As a restaurant owner, the problem of recruiting employees has been solved, but how to write a labor contract about workers? What should I pay attention to in general? The following is the labor contract I provide for you. Welcome to read it.
model catering service contract 1
party a: _ _ _ _ _ _ _ _ _
party b: _ _ _ _ _ _ _ _ _ _ _ _
according to the labor law and the labor contract law.
1. Term of the Contract
Article 1: Party A and Party B choose the following _ _ _ form to determine the term of the Contract:
(1) There is a fixed term: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The probation period starts from _ _ _ _ _ _ and ends on _ _ _ _ _ _ _.
(2) No fixed term: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The probation period starts from _ _ _ _ _ _ and ends on _ _ _ _ _ _ _.
(3) the time limit is to complete certain tasks (tasks): from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ii. Work content and place
Article 2: Party B is engaged in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
if party b suffers from diseases of post type and industry taboo, it shall report to party a in time and leave the post immediately.
the work place of party b is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
the post (type of work) and work place can be changed through mutual agreement.
party b shall earnestly perform his post responsibilities, abide by various rules and regulations, obey management, and complete the work tasks on time.
if party b violates the service standard and labor discipline, party a can deal with it according to the rules and regulations formulated by the unit according to law.
iii. working hours and rest and vacation
article 3: party a arranges party b to implement the following _ _ _ _ working hours system:
(1) implementing the standard working hours system. Party B's working hours shall not exceed 8 hours per day and 41 hours per week. The weekly rest day is _ _ _ _ _ _ _ _.
(2) With the approval of the labor administrative department, the working system of comprehensive calculation of working hours with a cycle of _ _ _ _ _ _ _ shall be implemented.
(3) with the approval of the labor administrative department, the flexible working hours system shall be implemented.
party a guarantees that party b has at least one day off every week. Party B is entitled to statutory holiday leave, maternity leave, paid annual leave and other holidays according to law.
due to customer service needs, party a may arrange for party b to work overtime with the consent of party B .. Where it is impossible to arrange compensatory time off for extended working hours and overtime work on rest days, or overtime work on legal holidays, Party A shall pay overtime wages according to Article 44 of the Labor Law.
iv. Labor remuneration
Article 4: Party A shall pay the salary to Party B in the following _ _ _ ways:
(1) The monthly salary is _ _ _ _ yuan, and the salary during the probation period is _ _ _ _ yuan. Party A shall pay the salary to Party B before _ _ _ _ every month.
(2) The daily salary is _ _ _ _ yuan, and the salary during the probation period is _ _ _ _ _ yuan. The time for Party A to pay wages to Party B is _ _ _ days of each month.
if party a's production and operation tasks are insufficient and party b agrees to wait for the post, the living expenses paid by party a to party b shall be _ _ _ _ _ _ _. During the waiting period, Party B still needs to perform other obligations except post work.
other agreements between party a and party b on salary payment
v. social insurance
article 5: party a and party b shall participate in social insurance according to state regulations. Partyshall handle relevant social insurance formalities for Party B according to regulations and undertake corresponding social insurance obligations. The social insurance premium payable by Party B shall be withheld and remitted by Party A..
the medical treatment for party b's illness or non-work-related injury shall be implemented in accordance with relevant state regulations.
Party B's treatment for occupational diseases or work-related injuries shall be implemented according to relevant national regulations.
party b's benefits during pregnancy, childbirth and lactation shall be implemented in accordance with the relevant national maternity insurance policies.
VI. Labor Protection and Working Conditions
Article 6: Party A shall train Party B in occupational safety and health, food safety and health, service standards, professional ethics, professional skills and Party A's rules and regulations before taking up the post.
party a must organize a health examination for party b every year according to national regulations.
party a shall provide party b with necessary safety protection facilities and distribute necessary labor protection articles in accordance with relevant national regulations on labor safety and health.
party a strengthens the management of production safety, establishes and improves the responsibility system for production safety, and improves the operating conditions for production safety; Improve the internal service and food quality management system, and strictly implement post quality norms, quality responsibilities and corresponding assessment methods.
VII. dissolution and termination
article 7: the dissolution or termination of this labor contract shall be implemented in accordance with the provisions of the labor contract law.
if party b suffers from the disease of post type and industry taboo, and after the medical treatment expires, it does not meet the national regulations for engaging in relevant industries and jobs, and party a cannot arrange another job, it may notify party b in writing 31 days in advance to terminate this contract and pay economic compensation to party b according to law.
VIII. Handling of Labor Disputes
Article 8: A labor dispute between Party A and Party B can be settled through consultation, or through applying for mediation, arbitration and bringing a lawsuit in accordance with the Labor Dispute Mediation and Arbitration Law.
IX. Others
Article 9: Other matters agreed by both parties
Article 11: This labor contract is made in duplicate, with each party holding one copy. This Labor Contract shall come into effect as of the date of signature and seal by both parties.
party a (official seal): _ _ _ _ _ _ _ _ _ _ _ _
party b (signature or seal) : _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 1: this contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
among them, the probation period ends on _ _ _ _ _ _ _ _ _ _ _ _ _.
article 2: party b holds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
if party b suffers from diseases of post type and industry taboo, it shall report to party a in time and leave the post immediately.
article 3: party a shall train party b on occupational safety and health, food safety and health, service standards, professional ethics, professional skills and party a's rules and regulations before taking up the post.
article 4: party a must organize a health examination for party b every year according to the national regulations.
party a shall provide party b with necessary safety protection facilities and distribute necessary labor protection articles in accordance with relevant national regulations on labor safety and health.
article 5: party a shall strengthen the management of production safety, establish and improve the responsibility system for production safety, and improve the operating conditions for production safety; Improve the internal service and food quality management system, strictly implement post quality norms, quality responsibilities and corresponding assessment methods.
party b strictly abides by the rules and regulations of party a to prevent service quality accidents.
if party b violates the service specification, labor discipline and party a's rules and regulations, and there is a service quality accident, party a can handle it according to the rules and regulations.
Article 6: Party A shall pay Party B the salary in the following ways
(1) monthly salary of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) If Party A holds Party B in post due to insufficient business tasks, Party A shall pay Party B the living expenses of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 7: the working hours of party b shall not exceed 8 hours per day. 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, the working hours shall not exceed 1 hours per day; Where it is necessary to extend working hours for special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring Party B's health.
if party a arranges party b to work overtime or party b extends the working hours due to the need of customer service, party a shall pay overtime wages to party b according to national regulations.
article 8: according to party b's work performance, employees who have worked continuously for more than 3 years shall enjoy insurance benefits.
article 9: if party b violates the service specifications, quality management regulations, operating rules and other rules and regulations, it shall bear the responsibilities according to the corresponding regulations of party a ..
article 11: party a may terminate this contract at any time under any of the following circumstances of party b:
(1) it is proved that it does not meet the employment conditions during the probation period.
(2) stealing property, gambling, taking drugs and fighting.
(3) serious dereliction of duty and graft, which has caused great damage to Party A's interests.
(4) Party B seriously violates labor discipline and Party A's rules and regulations, and meets the conditions for Party A to dissolve the labor contract.
(5) seriously violating the service standards and harming the legitimate rights and interests of consumers.
(6) selling food and beverages that are prohibited by laws and regulations to customers without permission.
(7) being punished, detained or reeducated through labor in violation of laws and regulations.
(8) being investigated for criminal responsibility according to law.
article 11: if party b terminates this contract, it shall notify party a in writing 31 days in advance. If Party B leaves his post without authorization, he shall bear the economic losses caused to Party A..
article 12: if party b causes losses to party a due to personal negligence during the performance of the labor contract, it shall be liable for compensation.
article 13: in case of any dispute arising from the performance of this contract, both parties shall apply to the labor dispute arbitration Committee of the district or county where Party A is located for arbitration within 61 days from the date of the labor dispute. Anyone who refuses to accept the arbitration award may bring a suit in a people's court within 15 days from the date of receiving the award.
article 14: in case of matters not covered in this contract or contrary to national or municipal regulations, relevant regulations shall prevail.
article 15: this contract is made in duplicate, with each party holding one copy.
party a (official seal): _ _ _ _ _ _ _ party b (signature) : _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In accordance with the Labor Contract Law of the People's Republic of China and relevant laws and regulations, Party A and Party B have entered into this Labor Contract (hereinafter referred to as the Contract) on the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility for both parties to abide by.
I. term, work content and work place of the labor contract
article 1: the term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
the probation period starts from _ _ _ _ _ _ _ and ends on _ _ _ _ _ _ _ _.
article 2: according to party a's work needs, party b agrees to take up the post (type of work). party b's work place:
article 3: party b shall complete the specified post tasks on time and reach the specified quality standards according to party a's rules and regulations (see the annex to the labor contract). If Party B fails to meet the requirements of the specified post, Party A may adjust and change Party B's post (type of work).
article 4: party b shall be responsible for the authenticity of the qualification certificate (see annex) provided to party a. Once Party A discovers that the qualification certificate provided by Party B is forged or obtained by illegal means, Party B will be deemed not to meet the requirements of Party A's employment contract during the probation period; At other times, Party A may terminate the Labor Contract at any time without paying economic compensation.
ii. working hours
article 4: according to the job requirements of party b, party a implements the standard working hours system/flexible working hours. the standard working hours are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B shall effectively complete the specified post tasks during working hours and try to avoid using non-working hours to complete the tasks.
iii. labor protection and working conditions article 5 party a shall provide party b with labor safety and hygiene conditions and necessary labor protection articles that meet the national labor hygiene standards according to the relevant labor protection regulations of the state and the city
article 6: party a shall provide education and training on political ideology, professional ethics, business technology, labor safety and hygiene and relevant rules and regulations for party b.
article 7: party a shall do a good job in labor protection for female workers and underage workers according to relevant national and local regulations.
iv. labor remuneration
article 8: when party b completes the job responsibilities stipulated in this labor contract and rules and regulations, party a shall pay party b the labor remuneration in cash every month (postponed in case of holidays), and the labor remuneration shall not be less than _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 9: the above labor remuneration includes fixed basic salary, bonus, night shift allowance, etc., and gymnastics is determined by the salary management system.
article 11: if the rules and regulations change due to objective reasons during the implementation, party a has the right to adjust various labor remuneration standards according to the newly revised and effective rules and regulations.
v. social insurance and welfare
article 11: party a advocates that both parties must participate in social insurance and pay social insurance premiums in accordance with the relevant regulations of the state and the city; Party A may withhold and remit the individual social insurance premium from Party B's labor remuneration. If Party B refuses to pay social insurance premiums or applies for paying social insurance premiums in different places, Party A and Party B can negotiate outside this contract and sign a written agreement upon Party B's application.
article 12: party b can enjoy the working meal provided by party a during the probation period and after becoming a regular employee; Party B may apply to Party A for admission.