Labor Contract
Date:
Labor Contract
Party A (Employer):
Name:
Registration Address:
Legal Representative:
Economic Type:
Party B (Employee):
Name: ** Sex: ** Date of Birth: ** Nationality: *
Household Register: * I.D. No.: *
Contact Address: * Code: *
WHEREAS, ** (Party A) intends to engage ** (Party B) as its an employee under labor contract system. In accordance with the Labor Contract Law of the People’s Republic of China and relevant laws and regulations and the rules and regulations formulated by our Company according to law, Party A and Party B conclude and enter into this Contract on the basis of voluntariness, equality and mutual consultation. Both parties shall jointly abide by the terms and conditions specified in the Contract and undertake to take the Contract as a basis for both parties to solve disputes, if any.
I. Duration of Contract
This is a fixed-term contract which is valid from *to *.
1. The probation period is from (date) to (date).
2. Party A may dissolve the Contract immediately in case Party B is proved during the probationary period not satisfy the requirements of employment, provided that Party A pays the actual amount of wage payable to Party B for the current month.
3. Party A’s requirements on recruitment of employees shall be subject to the contents specified in its recruitment information, position description (job responsibilities), employee manual, rules and regulations, etc., and relevant regulations of the State shall prevail, if any.
4. In case that any party raises any objections prior to expiry of the Contract, the party may require not renewal of the Contract, and the Contract shall be terminated upon its expiry.
II. Post of Duty, Job Responsibilities and Working Hour
1.Based on the state of operation, Party A now appoints Party B to the *Department
as a/an * (Grade: *) (post/ position). The initial work place is in Shanghai. See the position description for specific job content.
In accordance with the needs of operation and Party B’s capacity (in profession, work and health) and job performance, Party A may adjust Party B's job post/ position or work place. Party B shall have authority to say his/her own opinions, nevertheless, Party B shall subject to the needs of operation and the reasonable job
adjustment made by Party A.
2.Party B shall, according to the job responsibilities, complete corresponding tasks
on schedule and with quality and quantity guaranteed.
3.Party A adopts 40-hour per week working system. According to the operational
characteristics of some positions, Party A may, after obtaining the approval of the Labor Administration Department, adopt flexible working hour system and the work system with integrative computation of working hours.
III. Labor Protection and Working Conditions
1.Party A shall, in accordance with the regulations of the State, provide to Party B a
good working environment and labor protection measures, establish and improve labor safety and hygiene systems and execute the same closely.
2.Party A shall, in accordance with the job Party B engaged in, provide necessary
labor protection articles and offer health examination regularly for the labors who engage in the jobs with occupational hazards.
IV. Labor Remuneration, Insurances and Welfare
1.The amount of Party B’s monthly pretax income is RMB *Yuan inclusive of
various subsidies and allowances provided by the State and Shanghai Municipal Government. Party A may, when adopting new wage system or adjusting wage level based on Party B’job performance or the market factors, adjust Party B’s wage level in a reasonable way. Party A executes relevant regulations of the State and the municipal government on the minimum wages system; Party A adopts the system of adjustment of wages according to the posts.
2.The pay day of Party A is the last working day of each month. Party A shall pay to
Party B his/her labor remuneration in monetary terms by the month and shall, through bank, transfer the payment directly to the Employee’s account. Once Party B finds that Party A has miscalculated any of his/her labor remuneration for the current month, Party B may, within thirty (30) days since the payment of the labor remuneration of the current month.
3.Party A shall, pursuant to the regulations of the State, withhold and remit Party B’s
personal income tax from Party B’s wage income.
4.Party A shall, pursuant to the regulations of the State and of Shanghai Municipal
Government, effect social insurance and housing fund for Party B, and as to the parts that should be paid by Party B, Party A shall withhold and remit them upon paying the wages on behalf of Party B.
5.The leaves, expenses and treatments entitled to Party B as a result of work-related
injuries or suffering of occupational diseases shall be executed in accordance with relevant regulations of the State and of Shanghai Municipal Government.
6.The medical treatment period, medical expenses, sick leaves and other treatments
entitled to Party B as a result of diseases or non-work related injuries shall be executed in accordance with the regulations of the State, of Shanghai Municipal Government and of Party A.
7.Party B shall, within the duration of the Contract, be entitled to all welfare and