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How to write a labor contract?
labour contract

A joint stock limited company (hereinafter referred to as Party A) employs (hereinafter referred to as Party B) as a labor contract employee of Party A.. In accordance with the Labor Law of People's Republic of China (PRC), Provisions on the Administration of Labor Law of Foreign-invested Enterprises, Regulations on Labor Contracts of Jiangsu Province and other relevant laws, regulations and rules, Party A and Party B sign this contract on the basis of voluntariness, equality and consensus, and jointly abide by the terms listed in this contract.

Article 1 Contract Term and Probation Period

1. This contract is valid for years, starting from the date of the month and ending on the date of the month.

2. The probation period is months.

3. During the probation period, Party A will evaluate Party B according to the standard of job description, and if it finds that Party B does not meet the employment conditions, it can immediately terminate the labor contract.

Article 2 Work content

1. Party B works in this department. Party B shall complete the work on time, in quality and quantity according to the post responsibilities determined by Party A. ..

2. Party B shall, according to the requirements of the company and the management arrangement of Party A, complete the work and tasks assigned by itself on time, with good quality and quantity, and give rewards and punishments according to Party B's performance. ..

3. Party A may change the post and content of Party B due to business needs or Party B's ability and performance.

Party B has the right to reflect my opinions, but before Party A agrees, it should obey Party A's arrangement first.

Article 3 Labor protection and working conditions

1. Party A works five days (40 hours) a week and has two days off. The hourly wage is calculated according to the basic wage.

2. If Party A really needs Party B to work overtime due to business conditions, it shall negotiate with Party B. The wages and remuneration for overtime shall be implemented in accordance with the relevant laws and regulations of the local government, except for arranging rest.

3. Party A shall provide Party B with a safe and hygienic working environment and necessary labor protection articles that meet the requirements of the China municipal government, so as to ensure that Party B works in an environment that does not endanger personal safety and health, and Party B shall strictly abide by relevant safety operation regulations during the labor process.

4. When Party A has a special type of work or abnormal business, the company will implement the irregular comprehensive working system.

Article 4 Labor remuneration

1. According to Party A's current salary system, Party B's monthly basic salary income is RMB, and other parts (including food subsidies, transportation subsidies, telephone subsidies, housing subsidies, post subsidies, attendance subsidies, special subsidies, etc. ) They are all RMB.

2. Party B's salary level, bonus and allowance shall be determined according to Party A's relevant regulations.

3. When Party A implements the new salary system and adjusts the salary level, or Party B's post and position change, Party A shall adjust Party B's salary.

4. Party A pays the salary in the following month.

Article 5 Labor insurance and welfare benefits

1. Party A shall handle relevant social insurance for Party B according to the regulations of the local government, and Party B shall also pay the social insurance premium that shall be borne by the individual according to the regulations, which shall be withheld and remitted by Party A from Party B's salary.

2. If Party B suffers from illness or non-work-related injury, Party A will give him a certain medical treatment period according to his illness and working time in the company. During medical treatment, according to the relevant provisions of the state.

3. Other insurance benefits of Party B shall be implemented by Party A in accordance with relevant state regulations.

4. Party B shall enjoy the statutory holidays and public holidays stipulated by the China Municipal Government, and enjoy paid holidays such as marriage leave, funeral leave and maternity leave. See Party A's relevant management system for details.

5. Where Party A is a female employee, the holidays and welfare benefits during pregnancy and lactation shall be implemented with reference to the Labor Law of People's Republic of China (PRC) and local regulations.

Article 6 Labor discipline and measures for rewards and punishments

1. Party B shall abide by national laws and regulations, Party A's systems and disciplines, Party A's leadership, management and education ... and laws, professional ethics and social ethics.

2. Party B shall stick to his post and strictly perform his post responsibilities. At the same time, Party B shall unconditionally obey Party A's adjustment of its post and content at any time. If Party B violates labor discipline, regulations and the Articles of Association, Party A may give criticism, education or disciplinary action according to law; Party A shall reward Party B for actively promoting the company system.

3. Party B shall abide by Party A's confidentiality system, and shall be obliged to keep all commercial and technical secrets that may involve the company, including the following information, otherwise Party A will give him disciplinary action or unconditionally terminate the labor relationship according to the Personnel Management Regulations, and pursue his legal joint and several liabilities.

1) technical data and business files of the company.

2) Financial information of companies and individuals.

3) Customer information.

4) Other trade secrets.

4. Without the prior written consent of Party A, Party B shall not:

1) Conduct business or similar business with Party A in the name of itself or others.

2) Being an employee or consultant of any company or unit (including unpaid work).

3) When this contract is terminated or dissolved according to law, Party B shall return all technical materials, business files, rules and regulations, plans, memos, customer lists, financial statements or training materials managed by Party A, and shall not keep copies in any form.

4) Party A gives spiritual encouragement and special rewards to Party B for exemplary compliance with enterprise rules and regulations and excellent work performance. If Party B violates or disobeys the rules and regulations of the enterprise, Party A may give criticism, education or disciplinary action.

Article 7 Education and training

1. Party A has the obligation to provide Party B with professional ethics, pre-job training and vocational and technical training. If Party B is required to engage in special operations, it shall receive special training and hold relevant certificates.

2. Party B shall study hard technical business and scientific and cultural knowledge to improve working ability.

3. Party A invests in training Party B, and the training certificate and relevant certificates obtained by Party B shall be kept by Party A..

4. If Party A invests in training Party B, Party B shall stipulate the service period for Party A, otherwise the training expenses shall be borne by Party B, and the amount shall be calculated according to the service period. Please refer to Party A's relevant management system for specific service years and decreasing methods.

Article 8 Conditions for renewing, changing, dissolving or terminating a labor contract

1. In case of any of the following circumstances, Party A may immediately terminate this contract, and both parties shall go through the dismissal procedures according to law.

1) During the probation period, it is proved that it does not meet the employment conditions;

2) Party B seriously violates labor discipline or Party A's rules and regulations;

3) Party B commits serious dereliction of duty and engages in malpractices for selfish ends, thus causing great losses to the interests of Party A;

4) Engaging in business of the same nature as that of the company outside the office;

5) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;

6) (Note: this item does not constitute a reason for the termination of the contract)

7) Significant changes have taken place in the objective conditions on which the labor contract was concluded, so that the original labor contract can not be performed, and no agreement can be reached on the modification of the labor contract through negotiation between both parties;

8) Party B is investigated for criminal responsibility according to law.

2. In any of the following circumstances, Party A may terminate the labor contract after consulting Party B. ..

However, Party B shall be notified in writing 30 days in advance;

1) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs arranged by Party A after the medical treatment expires;

2) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment.

3. Party B may terminate this contract at any time under any of the following circumstances.

1) is in probation;

2) Party A fails to pay Party B labor remuneration and provide working conditions according to the provisions of this Contract;

3) Party A forces labor by means of violence, threat or illegal restriction of personal freedom.

4. Under any of the following circumstances, Party A shall not terminate, dissolve or dismiss Party B..

1) Party B suffers from work-related injuries or occupational diseases and is in the period of treatment and recuperation;

2) Party B suffers from occupational disease or work-related injury and is confirmed to be completely incapacitated.

3) Party B (female) practices family planning during pregnancy, delivery and lactation, unless it complies with the provisions in Item (1), (2), (3) and (4) of Article 8 of this Contract.

5. If Party B suffers from work-related injuries or occupational diseases and the medical treatment period expires, and it is confirmed by the labor appraisal committee that Party B has lost the ability to work to varying degrees, the labor contract shall be terminated or dissolved in accordance with the following provisions.

Fixed execution:

1) Party A shall not terminate or dissolve the Labor Contract if it completely loses its ability to work;

2) Party A shall not terminate or dissolve the labor contract if most of them lose their ability to work, but the labor contract may be terminated upon mutual agreement.

3) Party A shall not terminate the Labor Contract due to partial loss of labor ability. Where the Labor Contract is dissolved according to the provisions in Items (2) and (3) of this Article, the treatment of Party B must be implemented in accordance with the relevant provisions of the state and this Municipality.

6. In any of the following circumstances, the labor contract will be automatically terminated:

1) Party B is investigated for criminal responsibility or reeducation through labor according to law;

2) Party A is dissolved.

7. Either party shall notify the other party in writing 30 days in advance if it wants to terminate this contract. However, according to Item 3 of Clause 1 (1), (2), (3) and (4) of Article 8 of the Contract,

Where the labor contract is dissolved according to the provisions in items (1), (2) and (3) of Paragraph, it is unnecessary to notify the other party in advance.

Article 9 Economic compensation after the termination of a labor contract

1. If Party B proposes to terminate the labor contract before the expiration of the contract period, Party A will not give Party B any economic compensation.

2. If Party B voluntarily proposes to terminate the labor contract before the expiration of the contract period, it shall notify Party A one month in advance or substitute one month's basic salary.

Article 10 Modification of Labor Contract

1. If the laws, regulations and relevant policies on which this contract is based change, the relevant contents of this contract shall be changed accordingly.

2. If the following conditions are met, the change of the labor contract will take effect:

1) After negotiation, both parties agree to modify it.

2) The revised contract shall be reviewed by the original examination and approval authority or reported to relevant departments for the record.

3) After the expiration and termination of this contract, this contract can be renewed through negotiation between Party A and Party B. ..

Article 11 Liability for breach of contract

Any party who breaches the contract shall be liable for compensation for breach of contract. The specific amount of compensation shall be determined by the non-breaching party according to the responsibility of the person liable for breach of contract and the degree of economic losses caused to the other party or implemented according to relevant agreements.

Article 12 Other matters that Party A and Party B think need to be agreed.

1.

2.

3.

Article 13 Others

1. Party A's relevant rules and regulations are an effective part of this contract.

2. Party A shall promptly go to the institution designated by the labor and personnel administrative department to handle the employment procedures for Party B; Party B shall provide its own relevant information on its own initiative and assist Party A in handling the employment procedures.

3. This contract is made in duplicate, with each party holding one copy, which shall come into effect after being signed by both parties.

4. If Party B provides training (including overseas and domestic internships and advanced studies), provides housing or engages in work involving Party A's business secrets at its own expense during the contract period, and agrees on the necessary service period, both parties shall sign another agreement.

5. If the terms of this contract conflict with the laws, regulations and policies of China, the laws and regulations of China shall prevail.

The rules and policies shall prevail, but a transition period with a reasonable period is allowed.

6. The interpretation and modification of the terms of this contract shall be agreed by both parties through consultation.

Party A: (seal) Party B's signature (signature):

Legal representative:

Date: Year Month Day Date: Year Month Day

Verification unit (seal):

Verification date: year month day