How To Draw Up The Employee'S Labor Contract

Company employee labor contract

Party A (employing unit):

Party B (worker):

ID number:

Party A and Party B signed this labor contract in accordance with the "People's Republic of China labor contract law" and the relevant laws, regulations and regulations adopted in January 1, 2008, in accordance with the principles of voluntariness, equality and consensus.

First contract period

The labor contract is a labor contract with a fixed term. The validity period of the contract is five years from the year to the end of the month.

Second party B's working conditions and office facilities.

1. Party A shall provide Party B with a safe and hygienic working environment that meets the requirements of the state, and ensure that Party B works under the condition that the body is free from damage and human health is not damaged.

2. Party A shall provide Party B with necessary office supplies and facilities according to the actual situation of Party B's work.

3. Party A will organize Party B to participate in the necessary business knowledge training, including participation in seminars and training sessions in various fields according to the need of work.

Third party B's work, remuneration and benefits

1. Party A shall employ Party B as Party A according to the need of work.

The work contents and responsibilities of the above posts shall be stipulated by the internal management system of party a staff rules and regulations.

2. Party A may adjust the work of Party B at any time according to the needs of work and the professional characteristics, professional ability and performance of Party B.

3. Party A shall ensure that Party B's monthly remuneration is not less than RMB yuan, and provide all kinds of insurance to Party B, including but not limited to pension insurance, unemployment insurance, medical insurance and housing provident fund.

If a contract is signed, Party B's work needs to be adjusted if Party A needs to work. The specific remuneration of Party B shall be determined by consensus between Party A and Party B.

4. workers have the right to enjoy statutory holidays such as holidays, weddings and other holidays specified by the state.

Fourth work discipline

1. Party B shall abide by the laws and regulations of the People's Republic of China and the rules and regulations stipulated by Party A and labor discipline, and voluntarily obey the management and personnel dispatching of Party A.

2. Party B is on duty. The normal working hours must be on duty.

Late, early retirement, sick leave, leave of absence, etc., according to the "company attendance management regulations" to deduct the salary.

Performance and alteration of Fifth Labor Contracts

1. Party A and Party B strictly fulfill their obligations in accordance with this labor contract.

2. Party A can change the labor contract through consultation with Party B.

Change of labor contract shall be in written form.

3. Party A's change of name, legal representative, principal person in charge or investor matters will not affect the performance of the labor contract.

4. in case of Party A's merger or division, the labor contract shall continue to be effective, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations.

The termination and termination of sixth labor contracts

1. Party A can terminate the labor contract through consultation with Party B.

2. Party B can notify the party a written notice in advance thirty days, and may terminate the labor contract.

The specific procedures shall be found in the management of employees' resignation.

3. if Party B has one of the following circumstances, Party A can terminate the employment contract at any time.

(1) serious violation of work discipline or Party A's rules and regulations, after Party A's warning, has not yet been corrected within a reasonable period of time, or thereby causing substantial losses to Party A.

(2) malpractice, encroachment of party a property or collusion of third parties, malicious disclosure, betrayal of Party A's secrets, and so on, causing serious damage to Party A's interests by subjective intent or gross negligence.

(3) without Party A's permission, Party B will establish labor relations with other employers at the same time, which will have a serious impact on the work of Party A.

(4) be investigated for criminal responsibility according to law.

4. in case of any of the following circumstances, Party A can notify the Party B in writing or notify Party B thirty days in advance, or pay an additional month's salary.

(1) if Party B is ill or not injured by work, he may not engage in the original work after the expiration of his medical treatment, nor will he engage in any other work arranged by Party A.

(2) Party B is not competent for the job. After training or adjustment, it is still not competent.

(3) significant changes have taken place in the objective situation on the basis of the conclusion of the employment contract, resulting in the failure of the employment contract to be fulfilled.

(4) when Party A is in bankruptcy, there is serious difficulty in the period of statutory rectification or production and operation.

5. Party A shall not terminate or rescind the employment contract under any of the following circumstances:

(1) Party B is ill or injured during the prescribed medical period.

(2) female staff during pregnancy, childbirth, and lactation;

(3) other circumstances stipulated by laws and regulations.

6. Party A fails to pay remuneration for work as stipulated in the labor contract, or if Party B pays all kinds of insurance and accumulation fund for Party B, Party B may notify Party A to terminate the contract of employment.

7. in one of the following cases, the labor contract is terminated:

(1) the expiration of the labor contract;

(2) laborers begin to enjoy basic old-age insurance benefits in accordance with the law.

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

(4) the employer has been dissolved, counted or declared bankrupt in accordance with the law.

(5) the employer has been revoked the business license, ordered to close down, revoked or the employer decided to dissolve in advance.

(6) law,

Other circumstances specified by the regulation

8. when the labor contract expires or the termination conditions stipulated in the contract arise, the labor contract will terminate on its own.

One month before the expiration of the labor contract, the labor contract can be renewed through mutual consent.

Seventh economic compensation

1. Party A shall pay economic compensation to Party B under any of the following circumstances:

(1) Party A terminates the labor contract on the basis of sixth, 4, sixth, 7 (4) and (5) items, or according to sixth 7 (1) terms.

(2) Party B shall terminate the labor contract in accordance with the sixth 6 paragraph.

2. economic compensation shall be carried out according to the standard of Party B's working life in Party A, and shall be paid to the laborers for one month's wages per full year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

3. Party B shall notify Party A to terminate the employment contract because the employer fails to pay the remuneration in accordance with the contract stipulated in the employment contract. When Party A terminate the employment contract, Party B must settle the work remuneration of Party B according to the contract standard.

4. if Party A considers that it is necessary to provide special training fees to Party B for special training, it may conclude a service agreement with the laborers and stipulate the term of service.

If Party B violates the contract, Party A shall pay the penalty according to the contract.

See employee learning.

Management measures.

5. Party B shall not resign or leave the company in accordance with the contract when Party B performs the contract. Party B shall not disclose any commercial secrets, such as information, technical information or list of clients, from the original post to the new employer who is engaged in the same or similar business or other competitive relations with Party A. otherwise, Party B shall compensate Party A for the economic losses, and Party B shall not have the right to claim Party A's economic compensation in accordance with the seventh 1 paragraph.

Eighth other matters

1. Party A and B take place due to the implementation of labor contracts.

(disputes arising from conflicts with national laws and regulations) shall be interpreted and implemented in accordance with the relevant provisions of the labor contract law of the People's Republic of China and relevant laws and regulations implemented in January 1, 2008.

2. Party A shall, when formulating, revising or deciding on labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, staff training, labor discipline, labor quota management and performance appraisal, directly related to the rules and regulations or major matters concerning the immediate interests of Party B, shall discuss and put forward proposals and opinions through all staff members, and negotiate and confirm them.

Party A shall decide to publicized or notify Party B directly to the rules and regulations and major matters directly related to the interests of Party B.

3. in case of internship or trial, according to the specific internship agreement or trial agreement of the company, if the probationer or probationer passes, the labor contract shall be signed according to the resolution signed by the chairman, and the term of labor shall be counted from the internship or trial.

4. both parties consider that other matters that need to be stipulated and the contract has not yet been involved, the two parties may sign a supplementary agreement to make adjustments.

5. the contract is effective after signing by Party A and Party B, with two (2) copies.