the Notice of General Office of the State Council on Forwarding the Opinions of the Ministry of Personnel on the Trial Appointment System in Public Institutions (No.35 [2002] of Guo Ban Fa) and the relevant provisions of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
This is to certify that.
Party A (seal)
Legal representative or
Entrusted agent (signature)
date month year
Annex V
Renewal of employment contract
Through negotiation, Party A and Party B agree to renew the Labor ContractNo. signed by both parties on. The original employment contract remains unchanged, and the contract renewal period is from _ _ _ _ to _ _ _ _.
Party A and Party B have reached a supplementary agreement on the following matters:
1、___________________________________________________
2、___________________________________________________
Party A (seal) and Party B (signature and seal)
Legal representative or
Entrusted agent (signature)
Year, month, sun, moon, sun.
Matters needing attention in signing a contract
First, verify and confirm the subject qualification of the other party.
1. The other party to the contract is a natural person: verify, copy and save his/her identity document (don't replace it with a business card), and confirm his/her true identity and capacity.
2. The other party to the contract is a legal person:
Go to the local industrial and commercial department to inquire about its industrial and commercial registration information, and make a field trip to its company to determine its authenticity;
Verify whether the contractor is authorized by his company, and check his power of attorney, letter of introduction and contract;
When signing a contract, the other party's official seal and special seal for the contract must be affixed.
3. The counterparty of this contract is "other organization":
If the other party is an individual partnership or a sole proprietorship enterprise, check whether the business license registration items are consistent with the introduction; Signature and seal of the partner and the manager of the sole proprietorship enterprise.
Legal person preparation office: confirm the identity of the manager and shareholders, and affix the official seals of the legal person preparation office and shareholders.
In addition to the official seal and private seal, the other party to the contract should sign it himself.
Second, the contract form:
1, the contract must be signed in writing;
2. If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed;
3. The contract background shall be marked when the contract is countersigned.
Three, the necessary terms of the contract should be specific and clear:
1, the names of the parties must be true and consistent;
2. The subject matter, quantity, quality, price and packaging method of the contract should be specific and clear;
3. Pay attention to the acceptance methods, procedures and time;
4. The method of performance must be specific: delivery method and settlement method;
5. A certain time point or time period must be determined in the performance period;
6. Make it clear as far as possible that the location of our company is the place where the contract is performed;
7. The liability for breach of contract should be quantified as liquidated damages or the calculation method for determining liquidated damages;
8. Disputes shall be settled through negotiation and litigation, and it is agreed to be under the jurisdiction of the court or arbitration commission where our company is located.
Four. Contractual obligations before signing the contract:
1, assistance and notification obligations;
2. Do not disclose or use the trade secrets of the other party obtained when signing the contract.
5. Power of attorney, letter of introduction, sealed contract and other authorization documents issued by the company shall be tracked and managed, and the name, authorization scope and validity period of the other party shall be indicated when issued, and shall be recovered in time after the business is completed.
Business personnel should take back the above certificates in time when they leave their jobs. If the certificate cannot be recovered, the relevant units shall be informed in writing in time and the evidence shall be kept.
If it is found that the business personnel still sign the contract in the name of the company after the authorization is terminated, it shall determine whether to ratify it in time; If it refuses to ratify, it shall notify the other party in writing and preserve the evidence. When necessary, ask the police to intervene and investigate their criminal responsibility.
Six, in case of major misunderstanding, obviously unfair, fraud, coercion, taking advantage of the danger of the contract, timely collection of preservation evidence, within a predetermined period of time (that is, one year) to exercise the right to cancel.
This is the latest contract version of 20 16. I hope I can help you. Please adopt it. Thank you!