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1、Number: Guangdong Province LABOR CONTRACT Department of labor and social security of Guangdong Province Labor and Social Security Hotline: 12333精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳 - - - - - - - - - -第 1 页，共 13 页 - - - - - - - - - - Instructions Article 1 Before signing this contract, the
2、 two parties shall read this contract carefully. This contract once signed has legal validity, two parties must strictly perform. Article 2 This contract must be signed or sealed by the employers legal representative or the principal responsible person (Party A) and the employee (Party B), and affix
3、 the official seal of the employer (or the special seal of the labor contract). Article 3 The empty column in this contract, should be filled in by two parties through negotiation, and shall not violate laws, provisions, and relevant regulations; empty column not need to be filled in, mark “/”. Arti
4、cle 4 Working hours system is divided into standard working hours, non-fix working hours, and comprehensive calculation working hours. The irregular working hours, and comprehensive calculation working hours, should be approved by labor administration authorities. Article 5 The unfinished matters of
5、 this contract, may sign a supplementary agreement, as the attachment of this contract, and be performed with the contract together. Article 6 This contract must fill in seriously, write legibly, text be concise and accurate, and shall not alter arbitrarily. Article 7 After the signing of this contr
6、act (including attachments), each party holds one. 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳 - - - - - - - - - -第 2 页，共 13 页 - - - - - - - - - - Party A(Employer): Party B(Laborer): Name: Name: Legal Representative ID No: (Principal Responsible Person): Permanent add: Address: , , Residence ad
7、d: Business type: Contact No: Contact No: This contract is concluded on the basis of principle of lawfulness, fairness, equality, free will, negotiated consensus and good faith by and between the foresaid the Party A and Party B in accordance with the Labor Law of the Peoples Republic of China (the
8、RPC Labor Law), the Law of the Peoples Republic of China on Employment Contracts (the PRC Employment Contract Law) and other relevant laws and regulations of China and of Guangdong Province. Article 1 Term of the Employment Contract A.Term of Contract The Parties agree to determine the term of this
9、Contract pursuant to mode below: 1. Fixed T erm: From / / to / / . 2. Open-ended Term: From / / to the date which stipulated ending condition occurs. 3. Term to expire upon completion of a certain job: From to the completion of . The symbol of completion of the job shall be . B.Probation period The
10、Parties agree to determine the term of the probation period pursuant to mode below (the probation period shall be included in the term of Contract ) : 1. Without probation period. 2. With a probation period which is from / / to / / . (If a labor contract has a term of more than three months but less
11、 than one year, the probation period may not be exceed one month; if a labor contract has a term of more than one year and less than three years, the probation period may not exceed two months; and if a labor contract has a term of more than three years or is open-ended labor contract, the probation
12、 period may not exceed six months.) Article 2 Job Description and Place of Work A. The department or group at which the Party B works is as: , The position (management and technical or production operational) is as , 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳 - - - - - - - - - -第 3 页，共 13 页 - -
13、 - - - - - - - - The title (or type of work) is as . B. The task or duty of Party B is as . C. The place of work is as . D. During the term of this Contract, if the Party A has to adjust the position of the Party B due to the needs of production and business operation or other causes, or assign the
14、Party A to work in the place or unit other than the place or unit provided in this Contract, the Parties shall reach consensus through negotiation to amend this Contract. The amendment agreement concluded shall be the appendix of this Contract. Article 3 Working Hours, and Rest and Leave A. The Part
15、ies agree to determine the term of the working hour pursuant to mode below: 1. Standard working hours system. Party B shall work for hours a day, and hours a week. Party A shall guarantee that Party B has at least one day off in a week.2. N on-schedule working hour system. The position of Party B pr
16、actices non-schedule working hour system after the approval of the labor administration authority. 3. System of comprehensive calculation of working hour. The position of Party B practices system of comprehensive calculation of working hour after the approval of the labor administration authority; c
17、alculation circle ; total working hours .B. Party A may extend working hours due to the requirement of its production or business after consultation with the Trade Union and the Party B, but, with the exception of the circumstances stipulated in Article 42 of the PRC Labor Law, the extended hours fo
18、r a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended working hours shall not exceed three hours a day under the condition that the health of the Party B is guaranteed. However, the total extension in a month shall not exceed 36 hours. C. P
19、arty A shall provide the Party A with legal holidays, annual leave, marriage leave, funeral leave, home leave, maternity leave, nursing leave, etc. in accordance with relevant regulations and pay vacation wages according to the wage standard provided by this contract. Article 4 Labor RemunerationA.T
20、he wage of Party B for normal working hours shall be paid pursuant to mode below and may not less than the minimum wage rate in the place where the Party A is located.1. Hourly wage: (1) The wages of the Party B for normal working hours shall be paid pursuant 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎
21、下载 名师归纳 - - - - - - - - - -第 4 页，共 13 页 - - - - - - - - - - to ; the beginning wage amount is as RMB/month or RMB /hour. (2) The wages of the Party B is as RMB/month in the probationary period (the probational salary shall not be less than the minimum wage of same post and 80 percent of appointed sa
22、lary in the contract, not less than the minimum wage standard in where Party A is located.) ; 2. Piecework wage: (1) Unit price: / ; (2) Labor quotas: / (The labor quotas determined generally shall be the amount of work that over 70% employees in the same position of the Party A can finish within le
23、gal working hours.) ; 3. Other compensations (such as the Party A practices a annual salary system or it pays wages according to an assessment term) : / . 4. Party A shall determine its wage distribution system in the light of the status quo of its production and business operation, the price level
24、and wage increase guideline announced by the government. The specific ways and extent of normal wage increase shall be determined in accordance with law through mutual consultation between the Parties or through collective bargaining. B. The pay for performance and bonus of the Party B shall be paid
25、 per the following method: . C. The allowance and subsidies of the Party B shall be paid per the following rate and method: . D. The wages shall be paid in currency instead of kind or portfolio. E. Party A shall pay wages of (immediately/previously) month, on of each month. If the date for wage paym
26、ent happens to be a legal holiday or a non-business day, the wage payment shall be made in advance on the most recent business day. F. If Party A arranges Party B to work overtime, it shall pay Party B overtime pay in accordance with the PRC Labor Law and Provisions of Guangdong Province on Wage Pay
27、ment, except that Party B is arranged for compensatory time-off after he/she has been arranged to work overtime on non-business day. Article 5 Social Insurance and Fringe Benefits A. During the contract period, Party A, in accordance with the relevant regulations of nation, province and district, sh
28、all pay the pension, medical, unemployment, work injury and maternity insurance procedures for Party B, and shall pay social insurance fund based on payment base and payment ratio by rule. Party B shall undertake his own part of social insurance fund, 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳
29、- - - - - - - - - -第 5 页，共 13 页 - - - - - - - - - - the payable amount shall be withheld by Party A from the Party B s monthly wages. Party A shall truthfully inform the situation of handling social insurance procedures and withholding social insurance premiums to Party B. B. In case Party B suffers
30、 sickness or non-work-related injury, Party A shall offer Party B a period of medical treatment and sick-leave treatment stipulated by national and local regulations, pay medical insurance and other medical payment relating to relevant regulations, and pay sickness pay or disease relief during speci
31、fied medical period, the amount may be RMB per month (no less than 80% of the local minimum wage standard). Article 6 Labor Protection, Working Condition and Protection Against Occupational Hazards A. Party A shall provide working place conformed to the national labor health standard, in accordance
32、with labor protection regulations of the nation and province, and effectively protect the safety and health of Party B during working production. If Party B may suffer occupational hazard during production procedures, Party A shall truthfully inform Party B, and protect the health and related rights
33、 of Party B stipulated by “ Law of Occupational Disease Prevention”. B. According to the position of the Party B, Party A shall provide Party B with labor safety and hygiene conditions in conformity with the relevant laws and regulations, and provide free physical examination for Party B every (year
34、 /season /month) in accordance with labor protection provisions. C. Party A must carry out relevant provisions formulated by the nation, province and district for the labor protection and health-care work of female worker. D. Party B shall have the right to refuse to carry out any dangerous operatio
35、n forced upon him/her by Party A. For Party As or its managers behavior which is indifferent to the safety and health of Party B, Party B may have the right to inform and report to the relevant government departments. E. If Party B suffer occupational disease, work-related injury or death due to wor
36、k, Party A shall handle it in accordance with “work injury insurance regulations”. Article 7 Modification of the Employment Contract A. Either of the Parties may modify relevant terms of the Employment Contract with written notice to others. B. Party A change the name, legal representative, principa
37、l responsible person or investor, dose not affect the performance of the contract. 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳 - - - - - - - - - -第 6 页，共 13 页 - - - - - - - - - - C. If Party A occur the event of merger or division, the contracts remain in force, and shall continuously perform by
38、 the unit succeeded Party As rights and obligations. D. The two parties may alter the labor contract through mutual consultation and agreement, and handle change procedures in writing. After the change of labor contract, each party holds one. Article 8 Cancellation and Termination of the Employment
39、ContractA. Cancellation 1. The parties may terminate the labor contract through mutual consultation and agreement. If Party A proposes to terminate this contract, shall pay the economic compensation to Party B by rule. 2. Party A may terminate the employment contract under any of the following circu
40、mstances involving Party B: (1) Party B been proven to be incompetent for the employing requirement during probational period. (2) Party B seriously breach labor disciplines or regulations stipulated by Party A. (3) Party B neglects his duty and engages in malpractices for selfish ends, thus causing
41、 significant harm to the interests of the Party A. (4) Party B build labor relationships with other units, to cause a seriously impact on the completion of the task of Party A, or refuse to correct the rules made by Party A. (5) Where Party B has concluded or modified the labor contract against the
42、true intentions of Party A through the use of fraud, coercion or exploitation of the unfavorable position of Party A, as a result of which this agreement is deemed null and void; (6) Party B is found guilty according to the laws of P.R.C. (7) Party B is ill or injured due to non-work relation, after
43、 the completion of medical, still is incompetent for his original work, or alternative jobs arranged by Party A. (8) Party B is incompetent for work after training or adjustment of jobs. (9) If the objective situation changes significantly this contract based on, to result the contract unable to per
44、form, and mutual consent can not be reached in charge of this labor contracts. Party A terminate this contract according to item (7), (8) and (9), should notice Party B in writing before 30 days (or extra pay a month wage to Party B), and pay economic compensation to Party B subject to regulations.
45、If Party A terminate this contract according to item (7), also shall pay medical treatment allowances to Party B conforming to relevant regulations. 3. Under any of the following circumstances, Party A can make redundancies stipulated by regulations and procedures, and pay economic compensation to P
46、arty B by rule: (1) Party A restructured pursuant to the Enterprise Bankruptcy Law; (2) Production and business operation of Party A met serious difficulties; 精品资料 - - - 欢迎下载 - - - - - - - - - - - 欢迎下载 名师归纳 - - - - - - - - - -第 7 页，共 13 页 - - - - - - - - - - (3) Production, technological innovation
47、or business method of Party A adjusted; (4) If other objective situation this contract based on, changes significantly, to result the contract unable to perform. 4. Party B may terminate the labor contract with 30 days prior written notice to Party A; during the probationary period with 3 days prior
48、 written notice to Party A.Party B may terminate his employment contract under any of the following circumstances involving Party A. Party A shall pay the economic compensation to Party B by rule: (1) Party A has failed to provide labor protection or working conditions as stipulated in the labor con
49、tract;(2) Part A has failed to pay remuneration on time or in full;(3) Party A has failed to contribute social insurance fund on behalf of Party B in accordance with the law;(4) Party As policies violate laws or regulations, thereby infringing upon Party Bs rights and interests;(5) Party A has concl
50、uded or modified the labor contract against the true intentions of Party B through the use of fraud, coercion or taking advantage of Party Bs unfavorable position, as a result of which this contract or the changing agreement is deemed null and void; (6) Party A is exempted from its legal liability a