How to do the teahouse labor contract?

Dongguan labor contract model

Party A (employing unit): Party B (employee):

Name:? Name:?

Legal representative: ID number:

Address:? Current address:?

Economic type:?

Tel: Tel:

According to the Labor Law of People's Republic of China (PRC) and relevant national and provincial regulations, Party A and Party B sign this contract on the principle of equality, voluntariness and consensus.

I. Term of the Contract

(1) Term of the contract

Both parties agree to abide by the following terms? Determine the term of this contract in one way:

1. There is a fixed term: from year? Month? Day after day? Month? Day stop.

2. Open-ended: When does it start? Month? From the date when the termination conditions agreed in this contract appear (legal termination conditions shall not be agreed as termination conditions).

3. The deadline is to finish some work: from? Month? Day after day?

Stop after the task is completed.

(2) Probation period

Both parties agree to abide by the following terms? There are three ways to determine the probation period (the probation period is included in the contract period):

1, no probation period.

2. When does the probation period start? Month? Day after day? Month? Day stop.

(The probation period is no longer than six months. If the contract term is less than six months, the probation period shall not exceed fifteen days; If the contract term is more than six months but less than one year, the probation period shall not exceed thirty days; If the contract term is more than one year but less than two years, the probation period shall not exceed 60 days. )

Second, the work content

(1) What is Party B's position (work place, department, type of work or position)?

(2) What is Party B's task or responsibility?

(3) Party A's adjustment of Party B's post due to production and operation needs shall be treated as a change of this contract, and the agreement or notice signed by both parties shall be an annex to this contract.

(4) If Party A sends Party B to work in other units, it shall sign a supplementary agreement.

Three. working hours

(1) Party A and Party B agree to implement the following terms? The working hours of Party B shall be determined in one of the following ways:

1, standard working hour system, that is, daily work? Hours, work every week? Days, 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 implements comprehensive calculation of working hours and accumulates working hours.

(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.

Fourth, wages and benefits.

(1) Party B's salary for normal working hours shall be based on the following items (? ) form, shall not be lower than the local minimum wage.

1. Party B's probation salary? Yuan/month; The salary after the probation period is RMB/month (? Yuan/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.

(III) Party A adjusts Party B's salary according to the operating conditions of the enterprise and the salary distribution method formulated according to law. If Party B does not raise any objection within 60 days, it shall be deemed as agreement.

(4) Every month? Pay wages every day. In case of holidays or rest days, pay in advance to the nearest working day.

(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.

Verb (abbreviation of verb) labor protection and working conditions

(1) Party A shall, in accordance with the relevant national and provincial 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 pay all items according to labor protection regulations? (year/quarter/month) Arrange for Party B to have a free physical examination.

(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.

Intransitive verb social insurance and welfare

(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) Does Party B suffer from occupational diseases? Party A's work-related injury or death shall be handled in accordance with the Regulations on Industrial Injury Insurance.

(IV) Party A shall give Party B paid holidays such as vacation, annual leave, marriage leave, funeral leave, family leave, maternity leave and nursing leave according to regulations, and pay the salary according to the salary standard agreed in this contract.

Seven, labor discipline

(1) All rules and regulations formulated by Party A through democratic procedures according to relevant national and provincial laws and regulations shall be publicized to Party B; Party B shall consciously abide by the relevant national and provincial labor laws and regulations 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 A has the right to inspect, supervise, assess, reward and punish Party B's system implementation.

(III) If Party B knows Party A's business secrets, Party B has the obligation to keep them for Party A, and has reached the following agreement:

Eight. Changes to this contract

(1) If either party requests to change the relevant contents of this contract, it shall notify the other party in writing.

(2) Party A and Party B may amend this contract through consultation and go through the formalities for amending the contract.

Nine. Termination of this contract

(1) This contract can be dissolved through negotiation between Party A and Party B. If Party A dissolves this contract, it shall pay economic compensation according to regulations.

(II) In any of the following circumstances, Party A may unilaterally terminate this contract:

1. It is proved that it does not meet the employment conditions during the probation period;

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

3. Party B seriously neglects his duty and engages in malpractices for personal gain, thus causing great damage to the interests of Party A;

4. Party B is investigated for criminal responsibility according to law;

5. Party A stops business, is on the verge of bankruptcy and is undergoing legal rectification, or has serious difficulties in production and operation;

6. Party B suffers from illness or non-work-related injury, and cannot engage in the work agreed in this contract or other work arranged by Party A after the medical treatment expires;

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

8. The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to be performed, and both parties cannot reach an agreement on the modification of this contract through consultation;

9. The dissolution conditions agreed in this contract appear.

If Party A dissolves this contract according to the provisions of Items 5, 6, 7, 8 and 9 of this contract, it shall notify Party B in writing 30 days in advance and pay economic compensation to Party B according to the provisions. If Party A dissolves this contract according to the provisions of Item 6 and meets the relevant provisions, it shall also pay medical subsidies to Party B..

(3) Party B shall notify Party A in writing 30 days in advance of the termination of this contract.

However, under any of the following circumstances, Party B may terminate this contract at any time:

1, during the probation period;

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

3. Party A fails to pay labor remuneration according to the provisions of this contract, and deducts or defaults on wages without reason.

4. Confirmed by the relevant state departments, Party A's labor safety and health conditions are bad, which seriously endangers Party B's health;

(IV) Party A shall not terminate this contract under any of the following circumstances:

1. Party B suffers from illness or non-work-related injury within the prescribed medical treatment period;

2. Party B suffers from occupational disease or work-related injury, and is confirmed to have lost or partially lost the ability to work by the labor ability appraisal committee;

3. Female employees during pregnancy, childbirth and lactation;

4. Other circumstances stipulated by laws and regulations.

(V) After the termination of this contract, Party A and Party B shall go through the relevant procedures for terminating the labor contract within seven days.

X. termination of this contract

The Contract shall be terminated when it expires or the termination conditions agreed by both parties appear.

One month before the expiration of this contract, Party A shall submit a written intention to terminate or renew the labor contract to Party B, and handle relevant formalities in time.

XI。 Breach of contract and liability

(1) Party A's breach of contract and liability for breach of contract:

(II) Party B's breach of contract and liability for breach of contract:

Twelve. Mediation and arbitration

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 Mediation Committee of this enterprise for mediation; If mediation fails, it may apply to the local labor dispute arbitration committee for arbitration within 60 days from the date of the dispute; You can also directly apply to the labor dispute arbitration commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court within fifteen days.

Thirteen. others

(1) Matters not covered in this contract shall be handled in accordance with relevant national and local policies and regulations. During the contract period, if the terms of this contract conflict with the new national and provincial regulations on labor management, the new regulations shall prevail.

(2) The following documents are annexes to this contract and have the same effect as this contract:

1、? .

2、? .

3、? .

(3) Agreement between the two parties (the contents shall not violate laws, regulations and relevant provisions, and additional pages may be attached for signature or seal by both parties):

Party A: (seal) Party B: (signature or seal)

Legal representative:

(or entrusted agent)

20? Year? Month? Day? 20? Year? Month? sun

Certification body (seal):

Verifier:

Forensic identification date: 20? Year? Month? sun

Labor contract change agreement

Through equal consultation, Party A and Party B unanimously agree to make the following changes to the Contract:

Party A: (seal) Party B: (signature or seal)

Legal representative:

(or entrusted agent)