Model Of Guangdong Labor Contract
1. Both parties should read the contract carefully before signing this contract.
Once the contract is signed, it has the force of law and the two sides must strictly perform it.
Two, this contract must be signed by the legal representative (or principal agent) of the employer (Party A) and the employee (Party B) personally, and the official seal of the employer (or the labor contract special seal) shall be affixed.
Three, the empty columns in this contract shall be filled out after consultation by both parties, and shall not violate laws, regulations and relevant regulations.
Four, man hour system is divided into three types: standard working hours, irregular timing and comprehensive calculation of working hours.
The implementation of the work hour system for irregular hours and comprehensive calculations should be approved by the labor and social security department.
Five, the unsettled matters in this contract may be supplemented by a supplementary agreement as an annex to this contract.
Six, this contract must be filled in carefully, with clear handwriting, concise and accurate text, and no alteration can be made without authorization.
After the signing of the contract (seven) and the signing of the contract, both parties shall keep one copy for reference.
Party A (employer): Party B (worker): Name: Name: Name: the legal representative of the legal person: identity card number: Address: Address: Present address: Economic Type: People's Republic of China, Tel: Tel: according to the labor law of the people's Republic of China and the relevant regulations of the state and province, both parties shall enter into this contract on the principle of equality, voluntariness and consensus.
(1) the time limit for the contract (1) the term of the contract is agreed. The parties agree to determine the term of this contract in accordance with the following ways: 1, with a fixed period: from the date of the month to the end of the month.
2, no fixed term: from the date of the month to the termination condition of this contract.
3, to complete a certain period of work: from the date of the month until the completion of the task.
(two) the probation period is agreed. The two sides agree to confirm the probation period according to the following ways (probation period is included in the contract period):1 and no probation period.
2, probationary period from date to date.
The longest period of probation is not more than six months.
Where the term of the contract is less than six months, the probation period shall not exceed fifteen days, and the term of the contract shall be less than six months or less.
The probation period shall not exceed thirty days; the term of the contract shall be less than one year and less than two years, and the probation period shall not exceed sixty days.
(two) the work content of Party B (1) Party B's job (place of work, Department, work type or position) is the two party's task or duty is (three) Party A shall adjust the work of Party B for the production and operation needs, handle the contract according to the change contract, and the agreement or notice recognized by the two parties as the appendix to the contract.
(four) if Party A sends Party B to work outside the unit, a supplementary agreement should be signed.
Three, working hours. (1) both parties agree to determine the working time of Party B in accordance with the following ways: 1, standard working hour system, that is, working hours per day, working on a weekly basis, at least one day a week.
2, irregular work system, that is, approved by the labor and social security department, the position of Party B is irregularly worked.
3, comprehensive calculation work hour system, that is, through the labor and social security department approval, Party B's position to implement a comprehensive working hour system that considers cycle and total hours.
(two) Party A can extend the working hours after consultation with the trade union and Party B for production (work) needs.
In addition to the provisions of the forty-second law (labour law), the general daily shall not exceed one hour, for a special reason, the longest daily shall not exceed three hours, and shall not exceed thirty-six hours per month.
Four, the wages of Party B's normal working hours shall be carried out according to the following (or) forms, and shall not be lower than the local minimum wage standard.
1, Party B's probation period of salary yuan / month; probationary salary will be RMB yuan / month (yuan / day).
2, other forms:
(two) wages must be paid in legal tender, not in real estate and in securities instead of currencies.
(three) Party A adjusts the salary of Party B according to the business condition of the enterprise and the wage distribution according to law. Party B does not submit any objection within sixty days.
(four) Party A pays wages on a monthly basis.
In case of holidays or rest days, payment is advanced to the nearest working day.
(five) Party A shall extend the working hours for Party B in accordance with the law, and shall pay the remuneration extended for working hours according to the forty-fourth provisions of the labor law.
Five, labor protection and labor conditions. (1) Party A shall provide labor workplaces that meet the state's labor hygiene standards according to the relevant labor protection regulations of the state and province, and earnestly protect Party B's safety and health in production.
If Party B may cause occupational hazards in the course of work, Party A shall protect Party B's health and related rights and interests in accordance with the provisions of the occupational disease prevention act.
(two) Party A shall, according to the relevant regulations of the state, issue necessary labor protection articles to Party B in accordance with the relevant provisions of the state, and arrange Party B's physical examination free of charge per year (year / quarter / month) according to the labor protection regulations.
(three) Party B has the right to refuse Party A's violation of orders and coercion, and to ignore Party B's behavior of safety and health. It has the right to request correction and report to the relevant authorities.
Six, social insurance and welfare benefits. (1) during the contract period, Party A shall handle Party B's social insurance procedures for the elderly, medical care, unemployment, work-related injury, childbirth and other social insurance according to law.
(two) Party B should pay medical treatment and medical treatment according to the state and local regulations, and reimburse medical expenses according to the medical insurance and other related regulations, and pay sick leave or sickness relief fees during the prescribed medical period.
(three) Party B suffers from occupational disease, injury due to work or death due to work. Party A shall comply with the provisions of the industrial injury insurance Ordinance.
(four) Party A shall provide Party B with paid holidays such as holiday, annual leave, marriage leave, funeral leave, family leave, maternity leave and nursing leave according to regulations, and pay wages according to the wage standard stipulated in this contract.
Seven, labor discipline discipline (1) the rules and regulations formulated by Party A in accordance with the relevant laws and regulations of the state and the province through the democratic procedures shall be publicized to Party B; Party B shall consciously abide by the relevant labor disciplines and regulations laid down by the state and province, and all the rules and regulations formulated by the enterprise according to law, strictly observe the safety operation rules, obey the management, and complete the work tasks on time.
(two) Party A has the right to inspect, supervise, assess, reward and punish Party B's performance of the system.
(three) if Party B grasps the trade secrets of Party A, Party B has the obligation to maintain trade secrets for Party A, and make the following stipulate: eight, the change of this contract. (1) any party who requests to change the contents of this contract shall notify the other party in writing.
(two) the two parties can change the contract through consultation and change the formalities of the contract.
Nine, the dissolution of this contract. (1) the contract can be terminated after consultation by both parties.
If Party A terminates this contract, it shall pay the economic compensation according to the regulations.
(二)屬下列情形之一的,甲方可以單方解除本合同:1、試用期內證明乙方不符合錄用條件的;2、乙方嚴重違反勞動紀律或甲方規章制度的;3、嚴重失職、營私舞弊,對甲方利益造成重大損害的;4、乙方被依法追究刑事責任的;5、甲方歇業、停業、瀕臨破產處于法定整頓期間或者生產經營狀況發生嚴重困難的;6、乙方患病或非因工負傷,醫療期滿后不能從事本合同約定的工作,也不能從事由甲方另行安排的工作的;7、乙方不能勝任工作,經過培訓或者調整工作崗位,仍不能勝任工作的;8、本合同訂立時所依據的客觀情況發生重大變化,致使本合同無法履行,經當事人協商不能就變更本合同達成協議的;9、本合同約定的解除條件出現的。
If Party A fails to terminate this contract in accordance with the provisions of fifth, sixth, seventh, 8 and 9, Party B shall notify Party B thirty days in advance, and pay the economic compensation to Party B in accordance with the regulations. Of these, sixth may be discharged from the contract and comply with the relevant provisions.
(three) Party B shall notify Party A in written form thirty days ahead of time when it terminates the contract.
However, Party B may terminate this contract at any time within the following circumstances: 1, within the probation period; 2, Party A shall be violent.
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