Domicile:
Legal representative (principal responsible person):
Contact telephone number:
Name of Party B (laborer): Gender:
Current address:
Household registration location:
Household registration type (non-agricultural, agricultural):
ID number:
Or other valid certificate name:
Certificate number:
Contact telephone number:
According to the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B sign this contract on the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility.
I. Term of Labor Contract
Article 1 The term of this contract is agreed by both parties through consultation, and the following methods are adopted:
(1) Fixed term: MM DD YY to MM DD YY. Among them, the probation period starts from the date of month to the date of month.
(2) No fixed term: from the year, month and day. Among them, the probation period starts from the date of month to the date of month.
(3) The deadline is to complete certain tasks: from (year) to (year).
Second, the work content and work place
Article 2 Party B agrees to engage in
Post (type of work) work.
Party A and Party B may sign a post agreement to stipulate the specific responsibilities and requirements of the post.
Article 3 Party B shall, according to the work content and requirements arranged by Party A, earnestly perform the post responsibilities, complete the work tasks on time, and abide by the rules and regulations formulated by Party A according to law.
Article 4 According to the working characteristics of Party A's post (type of work), Party B's working area or place is.
Article 5 If Party A needs to adjust Party B's work content due to production and operation, this contract shall be modified through negotiation. The agreement or legal change notice signed or sealed by both parties shall be the annex of this contract.
Third, working hours and rest and vacation.
Article 6 Party A arranges Party B to implement the working hour system.
(1) Standard working hours system: Party B's daily working hours shall not exceed eight hours, and the average weekly working hours shall not exceed forty hours, with at least one day off every week.
(II) Working system of comprehensive calculation of working hours: Party B adopts the working system of comprehensive calculation of working hours, with (fill in "Yes"): year (), quarter (), month () or week () as the cycle.
(III) Flexible working hours system: Party B shall implement flexible working hours system in his post.
Where the comprehensive working hours system or irregular working hours system is implemented, Party A shall report to the administrative department of labor and social security for approval before implementation.
Article 7 Party A shall guarantee Party B's right to rest according to law. Party B is entitled to legal holidays, family leave, weddings and funerals, family planning, paid annual leave and other vacation rights according to law.
Article 8 Due to the needs of production and operation, Party A may extend the working hours after consultation with the trade union and Party B, generally not exceeding one hour per day; Where it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day and thirty-six hours per month under the condition of ensuring Party B's health.
Fourth, labor remuneration.
Article 9 Party A shall determine the wage distribution system of this unit according to its production and operation characteristics and economic benefits. The salary level of Party B shall be determined according to the salary distribution system of the unit, combined with Party B's labor skills, labor intensity, working conditions and labor contribution.
Article 10 Party A shall pay Party B's salary in the following ways.
(1) hourly wage. The salary standard of Party B is RMB/month (week), and the performance salary (bonus) is determined according to Party B's work performance, labor achievement and actual contribution according to the internal distribution method.
(2) Piece rate. When Party A implements the piece-rate wage system, it shall formulate scientific and reasonable labor quota standards, and ensure that Party B's labor quota is completed by more than 80% of the workers in the same position in the unit within the statutory working hours, and Party B will complete Party A's quota with good quality within the statutory working hours, and Party A will pay Party B's salary in full and on time according to the agreed quota, piece-rate price and Party B's work performance.
The labor quota of Party B is, and the piece rate is.
(III) Determined according to the wage distribution system formulated by Party A according to law.
The salary standard of Party B during the probation period is RMB/month (not less than the salary agreed in items (1), (2) and (3) of the preceding paragraph or 80% of the minimum salary of the same position in the company, and not less than the minimum salary standard in the place where the company is located).
Article 11 Party A shall pay Party B in full by cash or transfer before each month. In case of holidays or rest days, payment shall be made in advance to the nearest working day. Where Party B provides normal labor, the salary paid by Party A to Party B shall not be lower than the local minimum wage standard.
Party A shall record the time, amount, project and signature in writing. Pay Party B's salary and provide Party B with a salary list. Party B has the right to inquire about its salary payment records, and Party A shall provide relevant information in time.
Article 12 If the work stoppage is not caused by Party B, or the work stoppage is within the salary payment period, Party A shall pay Party B the normal salary; If Party A stops work for more than one salary payment period and arranges Party B to work, Party A shall pay the salary according to the newly agreed standard, but it shall not be lower than the local minimum wage standard; If Party A fails to arrange Party B to work and Party B does not work in other units, Party A shall pay Party B the basic living expenses not less than 70% of the local minimum wage. Unless otherwise stipulated by the state and the province, such provisions shall prevail.
Article 13 Where Party A arranges for Party B to extend working hours or work on rest days and legal holidays, it shall arrange for Party B to take compensatory time off according to law or pay Party B overtime wages in accordance with relevant state regulations. Party A shall pay overtime wages to Party B on or before the next wage payment date. The salary base for calculating overtime pay shall be determined according to the actual salary after deducting the overtime pay of the current month from the normal labor income provided by Party B last month. If Party B fails to provide normal labor in the last month, it shall be determined by deducting overtime pay from the actual salary of the month when Party B provides normal labor.
Verb (abbreviation for verb) social insurance and welfare
Article 14 Party A and Party B must participate in social insurance in accordance with national, provincial and municipal laws, regulations and policies on social insurance and pay various social insurance premiums according to law. Among them, the part borne by Party B shall be withheld and remitted by Party A. ..
Article 15 During the contract period, Party B's rest and vacation, illness or injury, occupational disease or work-related injury, maternity, death and other benefits, as well as the duration and benefits of medical treatment, pregnancy, childbirth and lactation, shall be implemented in accordance with the provisions of relevant laws and regulations.
Article 16 Party A shall provide Party B with the following supplementary insurance and welfare benefits:
Six, labor protection, working conditions and occupational hazard protection
Article 17 Party A shall establish and improve the operating rules, work norms, labor safety and health and occupational hazard protection system, and provide necessary training to Party B.. Party B shall strictly abide by all rules, regulations and operating procedures during the labor process.
Article 18 Party A shall provide Party B with labor safety and health conditions and necessary labor protection articles that meet the national regulations. Where Party B is arranged to engage in operations with occupational hazards, Party B shall undergo regular health examination.
Article 19 Party A shall fulfill the obligation to truthfully inform Party B of the positions that may cause occupational hazards, and provide Party B with labor safety and health education to prevent accidents in the labor process and reduce occupational hazards.
Article 20 Party B has the right to refuse if Party A gives orders against regulations, forces risks and endangers Party B's personal safety. Party B has the right to criticize, report and accuse the employing unit of working conditions that endanger life safety and health.
Seven. Performance and change of labor contract
Article 21 Party A and Party B shall fully perform their respective obligations in accordance with the provisions of this contract.
Article 22 The change of Party A's name, legal representative, principal responsible person or investor shall not affect the performance of this contract.
Article 23 In the event of merger or division of Party A, this contract shall remain valid, and the unit that inherits the rights and obligations of Party A shall continue to perform it. ..
Article 24 The contents agreed in this contract can be changed after both parties reach an agreement through consultation and confirm in writing.
Eight. Dissolution and termination of labor contract
Article 25 Both parties shall dissolve and terminate this Contract in accordance with the provisions of Articles 36, 37, 38, 39, 40, 41, 42, 43 and 44 of the Labor Contract Law.
Article 26 If both parties dissolve or terminate this contract and meet the conditions stipulated in Article 46 of the Labor Contract Law, Party A shall pay economic compensation to Party B according to law.
Article 27 If Party A dissolves or terminates this contract illegally and Party B requests to continue to perform this contract, Party A shall continue to perform it; If Party B does not request to continue to perform this contract or this contract cannot be continued, Party A shall pay compensation to Party B at twice the standard of economic compensation according to law.
If Party B dissolves the Labor Contract illegally, causing losses to Party A, it shall be liable for compensation.
Article 28 When this contract is dissolved or terminated, Party A shall issue a certificate of dissolution or termination of the labor contract in accordance with relevant laws and regulations, and handle the transfer formalities of the file and social insurance relationship for Party B within fifteen days.
Party B shall handle the work handover as agreed by both parties. If economic compensation should be paid, it should be paid at the time of handover.
Nine. any other business
Article 29 Party A shall provide Party B with special training fees and professional technical training, and both parties may sign a special agreement to stipulate the service period.
If Party B violates the service period agreement, it shall pay liquidated damages as agreed.
Article 30 Where Party B has the obligation of confidentiality, both parties may sign a special agreement to stipulate the terms of non-competition.
If Party B violates the non-competition agreement, it shall pay liquidated damages as agreed. If losses are caused to the employing unit, it shall be liable for compensation.
Article 31 The following agreements are annexes to this contract:
1, labor contract renewal letter
2. Changes to the labor contract.
3. Late agreement
4. Training agreement
5. Confidentiality agreement
6、
Article 32 Other matters agreed by both parties:
Article 33 Any labor dispute arising from the performance of this contract between Party A and Party B may be settled through negotiation. If negotiation fails, it may apply for arbitration or bring a lawsuit according to law.
Article 34 Matters not covered in this contract shall be implemented in accordance with relevant national and provincial regulations.
Article 35 This contract shall come into effect as of the date of signature or seal by both parties. This contract is made in duplicate, one for each party.
Tip: Both parties to the contract should know the contents of this contract before deciding whether to sign it. Once signed, it must be strictly implemented. Party B must sign this contract in person, and may not sign it on his behalf; Party A must be signed (sealed) by the legal representative (principal responsible person) or his entrusted agent.
Party A (official seal) and Party B (signature)
Legal representative (principal responsible person)
Or entrust an agent (signature or seal)
Date of signature: year month date of signature: year month day.
Attachment 1:
Renewal of labor contract
Through negotiation, Party A and Party B agree to renew the labor contract signed on, and the renewal period is a fixed-term contract (with a fixed term and no fixed term, with the completion of certain work as the term), and the term is from, to,.
Party A (official seal) and Party B (signature)
Legal representative (principal responsible person)
Or entrust an agent (signature or seal)
Date of signature: year month date of signature: year month day.
Attachment 2:
the change of labor contract
On the basis of equality, voluntariness and consensus, Party A and Party B agree to make the following changes to the labor contract signed by ():
Other contents remain unchanged.
Party A (official seal) and Party B (signature)
Legal representative (principal responsible person)
Or entrust an agent (signature or seal)
Date of signature: year month date of signature: year month day.
You need to know when signing the contract
1. The employer and the employee shall ensure that all information provided to the other party related to the performance of the labor contract is true and effective.
2. If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.
3. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, in addition to the employee's proposal to conclude a fixed-term labor contract, an open-ended labor contract shall also be concluded: (1) The employee has worked in the employer for ten years continuously; (2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age; (3) A fixed-term labor contract has been concluded for two consecutive times, and the employee has not renewed the labor contract under the circumstances specified in Article 39 and Paragraph 1 and Paragraph 2 of Article 40 of the Labor Contract Law.
4. Except for the agreed service period and non-competition clauses, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
Please fill in the labor contract with pen or signature pen, and the handwriting must be clear, and it is not allowed to be altered unilaterally.
6. This article is not suitable for part-time jobs.
7. Please call: 12333 or visit.
Relevant provisions of the Labor Contract Law and relevant provincial policies.
Article 38 of the Labor Contract Law: In any of the following circumstances, the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off employees:
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
When reducing personnel, priority should be given to retaining the following personnel:
(1) Concluding a long-term fixed-term labor contract with the unit;
(2) Concluding an open-ended labor contract with the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(four) female workers during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 43 When an employer unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union has the right to ask the employer to correct it. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing.
Article 44 A labor contract shall be terminated under any of the following circumstances:
(a) the expiration of the labor contract;
(two) workers began to enjoy the basic old-age insurance benefits according to law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) The employing unit is declared bankrupt according to law;
(5) The business license of the employing unit is revoked, ordered to close down or revoked, or the employing unit decides to dissolve in advance;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Provisions of Shandong Province on Wage Payment of Enterprises (OrderNo. 102 of the Provincial Government) [2006] 188)
Article 26 Where an employee suffers from work-related injuries or occupational diseases, the enterprise shall pay the employee the wages during the period of shutdown with pay in accordance with the Regulations on Work-related Injury Insurance.
If a worker falls ill or suffers non-work-related injuries during the medical treatment period stipulated by the state, the enterprise shall pay sick pay or disease relief funds in accordance with the relevant provisions of the state and the province, and the sick pay or disease relief funds shall not be less than 80% of the local minimum wage standard.
Infectious diseases listed in the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases are classified as Class A infectious diseases. Suspected patients and close contacts of infectious diseases that are not classified as Class A infectious diseases but are controlled according to Class A infectious diseases are excluded as patients after isolated observation or detention. The enterprise shall pay the wages during the period of isolation observation or detention according to the standard that workers provide normal work.