1, chairman of enterprise trade union

The former Ministry of Labor's Opinions on Several Issues Concerning the Implementation of the Labor Law and the Ministry of Labor's Answers on Issues Related to the Labor Contract in the Implementation of the Labor Law stipulate that the full-time staff of the Party and the masses, such as the chairman of the trade union, are also employees and sign labor contracts with the employing units in accordance with the provisions of the Labor Law. If there are special provisions, it can be handled in accordance with relevant regulations. The former Ministry of Labor (1996)No. 122 stipulated that the chairman of the enterprise trade union, as a laborer, should also sign a labor contract with the employer. However, considering the actual situation during the transition period of the labor system, the trade union chairman who has not yet concluded a labor contract can sign a labor contract with the superior competent department of the enterprise like the party secretary, factory director and manager.

2. Party Secretary of the enterprise

The secretary of the Party Committee of an enterprise may apply with reference to the ministerial regulations cited by the above-mentioned trade union chairman.

3. Factory Director and Manager

According to the Ministry of Labor's "Answers to Questions about Labor Contract in the Implementation of Labor Law", if the factory director and manager are appointed (employed) by the superior competent department, they shall sign a labor contract with the appointment (employment) department. The director, manager and relevant management personnel of a company-based enterprise shall sign a labor contract with the board of directors in accordance with the relevant provisions of the Company Law on managers and management personnel.

4, sent to joint ventures, equity units of workers.

According to Document No.309 (1995) of the Ministry of Labor, if the employees sent to the joint venture or share-holding unit still maintain labor relations with the original unit, they should sign a labor contract with the original unit, and the original unit can specify the salary, insurance, welfare, vacation and other related treatment of the employees when signing the labor contract with the joint venture or share-holding unit.

5, leasing, contracting enterprises

The ownership of the leased and contracted enterprises has not changed, and the name of the legal person has not changed. When signing a labor contract with an employee, the enterprise is still an employer. According to the lease contract or contract, the lessee and the contractor, as the' legal representative' of the enterprise or the authorized client of the legal representative, may conclude a labor contract with the laborer on behalf of the enterprise.

6. Non-employees on the job

According to the provisions of document 19971February 15 of the Ministry of Labor. (1995)309 and No (1996)354. The employing unit shall sign labor contracts with its surplus personnel, those on long vacation, those on secondment, those who go to school with pay, those who are on long-term sick leave and other personnel who are not on the job but still maintain labor relations. However, the content of the labor contract can be different from that of the incumbent. Both parties can negotiate to change some clauses, or make provisions or agreements on relevant matters in the labor contract during the off-duty period, or sign special agreements on relevant contents.

1. Appointment and removal

The appointment and removal of senior managers is different from that of ordinary employees, which is mainly stipulated by the Company Law and other laws. For example, according to the Company Law, the employer has no right to directly appoint or remove senior managers without the resolution of the board of directors of the employer. Therefore, when signing a labor contract, it should be clearly stipulated in order to distinguish it from the labor contract of ordinary employees.

2. Overtime pay

For senior managers, their job nature is different from that of ordinary workers. In practice, it often happens that the company's top management asks the company to pay overtime after leaving the company, so the employer should pay attention to solving this problem when signing the labor contract.

3. Confidentiality clause

As the senior managers will come into contact with the business secrets of the employer, in order to prevent the senior managers from revealing the business secrets to others and harming the interests of the employer, it is necessary to add a confidentiality clause in the labor contract and stipulate the responsibilities that should be borne for violating the confidentiality clause.

4. Non-competition clause

Non-competition means that an employer may not engage in similar business or hold positions in other employers that are competitive with the employer, nor may it produce similar products or engage in similar business with the original employer during the employment period or within a certain period after the termination or dissolution of the labor contract. In order to better protect the interests of employers, non-competition clauses are added to the labor contracts signed with senior managers according to actual conditions.