labour contract
Name of Party A (Employer):
Domicile:
Legal representative (entrusted representative)
Principal responsible person (entrusted representative)
Name of Party B (laborer):
Sex:
Date of birth:
Home address:
Resident identity card number (or other valid identity card number)
According to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and other laws, regulations and rules, Party A and Party B agree to sign this labor contract on the basis of equality, voluntariness and consensus, and jointly abide by the terms listed in this contract.
I. Term and duration of the contract
Article 1 Party A and Party B choose the following option _ _ _ _ to determine the term of this contract:
(1) Fixed term: from _ _ _ _ to _ _ _ _ _.
(2) No fixed term: starting from _ _ _ _ _ _ _ _ _
(3) The deadline is to complete certain tasks. Starting from _ _ _ _ _ _ _ _
The probation period starts from _ _ _ _ _ _ _ _ years.
Second, the work content and work place
Article 2 According to Party A's work needs, Party B agrees to take up the post (type of work) of _ _ _ _ _. The post (type of work) can be changed with the consent of both parties.
Article 3 Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
Article 4 Party B agrees to work in the workplace arranged by Party A.. According to the needs of Party A's work, the work place can be changed with the consent of both parties through consultation.
Third, working hours and rest and vacation.
Article 5 Party B shall implement the _ _ _ _ _ _ _ _ working hour system.
(1) Where the standard working hour system is implemented, Party A shall arrange for Party B to work no more than eight hours a day and forty hours a week. Party A may extend the working hours due to the needs of work after consultation with the trade union and Party B, and generally the working hours shall not exceed one hour per day. Where the working hours need to be extended due to special reasons, the working hours shall not exceed three hours per day and thirty-six hours per month under the condition of ensuring Party B's health.
(two) the implementation of comprehensive calculation of working hours, the average daily working hours shall not exceed 8 hours, and the average weekly working hours shall not exceed 40 hours.
(3) In case of irregular working hours, Party B shall arrange working hours and rest and vacation by itself.
Article 6 Where Party A extends Party B's working hours, it shall also arrange for Party B to take compensatory time off or pay overtime wages according to law.
Article 7 During the contract period, Party B enjoys the right to rest and vacation stipulated by the state, and Party A guarantees that Party B will have at least one day off every week.
Four. Labor protection and working conditions
Article 8 Party A shall strictly implement national and local laws, regulations and rules on labor protection, provide Party B with necessary working conditions and tools, establish and improve production technology, and formulate operating rules, work norms, labor safety and health systems and standards.
Article 9 Where Party B is engaged in the operation exposed to occupational hazards, Party A shall organize the occupational health examination before and after taking up the post according to the relevant national regulations, and conduct the occupational health examination on Party B regularly during the contract period.
Article 10 Party A has the obligation to educate and train Party B in political ideology, professional ethics, business technology, labor safety and health and relevant rules and regulations.
Article 11 Party B has the right to refuse Party A's illegal command, criticize Party A and its managers' disregard for Party B's safety and health, and report and accuse to relevant departments.
Verb (abbreviation of verb) labor remuneration
Article 12 The salary standard of Party B during the probation period is _ _ _ _ _ _ _ yuan/month. (The salary during the probation period shall not be lower than the minimum wage of the same position of the unit or 80% of the salary agreed in Article 13 of this contract, and shall not be lower than the minimum wage standard of the place where the employer is located. )
Article 13 After the probation period of Party B expires, Party A determines that Party B will implement the following salary forms according to the salary system of this unit:
(1) hourly wage. It consists of the following parts: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The standards are _ _ _ _ _ yuan/month, _ _ _ yuan/month, _ _ _ yuan/month and _ _ _ yuan/month respectively. If Party A's salary system changes or Party B's post changes, it shall be determined according to the new salary standard.
(2) Piece rate. Party A shall formulate a scientific and reasonable labor quota standard, and the piece-rate wage shall be RMB.
(3) Other forms of wages. See Article 44 of the Contract for specific agreement.
Article 14 Party A shall pay Party B monthly wages in legal tender. The payday is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 15 Where Party A arranges Party B to extend the daily working hours, it shall pay no less than150% of Party B's salary; Where Party B is arranged to work on the rest day and cannot make up the rest day, Party B shall be paid no less than 200% of the salary of Party B; Where Party B is arranged to work during the statutory holidays, it shall pay no less than 300% of Party B's salary.
Article 16 If Party A stops work, production or business for less than one month due to reasons other than Party B, Party A shall pay Party B the salary according to the salary standard agreed in this contract; If Party B is not arranged to work for more than one month, Party A shall pay Party B the shutdown living expenses according to the local unemployment insurance standard.
Article 17 Where Party A arranges Party B to work from 22: 00 to 6: 00 the next day, the night shift allowance for each working day is RMB _ _ _ _ _ _.
Article 18 Party B enjoys annual leave, family leave, funeral leave and other periods. Party A shall pay Party B the salary according to the relevant national and local standards or the standards agreed in the labor contract.
Intransitive verb social insurance and welfare
Article 19 Party A shall pay basic old-age insurance, basic medical insurance, unemployment insurance, industrial injury insurance and maternity insurance for Party B according to national and local laws, regulations and policies on social insurance; Party A may withhold and remit personal social insurance premiums from Party B's salary.
When Party A and Party B dissolve or terminate the labor contract, Party A shall handle the social insurance related procedures for Party B according to relevant regulations.
Article 20 The medical treatment for Party B's illness or non-work-related injury shall be implemented in accordance with relevant national and local policies and regulations.
Article 21 Party B's work-related injury treatment shall be implemented in accordance with relevant national and local policies and regulations.
Article 22 The treatment of Party B during pregnancy, childbirth and lactation shall be implemented in accordance with the relevant national and local maternity insurance policies.
Article 23 Party A shall provide Party B with the following welfare benefits:
1.__________________________________________
2.__________________________________________
3.__________________________________________
Seven, labor discipline and rules and regulations
Article 24 All rules and regulations formulated by Party A according to law shall be publicized to Party B. ..
Article 25 Party B shall strictly abide by the rules and regulations formulated by Party A, complete labor tasks, improve professional skills, implement labor safety and health regulations, and observe labor discipline and professional ethics.
Article 26 If Party B violates labor discipline, Party A may give corresponding administrative treatment, administrative punishment and economic punishment. According to the rules and regulations of the unit, until the contract is terminated.
Eight. Alteration, rescission, termination and renewal of the labor contract
Article 27 If the objective circumstances on which this contract was concluded have changed greatly, which makes this contract impossible to perform, the relevant contents of this contract can be changed through consultation between Party A and Party B. ..
Article 28 This contract can be dissolved after both parties reach an agreement through consultation.
Article 29 If Party B has any of the following circumstances, Party A may terminate this contract:
1. It is proved that it does not meet the employment conditions during the probation period;
Employment conditions are:
①____________________________________
②____________________________________
③____________________________________
2. Serious violation of labor discipline or Party A's rules and regulations;
3. Serious dereliction of duty, graft, causing great damage to the interests of Party A;
4. Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after Party A puts forward it;
5. Causing Party A to conclude or change the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Being investigated for criminal responsibility according to law.
Article 30 Under any of the following circumstances, Party A may terminate this 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 work or other work arranged by Party A after the medical treatment expires;
2. Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
3. According to Article 27 of this contract, both parties cannot reach an agreement on changing the contract.
Article 31 During the legal rectification period when Party A is on the verge of bankruptcy or has serious difficulties in production and operation (difficult enterprise standard stipulated by local government), the Contract can be dissolved after explaining the situation to the trade union or all employees, listening to opinions and reporting to the administrative department of labor security.
Article 32 If Party B is under any of the following circumstances, Party A shall not terminate or dissolve this contract according to Articles 30 and 31 of this contract:
1. Failing to undergo occupational health examination before leaving the post, or engaging in occupational hazards during diagnosis or medical observation;
2. Suffering from occupational diseases or work-related injuries, reaching the level that the labor contract shall not be terminated or dissolved as stipulated by the state;
3. Illness or non-work-related injury within the prescribed medical treatment period;
4. Female employees during pregnancy, childbirth and lactation;
5 demobilized conscripts and construction land acquisition farmers and migrant workers have been working for the first time for less than three years;
6. During compulsory military service;
7. Having worked in Party A continuously for fifteen years and less than five years before the statutory retirement age;
8. The collective bargaining representatives of this unit are performing their duties as representatives;
9. Abide by laws, regulations and other provisions.
Article 33 Under any of the following circumstances, Party B may notify Party A to terminate this contract at any time, and Party A shall pay Party B corresponding labor remuneration and pay social insurance according to law.
1. The employer fails to provide labor protection or working conditions as agreed in the labor contract;
2. The employer fails to pay labor remuneration in full and on time;
3. The employer fails to pay social insurance for the workers 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 employer's labor contract is invalid due to the circumstances stipulated in Article 26 of the Labor Contract Law of People's Republic of China (PRC);
6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
Article 34 Party B shall notify Party A in writing 30 days in advance of the termination of the labor contract.
Article 35 The labor contract shall be terminated upon the expiration of this contract. Party A and Party B can renew the Labor Contract through negotiation.
Article 36 If there is still a labor relationship between the two parties after the expiration of this contract, Party A shall sign or renew the labor contract with Party B in time. If both parties fail to reach an agreement on the contract term, the contract term shall not be less than _ _ _ months from the date of signing. If Party B meets the conditions for renewing the open-ended labor contract, Party A shall sign an open-ended labor contract with it.
Article 37 A labor contract with no fixed term shall be terminated if there are legal termination conditions or the following termination conditions agreed by both parties.
_________________________________________________
_________________________________________________
_________________________________________________
Nine. Economic compensation and compensation
Article 38 Where Party A violates the labor contract, it shall pay economic compensation to Party B according to the following standards:
1. If Party A fails to pay the laborer's labor remuneration in full and on time according to the stipulations of the labor contract or the national regulations, or arranges overtime without paying overtime wages, it shall pay Party B's salary remuneration in full within the specified time, and pay compensation according to the standard of more than 50% of the payable amount 100%.
2. If the salary paid by Party A to Party B is lower than the local minimum wage standard, it shall make up for the part below the standard, and pay compensation according to the standard of more than 50% 100% of the payable amount.
Article 39 Party A shall pay economic compensation to Party B in accordance with Article 47 of the Labor Contract Law of People's Republic of China (PRC) and relevant local regulations, except in the circumstances specified in Article 29 of this contract.
Article 40 If Party B suffers from illness or non-work-related injury, and it is confirmed by the labor ability appraisal committee that he can't engage in his original job or other jobs arranged by Party A, if this contract is dissolved, Party A shall pay Party B a medical subsidy of not less than six months' salary in addition to implementing Article 39 of this contract. Medical subsidies should also be increased for those suffering from serious diseases and terminal diseases. The increase of serious illness is not less than 50% of Medicaid, and the increase of terminal illness is not less than 100% of Medicaid.
Article 41 If Party A intentionally delays the renewal of the labor contract with Party B, concludes an invalid labor contract with Party B, violates the rules and regulations or this contract, infringes upon the legitimate rights and interests of Party B, or terminates the labor contract, thus causing losses to Party B, Party A shall compensate Party B for the losses according to the following provisions:
1. If Party B's salary income is lost, it shall be paid according to the salary income due to Party B plus compensation of more than 50% of the salary income due 100%;
2. Where Party B's labor protection benefits are lost, Party B's labor protection allowances and supplies shall be supplemented according to national regulations.
3. Where Party B suffers from work-related injuries and medical losses, it shall pay Party B compensation equivalent to 25% of medical expenses in addition to providing medical treatment for work-related injuries according to national regulations;
4. If Party B is a female worker or a minor worker, which causes damage to her health, she shall pay compensation equivalent to 25% of her medical expenses in addition to providing medical treatment during the treatment according to state regulations;
Article 42 If Party B terminates the labor contract in violation of the provisions or agreements of this contract, thus causing losses to Party A, Party B shall compensate Party A for the following losses:
1. Training fees and recruitment fees paid by Party A;
2. Direct economic losses caused to production, operation and work;
3. Other compensation expenses agreed in this contract.
X. Liability for breach of labor contract
Article 43 The liability for breach of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
______________________________________________________________________________
XI。 Other matters agreed by both parties.
Article 44 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
______________________________________________________________________________
______________________________________________________________________________
Twelve. Handling of labor disputes
Article 45 In case of a labor dispute arising from the performance of this contract, the parties may apply to the Labor Dispute Mediation Committee of this unit for mediation. Unwilling to mediate or mediation fails, if one party requests arbitration, it shall apply to the _ _ _ _ _ _ _ _ _ Labor Dispute Arbitration Committee for arbitration within 60 days from the date of labor dispute. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the ruling may bring a lawsuit to the people's court.
Thirteen. others
Article 40 The following special agreements and rules and regulations, as annexes to this contract, have the same legal effect as this contract.
(a) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ refers to
(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 47 Matters not covered in this contract can be settled by both parties through consultation. In the future, if the relevant provisions of national laws and administrative regulations are contrary to these provisions, these provisions shall prevail.
Article 48 This contract is made in duplicate, with each party holding one copy.
Article 49 Party B determines the following address as the service address of documents and instruments related to labor relations management. If the following address changes, Party B shall notify Party A in writing.
__________________________________________________________________________
Party A (seal)
Legal representative (entrusted agent) (signature)
Principal responsible person (entrusted agent) (signature)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (signature)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Forensic organ: (seal)
Checker: (signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _