Labor
Contract Number:
Labor Contract
Party:
Domicile:
Legal Representative:
B: __
ID number: □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □
Home Address:
_
Residence address:
_
_
Contact :_____________( fixed-line telephone)
__ (Mobile phone)
Emergency Contact Person: _________ Contact Phone: _____
Signing date: Date 2009
In accordance with the "PRC Labor Law," "the PRC Labor Contract Law" and other relevant laws, regulations, policies, A and B sides on the basis of equality, voluntariness, the principle of consensus, the signing of this contract.The two sides abide by the provisions set forth in this contract and confirm that this contract for the parties to resolve disputes basis.
A duration of contract and the trial period
A, B and the parties choose the following first II-VI forms to determine the period of this contract:
1, no fixed term, since the year _____ _____ _____ On the date of statutory or agreed to terminate the situation arises that is terminated.
2, fixed-term, since the year _ _ _ _ on the date Year _On _ _ ended the contract period Years, the labor contract from the effective date of the previous month (that is, since Year On
to Year Months Japanese only) within the probationary period. Party B shall be Year Months A few days ago for duty, B Wei Yi about for duty, and this contract shall automatically expire upon the expiry date for duty, but the Party recognized exception.The resulting losses to Party A, Party B shall bear in full.
3, Party B must be the effective date of the contract within two weeks, will work manuals to the Party in order to handle their recruitment procedures Party, or related to the responsibility borne by the B.
Second, jobs and duties of
1, based on commitment to job B, Party A Party B on Party-owned
employment Work, concrete work, see B confirmed by the signature of "job responsibilities and the assessment" (see annex).
2, the contract period, the Party have the right to work, production and business needs, Party B an interim arrangement to engage in other post for the time limit for not more than six months.
3, B must be determined by the parties in accordance with job responsibilities, on time and according to the quality, quantity and complete tasks, Party A will be based on evaluation system of assessment, such as B can not be the basic assessment requirements in accordance with the relevant provisions of the Party have the right to deal with .
4, Party A due to the production and operational needs, according to B's professional, expertise, capability and performance to be adjusted, Party B to work and remuneration for their work, in principle, be taken by consensus, but the following exceptions: (1) Party for production and business service needs, industry and product structure adjustment and process planning, organizational settings, etc. require the mobilization of a change in job B, the B should be accepted;
(2) B because of the skills, physical factors such as reach production services, work quality, output and other indicators, not competent work.
5, B Commitment:
(1) accept the Party established the "job responsibilities and assessment", earnestly fulfill their duties to complete tasks, to accept Party A examination.Fails to comply with "job responsibilities and the assessment" requirement, subject to Party A post adjustment, salary adjustments or other treatment.
(2) agreed that Party pursuant to this Contract "2 4 (1) (2)" at any time to adjust Party B jobs and responsibilities and agree to Party A according to B of new jobs to adjust salaries.If Party A Party B is not subject to adjustment, then the Party right to terminate the labor contract.
3, working hours, labor compensation and benefits
A specific working hours required by Party A time to implement the rest.Party A Party
B because of work need to arrange to extend the working hours or holidays, overtime, and Party B shall be subject to Party A unified arrangements.Party A Party B to work overtime to confirm the need to seek consent, or not considered overtime.
2, Party A set date for the monthly payroll 5.Party A based on the enterprises of the wage distribution program, Party B's performance and ability to determine the monthly wage paid to Party B Yuan / month (probation period salary Yuan / month).Other income floating parts: the visual assessment, trial conditions, as otherwise provided in company status was released after; Sales commission: According to the implementation of sales commission management system.Party A Party B to pay the wages for the pre-tax salary.
3, Party A may be based on actual business situations and Party B's work performance, reward and punishment records, job changes, at any time to adjust Party B's wage levels and wage structures, and promptly notify the B.Party A Party B is willing to accept the wage adjustments.
4, A and B according to their country and the relevant provisions of the city to pay social insurance costs.
5, B in the right period of the contract provisions of state and Party of the various subsidies and benefits.
6, Party A to Party B comply with national requirements to provide the labor protection, working conditions and occupational hazards protective measures.
4, labor discipline and incentives and disincentives
1, B should consciously abide by state laws, regulations and social ethics, comply with professional ethics, and consciously safeguard Party's reputation.
2, Party A Party B should strictly comply with established rules and regulations, work procedures, work discipline, including the "employee handbook" and other states in the provisions and requirements.Party on the model to comply with labor discipline, rules and regulations or in violation of labor discipline, rules and regulations of the Party B, you can reward or punishment.
3, B in the leadership positions during the leadership responsibility for their subordinates, and assume the work of their subordinates fault or negligence of the economic loss caused by joint and several liability.
4, Party A recognition provisions of rules and regulations
A, B, after the two sides signed a contract, namely, pre-employment training.Party B will have the opportunity to learn, familiar with Party Party as a whole system of management rules.Party B shall unconditionally authorized management rules system, both by rules and regulations to implement and guarantee obligations.
5, trade secret protection
1, B to be the conservative Party of trade secrets."Commercial secrets" include, but are not limited to Party A customer information, supplier information, product design, commodity prices, sales data, financial data, personnel information.
2, Party A Party B committed to strict compliance with the confidentiality of the system and never will be Party A's operations and business conditions disclosure to third parties; not to business records, business documents, etc. to copy or lend to third parties.If Party A Party B reveal trade secrets, damage the interests of Party A,
Party A Party B according to the specific circumstances of the warning, the withholding of bonuses and penalties to lift the sanctions of the contracts.
3, Party A Party B in accordance with situation and signed a confidentiality agreement and a separate non-competition agreements.
6, conflict of interest of the convention
1, during the period of this contract, Party B shall not engage in conflict with the interests and activities, shall not engage in a second job.Otherwise, Party A may be given the appropriate punishment of up to a contract to lift and hold their legal obligations.
2."Conflict of interest activities" include, but are not limited to, investment
business, to help third-party business, is a third party, employment, use of resources from the Party
Party to do with the same business and so on.
3, B if family members (spouse, parents, children, brothers and sisters and their spouses, including those resulting from adoption or marriage arising from the above-mentioned relative) engage in or participate in Party and its affiliated companies a conflict of interest in any commercial activity, B Party shall, in the first time in writing to the Party by Party A separate case to determine whether the damage or prejudice to the interests of the Party and its affiliates, and then unilaterally decide whether to terminate or cancel their labor relations with the B.
7, B guarantees
1, B prior to the signing of the labor contract, Party B with a right to know directly related to the basic labor contract, including but not limited to worker qualifications, curriculum vitae, qualifications, or working certificates (Ming), and labor relations prior to the lifting of or termination.Workers should be accurately described and should be committed to its authenticity.Ruoyin deliberate omission, concealment or above the basic situation of fraud Party of labor contracts, identified by the Party or of the original units of prosecution, and as a B of fraud and lead to a serious misunderstanding of Party A, Party A the right to according to the law finds the contract void ab initio, as a result of any consequences resulting from false information (including but not limited to Party A the right to an immediate dissolution of the labor contract) undertaken by Party B, Party A will not pay any compensation, thereby to the owner losses caused by Party B shall bear in full.If Party B any change in personal information should notify the Personnel Department in writing within one week, or as false information, your peril.
2, B ensure that their original employing unit labor relations have been lifted in accordance with law.Otherwise, the relevant legal liabilities arising from the B on its own, and compensate the losses caused thereby to the owner.
3, Party B to Party A guarantee that it will promptly submit to social insurance, a valid certificate as a result of delay in submission of Party B for any consequences caused by Party B shall bear the corresponding responsibility.
4, B contrary to its assurances matters, Party A shall compensate Party A Party B salary has been paid to more than the difference between the minimum wage in Shanghai.
8, labor contract termination, discharge, change
1, one of the following circumstances, labor contracts, terminate:
(1) The expiration of the contract and the parties can not renew on the same working conditions agreed upon;
(2) The parties have agreed that the termination conditions occur, for example, B has confirmed the completion of a certain task in one;
(3) Party B is temporarily unable to fulfill the contract obligations, but still continue to fulfill the conditions and possible, including but not limited to, B suspected of crimes were public order, national security, or judicial restriction of personal liberty, and B for full-time study and further studies in the implementation of the relevant departments of public welfare tasks for reasons not properly perform this contract exceeding 15 days;
(4) Party B is allowed to settle abroad, and B enjoy the basic old-age treatment, retirement, declaring death, declared missing, dead, and B loss of the ability to work and retired from the job;
(5) Party of bankruptcy, dissolution or suspension of business license shall be ordered to shut down or be withdrawn;
(6) Party A Party B enter the 30 working days does not provide manual labor, and with the original employing unit of labor relations, and I lift the proof of good health and physical evidence is, this contract shall automatically terminate.
(7) Party B or to comply with state regulations drafted into the army and other
legal obligations;
(8) other conditions stipulated by laws and regulations.
2, by mutual consensus, the labor contract may be lifted.
3, one of the following circumstances, Party A Party B 30 days in advance written notice to discharge the labor contract:
(1) B illness or injury at work, medical treatment after the expiration of not engaging in the original work can not engage in alternative arrangements by the Party's work;
(2) Party B can not do the work, after training or adjustment to work, still not competent to work;
(3) The labor contract is based on the objective conclusion of significant change of circumstances, resulting in inability to perform the labor contract, they changed the labor contract by mutual agreement this contract can not be in place within 14 days of the change (including 14 days) to reach agreement a;
(4) Party A's business policy, the environment changes, the Party considers it necessary to reduce personnel;
(5) pursuant to the labor contract as well as the Party established rules and regulations and other regulations in line with the conditions of labor contracts.
4, B, one of the following circumstances, Party A labor contract can be terminated at any time and without payment of financial compensation payments:
[1] In the trial period has been proved to be inconsistent with the Party but not limited to the following standards or hiring conditions of employment;
Hiring conditions are:
A degree of
cultural :__________________________________。
Physical condition
B :__________________________________。
Skills :________ C__________________________。
D team :__________________________________。
E Other :____ _ ________。
(2) The Working Poor sense of responsibility, labor discipline, lax;
(3) able to fulfill the task of;
(4) disrupt the normal work order of Party A;
(5) there are other problems.
[2] There are not limited to the following violation of Party rules and regulations of labor discipline or behavior:
(1) without reasonable cause within one year of continuous absenteeism, or accumulated at least three days over a six-day absenteeism;
(2) often late, leave early, according to the "handbook for employees" provisions of the punishment will not be changed;
(3) vexatious, entanglement, control threaten, threatening employees, affect the company's normal working order, according to the "handbook for employees" do not change the provisions of the disposition;
(4) violation of professional ethics, disorderly conduct, according to the "handbook for employees" do not change the provisions of the disposition;
(5) violation of operating procedures or working standards, through training or according to the "handbook for employees" do not change the provisions of the disposition;
(6) hours of work string Kong, off-site, resulting in an accident or bad influence, according to the "handbook for employees" do not change the provisions of the disposition;
(7) Party B is checked, to the Party candidates provide their personal information was false, including but not limited to: termination verification, identity verification, proof of residence, education proved that a medical certificate is false or fraudulent, etc.; candidates before the suffering from mental illness, infectious diseases and other serious diseases that affect their work in recruitment, undeclared; candidates before by other units of demerits retention probation, dismissal or removal from serious punishment, or a drug, or other misdeeds in the recruitment, without statement; candidates have been pre-labor camp, detention or criminal prosecution according to law in the recruitment, without a declaration, etc.;
(8) Party A Party B according to results of evaluation to adjust the job, subject to Party A Party B does not work arrangements and mobility, according to the "handbook for employees" do not change the provisions of the disposition.
(9) for breach of labor discipline or the company rules and regulations are warning up to three times (including three) above or in accordance with the "employee handbook" and other provisions of rules and regulations should be lifted labor contract.
(10) without the consent of the use of Party A Party of resources (including but not limited to business information, vehicles, telephone, Internet, etc.) to serve personal ends.
[3] has the following work is not limited to negligence, fraud, damage to the Party (including, without limitation, the Company has suffered or will suffer economic loss and reputation against) behavior:
(1) as well as other employers to establish labor relations, to complete the task seriously affected Party, or made by the Party, refuse to correct it;
(2) beyond the power of attorney or abuse of power of attorney, the company's losses or influence;
(3) utilization of health would be obtained from other people's property or illegally took other people's property or public property, according to the existing;
(4) for the purpose of illegal possession, forgery of notes, documents, seals, certificates and so on, obtaining funds of a company;
(5) the signing of performance of the contract process, the result of malfeasance or practicing favoritism led to the company suffered losses;
(6) the use of the work of his position, occupation, misappropriation of funds the company or customers;
(7) Party and the leakage of business secrets or help clients competitors, the impact to the owner or economic loss;
(8) clerk in the handling of business do not write a check payable to, or complicity inside and outside to take the cash accounting method does not damage the company's interests;
(9) to the owner because of subjective fault caused economic losses have reached more than RMB Triple thousand dollars or a breach of the financial system amounted to Party Erqian yuan, in addition to giving financial penalty or punishment, the Party may also terminate the contract at any time;
(10) B is the driver, and its own reasons, its operating services, cards, photos or failure has been吊扣15 days (inclusive) or more above the same place or because of Party B (including equivalent) traffic (passenger injury) died an accident or sub-select above (including sub-duty) large traffic (passenger injury) accidents or material damage of more than 10,000 yuan, Party A may at any time terminate the contract.
[4] has been held criminally responsible, or labor camp, punished by public security organs of law and order;
[5] violation of Party A "employee handbook" provision is guilty of the other wrong;
[6] the loss of the necessary qualifications or conditions;
[7] to fraud, coercion, or position of vulnerability, so that Party A in violation of the true meaning of the case to make or change the labor contract.
5, Party A pursuant to this contract the provisions of Article VIII, paragraph 4, the case of dissolution of the labor contract, Party A Party B shall pay the following costs:
(1) according to Article IX of the labor contract agreed liquidated damages clause should be undertaken;
(2) caused by the operation and management of direct economic loss;
(3) Party A Party B to pay for the training costs;
(4) laws and regulations and other compensation.
6, B, such as dissolution of the labor contract shall be 30 days in advance written notice to Party A or Party A shall pay one month's salary to replace the advance notice.
One of the following circumstances, Party B can be lifted at any time notify the labor contract:
(1) during the probation period is required in advance on the 3rd;
(2) Party A to the threat or illegal restriction of personal freedom means of forced labor;
(3) Party A does not pay the labor remuneration in accordance with the labor contract or to provide working conditions.
(4) Party of violence, threat or illegal restriction of personal freedom means of forced labor, B, or Party A gives directives to compel risky operations endanger the personal safety of Party B, Party B can immediately discharge the labor contract, without prior inform the Party.
7, one of the following circumstances, Party B can not be based on the "Labor Law" the provisions of severing their working relationship with the employer:
(1), handling accounts, account form, inconsistent or unclear of the actual account;
(2) refusing or not yet paid the required fees;
(3) is responsible for his own work does not end, no transfer of clear;