1. Do individual industrial and commercial households need to sign labor contracts when recruiting employees?
1, required. The Labor Contract Law clearly stipulates the scope of application of the Labor Contract Law: People, enterprises, individual economic organizations, private non-enterprise units and other organizations in China (hereinafter referred to as employers) shall establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts, and this law shall apply.
2. At the same time, the "Labor Contract Law" also clearly stipulates that the employer shall establish labor relations with the workers from the date of employment. The employing unit shall establish a roster of employees for future reference. To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. In other words, the scope of application of the Labor Contract Law includes individual industrial and commercial households. China's individual industrial and commercial households need to conclude a written labor contract to establish labor relations with laborers.
Second, the employee labor contract mode
Employee labor contract
Name of Party A (employer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _
Name of Party B (employee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Gender: _ _ _ _ _ _ _ _ _ _ _
Date of birth: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Nationality: _ _ _ _ _ _ _ _ _ _ _
Education level: _ _ _ _ _ _ _ _ _ _ _
Resident ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _
Code: _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _
According to national laws and relevant policies, Party A and Party B voluntarily sign this contract through equal consultation:
1. Term of employment contract.
According to the following terms _ _ _ _ _ _ _ _:
(1) This contract is a fixed-term labor contract. The term of the contract starts from _ _ _ _ _ _ _ _ _ _. The probation period is from _ _ _ _ _ _ _ to _ _ _ _ _ _ _.
(2) This contract is an open-ended labor contract. The term of this contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) This contract is an employment contract with the completion of certain work as the term. This contract starts from (year) and ends on (year) (the starting and ending time must be clear and specific).
Second, the nature of the work and assessment indicators
Party B agrees to work in the post of _ _ _ _ _ according to the work needs of Party A, and complete all the tasks undertaken by this post.
Appraisal indicators are: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Three. Labor protection and working conditions
Fourth, labor remuneration.
During the employment period, Party B's basic salary is RMB yuan per month. Please refer to the bonus distribution system of Party A for the bonus.
Verb (abbreviation of verb) Rights and obligations of Party A.
(I) Rights of Party A
1. Exercise the management right, assessment right and reward and punishment right to Party B according to the relevant national regulations and Party A's rules and regulations.
2. During the contract period, Party A has the right to adjust Party B's post according to work needs.
3. Under any of the following circumstances, Party A may notify Party B to terminate the labor contract at any time, without the restriction of 30 days' notice in advance:
(1) Party B is found to be unqualified for employment during the probation period;
(2) ......
(3) Party B seriously violates Party A's work responsibility system or Party A's rules and regulations;
(4) Party B seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to the interests of Party A;
(5) Party B is investigated for criminal responsibility according to law;
(6) Party B has been assessed for _ _ _ _ _ months (_ _ _ _ quarters and _ _ _ _ years) and is determined to be incompetent;
(7) Not competent for the current job and not accepting other arrangements.
4. Under any of the following circumstances, Party A may terminate the labor contract, but it shall notify Party B in writing 30 days in advance:
(1) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs arranged by Party A after the prescribed medical treatment period expires;
(2) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform, and the parties cannot reach an agreement on changing the labor contract through consultation;
(4) During the legal rectification period when Party A is on the verge of bankruptcy or has serious difficulties in production and operation, it is really necessary to reduce staff.
5. If Party B causes losses to Party A due to violation of law, discipline or other improper behavior during his tenure, Party A has the right to require Party B to bear corresponding compensation liabilities.
(II) Obligations of Party A
1. Abide by national laws, regulations and policies, respect the status of employees as masters, and create an enterprise environment conducive to employees' enthusiasm and creativity.
2. Be responsible for educating and training Party B in ideology, professional ethics, professional skills, enterprise management knowledge, law-abiding and rules and regulations.
3. Party A shall not terminate the Labor Contract if Party B is in any of the following circumstances and does not meet the provisions in Item (3) of Paragraph (1) of Article 5 of this Contract:
(1) Party B suffers from occupational disease or work-related injury and is confirmed to be incapacitated;
(2) Being sick or injured within the prescribed medical treatment period;
(3) Party B is a female employee during pregnancy, childbirth and lactation;
(4) Other circumstances stipulated by laws and regulations.
The rights and obligations of party b with intransitive verbs
(I) Rights of Party B
1. During the contract period, Party B has the right to participate in the democratic management of the enterprise and get honor and material encouragement.
2. Have the right to enjoy labor protection, labor insurance and welfare benefits stipulated by the state and enterprises.
3. Have the right to apply for an extension of medical treatment due to the need of disease treatment.
4. In any of the following circumstances, Party B may notify Party A to terminate the labor contract at any time.
(1) During the probation period;
(2) Party A forces Party B to work by means of violence, threat or illegal restriction of personal freedom;
(3) Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
(II) Obligations of Party B
1. The agreed work tasks or indicators must be completed on time, with good quality and quantity, and accepted by Party A. ..
2. Consciously safeguard Party A's image and interests, and shall not conduct words and deeds that damage Party A's image and interests.
3. Party B must conduct business in the name of Party A's employees and accept the unified management of Party A. ..
4. If Party B unilaterally terminates the Labor Contract in advance for other reasons, it shall notify Party A in writing 30 days in advance and bear corresponding legal responsibilities.
VII. Labor insurance and welfare benefits
Party A and Party B shall participate in social insurance according to law and pay social insurance premiums on a monthly basis. Party A will deduct the part paid by Party B from Party B's salary.
Eight. responsibility for breach of contract
1. Once this contract is signed, both parties must strictly implement it. In case of breach of contract, the breaching party shall bear the liability for breach of contract and pay the other party RMB as penalty. If losses are caused to the other party, compensation shall be made according to the consequences and responsibilities.
2. During Party B's employment, Party A pays the vocational and technical training fees or the paid talents introduced by Party B for Party A, and when Party B terminates this contract before the agreed service period of _ _ _ _ _ _ _ _ _, Party A may receive remuneration according to the actual training fee or the paid referral fee, with the standard of increasing the training fee or referral fee by 20% for each year of service.
3. The economic compensation and economic compensation for the violation and termination of the employment contract shall be implemented according to the current relevant provisions of the state. When both parties terminate the labor contract, Party A shall pay Party B in one lump sum.
4. If this contract cannot be performed due to force majeure, it may not be liable for breach of contract.
Nine. Procedures for dissolving the labor contract
Both parties agree that the following procedures are fair and reasonable.
1. Give a written notice;
2. Fill in the employee resignation notice.
Return Party A's various documents, materials, communication equipment, labor tools, houses, means of transportation and other properties held by Party B ... If lost or damaged, compensation shall be made.
3. Handover work;
4. Pay liquidated damages and compensation;
5. Party A issues a certificate of termination or rescission of the labor contract;
6. Transfer of household registration, archives and social insurance.
The labor contract relationship between both parties shall be dissolved on the 3rd1day from the date of Party B's written notice. However, if it is not handled in time due to Party B's reasons, the handling time may be postponed, and the losses caused thereby shall be borne by Party B. ..
However, if the delay is caused by Party A, Party A shall go through the formalities for Party B and compensate Party B for its losses.
X matters not covered in this contract shall be implemented in accordance with laws, regulations, rules and policies.
Party A (seal): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.