Content of employment agreement: 1, basic identity information of both parties; 2. Duration of labor; 3. probation period; 4. work; 5. Job responsibilities and labor protection; 6. remuneration for work; 7. Work discipline, punishment and reward; 8. Description of personal leave; 9. Alteration, termination and rescission of the contract; 10, other matters; 1 1, signature and effective date.
Employment agreement 1
Party A (employer): _ _ _ _ _ _
Party B (Party B): _ _ _ _ _ _
Party A and Party B sign this contract on the principle of voluntariness, equality and consensus in accordance with the relevant laws and regulations of the state and _ _ _ _ _ _.
Article 1 Term of Contract
1. The validity of this contract: 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 term of signing the employment contract shall not exceed the retirement time stipulated by the state. If the country and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. After the expiration of this contract, if either party thinks that the employment contract will not be renewed, it shall notify the other party in writing one month before the expiration of this contract.
Article 2 probation period
The probation period is _ _ _ _ _ _ _ days, starting from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 Work
1. Party A shall sign a post employment contract with Party B according to the needs of work tasks and Party B's post intention, and define Party B's specific post and responsibilities.
2. Party A may adjust Party B's post according to the work needs and Party B's business, work ability and performance, and re-sign the post employment contract.
Article 4 Working conditions and labor protection
1. Party A works _ _ _ hours a week and _ _ _ _ hours a day.
2. Party A shall provide Party B with a safe and hygienic working environment in line with national regulations, and ensure Party B's personal safety and work in an environment that does not endanger personal safety.
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 needs of work.
Article 5 Remuneration for Work
1. According to the relevant regulations of the state, municipal government and units, Party A pays Party B the salary of RMB yuan per month.
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 statutory holidays, winter and summer vacations, family leave, marriage leave, family planning and other holidays stipulated by the state.
5. Party A shall pay endowment insurance, unemployment insurance and other social insurance for Party B on time.
Article 6 Work discipline and rewards and punishments
1. Party B shall abide by national laws and regulations.
2. Party B shall abide by Party A's rules and regulations and labor discipline, and consciously obey Party A's management and education. ..
3. Party A will reward Party B according to the relevant regulations of the municipal government and units and Party B's work performance and contribution. ..
4. If Party B violates Party A's rules and regulations and labor discipline, Party A will punish it according to the relevant regulations of the municipal government and the unit.
Article 7 Sick leave and personal leave
1. When Party B asks for sick leave, it must have the certificate from the doctor designated by Party A. During a contract period (_ _ _ _ _ _ _ _ _ _ year or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. If the contract is not terminated, the salary shall be paid at _ _ _ _ _ _% until the normal work is resumed. During the contract period, the medical expenses incurred by Party B in the hospital designated by the local government on business trip shall be paid by Party A; The medical expenses for going out for personal treatment are self-care.
2. Party B's leave must be approved by Party A, and Party A will deduct the salary on a daily basis. During the contract period (_ _ _ _ _ _ _ year or _ _ _ _ _ _ _ school year), if he leaves his post without Party A's consent, the accumulated leave shall not exceed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. He will be absent for _ _ _ _ _ _ _ _ days.
Article 8 Modification, termination and rescission of a labor 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 change 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 can't reach an agreement, the original contract is still valid.
2. When the employment contract expires or the termination conditions agreed by both parties appear, the employment contract will be automatically terminated. One month before the expiration of the employment contract, the employment contract may be renewed with the consent of both parties through consultation.
3. The employment contract will be automatically terminated when the company of Party A cancels.
4. The employment contract can be terminated 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) is proved not to meet the employment conditions during the probation period;
(two) a serious violation of work discipline or the rules and regulations of the employer;
(3) Deliberately failing to complete the 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 punishment according to law.
Be responsible for things.
6. 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) After the expiration of medical treatment for illness or non-work-related injury, Party B is unable to take up the original job or unwilling to take up 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 labor contract was concluded have changed greatly, so that the signed labor contract can not be performed, and the parties can not reach an agreement on changing the labor contract through consultation;
(4) Party B fails to perform the labor contract.
7. Under any of the following circumstances, Party A shall not terminate or dissolve the Labor Contract.
(1) Party B is sick or injured within the prescribed medical treatment period;
(2) Female employees during pregnancy, childbirth and lactation;
(3) Other circumstances stipulated by laws and regulations.
8. In any of the following circumstances, Party B may notify the employing unit to terminate the employment contract.
(1) is in probation;
(2) Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
9. Party B shall notify Party A in writing 30 days in advance if it wants to terminate the labor contract.
Article 9 Economic compensation for violation and termination of labor contracts
1. The parties to the labor contract reach an agreement through consultation that if Party A terminates the labor contract (excluding the probation period), Party A shall pay the economic compensation equivalent to one month's salary for each year, with a maximum of twelve months.
2. If Party B is incompetent for the job and Party A cancels the employment contract after training or post adjustment, Party A shall pay Party B the economic compensation equivalent to one month's salary for each full year of working in this unit, with a maximum of twelve months.
3. Significant changes have taken place in the objective conditions on which the labor contract was concluded, so that the signed labor contract cannot be performed. If both parties cannot reach an agreement on changing the labor contract through consultation, and Party A terminates the labor contract, Party A will pay the economic compensation equivalent to one month's salary for each year of working in the company.
4. If Party A's unit is revoked, Party A shall pay economic compensation according to the working years of Party B in this unit before being revoked. Pay economic compensation equivalent to one month's salary for every full year of working hours. (The calculated salary of economic compensation is the average salary of Party B in the previous year when the Labor Contract is dissolved).
5. During the performance of the labor contract, if Party B requests to terminate the labor contract, it shall pay liquidated damages to Party A as the basic salary of the month according to the time limit stipulated in the labor contract.
6. If Party B notifies Party A to terminate the labor contract because Party A fails to pay the labor remuneration as agreed in the labor contract, Party A shall settle and terminate the labor contract as agreed in this contract and pay the unpaid labor remuneration at the same time.
Article 10 Other matters
1. In case of personnel disputes arising from the performance of the employment contract, Party A and Party B shall first apply for arbitration according to law. If one party refuses to accept the arbitration award, it 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 the national laws and regulations, the national laws and regulations shall prevail.
Party A (seal): _ _ _ _ Party B (signature): _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Employment agreement 2
Party A:
Party B:
According to the Labor Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B agree to sign this contract through equal and voluntary negotiation, and * * * will jointly abide by the terms listed in this contract.
I. Term of Labor Contract
Article 1 This contract is a fixed-term labor contract, and the term of the contract is from year month to year month.
Article 2 The probation period of this contract starts from the date of month to the date of month.
Article 3 If the departure time of Party B is inconsistent with the agreed time, the departure time of this contract shall be the actual arrival date.
Second, the work content and work place
Article 4 According to Party A's work needs, Party B agrees to engage in post work, and Party B's work place is Party A's business premises.
Article 5 During the validity of the contract, Party A may adjust Party B's post, work content and work place on the basis of full consultation with Party B according to the company's business needs and Party B's skills and performance.
Article 6 During the validity of this contract, when Party A adjusts Party B's post, work place and work content, it will not sign another labor contract with Party B, but only make corresponding changes in the original contract; Party B shall perform the duties, work contents and relevant agreements of the new post, and sign the contract according to the new post and work place after the expiration of the original contract.
Third, working hours and rest and vacation.
Article 7 Party A shall formulate the working hours and rest and vacation system for employees according to law; Party B shall abide by the working hours and rest and vacation system formulated by Party A according to law, and go to work according to regulations.
Article 8 The wedding and funeral leave and maternity leave enjoyed by Party B according to law shall be implemented in accordance with the relevant rules and regulations formulated by Party A according to law.
Article 9 If Party A arranges Party B to extend working hours or work overtime on holidays due to the needs of the project, Party B shall obey the unified arrangement of Party A; Overtime expenses are paid in the project commission.
Article 10 Party B cannot decide to work overtime on its own, but it must be arranged by the superior or reported to the superior for approval according to the procedure, otherwise it will not be regarded as overtime.
Fourth, labor remuneration.
Article 11 Party A shall, in accordance with the provisions of laws and regulations, follow the principle of distribution according to work, combine the actual situation of the company and
Party B's post and determine Party B's salary level.
Article 12 The monthly salary standard of Party B during the probation period is RMB, and the salary standard after the probation period shall be implemented according to the salary management measures formulated by Party A according to law, but the salary paid by Party A to Party B shall not be lower than the minimum wage standard of the current year published by the local government.
Article 13 Party A has the right to adjust Party B's salary according to the production and operation conditions, the change of Party B's post and the salary management measures formulated according to law.
Article 14 Party A shall pay in full in cash on the day of each month according to the monthly salary standard stipulated by the company.
Pay salary to Party B, in case of holidays, one day in advance or until the end of holidays; Pay Party B the full monthly bonus (i.e. sales commission) in cash on the day of each month.
Article 15 If Party B has any objection to the salary paid by Party A, it shall raise it within 10 days from the date of salary settlement.
If it is submitted to Party A in written form, it will be deemed that there is no objection after the deadline.
Verb (abbreviation for verb) social insurance and welfare
Article 16 Party A and Party B shall implement the national regulations on social insurance and welfare.
Article 17 Where Party B suffers from illness or non-work-related injury, his sick pay and medical treatment shall be formulated by Party A according to law.
Implementation of relevant systems.
Article 18 The treatment of Party B suffering from occupational diseases or work-related injuries shall be implemented according to the relevant regulations of the state and this province.
Six, labor protection, working conditions and occupational hazard protection
Article 19 Party A shall provide Party B with working conditions and necessary labor protection that meet the labor standards stipulated by the state.
Protect articles and effectively protect the safety and health of Party B at work.
Article 20 Party A shall be responsible for Party B's ideological and political, professional ethics, business technology, labor safety and health and
For the education and training of relevant rules and regulations, Party B shall consciously abide by the regulations of the state and the company.
Article 21 Where Party B is harmed by occupational diseases in the course of work, Party A shall implement it in accordance with the Law on the Prevention and Control of Occupational Diseases and other laws and regulations.
Provisions on protecting Party B's health and related rights and interests.
Seven. Alteration, rescission, termination and renewal of the labor contract
Article 22 During the validity period of the labor contract, both parties can follow the principles of equality, voluntariness and consensus through consultation.
In principle, some terms of the labor contract shall be changed according to law.
Article 23 Changes in the laws, regulations and rules on which a labor contract is concluded lead to changes in this contract.
When the production capacity changes, the relevant contents of this contract can be changed.
Article 24 If the objective circumstances on which this contract was concluded have changed significantly, which makes this contract impossible to perform, Party A shall
With the consent of both parties, the relevant contents of this contract can be changed or the contract can be dissolved.
Article 25 This contract can be dissolved after both parties reach an agreement through consultation.
Article 26 If Party B is under any of the following circumstances, Party A may immediately terminate the labor contract:
1. Upon verification, the personal information provided by Party B to Party A when applying for the job is false, including but not limited to: resignation certificate and ID card.
Ming, household registration certificate, education certificate, medical certificate, past work experience, family members and major social relations;
2. Party B seriously violates this Contract or Party A's rules and regulations;
3. Other circumstances stipulated by laws and regulations.
Article 27 The dissolution of the labor contract by Party A and Party B must be carried out in accordance with the relevant national laws and regulations and the relevant system formulated by Party A according to law.
Article 28 This contract shall be automatically terminated in any of the following circumstances:
1. When the contract expires, both parties cannot reach an agreement on renewing the labor contract;
2. Party A is in poor operating condition or goes bankrupt;
3. Party B enlists in the army or performs other legal obligations stipulated by the state;
4. Other circumstances stipulated by laws and regulations.
Article 29 Before the expiration of this contract, Party A and Party B shall make a list of matters concerning the renewal or termination of this contract according to relevant regulations.
Make clear your opinions and go through relevant written procedures.
Eight. Other contents agreed by both parties through consultation.
Article 30 Party B shall keep Party A's business secrets and shall not disclose them to any third party (including unemployed persons).
Party A's employees needed on the website). Party B's breach of confidentiality obligations is regarded as a serious breach of this contract. If economic losses are caused to Party A, Party A has the right to demand full compensation from Party B. This confidentiality obligation is still binding on Party B at any time after the termination or expiration of this contract.
Article 31 Other matters that need to be agreed by both parties:
Nine. Liability for breach of labor contract
Article 32 If Party B fails to submit his resignation to Party A 30 days in advance or has other behaviors of resignation without authorization, Party A will
After Party B handles the handover work, pay Party B the monthly salary and handle the relevant resignation procedures; Where economic losses are caused to Party A from this, Party B shall bear corresponding compensation responsibilities.
Article 33 Where either party violates this contract and its annexes, causing economic losses to the other party.
, should be based on the actual losses caused by compensation to the other party according to law.
Article 34 Where Party B is in any of the following circumstances, Party A has the right to deduct it from Party B's salary, bonus, allowance and subsidy. (including but not limited to this) shall be dealt with according to law. If the deduction is insufficient, Party A still has the right to claim the rest from Party B:
1. Laws and regulations and Party B's liability for compensation agreed in this contract;
2. Violate the rules and regulations formulated by Party A according to law;
3. Work mistakes cause economic losses to Party A;
4. Any other payment to Party A;
X. Handling of labor disputes
Article 35 When signing this contract, Party B shall ensure that there are no other labor relations. If the dispute caused by Party B's failure to terminate the labor relationship with the original work unit is regarded as a serious violation of this contract, Party A has the right to terminate the labor relationship with it immediately. All responsibilities shall be borne by Party B, and Party A shall not bear any legal responsibilities for this. Party B must also compensate Party A for any losses (including but not limited to external losses, recruitment fees, training fees, etc.). ).
Article 36 Any labor dispute arising between Party A and Party B during the performance of this Contract shall be settled through negotiation, if negotiation fails.
If one party requests arbitration, it shall submit it to the relevant department for arbitration within 60 days from the date of the labor dispute.
XI。 other terms
Article 37 Party B hereby confirms that it fully understands Party A's rules and regulations (including but not limited to employee handbook, reward and punishment measures, labor contract management measures, etc.). ), and confirm that these rules and regulations and the revised rules and regulations are an integral part of this contract and are binding on Party B. ..
Article 38 If Party B's mailing address changes, it shall immediately notify Party A in writing, otherwise Party A shall
Documents mailed by Party A to Party B according to the mailing address listed in this contract shall be deemed to have been delivered.
Article 39 Matters not covered in this contract shall be implemented in accordance with national and local laws and regulations and Party A's rules and regulations. Article 40 When the laws and regulations on which this contract is signed are amended or abolished, the new laws and regulations shall be implemented according to law.
Article 41 The following documents, as annexes to this contract, have the same effect as this contract:
1.
2.
Article 42 This contract shall come into force as of the date of signing.
Article 43 This contract is made in duplicate, with each party holding one copy.
Party A: Party A's representative (person in charge): Address: Party B: Gender: ID number: Address:
Employment agreement 3
Party A:
Party B:
Home phone:
Legal representative:
Gender:
Age:
Native place:
Contact telephone number:
ID number:
Address:
Household registration location:
Home phone:
According to the Labor Law of People's Republic of China (PRC) and relevant laws, Party A and Party B have reached the following agreement on the principle of voluntariness, mutual benefit and consensus:
I. Contract Terms and Work
1. This contract is applicable to catering, and the term is years, from year to year. Years of employment.
2. Party B is the head chef in the kitchen.
Second, working hours and rest time.
In view of the particularity of catering work, this contract implements a comprehensive timing system, that is, both parties agree that the daily working time is hours (including two meals), and Party B has one day off every month.
Third, wages and benefits.
Salary of Party B: RMB only (￥) per month. Wages are paid monthly.
Fourth, the payment of wages.
1. The monthly payday of Party A is 15, and Party A shall pay cash to Party B on a monthly basis without default, otherwise Party B has the right to require Party A to pay economic compensation according to relevant national regulations.
If Party B correctly performs this agreement, abides by Party A's rules and regulations, and has no breach of contract, the salary will be paid according to the contract.
Party B only enjoys holidays according to relevant national regulations. According to the specific situation, our company has the following regulations on holidays: one day off on May Day, two days off on National Day and three days off on Spring Festival. If Party B works normally during the holidays, his salary will be doubled. If Party B moves these holidays to another time, the salary during the holidays will be paid according to the usual salary standard.
Five, the construction period requirements
Party B must provide knowledge training to its subordinate employees during the employment contract period, so as to ensure the normal operation of the products and reach the monthly account given by Party A to Party B. ..
Intransitive verb labor protection and working conditions
Party A must provide Party B with labor safety, sanitary conditions and necessary labor protection articles that meet the national regulations.
Seven. Social insurance and welfare
1. Upon mutual consent, Party B shall purchase social insurance by itself.
2. Party A will continuously improve the welfare of Party B when the economic conditions permit.
3. Party B may require Party A to pay a salary deposit of RMB.
Eight, labor discipline
During the contract period, Party B shall:
1. Abide by all rules and regulations formulated by Party A according to law;
2, strictly abide by the safety operation procedures, to ensure safety in production;
3. Complete the tasks specified by Party A on time and with good quality;
4. Take care of Party A's property and keep Party A's business secrets;
5. Abide by the national and local family planning policies;
Nine. Alteration, dissolution, re-conclusion and termination of the contract
(1) This contract can be changed according to law with the consent of both parties.
(II) In any of the following circumstances, Party A may terminate the labor contract at any time without paying economic compensation to Party B.
1. Party A finds that Party B is incompetent;
2. Party B seriously violates Party A's labor discipline or Party A's rules and regulations;
3. Party B seriously neglects his duty and engages in malpractices for personal gain, thus causing heavy losses to Party A;
4. Party B is investigated for criminal responsibility according to law;
5. Other circumstances stipulated by laws and regulations.
(3) 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 A is often on the verge of bankruptcy or has serious difficulties due to poor production and operation, and needs to lay off employees;
2. Party B suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by Party A after the medical treatment expires;
3. The objective conditions on which this contract was concluded have changed greatly, which makes the original labor contract unable to be performed, and Party A and Party B cannot reach an agreement on changing the labor contract through consultation.
(IV) In any of the following circumstances, Party B may notify Party A to terminate the Labor Contract at any time:
1. Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract;
2. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
3. Other circumstances stipulated by laws and regulations.
Under any of the following circumstances, the labor contract shall be dissolved by itself:
1. Party A is declared bankrupt according to law;
2. Party A is dissolved or revoked according to law;
3. Party B's entity does not exist;
(VI) Except for the circumstances specified in Paragraph (5) of Article 8 of this Contract, Party B shall notify Party A in writing 30 days in advance of the termination of the Labor Contract.
Re-conclude the contract. If both parties agree to re-sign the contract when necessary, they can re-sign the contract through consultation.
(eight) the termination of the contract, the contract expires or the termination conditions agreed by both parties appear, and the contract is automatically terminated.
X. confidentiality clause
1. Party B shall immediately abide by the relevant laws and regulations of this contract and fulfill its obligation to keep business secrets from Party A.. The trade secrets mentioned in this contract refer to technical and commercial information that is not known to the public and can bring economic benefits to Party A, including management know-how, customer list, production and marketing strategies, etc. ;
2. If Party B violates this Contract or Party A's confidentiality requirements and discloses, uses or allows others to use Party A's business secrets, it will constitute Party A's breach of contract, and Party A has the right to take legal action to investigate Party B's liability for breach of contract and claim economic losses until Party B's behavioral responsibility is investigated.
3. Without Party A's consent, Party B shall not take the materials, words and pictures on Party A's computer out of the office, and shall not print or copy the company's materials without authorization.
XI。 responsibility for breach of contract
Legal liability of Party A's breach of contract
If Party A fails to pay wages to Party B as agreed in the contract, Party B may hold Party A responsible.
Legal liability of Party B's breach of contract
Where Party B violates the provisions of this Contract and terminates the Labor Contract in advance without reason, it shall compensate Party A for the following losses:
1, the cost of Party A's recruitment and training for Party B;
2. Direct economic losses caused to production, operation and work;
3. Other compensation expenses agreed in the labor contract;
4. Violation of confidentiality provisions shall be implemented according to the confidentiality contract signed by both parties;
5. In case of violation of the prohibition clause, the prohibition clause signed by both parties shall prevail;
Twelve. settlement of dispute
Any labor dispute between Party A and Party B shall be settled through negotiation. If negotiation fails, either party may apply to the competent department for handling.
13. This contract is made in duplicate, which shall come into effect as of the date of signature or seal by both parties, and each party holds one copy, with the same legal effect.
Signature of Party A: Signature of Party B:
Signature of representative:
Time and date: time and date:
The above is what Bian Xiao shared today, and I hope it will help everyone.