Party A (employer): _ _ _ _ _ _

Party B (Party B): _ _ _ _ _ _

Party A and Party B sign this contract on the principle of voluntariness, equality and consensus in accordance with the relevant laws and regulations of the state and _ _ _ _ _ _.

Article 1 Term of Contract

1. The validity of this contract: from _ _ _ _ _ _ _

2. One month before the expiration of the employment contract, the employment contract can be renewed with the consent of both parties through consultation.

3. The term of signing the employment contract shall not exceed the retirement time stipulated by the state. If the country and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

4. After the expiration of this contract, if either party thinks that the employment contract will not be renewed, it shall notify the other party in writing one month before the expiration of this contract.

Article 2 Probation period:

The probation period is _ _ _ _ _ _ _ days, starting from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 3 Work

1. Party A shall sign a post employment contract with Party B according to the needs of work tasks and Party B's post intention, and define Party B's specific post and responsibilities.

2. Party A may adjust Party B's post according to the work needs and Party B's business, work ability and performance, and re-sign the post employment contract.

Article 4 Working conditions and labor protection:

1. Party A works _ _ _ hours a week and _ _ _ _ hours a day.

2. Party A shall provide Party B with a safe and hygienic working environment in line with national regulations, and ensure Party B's personal safety and work in an environment that does not endanger personal safety.

3. Party A shall provide Party B with necessary labor protection articles according to the actual situation of Party B's post and relevant national regulations.

4. Party A can organize Party B to participate in necessary business knowledge training according to the needs of work.

Article 5 Remuneration for work:

1. According to the relevant regulations of the state, municipal government and units, Party A pays Party B the salary of RMB yuan per month.

2. Party A adjusts Party B's salary according to the relevant regulations of the state, municipal government and units.

3. Party B enjoys the stipulated welfare benefits.

4. Party B shall enjoy statutory holidays, winter and summer vacations, family leave, marriage leave, family planning and other holidays stipulated by the state.

5. Party A shall pay endowment insurance, unemployment insurance and other social insurance for Party B on time.

Article 6 Work discipline, rewards and punishments:

1. Party B shall abide by national laws and regulations.

2. Party B shall abide by Party A's rules and regulations and labor discipline, and consciously obey Party A's management and education. ..

3. Party A will reward Party B according to the relevant regulations of the municipal government and units and Party B's work performance and contribution. ..

4. If Party B violates Party A's rules and regulations and labor discipline, Party A will punish it according to the relevant regulations of the municipal government and the unit.

Article 7 Sick leave and personal leave:

1. When Party B asks for sick leave, it must have the certificate from the doctor designated by Party A. During a contract period (_ _ _ _ _ _ _ _ _ _ year or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. If the contract is not terminated, the salary shall be paid at _ _ _ _ _ _% until the normal work is resumed. During the contract period, the medical expenses incurred by Party B in the hospital designated by the local government on business trip shall be paid by Party A; The medical expenses for going out for personal treatment are self-care.

2. Party B's leave must be approved by Party A, and Party A will deduct the salary on a daily basis. During the contract period (_ _ _ _ _ _ _ year or _ _ _ _ _ _ _ school year), if he leaves his post without Party A's consent, the accumulated leave shall not exceed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. He will be absent for _ _ _ _ _ _ _ _ days.

Article 8 Modification, termination and dissolution of a labor contract:

1. After the employment contract is signed according to law, both parties to the contract must fully perform their obligations stipulated in the contract, and neither party may change the contract without authorization. If it is really necessary to change the contract, both parties shall reach an agreement through consultation and change the contract according to the original signing procedure. If both parties can't reach an agreement, the original contract is still valid.

2. When the employment contract expires or the termination conditions agreed by both parties appear, the employment contract will be automatically terminated. One month before the expiration of the employment contract, the employment contract may be renewed with the consent of both parties through consultation.

3. The employment contract will be automatically terminated when the company of Party A cancels.

4. The employment contract can be terminated after both parties reach an agreement through consultation.

5. If Party B has any of the following circumstances, Party A may terminate the employment contract.

(1) is proved not to meet the employment conditions during the probation period;

(two) a serious violation of work discipline or the rules and regulations of the employer;

(3) Deliberately failing to complete the task, causing serious losses to the company;

(4) Serious dereliction of duty and graft, which causes great damage to the interests of Party A;

(5) Being investigated for criminal responsibility according to law.

6. Under any of the following circumstances, Party A may terminate the labor contract, but it shall notify Party B in writing 30 days in advance.

(1) After the expiration of medical treatment for illness or non-work-related injury, Party B is unable to take up the original job or unwilling to take up other appropriate jobs 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) Party B fails to perform the labor contract.

7. Under any of the following circumstances, Party A shall not terminate or dissolve the Labor Contract.

(1) Party B is sick or injured within the prescribed medical treatment period;

(2) Female employees during pregnancy, childbirth and lactation;

(3) Other circumstances stipulated by laws and regulations.

8. In any of the following circumstances, Party B may notify the employing unit to terminate the employment contract.

(1) is in probation;

(2) Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract.

9. Party B shall notify Party A in writing 30 days in advance if it wants to terminate the labor contract.

Article 9 Economic compensation for violation and dissolution of labor contracts:

1. The parties to the labor contract reach an agreement through consultation that if Party A terminates the labor contract (excluding the probation period), Party A shall pay the economic compensation equivalent to one month's salary for each year, with a maximum of twelve months.

2. If Party B is incompetent for the job and Party A cancels the employment contract after training or post adjustment, Party A shall pay Party B the economic compensation equivalent to one month's salary for each full year of working in this unit, with a maximum of twelve months.

3. Significant changes have taken place in the objective conditions on which the labor contract was concluded, so that the signed labor contract cannot be performed. If both parties cannot reach an agreement on changing the labor contract through consultation, and Party A terminates the labor contract, Party A will pay the economic compensation equivalent to one month's salary for each year of working in the company.

4. If Party A's unit is revoked, Party A shall pay economic compensation according to the working years of Party B in this unit before being revoked. Pay economic compensation equivalent to one month's salary for every full year of working hours. (The calculated salary of economic compensation is the average salary of Party B in the previous year when the Labor Contract is dissolved).

5. During the performance of the labor contract, if Party B requests to terminate the labor contract, it shall pay liquidated damages to Party A as the basic salary of the month according to the time limit stipulated in the labor contract.

6. If Party B notifies Party A to terminate the labor contract because Party A fails to pay the labor remuneration as agreed in the labor contract, Party A shall settle and terminate the labor contract as agreed in this contract and pay the unpaid labor remuneration at the same time.

Article 10 Other matters:

1. In case of personnel disputes arising from the performance of the employment contract, Party A and Party B shall first apply for arbitration according to law. If one party refuses to accept the arbitration award, it may bring a lawsuit to the people's court.

2. This contract is made in triplicate, two for Party A and one for Party B, and shall come into effect after being signed by both parties.

3. In case of any conflict between the terms of this contract and the national laws and regulations, the national laws and regulations shall prevail.

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

Representative (signature): _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _

Extended data:

Legal characteristics

1, both sides of its subject are equal and there is no subordinate relationship. The subjects of employment legal relations are equal legal relations, no matter the emergence, change, elimination and performance of employment legal relations, they are equal, and there is no subordinate relationship between management and being managed.

2. It is characterized by the dominant will of the parties. As a kind of employment legal relationship, its emergence, change and elimination all have traces of the parties' expression of will. It embodies the autonomy of the parties, and the national will basically does not interfere.

3, it is mainly in the field of circulation, not in the process of social labor.

compensation for damages

Tort liability in employment relations There are two main types of damages in employment relations disputes, which are stipulated by China laws and often involved:

1, one is the employer's compensation dispute, which refers to the employer's legal responsibility for the damage caused to the third party by the employee in the process of performing his duties, also known as the employee's liability for damages.

2, the other is the employee compensation dispute, which means that the employee has suffered damage when completing the task assigned by the employer, so the employer bears civil liability.

In both cases, the existence of employment relationship is the premise for the employer to bear civil liability. The liability for civil damages in employment disputes exists the concurrence of tort liability and breach of contract liability. According to the law of our country, unless the plaintiff who has the right of appeal has made a choice, he is allowed to freely choose which kind of lawsuit to sue. If the plaintiff chooses to pursue the civil liability of the employer with tort liability, then it is necessary to legally determine the tort nature of damages in employment relations disputes.

First of all, the tortfeasors in China can be divided into two categories: general tort and special tort. General tort has four elements, namely:

1, infringing;

2. The fact of damage does exist;

3. There is a causal relationship between the illegal act and the damage result;

4. The violator is subjectively at fault.

The imputation principle of general tort liability is the principle of fault liability, which refers to the principle that the subjective fault of the parties is the constitutive element of tort. Paragraph 2 of Article 106 of the General Principles of the Civil Law stipulates that citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. The so-called fault is a subjective psychological state of intention or negligence when the actor decides his own behavior. Under fault liability, the principle of "who claims for compensation and who gives evidence" applies to the general tort liability behavior, and the victim has the obligation to provide corresponding evidence to prove that the actor is subjectively at fault, so as to ensure that his claim is supported.

There are two imputation principles for special torts:

One is the principle of no-fault liability and the other is the principle of presumption of fault. The principle of no-fault liability refers to the principle that although the parties have subjectively carried out the damage without fault, they should still bear the responsibility according to law. The third paragraph of Article 106 of the General Principles of Civil Law of China stipulates that those who are not at fault but should bear civil liability according to the law shall bear civil liability. With the development of society and the increasing number of dangerous objects, there are more and more cases of damage caused by the perpetrator without fault. It's getting harder and harder to prove the fault of the wrongdoer. Based on the purpose of social fairness and justice and effective protection of victims' interests, the principle of no-fault liability has gradually become an independent liability principle and has been applied in tort law.

Pay attention to the application of the principle of no-fault liability;

1, which can only be applied when the law clearly stipulates it;

2. The victim doesn't need to prove the fault of the perpetrator, and the perpetrator can't be exempted if he proves his innocence;

3. The plaintiff only needs to prove the existence of damage facts and causality;

4. China implements the principle of conditional relative no-fault liability, which can be exempted in whole or in part if there are legal reasons. Such as force majeure, the victim's intention and so on.

The principle of presumption of fault means that if the defendant cannot prove that he is not at fault for the occurrence of the damage result, he is presumed to be at fault according to law and should bear civil liability for the damage result. In fact, the burden of proof of fault liability is attributed to the defendant, and the burden of proof is reversed. The principle of presumption of fault is still based on fault, so it is not an independent imputation principle, but a special form of fault liability principle.

In this form of liability, the victim only needs to prove that the perpetrator has committed the injurious act and caused the harmful consequences, and there is a causal relationship between the injurious act and the harmful consequences. There is no need to prove the subjective fault of the perpetrator, but it can be directly presumed that the perpetrator has subjectively existed and should bear corresponding responsibilities. In order to avoid responsibility, the actor must prove that he has no subjective fault. It must be noted that the principle of presumption of fault liability can only be applied if the law clearly stipulates it.

Second, the remuneration in the employment relationship. In "General Principles of Civil Law", our country has not included the compensation for damages in employment disputes into the category of special tort. Article 45 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law stipulates: "If the personnel employed by individual industrial and commercial households, rural contracted households and partnership organizations cause damage to others in the production and business activities agreed in the employment contract, their employing units shall be the parties." The Provisions on the Cause of Action of Civil Cases issued by the Supreme People's Court has included the compensation for damages in labor relations disputes in the "Special Tort Disputes" section. It can be seen that China has classified the liability for civil damages in employment relations disputes as special tort liability.

Third, the principle of liability for damages in labor disputes In the case of compensation for damages in labor disputes, neither the principle of fault liability nor the principle of fault presumption can be applied to the civil liability of employers. Because if the principle of fault liability is applied, the defendant, as the plaintiff, must prove that he is at fault for the damage he has caused, that is, the principle of "whoever claims and gives evidence" should be applied; If the principle of presumption of fault is applied, the employer can not be liable as long as he proves that he is not at fault for causing damage to employees or third parties.

In the case of applying the principle of fault liability, it is difficult for the plaintiff to adduce effective evidence to prove that the employer is at fault, which is not feasible in practice and is not conducive to protecting the rights of employees. In the case of applying the principle of presumption of fault liability, employers are often in an advantageous position, and it is easy to find evidence to prove employees' "fault" by using the resources they have (such as the testimony of other employees). For the purpose of social fairness and justice and effective protection of victims' interests, it is obvious that the principle of presumption of fault liability cannot be applied.

If the principle of no-fault liability is applied to the compensation for damages caused by employment disputes, the plaintiff only needs to cite the evidence of the existence of the employment relationship and the fact that he has been damaged, and it is not necessary to prove whether the employer is at fault for the plaintiff's damage, and the employer shall bear civil liability, which is in line with the legislative spirit of labor law and contract law. It also meets the requirements of social fairness and justice and effective protection of the interests of victims. If a third person or employee is at fault for his own damage, he shall bear corresponding civil liabilities in accordance with Article 13 1 of the General Principles of the Civil Law.

If the employer has evidence to prove that the damage was intentionally caused by a third person or its employees, it may be exempted from liability according to law. It is in line with the social development and reality of our country to adopt the principle of no-fault liability to deal with damages in labor disputes.

Baidu Encyclopedia: Employment Relationship