Model labor contract

Employer (Party A):

Address (Party A):

Employee (Party A):

Use it to explain.

First, when the employer and the employee sign a labor contract, both parties should read the labor contract carefully. Once the labor contract is signed according to law, it has legal effect and both parties must strictly perform it.

2. The labor contract shall be valid only after the legal representative (or entrusted agent) of the employer (Party A) and the employee (Party B) personally sign and affix the official seal (or special seal for labor contract) of the employer.

3. The blank columns in the reference text of this contract shall be clearly filled in after being determined by both parties through consultation; Please tick "/"in the blank space that you don't need to fill in.

Four. Party B's job content and its category (management or professional skills/worker category) shall be clearly agreed with reference to the occupational classification and skill standards stipulated by the state. The scope and conditions of the change can be specified in Article 12 of the contract reference text.

Five, the working hours system is divided into standard working hours, irregular working hours and comprehensive calculation of working hours. Where the system of irregular and comprehensive calculation of working hours is approved by the labor administrative department, the specific content shall be indicated and agreed in Article 12 of this reference text.

Six, the wages of the agreed normal working hours of employees should be specific and clear, and shall not be lower than the minimum wage this year; The implementation of piecework wages can be listed in Article 12 of this reference text, or a supplementary agreement can be signed.

Seven, the representatives elected by the trade unions or employees of the unit and the employing unit can conduct collective consultations on matters such as wages, working hours, rest and vacation, labor safety and health, insurance and welfare, and sign collective contracts. The labor standards for individual workers to conclude labor contracts with employers shall not be lower than those stipulated in collective contracts.

Eight. Upon consensus of both parties, it may be agreed in Article 12 of the reference text to modify the terms of the reference text of the labor contract or to agree on matters not covered, or a supplementary agreement may be signed separately through consultation; A supplementary agreement signed separately, as an annex to the labor contract, shall be performed together with the labor contract.

Nine, when signing the labor contract, please fill in with a pen or signature pen, the handwriting must be clear, and it is not allowed to be altered unilaterally. X. This text is not applicable to part-time jobs.

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

Name: Name:

Legal representative (principal responsible person): ID number:

Household registration address:

Economic type:

Mailing address: Mailing address:

Contact person: Tel: Tel:

Party A and Party B sign this contract in accordance with the Labor Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Contract Law) and the relevant provisions of the state, province and city, and following the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility.

I. Type and duration of the contract

Article 1 The type of this contract is _ _ _ _. Duration: _ _ _ _ _ _.

(1) Fixed-term contracts. The term is _ _ _ _ years, from _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _.

(2) contracts with no fixed term. Start with _ _ _ _ _ _ _ _.

(3) A contract whose term is to complete a certain task. Specifically: _ _ _ _ _ _.

Second, the probation period

Article 2 The probation period of this contract starts from the date of month to the date of month.

Article 3 The employment conditions are: _ _ _ _ _ _.

Three. Work content and work place

Article 4 The work content of Party B is: _ _ _ _ _ _.

Article 5 The work place of Party B is.

Fourth, working hours and rest and vacation.

Article 6 Party B's post implements the _ _ _ _ working hour system, specifically: _ _ _ _.

Article 7 Party A shall strictly implement the national regulations on rest and vacation, and the specific arrangements are as follows:

Party A shall strictly abide by the national regulations on overtime work, and if it is necessary to work overtime due to production and operation, it shall be determined through consultation with Party B..

Verb (abbreviation of verb) labor remuneration

Article 8 The wage calculation and payment form of this contract is _ _ _ _.

(1) timing form. Party B's monthly salary is RMB (including RMB during probation).

(2) segmented form. The labor quota of Party B is _ _ _ _, and the piece rate is _ _ _ _.

Article 9 Party A shall pay Party B's salary in full in cash every month.

Article 10 During the performance of this contract, Party B's salary adjustment shall be determined according to Party A's salary distribution system.

Article 11 Where Party A arranges for Party B to extend working hours or work on rest days or legal holidays, it shall arrange for Party B to take compensatory time off or pay corresponding wages according to law.

Social insurance of intransitive verbs

Article 12 Party A shall take out social insurance for Party B in accordance with the relevant provisions of the state and this Municipality on social insurance.

Article 13 Where Party B suffers from illness or non-work-related injury, his sick pay, disease relief fund and medical treatment shall be implemented in accordance with the relevant regulations of the state and this Municipality.

Article 14 Party B's wages and work-related injury insurance benefits for occupational diseases or work-related injuries shall be implemented in accordance with the relevant regulations of the state and this Municipality.

Seven, labor protection, working conditions and occupational hazard protection

Article 15 Party A shall establish and improve the production process, and formulate operating rules, work norms, labor safety and health systems and standards. Party A shall fulfill its obligation to inform Party B of the positions that may cause occupational hazards, and do a good job in preventing occupational hazards in the labor process.

Article 16 Party A shall provide Party B with necessary working conditions and a safe and hygienic working environment, and distribute labor protection articles and heatstroke prevention and cooling articles to Party B according to the production and operation characteristics of the enterprise and relevant regulations.

Article 17 Party A shall, according to its own characteristics, educate and train Party B in political ideology, professional ethics, business technology, labor safety and health and relevant rules and regulations in a planned way, so as to improve Party B's ideological consciousness, professional ethics level and professional skills.

Party B shall seriously participate in all necessary education and training organized by Party A. ..

Eight. Performance and change of labor contract

Article 18 Party A shall provide Party B with appropriate workplace, working conditions and posts as agreed, and pay Party B labor remuneration on time. Party B shall earnestly fulfill its labor obligations and personally complete the tasks agreed in this contract.

Article 19 Party A and Party B may change the contents of this contract through consultation and confirm it in writing.

Nine. termination of labor contract

Article 20 This contract can be dissolved after both parties reach an agreement through consultation.

Article 21 Party B may notify Party A in writing to terminate this contract 30 days in advance. During the probation period, Party B may notify Party A to terminate this contract three days in advance.

Article 22 Under any of the following circumstances, Party B may terminate this contract:

(1) Failing to provide labor protection or working conditions as agreed in this Contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for Party B according to law;

(4) Party A's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of Party B;

(5) The Contract is invalid due to the circumstances specified in the first paragraph of Article 26 of the Labor Contract Law;

(VI) Other circumstances under which Party B can dissolve the Contract as stipulated by laws and administrative regulations.

If Party A forces Party B to work by means of violence, threat or illegal restriction of personal freedom, or if Party A commands or forces risky operations in violation of regulations to endanger Party B's personal safety, Party B may immediately terminate this contract without notifying Party A in advance.

Article 23 If Party B is in any of the following circumstances, Party A may terminate this contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(2) Party B seriously violates Party A's rules and regulations;

(3) Serious dereliction of duty and graft, causing great damage to Party A;

(4) 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 tasks, or refuses to make corrections after being put forward by Party A;

(5) The Contract is invalid due to the circumstances specified in Item 1, Paragraph 1, Article 26 of the Labor Contract Law;

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

Article 24 In case of any of the following circumstances, Party A may terminate this contract after notifying Party B in writing 30 days in advance or paying Party B an extra month's salary:

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

(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 this contract was concluded have changed greatly, which makes this contract impossible to perform, and Party A and Party B cannot reach an agreement on changing the contents of this contract through consultation.

Article 25 In case of any of the following circumstances of Party B, Party A shall not terminate this contract according to the provisions of Article 24:

(1) Party B is engaged in operations that are exposed to occupational hazards, and fails to undergo occupational health examination before leaving the post, or Party B is suspected to be an occupational disease patient during diagnosis or medical observation;

(2) Party B suffers from occupational diseases or work-related injuries during the work of Party A and is confirmed to have lost or partially lost the ability to work;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

(5) Having worked in Party A continuously for fifteen years and less than five years before the statutory retirement age;

(6) Other circumstances stipulated by laws and administrative regulations.

X. termination of labor contract

Article 26 This contract shall be terminated in any of the following circumstances:

(1) The contract expires;

(2) Party B begins to enjoy the basic old-age insurance benefits according to law;

(3) Party B dies, or is declared dead or missing by the people's court;

(4) Party A is declared bankrupt according to law;

(5) Party A's business license is revoked, ordered to close or cancel, or Party A decides to dissolve in advance;

(6) Other circumstances stipulated by laws and administrative regulations.

Article 27 After the expiration of this contract, if one of the circumstances agreed in Article 25 occurs, this contract shall continue until the corresponding circumstances disappear. However, if this contract is terminated after Party B loses or partially loses the labor ability specified in the second paragraph of Article 25, it shall be implemented in accordance with the relevant state regulations on industrial injury insurance.

XI。 economic compensation

Article 28 Under any of the following circumstances, Party A shall pay economic compensation to Party B:

(1) Party B terminates this contract according to Article 22;

(2) Party A proposes to terminate this contract to Party B according to Article 20, and terminates this contract through consultation with Party B;

(3) Party A terminates the Contract in accordance with Article 24;

(4) This contract is terminated according to the first paragraph of Article 26, except that Party A maintains or improves the conditions stipulated in this contract to renew the contract, unless Party B does not agree to renew it;

(5) The Contract is terminated according to the provisions of Item (4) and Item (5) of Article 26;

(6) Other circumstances stipulated by laws and administrative regulations.

Article 29 The economic compensation shall be paid according to the standard that Party B shall pay one month's salary for each full year of working for Party A. If it is more than six months but less than one year, it shall be calculated as one year. If it is less than six months, Party B shall be paid economic compensation of half a month's salary.

If Party B's monthly salary is three times higher than the average monthly salary of employees in this city last year, the standard for paying economic compensation to Party B is three times the average monthly salary of employees in this city last year, and the longest period for paying economic compensation to Party B shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of Party B in the twelve months before the dissolution or termination of this contract.

Twelve. Supplementary terms and special agreements

Article 30 The service period of Party B in Party A shall be from year month day to year month day.

Article 31 The non-competition period of Party B is from year month day to year month day. The scope of non-competition restriction is _ _ _ _ _. During the non-competition period, Party A shall give Party B certain economic compensation, with the specific standard of _ _ _ _ and the payment method of _ _ _ _.

Thirteen. responsibility for breach of contract

Article 32 Where Party A dissolves or terminates this contract in violation of the conditions stipulated in this contract, or enters into an invalid contract due to Party A's reasons, thus causing damage to Party B, it shall be liable for compensation according to the degree of loss.

Article 33 If Party B terminates this contract in violation of the conditions stipulated in this contract or enters into an invalid contract due to Party B's reasons, thus causing economic losses to Party A, it shall be liable for compensation according to the degree of losses.

Article 34 If Party B breaches the service period, it shall bear the liquidated damages of _ _ _ _ _ _.

Article 35 If Party B violates the non-competition agreement, it shall bear the liquidated damages of _ _ _ _ _ _.

Fourteen others

Article 36 If the matters not covered in this contract or the contents of relevant labor standards in the future are contrary to the relevant provisions of the state and this Municipality, the relevant provisions shall prevail.

Article 37 This contract is made in duplicate, with each party holding one copy. It will take effect after being signed and sealed by both parties.

Party A (seal): Party B (seal):

Entrusted agent (signature)

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