Company labor contract format
1. Party A's name, address, postal code, telephone number, name and position of legal representative or entrusted representative.
2. Party B's name, age and ID number.
3. Laws and regulations on labor and labor contracts in the labor law.
4. Party A and Party B shall sign and seal respectively, and the representatives of both parties shall sign, and write down the effective date of the contract, including the start date and end date. Such a labor contract will be strictly enforced by law, and breach of the contract will pay corresponding liquidated damages.
Model 1 Labor Contract of the Company Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
(Party A) has employed _ _ _ _ _ _ _ _ _ _ _
I. Term of the Contract
1. Party A and Party B agree that the period from the date of the month to the date of the month. The term of the contract is _ _ _ _ years.
(II) Both parties agree that the first _ _ _ months of the validity of this agreement is the probation period.
Second, the work content
1, responsible for promoting the company's products and implementing the company's regional marketing plan.
2. Be responsible for the contact of the company's marketing and related businesses, and at the same time, file relevant customer information with the person in charge.
3. Collect, master and feedback the marketing planning, product prices, market dynamics and other information of competitors, and provide reference for the company's business decision.
4. Track and do a good job in after-sales service, properly handle customer problems in time, collect and feedback customers' opinions, suggestions and expectations on product sales, and help the company improve its business strategy and service level.
5. Obey the arrangement of Party A and complete the tasks arranged by Party A with good quality and quantity on time.
Third, the salary system.
During the promotion period, the basic salary plus commission is implemented, and the non-promotion period is only the commission method.
1. Salary during promotion: basic salary. After the probation period, the salary standard is: basic salary.
2. Non-promotion salary: after completing the promotion task, the non-promotion period is the order acceptance date. Any customer who places an order and settles the payment will get a commission, which is calculated according to 1 point.
3. Summarize the performance of each salesman every quarter, and reward the business with good performance.
4. Party A shall regularly pay Party B's salary in cash every month; The wage payment date of Party A is 15 days per month.
Four. Working hours and travel expenses
1, working hours:
1) Working hours are 10 hours (including noon) every day (8: 30 ~ 18: 30). Party B can also arrange working hours reasonably according to the needs of work, and Party A can ask Party B to go back to the company to arrange work at any time as needed. In principle, you must go back to the company to attend the weekly meeting every week. If you cannot attend due to special circumstances, you must ask for leave from the person in charge of the company one day in advance.
2) There are three days off every month, and the extra three days will be deducted according to the daily basic salary. Personal leave must be taken from the person in charge of the company one day in advance, otherwise it will be treated as absenteeism. If you don't need to travel during the non-promotion period, work normally in the company from 9:00- 18:00, and be responsible for daily contact with customers.
2. Travel expenses: the company is responsible for the promotion expenses of each salesman, the fare is reimbursed (the place and effect of the business trip need to be specified), and the meal fee is _ _ _ _ _ _ _ _ _ _ yuan/meal.
Verb (short for verb) Both parties agree.
1. Party B shall abide by the company rules and regulations formulated by Party A and obey Party A's management and work arrangements .. Party A has the right to supervise, inspect, assess, reward and punish Party B's implementation.
2. Party A has the obligation to create corresponding conditions and support for Party B to carry out business work. Party B shall not engage in any activities unrelated to its own business in the name of the company, and the company shall not bear any responsibility for all the consequences arising therefrom, and it shall be borne by itself.
3. Before signing this contract, Party B must provide copies of its ID card and household registration book, and submit them to the company for filing.
Alteration, rescission, termination and renewal of an intransitive verb labor contract
1. If the objective conditions on which Party A signed this contract change, or Party B requests to change the terms of this contract for personal reasons, it must notify the other party in writing seven days in advance, and the relevant contents of this contract can only be changed after both parties reach an agreement through consultation. When changing the labor contract, both parties shall sign a supplementary agreement.
2. In case of serious dereliction of duty, graft or disclosure of business secrets, which causes great damage to the interests of the company, Party A has the right to terminate the contract.
3. If Party B is incompetent and fails to bring any results to the company for two consecutive months, Party A has the right to terminate the contract.
4. If Party A fails to pay labor remuneration or provide working conditions as stipulated in this agreement, Party B has the right to terminate this contract.
Unless otherwise stipulated in this contract, either party shall notify the other party 30 days in advance to dissolve or terminate this contract. If the notice time is insufficient, compensation shall be paid to the other party according to the difference of the number of days and the average daily workload of Party B one month before the dissolution or termination of this contract.
7. This contract is made in duplicate, each party holds one copy, which has legal effect and comes into effect as of the date of signature by both parties.
Party A (signature): Party B (signature): Party A (signature): Party B (signature): Party B.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Mode 2 of the company's labor contract: Party A (employing unit): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (laborer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B sign this Labor Contract on the principles of voluntariness, equality and unanimity in accordance with the Labor Contract Law of People's Republic of China (PRC) and relevant laws, regulations and provisions.
Article 1 Term of Contract
This labor contract is a fixed-term labor contract, and the contract is valid from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Working conditions and office facilities enjoyed by Party B
1. Party A shall provide Party B with a safe and hygienic working environment in line with national regulations, and ensure that Party B works in an environment where personal injury and human health are not harmed.
2. Party A shall provide Party B with necessary office supplies and facilities according to the actual situation of Party B's post.
3. Party A will organize Party B to participate in necessary business knowledge training according to work needs, including attending various industry seminars and training meetings.
Article 3 Party B's post, remuneration and welfare
1. Party A employs Party B as Party A according to the needs of work. The job contents and responsibilities of the above positions are stipulated by the internal management system of Party A's employee rules and regulations.
2. Party A may adjust Party B's post at any time according to the work needs and Party B's professional characteristics, business ability and work performance.
3. According to Party B's post and position at the time of signing this contract, Party A guarantees that Party B's monthly salary is not less than RMB, and provides various insurances for Party B, including but not limited to endowment insurance, unemployment insurance, medical insurance and housing accumulation fund. After the signing of this contract, if Party B's post needs to be adjusted due to Party A's work needs, the specific salary of Party B shall be determined by both parties through consultation.
4. Employees have the right to enjoy legal holidays, marriage leave and other holidays stipulated by the state. See the company attendance management regulations for specific standards.
Article 4 Work discipline
1. Party B shall abide by the laws and regulations of People's Republic of China (PRC) and various rules and regulations and labor disciplines formulated by Party A, and consciously obey the management and personnel dispatch of Party A. ..
2. Party B shall be on duty during normal working hours. Absence such as being late, leaving early, sick leave and personal leave shall be deducted according to the company's attendance management regulations.
Article 5 Performance and modification of labor contracts
1. Party A and Party B shall fully perform their respective obligations in strict accordance with this Labor Contract.
2. Party A and Party B can change the labor contract through consultation. Changes to the labor contract shall be made in written form.
3. The change of Party A's name, legal representative, principal responsible person or investor will not affect the performance of the Labor Contract.
4. If Party A is merged or divided, the labor contract shall remain valid, and the employer who inherits its rights and obligations shall continue to perform it.
Article 6 rescission and termination of labor contract
1. Party A and Party B can dissolve the labor contract through consultation.
2. Party B may terminate the Labor Contract by giving a written notice to Party A _ _ _ days in advance. Please refer to the Administrative Measures for Resignation of Employees for specific procedures.
3. In case of any of the following circumstances, Party A may terminate the Labor Contract at any time.
(1) Party B seriously violates work discipline or Party A's rules and regulations, and fails to correct it within a reasonable period after being warned by Party A, or causes heavy losses to Party A;
(2) Engaging in malpractices for selfish ends, occupying Party A's property or colluding with a third party, maliciously revealing or selling Party A's secrets, etc. , due to subjective intent or gross negligence, causing great damage to the interests of Party A;
(3) Without Party A's permission, 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, or Party B refuses to correct it after being proposed by Party A;
(4) Being investigated for criminal responsibility according to law.
4. Under any of the following circumstances, Party A may terminate the labor contract after notifying Party B in writing _ _ _ _ days in advance or paying Party B an extra month's salary:
(1) Party B suffers from illness or non-work-related injury, and after the medical treatment expires, he is unable to take up his original job or unwilling to take up another job arranged by Party A;
(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 greatly, so that the signed labor contract can not be performed, and the parties can not reach an agreement on changing the labor contract through consultation;
(4) During the legal rectification period when Party A is on the verge of bankruptcy, or there are serious difficulties in production and operation, it is really necessary to lay off employees.
5. Under any of the following circumstances, Party A shall not terminate or dissolve the Labor Contract:
(1) Party B suffers from illness or non-work-related injury within the prescribed medical treatment period;
(2) Female employees during pregnancy, childbirth and lactation;
(3) Other circumstances stipulated by laws and regulations.
6. If Party A fails to pay labor remuneration or pay various insurances and accumulation funds for Party B as agreed in the labor contract, Party B may notify Party A to terminate the labor contract.
7. The labor contract shall be terminated under any of the following circumstances:
(1) The labor contract expires;
(2) Workers begin to enjoy basic old-age insurance benefits according to law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) The employing unit is dissolved, declared bankrupt or declared bankrupt according to law;
(5) The business license of the employing unit is revoked, ordered to close, revoked or the employing unit decides to dissolve in advance;
(6) Other circumstances stipulated by laws and administrative regulations.
8. When the labor contract expires or the termination conditions stipulated in the contract appear, the labor contract will be automatically terminated. _ _ _ _ _ months before the expiration of the labor contract, the labor contract can be renewed through consultation between both parties.
Article 7 Economic compensation
1. In any of the following circumstances, Party A shall pay economic compensation to Party B:
(1) Party A dissolves the Labor Contract according to Paragraph 4 of Article 6, Items 4 and 5 of Paragraph 7 of Article 6 or terminates the Labor Contract according to Paragraph 7 of Article 6 (1);
(2) Party B terminates the labor contract according to the sixth paragraph of Article 6;
2. The economic compensation is based on the working years of Party B in Party A and the standard of paying one month's salary to the workers every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
3. If Party B notifies Party A to terminate the employment contract because "the employing unit fails to pay the labor remuneration as agreed in the employment contract", Party A must settle the labor remuneration owed to Party B according to the standards agreed in the contract when terminating the employment contract.
4. If Party A deems it necessary to provide special training fees to Party B due to the post requirements of Party A, it may sign a service agreement with the trained workers to stipulate the service period. If Party B violates this Agreement, it shall pay liquidated damages to Party A as agreed. See Management Measures for Staff Learning and Training.
5. During the performance of this contract, if Party B has not resigned or left his post without authorization, Party B shall not disclose the business secrets such as information, technical data or customer list obtained from his original job to the new employer who is engaged in the same or similar business or has other competitive relations with Party A, otherwise Party B shall compensate Party A for its economic losses, and Party B has no right to demand economic compensation from Party A according to Article 7, paragraph 1.
Article 8 Other matters
1. Any labor disputes (including those in conflict with national laws and regulations) arising from the performance of the labor contract by Party A and Party B shall be interpreted and implemented in accordance with the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations.
2. When Party A formulates, modifies or decides the rules, regulations or major issues directly related to Party B's vital interests, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, labor quota management and performance appraisal, it shall be discussed and put forward by all employees and determined through consultation. Party A shall publicize or inform Party B of the rules, regulations and major issues directly related to Party B's vital interests.
3. If it is an internship or probation period, it depends on the company's specific internship agreement or probation agreement. If the internship or probation period is passed, this labor contract shall be signed according to the resolution signed by the chairman, and the labor term shall be calculated from the internship or probation period.
4. For other matters that both parties think need to be clarified but are not involved in this contract, both parties can sign a supplementary agreement to make adjustments.
5. This contract shall come into effect after being signed by both parties, and the time is _ _ _ _ _ _ _ _ _ _.
Party A (signature): Party B (signature): Party A (signature): Party B (signature): Party B.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model III of the Labor Contract of the Company: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the Labor Law of People's Republic of China (PRC), Party A and Party B voluntarily sign this contract through equal consultation and jointly abide by the terms listed in this contract.
I. Term of Labor Contract
first
1. The term of this contract is a fixed-term contract.
2. This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Upon the expiration of this contract, Party A and Party B can renew the labor contract through negotiation.
Second, the work content
second
1. Party B agrees to work in the company according to Party A's work needs.
2. Party A may adjust Party B's post according to the needs of the company's operation and management and Party B's business ability and performance.
3. During the period of being employed by Party A, Party B shall always guarantee to complete the delivered tasks and perform duties according to Party A's requirements.
4. Party B shall not engage in the work or private business of other companies in any form during the contract period.
Three. Labor protection and working conditions
Article 3 The Company shall implement:
() Standard working hours system
() Flexible working hours
Employees who implement the standard working hour system work 8 hours a day and 40 hours a week. If overtime is needed, it must be approved by the competent leader. The company will give overtime employees certain rewards or vacations according to company regulations. Employees who implement irregular working hours shall determine the workload according to the principle of standard working hours system, and no overtime regulations shall be implemented.
Article 4 Party B shall enjoy public holidays and holidays stipulated by the China Municipal Government, including New Year's Day; Three days of Spring Festival; There are three days off on Labor Day and three days off on National Day.
Article 5 Party A is responsible for educating and training Party B on professional ethics, business technology, labor safety and health and relevant rules and regulations.
Fourth, labor remuneration.
Article 6
1. Party A will distribute remuneration according to Party B's responsibilities and performance. During the probation period, Party B's monthly income is _ _ _ _ after the expiration of the probation period. This income includes various allowances and subsidies stipulated by the state. Party B must abide by the income confidentiality system during the employment period.
2. Party A may adjust Party B's salary and income according to its business and financial situation and Party B's performance and ability.
3. With the change of the post, Party B shall enjoy the salary of the new post according to the salary standard of Party A..
Verb (abbreviation for verb) insurance benefits
Article 7 Party A and Party B shall pay social insurance fees for employees' pension, housing, unemployment, medical care, etc. in accordance with the relevant provisions of national and local government social insurance.
Article 8 If Party B suffers from illness or non-work-related injury, the company will give him a certain medical treatment period in accordance with relevant state regulations.
Living expenses and medical expenses during medical treatment shall be implemented in accordance with relevant state regulations.
Article 9 Party B's salary and medical insurance benefits for occupational diseases or work-related injuries shall be implemented in accordance with relevant state regulations.
Article 10 Party B shall enjoy the marriage and funeral leave, maternity leave, maternity leave for female employees during pregnancy and other holidays and benefits stipulated by the China Municipal Government.
Six, labor discipline
Article 11 Party B shall abide by the rules and regulations formulated by Party A according to law; Strictly abide by labor safety and health, operating rules and work norms; Take care of Party A's property; Abide by professional ethics; Actively participate in the training organized by Party A to improve ideological awareness and vocational skills.
Article 12 If Party B violates labor discipline or the company's articles of association and system, Party A will give Party B disciplinary action. If the circumstances are serious, the company has the right to terminate this contract immediately.
Seven. Alteration, termination and rescission of the labor contract
Article 13 If the laws, administrative regulations and rules on which this contract is based change, the relevant contents of this contract shall be changed.
Article 14 The relevant contents of this contract can be changed through negotiation between both parties.
Article 15 The Contract may be dissolved through negotiation between Party A and Party B. ..
Article 16 In case of any of the following circumstances of Party B, Party A may terminate this Contract without notifying Party B in advance:
1. If it is proved that it does not meet the employment conditions during the probation period:
① Party B cannot meet the employment requirements of Party A when recruiting;
② The superior of Party B's post has the right to decide whether Party B meets the employment conditions.
2. Party B seriously violates labor discipline or Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to Party A's image, interest image and interests;
4. Being investigated for criminal responsibility or reeducation through labor according to law;
5. For personal reasons, Party B loses the professional qualifications required for the current job, such as driver's license, accounting post certificate, etc.
6. Party A adjusts the work content of Party B due to business needs, and Party B refuses to accept the job transfer opportunity;
7. Party A's reputation, image and business suffer losses due to Party B's immoral or uncivilized behavior.
After the termination of this contract, Party A reserves the right to claim compensation from Party B for the economic losses caused to Party A during the employment period.
Article 17 Under any of the following circumstances, Party A may 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 job or other jobs arranged by Party A after the medical treatment prescribed by the state expires;
2. Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
Article 18 In case of any of the following circumstances of Party B, Party A shall not terminate this contract according to Article 20 of this contract:
1, sick or injured at work, within the medical treatment period stipulated by the state;
2. Female employees during pregnancy, childbirth and lactation;
3. Party B suffers from occupational disease or work-related injury, and the medical treatment expires, and it is confirmed by the labor appraisal committee that Party B has completely or partially lost the ability to work.
Article 19 When Party B terminates this contract, it shall notify Party A in written form 30 days in advance, and go through the formalities for the termination of the labor contract. Before the termination formalities are completed, Party B shall not leave the company without authorization. Under any of the following circumstances, Party B shall not terminate the Labor Contract:
The economic losses caused by 1. to Party A have not been thoroughly dealt with;
2, by the relevant state organs in accordance with the law to review the case has not been closed;
3. There is an agreement with Party A on the service period of training and house purchase subsidy, and the service period has not expired.
After the termination of the labor contract, if it is verified that Party B has caused economic losses to Party A during his employment or during the dismissal formalities, Party A has the right to demand compensation from Party B. ..
Article 20 Under any of the following circumstances, Party B may notify Party A to terminate this contract at any time:
1, during the probation period;
2. Party A forces labor by means of violence, threat, imprisonment or illegal restriction of personal freedom;
3. Party A fails to pay labor remuneration or provide working conditions in accordance with the provisions of this contract.
Eight, trade secrets and intellectual property rights
Article 21 Party A's business secrets include:
1, plans, projects, schemes, sales, market advertising, product development, finance and other related information.
2. Party A's human resources information, such as human resources policies or plans.
3. Other company information that Party A is obliged to keep confidential.
Article 22 Party B shall not disclose Party A's business secrets to a third party during Party A's tenure or when this contract is terminated or dissolved.
Article 23 When this contract is terminated or dissolved, Party B shall return to Party A the property, documents and records (such as documents, materials, drawings, tapes, disks, notes, etc.) related to customers and agents provided by Party A or obtained by Party B during the employment period. ), shall not be transferred to others or destroyed or taken out.
Article 24 After the termination or dissolution of this contract, unless Party B requests Party A's legal adviser or other designated personnel in advance and obtains Party A's written consent, Party B shall not disclose the business secrets obtained during the employment.
Nine. Handling of labor disputes
Article 25 In case of a labor dispute arising from the performance of this contract, the parties concerned shall apply to the local labor dispute arbitration committee for arbitration within 60 days from the date of the labor dispute. If you are not satisfied with the arbitration, you can bring a lawsuit to the people's court.
Article 26 Once this contract is signed, it shall have legal effect. If either party breaches the contract, it shall bear the liability for breach of contract.
Article 27 If the matters not covered in this contract are inconsistent with the relevant national regulations in the future, the relevant regulations shall prevail.
Article 28 This contract is made in duplicate, with each party holding one copy.
Article 29 According to the requirements of local labor laws and regulations, Party A and Party B agree to add the following clauses:
Article 30 Both parties confirm to deliver relevant documents to the other party at the following mailing address. If one party needs to change the following information, it shall inform the other party in advance in time, otherwise it shall bear its own responsibilities.
Party A (signature): Party B (signature): Party A (signature): Party B (signature): Party B.
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