With the increasing awareness of people's law, more and more people mediate civil relations through contracts. When reaching an agreement, they can enjoy certain freedom in making contracts. Do you know what the main contents of the employment contract are? The following small series has compiled some model essays on employment contracts for everyone here, hoping to help everyone!
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# Model essay on employment contract (1)#
Party A (employing unit):
Party B (employee):
Party A and Party B sign this contract on the principle of voluntariness, equality and consensus in accordance with relevant laws and regulations of the state and this Municipality.
Article 1 The term of the contract is
1. The contract is valid from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. one month before the expiration of the employment contract, the employment contract can be renewed with the consent of both parties through consultation.
3. The time limit for signing the employment contract shall not exceed the retirement time stipulated by the state. If the state and this Municipality have other provisions that can extend (postpone) the retirement age, Party B may renew the employment contract according to the prescribed conditions when it reaches the legal retirement age.
4. after the expiration of this contract, if either party thinks that it will not renew the employment contract, it shall notify the other party in writing one month before the expiration of this contract.
Article 2 Jobs
1. Party A shall sign a job employment contract with Party B according to the needs of work tasks and Party B's job intention, and specify Party B's specific job position and responsibilities.
2. Party A can adjust Party B's post and re-sign the post employment contract according to the work needs and Party B's business, work ability and performance.
article 3 working conditions and labor protection
1. party a shall work 41 hours a week and 8 hours a day.
2. Party A shall provide Party B with a safe and hygienic working environment that conforms to the national regulations, and ensure Party B's personal safety and work in an environment where human body is not endangered.
3. Party A shall provide Party B with necessary labor protection articles according to the actual situation of Party B's post and relevant national regulations.
4. Party A can organize Party B to participate in necessary business knowledge training according to the work needs.
Article 4 Remuneration for Work
1. According to the relevant regulations of the state, municipal government and units, Party A pays Party B a monthly salary of RMB _ _ _ _ _ _.
2. Party A adjusts Party B's salary according to the relevant regulations of the state, municipal government and units.
3. Party B enjoys the stipulated welfare benefits.
4. party b shall enjoy the statutory holidays, winter and summer vacations, family leave, wedding leave, _ _ _ _ _ and other holidays stipulated by the state.
5. Party A shall pay the old-age insurance, unemployment insurance and other social insurance for Party B on schedule.
Article 5 Work Discipline, Reward and Punishment
1. Party B shall abide by national laws and regulations.
2. Party B shall abide by all rules and regulations and labor discipline stipulated by Party A and consciously obey the management and education of Party A..
3. according to the relevant regulations of the municipal government and the unit, party a will reward party b according to his work performance and contribution.
4. if party b violates party a's rules and regulations and labor discipline, party a will be punished according to the relevant regulations of the municipal government and the unit.
article 6 modification, termination and dissolution of the employment contract
1. after the employment contract is signed according to law, both parties to the contract must fully perform their obligations stipulated in the contract, and neither party may modify the contract without authorization. If it is really necessary to change the contract, both parties shall reach an agreement through consultation and change the contract according to the original signing procedure. If both parties fail to reach an agreement, the original contract shall remain valid.
2. When the employment contract expires or the termination conditions agreed by both parties appear, the employment contract will automatically terminate. One month before the expiration of the employment contract, the employment contract may be renewed with the consent of both parties through consultation.
3. When Party A's company is cancelled, the employment contract will be terminated automatically.
4. The employment contract can be dissolved after both parties reach an agreement through consultation.
5. if party b has any of the following circumstances, party a may terminate the employment contract.
(1) Party B is proved not to meet the employment conditions during the probation period;
(2) serious violation of work discipline or rules and regulations of the employing unit;
(3) intentionally failing to complete the work task, causing serious losses to the company;
(4) serious dereliction of duty and graft, which has caused great damage to the interests of Party A;
(5) being investigated for criminal responsibility according to law.
6. under any of the following circumstances, party a may terminate the employment contract, but it shall notify the employee in writing 31 days in advance.
(1) after the expiration of medical treatment for illness or non-work-related injury, Party B is unable to engage in the original job or unwilling to engage in other appropriate jobs arranged by Party A..
(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 employment contract was concluded have changed greatly, so that the signed employment contract can not be fulfilled, and no agreement can be reached on changing the employment contract through consultation between the parties;
(4) Party B fails to perform the employment contract.
7. Under any of the following circumstances, Party A cannot terminate or dissolve the employment contract
(1) Party B is sick or injured within the prescribed medical treatment period (except those in accordance with Article 3, paragraph 5 of the Implementation Opinions);
(2) Female employees are during pregnancy, childbirth and lactation (except those who meet the provisions of Article 3, paragraph 5 of the Implementation Opinions);
(3) Other circumstances stipulated by laws and regulations.
8. under any of the following circumstances, party b may notify the employing unit to terminate the employment contract.
(1) during the probation period;
(2) Party A fails to pay remuneration or provide working conditions as agreed in the employment contract.
9. if party b requests to terminate the employment contract, it shall notify party a in writing 31 days in advance.
article 7 economic compensation for violating and dissolving the employment contract
1. if the parties to the employment contract reach an agreement through consultation, and Party A dissolves the employment contract (excluding the probationary period), Party A shall pay economic compensation equivalent to one month's salary for each full year, with a maximum of 12 months.
2. if party b is not competent for the job, and is still incompetent after training or post adjustment, and party a terminates the employment contract, party a shall pay economic compensation equivalent to one month's salary for each year of working in this unit, with a maximum of 12 months.
3. The objective conditions on which the employment contract was concluded have changed greatly, so that the signed contract can't be performed, and the parties can't reach an agreement on changing the contract through consultation. If Party A terminates the employment contract, Party A will pay the employee an economic compensation of one month's salary according to his working years in this unit and every full year of working time.
4. if party a's unit is cancelled, party a shall pay economic compensation according to the working years of party b in this unit before being cancelled. For every full year of working hours, an economic compensation equivalent to one month's salary is paid. (The calculated salary of economic compensation is the average salary of Party B in the previous year when the employment contract is terminated).
5. during the performance of the employment contract, if party b requests to terminate the employment contract, it shall pay party a the liquidated damages as the basic salary of the current month according to the time limit stipulated in the employment contract.
6. if party b notifies party a to terminate the employment contract because "the employer fails to pay the remuneration as agreed in the employment contract", party a shall settle the settlement and terminate the employment contract as agreed in the contract and pay the unpaid remuneration at the same time.
Article 8 Other Matters
1. In case of personnel disputes arising from the implementation of the employment contract, Party A and Party B shall first apply for arbitration according to the law, and if they are not satisfied with the arbitration award, they may bring a lawsuit to the people's court.
2. this contract is made in triplicate, two for party a and one for party b, and shall come into effect after being signed by both parties.
3. in case of any conflict between the terms of this contract and national laws and regulations, the latter shall prevail.
Party A (seal) and Party B (signature)
Representative (signature)
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ii. rights and responsibilities of party c
provide domestic helpers to party a. Establish a delivery base for domestic servants and maintain regular contact, and ensure that domestic servants have clear sources, clear identities, complete procedures and good health. Charge Party A a one-time usage fee and handling fee of ***411 yuan only (* * can hire domestic helpers for Party A for three times within half a month, and there is no charge).
iii. rights and responsibilities of party a
1. timely pay the domestic helper a probation salary of RMB yuan per month, and the probation period is one month (if you are not satisfied with Party B's work within one month, you may request to terminate the contract and only pay Party B a probation salary of RMB yuan per month). Domestic helpers have two days off every month (including festivals and holidays stipulated by the state). Shall not be in arrears or withhold the wages of domestic helpers.
2. Provide free normal meals to domestic helpers. And treat people equally, without discrimination or abuse, and ensure the personal and property safety of domestic servants during their service. Have the obligation to guide the domestic service work of domestic servants. If you are dissatisfied with the service of the domestic helper, you can dismiss the waiter at any time and terminate this contract. You must inform Party B one month in advance and pay the monthly salary.
3. Party B has the right to request and arrange the domestic servant to have a physical examination. If the physical examination fails, the expenses shall be borne by the domestic servant, otherwise, Party A shall bear the expenses.
4. Have the right to refuse domestic helpers to bring fellow villagers, relatives and friends into their homes. Have the right to refuse domestic helpers to use long-distance telephone at home.
5. party a's home ornaments, jewelry, cash and other valuables shall be properly kept by itself. For the economic losses caused by the work mistakes of domestic servants, they have the right to demand compensation from domestic servants.
6. If the domestic helper is found to have an illness that makes him incompetent in domestic service, he can immediately terminate the contract and pay the domestic helper the salary according to the actual working days (61 yuan per day). Domestic servants should pay attention to their own safety in their work. In case of safety accidents, Party A and Party B should take their respective responsibilities according to the accident responsibilities.
iv. rights and responsibilities of party b
1. respect and safeguard the legal rights of party a and party c, consciously perform the domestic service items stipulated in this contract and serve them sincerely.
2. Party B has the right to receive labor wages on time and on a monthly basis, with two days off (including holidays). If overtime is required, it has the right to negotiate with Party A to increase wages.
3. Have the right to refuse all unreasonable demands made by Party A.. Have the right to protect their personal and property rights from infringement.
4. Do a good job in domestic service with peace of mind; In case of special circumstances (illness of relatives, family emergency, etc.), if you need to go home for treatment, you should first obtain the consent of Party A, and you should not leave your post without authorization, and agree to pay your salary according to the actual working days in that month.
5. Party B must respect the clients of the employer, and shall not participate in the domestic affairs and neighborhood disputes of Party A, respect the living habits of Party A's family, and shall not abuse the clients. Don't bring relatives, friends and others into Party A's home without authorization, and don't rummage through Party A's belongings.
6. Party B shall not maliciously communicate with other domestic service personnel, which will damage the legitimate rights and interests of Party A and Party C..
7. if party b terminates the contract in advance, it shall notify party a one month in advance, and the monthly salary shall be paid according to the actual working days. This agreement is made in triplicate, with each party holding one copy, which shall come into force with the same legal effect.
party a:
party b:
party c:
21__ _ _ _ _ _ _
# model employment contract (chapter 3)#
party a (employer) and party b (employee)
name
address gender
.
1. both parties agree to determine the term of the contract according to the following method.
1. There is a fixed term: from the date of the month to the date of the month.
2. No fixed term: from year, month and day.
3. The deadline is to complete certain tasks: from the date of the month to the time when the tasks are completed.
4. The probation period is
2. Party B's work content and place
3. Party B is entitled to statutory holidays, annual leave, marriage leave, maternity leave and funeral leave according to law. Party A and Party B agree to determine Party B's working hours according to the following method.
1. standard working hours system, that is, working hours per day and working hours per week.
2. With the approval of the human resources security (labor) department, flexible working hours are implemented.
3. With the approval of the human resources security (labor) department, the working system of comprehensive calculation of working hours is implemented.
iv. party a pays wages on the day of each month. After consultation with Party B, Party A agrees to pay Party B's salary according to the following option.
1. Party B's monthly salary for normal working hours is RMB; During the probation period, the monthly salary for normal working hours is RMB.
2. Both parties agree to determine Party B's salary.
5. Party A and Party B shall pay social insurance premiums and deposit housing accumulation fund in accordance with relevant regulations.
VI. Party A shall, in accordance with the relevant provisions on labor protection, provide workplaces and necessary labor protection articles that meet the national safety and health standards to protect the safety and health of Party B.. Party B's operation may cause occupational hazards.
VII. Other matters that both parties think need to be agreed upon:
VIII. Matters not covered in this contract shall be implemented in accordance with existing laws and regulations. This contract is made in duplicate, one for each party.
party a: (seal) party b: (signature)
legal representative (principal responsible person)
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Postal code:
Current address:
Tel:
# Model employment contract (Chapter 4)#
Employer: _ _ _ _ _ _ _ _ law firm
Employee: _ _ _ _ _ _ _
Gender:. Contract basis:
_ _ _ _ _ _ _. (Note: According to the Measures for the Administration of Employment Contracts of Law Firms in _ _ _ _, the Standard Form and Necessary Clauses of Employment Contracts and the Law Firm's _ _ _ _