Employer (Party A): XXXX Limited.
Address (domicile): XX, Zhejiang Province
Legal representative (principal responsible person): A San
Name of employee (Party B): Wu Wang.
Address of ID card: XXXXXX, Zhejiang Province, ID number: 3100215155151056.
According to the Labor Law, Labor Contract Law and other relevant labor laws and regulations, Party A and Party B sign this contract and establish labor relations based on the principles of "legality, fairness, equality, voluntariness, consensus, honesty and credibility".
I. Term of the Contract
(1) Party A and Party B agree to adopt the following ___ 1_ method to determine the term of the labor contract:
1, fixed term: from 1 in October, 2008 to 1 in February, 20 10.
2. No fixed term: from the date of the current year until the legal termination conditions appear.
3. Time limit is the time to complete a certain task: from year, month and day to the completion of the task.
(2) The probation period is agreed in the following second form:
1. There is no probation period.
2. The probation period is _ _ _ _ 1 month (days), from 1 in October 2008 to1in October 2008.
Second, the work content and work place
(1) The post (department, type of work or position) of Party B is: salesman.
(2) Party B's work task or responsibility is: sales.
(3) The work place of Party B is: Hangzhou; Where Party A sends Party B to work in other places or other units, it shall sign a supplementary agreement.
(4) Party A may reasonably adjust Party B's post (including department, type of work or post) according to the needs of production and operation and Party B's ability performance.
Third, working hours and rest and vacation.
(1) Party A and Party B agree to determine Party B's working hours as follows:
1, standard working hours system, that is, working 8 hours a day, working 40 hours a week, and taking at least one day off every week.
2. Flexible working hours, that is, with the approval of the labor and social security department, Party B's post implements flexible working hours.
3. Comprehensive calculation of working hours, that is, with the approval of the labor and social security department, Party B's post is subject to comprehensive calculation of working hours with the total working hours as the cycle.
(2) Due to production (work) needs, Party A may extend the working hours after consultation with the trade union and Party B ... Except under the circumstances stipulated in Article 42 of the Labor Law, it shall not exceed one hour per day, or three hours per day or thirty-six hours per month for special reasons.
(III) On rest days and legal holidays, Party A shall arrange for Party B to have a rest and vacation according to law. If Party B is required to work overtime, Party A shall arrange compensatory time off or pay overtime wages according to law.
Fourth, labor remuneration.
(1) The salary of Party B during normal working hours shall be implemented in the following form (), which shall not be lower than the local minimum wage standard.
1, and the probation salary of Party B is RMB/month (day); The salary after the probation period is RMB/month (day).
2. Other forms:
(two) wages must be paid in legal tender, and it is not allowed to pay in kind or securities instead of money.
(3) Party A may reasonably adjust Party B's salary according to the operating conditions of the enterprise, Party B's ability performance and job adjustment.
(4) Party A shall pay Party B the salary of last month on the day of each month. In case of holidays or rest days, arrive at the nearest place in advance.
Pay on weekdays.
(5) Where Party A arranges Party B to extend the working hours according to law, it shall pay the wages for the extended working hours according to Article 44 of the Labor Law.
(VI) If the work stoppage is caused by Party B's fault, Party A will not pay Party B the wages during the work stoppage, and may handle the losses according to relevant regulations.
(VII) If Party A stops work or production for reasons other than Party B's, and it does not exceed a salary payment period (30 days at most), Party A shall pay wages according to normal working hours. If the salary payment period exceeds one period, Party B may pay the salary according to the labor provided by Party B and the newly agreed standard; If Party A fails to arrange for Party B to work, it shall pay the living expenses of the workers not less than 80% of the local minimum wage standard, and the living expenses shall be paid to the enterprise to resume work, resume production or terminate labor relations.
(VIII) If Party B stops working for treatment due to illness or non-work-related injury, Party A shall pay sick pay according to relevant state regulations within the medical treatment period stipulated by the state. The sick pay paid by Party A shall not be less than 80% of the local minimum wage.
(IX) During the period when Party B enjoys legal holidays, annual leave, family visit leave, marriage leave, funeral leave, maternity leave, nursing leave and family planning leave, Party A shall regard it as normal work and pay wages for normal working hours.
Verb (abbreviation of verb) A new labor contract model of social insurance and welfare benefits.
(1) During the contract period, Party A shall go through the formalities for Party B to participate in social insurance such as pension, medical care, unemployment, work injury and maternity according to law, and the social insurance premium shall be borne by both parties according to the specified proportion.
(II) Where Party B suffers from illness or non-work-related injury, Party A shall provide medical treatment according to national and local regulations, reimburse medical expenses according to medical insurance and other relevant regulations, and pay sick pay or disease relief funds within the prescribed medical treatment period.
(3) Where Party B suffers from occupational disease, work-related injury or death, Party A shall handle it according to the Regulations on Industrial Injury Insurance.
Six, labor protection, working conditions and occupational hazard protection
(1) Party A shall, in accordance with the relevant national labor protection regulations, provide workplaces that meet the national labor hygiene standards and effectively protect the safety and health of Party B in production. If occupational hazards may occur during Party B's work, Party A shall protect Party B's health and related rights and interests in accordance with the provisions of the Occupational Disease Prevention Law.
(2) Party A shall distribute necessary labor protection articles to Party B according to Party B's post and relevant national regulations, and arrange free physical examination for Party B according to labor protection regulations.
(3) Party B has the right to refuse Party A's illegal command and force risky operation, to ask for correction, and to report and accuse Party A and its management personnel of ignoring Party B's safety and health.
Seven, labor discipline
(1) Party B shall consciously abide by the laws, regulations, rules and various rules and regulations formulated by the enterprise according to law, strictly abide by the safety operation rules, obey the management, and complete the work tasks on time.
(2) Party B shall keep Party A's business secrets and confidential matters related to intellectual property rights.
Eight. Performance and change of labor contract
(1) Party A and Party B shall fully perform their respective obligations as stipulated in the labor contract.
(2) Party A and Party B may change the contents agreed in the labor contract through consultation. Changes to the labor contract shall be made in written form.
Nine. Dissolution, termination and renewal of labor contract
(1) Both parties can dissolve the labor contract through negotiation. Where Party A proposes to terminate the contract through consultation, it shall pay economic compensation to Party B according to law; Where Party B proposes to terminate the Contract through consultation, Party A does not need to pay economic compensation to Party B..
(2) Party B may terminate the Labor Contract by giving a written notice to Party A 30 days in advance. Party B may terminate the Labor Contract by notifying Party A three days in advance during the probation period.
(3) Under any of the following circumstances, Party B may terminate the Labor Contract and has the right to demand Party A to pay the economic compensation for the termination of the Labor Contract:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Failing to pay labor remuneration in full and on time;
3. Failing to pay social insurance premiums for Party B according to law;
4. Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of Party B;
5. The labor contract is invalid due to the fault of Party A;
6. Other circumstances under which Party B can dissolve the Labor Contract as stipulated by laws and administrative regulations.
(IV) In case of any of the following circumstances of Party B, Party A may terminate the labor contract without paying economic compensation to Party B for the termination of the labor contract.
1, proved to be unqualified for employment during the probation period;
2. Party B seriously violates Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to Party A;
4. Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after Party A puts forward it;
5. The labor contract is invalid due to Party B's fault;
6. Being investigated for criminal responsibility according to law.
(V) Under any of the following circumstances, Party A may terminate the labor contract after giving a written notice to Party B 30 days in advance or paying the employee an extra month's salary, but it shall pay Party B the economic compensation for the termination of the labor contract:
1. Party B suffers from occupational diseases or non-work-related injuries, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
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 significantly, which makes the labor contract impossible to perform. Party A and Party B cannot reach an agreement on changing the contents of the labor contract through negotiation.
(VI) Under any of the following circumstances, Party A may dissolve the labor contract according to Article 41 of the Labor Contract Law, but it shall pay Party B the economic compensation for the dissolution of the labor contract:
1, reorganized in accordance with the provisions of the enterprise bankruptcy law;
2. Serious difficulties in production and operation;
3, enterprise production, major technological innovation or operation mode adjustment, after the change of the labor contract, still need to reduce staff;
4. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.
(VII) In case of any of the following circumstances of Party B, Party A shall not terminate the Labor Contract according to the provisions of Items 5 and 6 of Article 9 of this Contract:
1, engaged in operations exposed to occupational hazards without occupational health examination before leaving the post, or suspected of occupational diseases during diagnosis or medical observation;
2. Party B suffers from occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work;
3. Illness or non-work-related injury within the prescribed medical treatment period;
4. Female employees during pregnancy, childbirth and lactation; Source: www.ieeye.com.
5. Having worked in Party A continuously for fifteen years and less than five years before the statutory retirement age;
6. Other circumstances stipulated by laws and administrative regulations.
(8) The labor contract shall be terminated under any of the following circumstances:
1, the labor contract expires;
2. Party B begins to enjoy basic old-age insurance benefits according to law;
3. Party B dies, or is declared dead or missing by the people's court;
4. Party A is declared bankrupt according to law;
5. Party A's business license is revoked, ordered to close or be revoked, or Party A decides to dissolve it early;
6. Other circumstances stipulated by laws and administrative regulations.
Where Party A terminates the fixed-term labor contract according to the provisions in Item 1 of this item, it shall pay Party B the economic compensation for the termination of the labor contract, except that Party A maintains or improves the agreed conditions of the labor contract to renew the labor contract, unless Party B does not agree to renew it;
Where Party A terminates the labor contract according to the provisions in Items 4 and 5 of this item, it shall pay economic compensation to Party B for the termination of the labor contract.
(nine) the expiration of the labor contract, one of the circumstances stipulated in the seventh paragraph of article ninth, the labor contract shall continue until the corresponding circumstances disappear. However, the termination of the labor contract in which Party B loses or partially loses the ability to work as stipulated in Item 2 of Article 7 of this contract shall be implemented in accordance with the relevant state regulations on industrial injury insurance.
(10) The economic compensation shall be paid according to the standard that Party B shall pay one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, Party B shall be paid economic compensation of half a month's salary.
If Party B's monthly salary is three times higher than the average monthly salary of local employees announced by the municipal people's government where Party A is located, the standard for paying economic compensation to Party B is three times the average monthly salary of employees, and the longest period for paying economic compensation to Party B shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of Party B in the twelve months before the dissolution or termination of the Labor Contract.
(1 1) If Party A needs to renew the Labor Contract upon the expiration of the Labor Contract, it shall send a notice of intention to renew the Labor Contract to Party B 30 days before the expiration of the Labor Contract; If both parties agree to renew the labor contract through consultation, they shall re-conclude the labor contract within 30 days before the expiration of the labor contract; The re-concluded labor contract shall take effect on the day after the expiration of the previous labor contract.
X. liability for breach of contract
(1) If Party B violates the service period agreed in the training agreement, it shall pay liquidated damages to Party A as agreed.
(2) If Party B violates the non-competition agreement signed by both parties, it shall pay liquidated damages to Party A as agreed.
(3) If Party B fails to terminate the labor contract 30 days in advance after the probation period, or fails to terminate the labor contract 3 days in advance during the probation period, or resigns voluntarily, Party B shall pay compensation of 1 day for every delay. If other losses are caused to Party A, it shall be liable for compensation, including but not limited to the expenses paid by Party A for recruiting Party B, training expenses and direct economic losses caused to production, operation and work.
(4) If the labor contract is confirmed invalid according to law, causing damage to the other party, the party at fault shall be liable for compensation.
(V) Where Party A dissolves or terminates the labor contract in violation of this contract, it shall pay compensation to Party B at twice the economic compensation standard stipulated in Item 10 of Article 9 of this contract.
(6) If any other breach of contract by either party causes economic losses to the other party, it shall compensate the other party for the economic losses according to law.
XI。 settlement of dispute
Any dispute arising from the performance of this contract by both parties can be settled through negotiation first; Unwilling to negotiate or failing to do so, you may apply to the Labor Dispute Arbitration Committee where Party A is located for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Twelve. Other agreements
(1) In case of any inconsistency between all the labor contracts signed by both parties before this date, this contract shall prevail, except for the agreements specially signed by both parties on individual matters such as training, protection of business secrets, prohibition of business strife and house purchase.
(II) Party B guarantees that when signing this contract with Party A, it has dissolved or terminated the labor relationship with other employers, and provides the certificate of dissolution or termination of the labor relationship by the relevant units; Otherwise, Party A has the right to terminate this contract. If Party A is sued by Party B's original work unit due to Party B's fault, Party B shall compensate Party A for all the losses suffered as a result.
(3) If Party B resigns for any reason, it shall go through the handover procedures according to Party A's relevant rules and regulations before leaving, otherwise Party A has the right not to go through the relevant procedures for dissolving the labor contract (including issuing the certificate of dissolving the labor contract, handling the transfer of files and social security relations, etc.). ).
(IV) The training agreement, confidentiality agreement, non-competition agreement and other agreements related to the labor contract signed separately by Party A and Party B are an integral part of this contract.
(V) All rules and regulations publicly issued by Party A in the enterprise are binding on both parties, and unless the system violates national laws and regulations or conflicts with this Agreement, it shall be regarded as an effective annex to this Contract.
(six) matters not covered in the contract or the terms of the contract conflict with labor laws and regulations, according to the existing labor laws and regulations.
(VII) This contract is made in duplicate, with each party holding one copy. It will take effect after being signed by both parties, and it will be invalid if it is altered or initialled.
Party A: (seal) Party B: (signature or seal)
Legal representative:
(or entrusted agent)
Twenty years, twenty years, twenty years.