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1、精选优质文档-倾情为你奉上No.: *Labor Contract(Full-time Labor Employment)Party A(employer): *Party B(employee): *Supervised by * Municipal Human Resources and Social Security BureauInstructions1. Before signing the contract, both Parties shall learn and realize related laws and regulations such as Labor Laws of
2、 the Peoples Republic of China, the Labor Contract Law of the Peoples Republic of China, the Implementation Regulations of Labor Contract Law of the Peoples Republic of China and read the contract carefully. Once the contract is signed both parties shall implement strictly.2. The contract shall be f
3、illed in blue-black or black ink and shall not be altered.3. The contract shall be recorded at human resources and social security department after signed by both parties.4. Attention for filling the contract:As for the article one “contract term”, one option shall be chosen according to actual situ
4、ation: please fill “nil” if there is no probation period, if not, please specify the commencement date and deadline; as for the article two “working place”, the specific location of the agreed shall be filled; as for the article five “working time”, one option shall be chosen according to actual sit
5、uation. Option B and C shall be carried out with the approval by human resources and social security department; as for article nine “wage standard”, hourly wages means non- piece wage calculated by year or month. If the wage is paid by year, monthly averages or advance number shall be given; other
6、welfare in article sixteen means enterprise annuity, supplementary medical insurance, deposit medical insurance, phone allowance, transportation fees, extra pay for hot weather and other welfare treatment. Fill “nil” if not applicable; supplementary agreement shall accord with the provisions of the
7、laws, regulations and policies. If no supplementary agreement please fill “nil”; record date shall be filled after recording; arriving date shall be filled when the contract ia received and signed by the employee.Notice 1. Information provided by both parties shall be real and effective.2. Under any
8、 of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, a labor contract without a fixed term shall be concluded unless the employee proposes to conclude a fixed-term labor contract: (1). The employee has already worked for the employer for 10 full
9、years consecutively; (2). When the employer initially adopts the labor contract system or when a state-owned enterprise re-concludes the labor contract due to restructuring, the employee has already worked for this employer for 10 full years consecutively and he attains to the age which is less than
10、 10 years up to the statutory retirement age; or (3). The labor contract is to be renewed after two fixed-term labor contracts have been concluded consecutively, and the employee is not under any of the circumstances as mentioned in Article 39 and Paragraphs (1) and (2) of Article 40 of this Law. 3.
11、 In addition to the two circumstances of providing special training fee and the personnel subject to competition restrictions, the employer shall not stipulate with the employee on the bearing of liquidated damages by the employee.Party A(employer) Name:* Address: * Lagal Representative: * Position:
12、 * Telephone No.: *Party B(employee) Name: * Sex: * Ethnic Group: * Education Background: * ID Card No.: * Telphone No.: *The contract is hereby concluded by both parties in accordance with Labor Law of the Peoples Republic of China, Labor Contract Law of the Peoples Republic of China, and Regulatio
13、ns of Shanghai Municipality on Labor Contract, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith. I Contract TermArticle 1 Through negotiation by both parties the contract term shall be determined as the followings:Non-fixed term: from A
14、ug.10, 2009 to legal condition of termination occurs. Thereinto: there is a probationary period for one month from Aug.10, 2009 to Sept. 09, 2009.II Job Descriptions and Working PlaceArticle 2 Party A employs Party B to hold the position of * at * at *City.Article 3 Both parties may enter into a pos
15、t agreement on specific job responsibilities and requirements. Party B shall seriously fulfill responsibilities and obligations on time according to position descriptionand and abide by all company rules.Aericle 4 Due to the need of need of production and work, party A need to adjust Party Bs job an
16、d job content, party Bs job could be changed according to laws after negotiation.III Working Hours, Rest and LeavesArticle 5 According to the feature of the industry, both Parties agree Party Bs working hoursecified as follows:Standard working hours system: 8 hours/day, 5 days/ week, 2 rest days/ we
17、ek; In case by multiple shift system, less than 8 hours/day, 40 hours/ week, not less than one rest day/weekArticle 6 Party A shall garantee Party Bs rest right. Party B is entitled to enjoy legal holidays, official holidays and other paid leave, such as leave for going to visit ones family, for wed
18、ding, funeral or bearing a baby.Article7 An employer shall strictly execute the criterion on production quota, it shall not force any of its employees to work overtime or make any of his employees to do so in a disguised form. If an employer arranges overtime work, it shall pay its employee for the
19、overtime work according to the relevant provisions of the state. Party A may extend working hours due to the requirements of its production or business after consultation with the trade union and Party B, but the extended working hour for a day shall generally not exceed one hour; if such extension
20、is called for due to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of Party B is guaranteed. However, the total extension in a month shall not exceed thirty six hours. IV Labor RemunerationArticle 8 Party A shall independently determine it
21、s form of wage distribution and wage level for its own unit according to law and based on the istics of its production and business and economic results. Under the guidance of local minimum wage standards and national labor price guide, the payment distribution shall be determined according to Party
22、 Bs labor resources, labor skills, job reponsobilities, labor complexity, labor intensity, labor conditions and labor contribution. Equal pay for equal work.Article 9 in accordance with national regulations and Party As payment distribution system, Party Bs salary standard shall be as the followings
23、:Time wages: RMB 3500 Yuan per monthThe probation period salary standard: RMB 3000 Yuan per month. The probation period salary shall not less than 80% of the minimum wages of the same position or of the wages stipulated in the contract.Wages paid to Party B by Party A shall not be lower than the loc
24、al standards on minimum wages.Article 10 Article Party A shall pay wages according to law to Party B who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with the law. Article 11 The range of wages paid for Party B u
25、nder special circumstances shall be executed according to Implementation Regulations on Wage payment of Hebei Province.Article 12 Party A shall pay Party B overwork salary according to related regulations in case Party B was arranged to work in lagal holidays, public holidays or lengthen working hou
26、rs.Article 13 Party A shall pay off salary to Party B in currency or entrust bank to make the payment on 10 of every month. If the paying date is holiday or non-working day, the paying date should be aheaded to the nearest working day. Payroll records kept for at least two years for future reference
27、.V Social Welfare and BenefitsArticle 14 Both parties must participate in social insurance in accordance with the laws and regulations and policies related to national and local social insurance and pay social insurance in accordance with laws. In which, the part born by Party B shall be withheld an
28、d paid by Party A.Article 15 Party Bs treatment of rest and vacation, illness or insury, suffer from occupation disease or work related injury, bearing a baby and death, the deadline and treatment of medical period, pregnancy, childbirth, lactation shall be implemented according to related provision
29、s and regulations.Article 16 Party A provide Party B with the following supplemental insurance:_; according to related provisions and regulations, Party A shall provide Party B with the following social benefits:_.VI labor Protection, Labor Condition and Occupational harm PreventionArticle 17 Party
30、A shall establish and improve the production process and safety operation procedures, job specification, occupation hazard protection system, provide female workers and juvenile workers with special protection, prohibit to arrange female workers and juvenile workers engage in prohibited works.Articl
31、e 18 Party A shall provide business skills training on safety, health, occupation hazard protection system, operating rules, laws and regulations. Party B shall actively participate in the training organized by Party A and strictly comply with the regulations and procedures.Article 19 Party A must p
32、rovide Party B with occupational safety and health conditions conforming to the provisions of the State and necessary Articles of labour protection, and providing regular health examination for Party B engaged in work with occupational hazards.Article 20 In case the post may cause occupational disea
33、se, Party A shall inform Party B honestly and educate Party B on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards. Article 21 Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations th
34、at are instructed in violation of regulations or peremptorily ordered by management staff of the Employer. Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by man
35、agement staff of the Employer.VII Supplementary TermsArticle 22 Party As supplementary terms:1. _2. _3. _Article 23 Party Bs supplementary terms:1._2._3._VIII Other ItemsArticle 24 The conclusion, performance, amendment, termination and ending of employment contracts shall be handled pursuant to the
36、 Contract Law. Article 25 Rules and regulations established according to laws by Party A shall be published or inform Party B in forms of meeting, employee handbook or any other methods. Party B shall abide by the regulations and and actively do a good job.Article 26 If an Employer provides special
37、funding for an Employees training and gives him professional technical training, it may conclude an agreement specifying a term of service with such Employee. If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed.Article 27 If an Emp
38、loyee has a confidentiality obligation, the Employer may agree with the Employee on competition restriction provisions in the employment contract or confidentiality agreement. If the Employee breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulat
39、ed. Article 28 any dispute shall be solved by negotiation. In case of unsuccessful negotiation, the contending party may apply for labor arbitration or submit to the court.Article 29 Othe issues not mentioned herein shall be subject to laws, status and provisions stipulated by the local and central government.Article 30 The contract is made in duplicate, one for each party.Party A(seal): *Lagal Representative(signature):Or Entrusted Agent(signature):*Party B(signature): *Date: *专心-专注-专业