The employee's labor contract is the protection certificate of both parties' rights and interests. How much do you know about the labor contract? Do you know what to pay attention to? Below I share some labor contracts with you, hoping to help you. Welcome to read.
Simplified version of individual labor contract model 1
Party A (employing unit):
Party B (employee):
According to the Labor Law of the People's Republic of China and relevant regulations, Party A and Party B enter into this contract on the principle of equality, voluntariness and consensus through consultation.
1. The term of the contract
starts from (year) to (year).
II. Work Contents
(1) Party B's job position is:
(2) Party B's work tasks or responsibilities are:
III. Wages and welfare benefits
(1) Party B's wages during normal working hours are paid at RMB/month.
(2) Party A shall issue to Party B a 211 yuan Internet card or an equivalent Internet work card every month.
(3) Party A adjusts Party B's salary according to the operating conditions of Internet cafes and Party B's performance.
(4) Party A shall pay wages on the day of each month and shall not default.
(5) On national holidays, Party B will receive three times the salary and enjoy the welfare articles provided by Party A (or material compensation with equal value can be negotiated, and the consent of Party B is required).
(6) Party A shall provide Party B with three meals a day and accommodation.
iv. labor protection and safety agreement
(1) party a shall effectively protect the safety and health of party b in production.
(2) Party B has the right to refuse Party A's illegal command and force risky operation.
(3) if party b is injured at work to protect the personal safety of internet cafes and customers' property, party a shall bear all medical expenses.
(4) Party A shall not be responsible for any accidental personal injury that occurs to Party B during non-working hours.
V. Labor Discipline
(1) Party B shall strictly abide by the management system of Internet cafes, obey the management and complete the work tasks on time.
(II) Party A has the right to inspect, supervise, assess, reward and punish Party B's performance of the system.
(3) If Party B has knowledge of Party A's business secrets, Party B is obliged to keep them for Party A..
VI. Termination of this contract
(1) This contract can be terminated through negotiation between both parties.
(2) In any of the following circumstances, Party A may unilaterally terminate this contract:
1. Party B seriously violates labor discipline or Party A's rules and regulations;
2. Serious dereliction of duty and graft, which causes great damage to the interests of Party A;
3. Party A is out of business, closed down or on the verge of bankruptcy;
(3) if party b terminates this contract, it shall notify party a in writing fifteen days in advance. However, under any of the following circumstances, Party B may terminate this Contract at any time:
1. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
2. Party A fails to pay labor remuneration according to the provisions of this contract, and deducts or delays wages without reason;
3. Party A delays the time or obstructs its refusal to agree to terminate the Contract for other improper reasons;
4. Party A cannot provide Party B with better positions and development opportunities.
(4) if party b terminates this contract without reason, it shall not receive the salary of the current month.
(5) in the case of normal termination of the contract, Party A shall pay Party B wages and other expenses in accordance with the provisions of this contract, and shall not default.
VII. Under any of the following circumstances, Party A and Party B may modify this contract:
1. Both parties reach an agreement through consultation without harming the interests of the state, the collective and others;
2. The objective conditions on which the labor contract was concluded have changed greatly, and the labor contract cannot be fully performed due to force majeure after negotiation with Party B
3.
4. The laws and regulations on which the labor contract was concluded have been revised;
5. Other circumstances stipulated by laws and regulations.
VIII. Matters not covered in this contract shall be governed by laws and regulations; If there are no provisions in laws and regulations, it shall be settled by both parties through consultation; Both parties can modify this contract through consultation. If both parties fail to reach an agreement through consultation or a labor dispute occurs, they shall apply to a mediation institution for mediation according to law, or apply for labor dispute arbitration or bring a lawsuit in a people's court according to law.
IX. This contract is made in duplicate, and shall come into effect as of the date of signature and seal by both parties; Each party shall hold at least one copy. Party A shall establish a roster of employees for future reference according to regulations, and go through the filing formalities with the labor department.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Upon the agreement of both parties, this labor contract is signed, which has been signed and established, and both parties must strictly abide by it.
1. The contract period ends in 21_ years. The term of the contract is years.
ii. during the contract period, party b shall have the right to receive remuneration for labor, study, further study, promotion, participation in democratic management, political honor and material rewards according to state regulations.
3. Salary: Benefit is linked with salary, and comprehensive assessment is made according to the performance in the current month. After completing the task, the salary is 3,111.11 yuan, with 2% of sales in the current month as commission and 3% of annual sales at the end of the year as year-end reward. The company arranges 4 days off every month, and overtime is subsidized by 51 yuan/day.
iv. if the company buys work-related injury insurance and unemployment insurance, if it dies in the line of duty, it will be subsidized by the company for a lump sum of RMB 11,111. Work-related disability, a one-time disability fee of 511-3111 yuan; The company (Party A) that died or was disabled in non-official duties will not bear any responsibilities and expenses.
v. after signing the contract, party b shall deliver it to party a? The risk deposit of RMB 3,111.11 Yuan shall be fully returned to Party B after the expiration of the contract, and will not be returned if Party A dismisses or voluntarily leaves the company during the contract period.
VI. Party A has the right to terminate the employment contract if one of the following conditions is met:
1. During the formal contract period, the production (work) tasks cannot be completed, the quality standards cannot be met, the work attitude is not good, and the work does not obey the transfer;
2. Failing to abide by laws and regulations and various rules and regulations of the factory and refusing to change after repeated instruction;
3. Being sick or injured in a non-work-related way, and unable to engage in the original job after the medical treatment expires;
4. Frequent absenteeism, ineffective after education, continuous absenteeism for 2 days, and absenteeism for 5 days in one year;
5. Being detained, sentenced, re-educated through labor or reeducation through labor by government judicial organs;
VII. Party A shall not dismiss anyone who meets one of the following conditions:
1. The labor contract has not expired and does not meet the requirements of Article 6;
2. Injured in the line of duty and identified in the hospital as being in the treatment period;
3. Party A violates national policies and regulations and infringes on the rights and interests of Party B..
VIII. If one party needs to terminate the labor (employment) contract, it must notify the other party one month in advance before going through the formalities of terminating the labor contract.
IX. If one party breaches the contract and the other party causes economic losses, it shall make compensation according to its consequences and responsibilities.
Xi. If Party B refuses to accept the termination of the employment contract, it may appeal to the arbitration organ within ten days from the date of termination; If you don't complain and make trouble without reason, disrupting the production (work) order and the personal safety of others, send it to the public security organ for handling according to the relevant provisions of the Regulations on Administrative Penalties for Public Security.
X. this contract shall come into effect after being signed by both parties.
Xi. this contract is made in duplicate, with each party holding one copy.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (including the district, street and town where it is located):
On the basis of equality, voluntariness and consensus, Party A and Party B sign this Labor Contract in accordance with the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China, and * * * will implement all the terms listed in this Contract.
1. probation period: the term is three months. During the probation period, if Party B voluntarily resigns after working less than three months after reporting for duty or is dismissed by Party A, Party A will pay 61% of the remuneration after deducting the expenses such as recruitment and training. During the probation period, if Party A thinks that Party B is incompetent or finds that Party B's application materials are fraudulent and do not meet the employment conditions, it may stop the probation at any time and dismiss him. The salary shall be settled according to Party B's actual attendance (or total piece-rate salary) and relevant contents (terms) of this contract. During the probation period, Party B seriously violates labor discipline or Party A's governance rules and regulations; Or intentional or serious dereliction of duty, which causes damage to Party A's interests, Party A has the right to terminate the probation immediately and dismiss it. Party B shall be liable for compensation for the results caused.
the probation period is from year month day to year month day
2. the contract period is from year month day to year month day
3. work content: party b agrees that party a will arrange to work in the employing unit designated by party a in advance and will obey the work arrangement of the employing unit. If Party A and the employing unit change Party B's post due to work needs, Party B shall obey the arrangement of Party A and the employing unit.
iv. working hours: implemented according to the legal working hours system of the employing unit.
5. Labor remuneration: if Party B completes the basic tasks of the employing unit on a monthly basis, it will pay the salary on the day of each month, with the basic salary of RMB yuan (if it moves backwards in case of holidays), and the extra salary is the subsidy fee (if it works overtime, it will be paid according to the national regulations). The basic salary after becoming a regular employee will be adjusted to RMB yuan, and if the national regulations change, it will be adjusted accordingly according to the relevant national policies. If individual income tax is required to be paid according to the national regulations, Party A or the employing unit shall withhold and remit it from Party B's salary.
VI. Insurance benefits:
1. During Party B's work in the employing unit, the enterprise shall be responsible for paying social insurance for Party B on a monthly basis according to national regulations: urban insurance, social insurance for small towns, comprehensive insurance for foreign laborers, and commercial insurance
2. During Party B's work in the employing unit, Party B shall enjoy the same labor protection articles as the employing unit and wear them according to the regulations of the employing unit.
3. if party b has an industrial accident in the production and operation, after clarifying the nature and responsibility of the accident, the employing unit shall negotiate with party b to solve it and handle it according to the relevant regulations of the city.
VII. Labor protection and working conditions: Party A is responsible for ensuring that the employing unit provides Party B with safe and hygienic working conditions in line with national regulations, ensuring that Party B works under environmental conditions that are not harmful to human body, and implementing the working hours system stipulated by the state. Where Party B is arranged to work overtime, overtime pay shall be paid to Party B in accordance with relevant state regulations (overtime pay shall not be paid separately for piecework or equal pay for equal work).
VIII. Labor discipline:
1. Party B shall consciously abide by national laws and regulations, as well as various rules and regulations and safe production operation procedures formulated by Party A and the employing unit according to law. Keep the business secrets of the employing unit confidential. If there is any violation of discipline, Party A will, together with the employing unit, give corresponding punishment or terminate the labor contract or hand it over to the court according to the specific conditions.
2. Party B shall obey the daily management of the employing unit, participate in the relevant business training arranged by Party A or the employing unit, and complete the tasks with quality and quantity.
IX. Termination, renewal, alteration and dissolution of the labor contract:
1. The contract will be terminated upon expiration.
2. according to the needs of the employing unit, the labor contract can be renewed with the consent of both parties through consultation.
3. during the term of the contract, if the relevant contents of the labor contract cannot be fulfilled due to changes in objective conditions, the relevant contents of the labor contract can be changed through consultation between both parties, and the change procedures can be handled.
4. If Party B meets any of the following conditions, Party A may terminate this contract:
(1) Party B seriously violates the labor discipline and rules and regulations of Party A or the employing unit;
(2) Party B seriously neglects his duty and engages in graft, thus causing economic losses or reputation damage to Party A or the employing unit;
(3) Party B disobeys the normal work arrangement, management and transfer of Party A and the employing unit;
(4) Party B is detained, investigated for criminal responsibility or reeducation through labor;
(5) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs arranged by Party A and the employing unit after the medical treatment expires;
(6) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
(7) Due to major changes in objective conditions, this Labor Contract cannot be performed, and both parties cannot reach an agreement on changing the Labor Contract through negotiation.
5. If Party A meets any of the following conditions, Party B may terminate this contract:
(1) Party A or the employing unit forces Party B to work by means of violence, threat or illegal restriction of life freedom;
(2) Party A or the employing unit fails to pay the labor remuneration as agreed;
(3) The rules and regulations of Party A or the employing unit violate the provisions of laws and regulations and damage the rights and interests of Party B;
(4) Party A or the employing unit fails to provide necessary working conditions or labor protection;
(5) Other circumstances under which Party B can dissolve this Contract as stipulated by laws and administrative regulations;
X. Other matters agreed by both parties through consultation:
1. During the term of the labor contract, if Party A terminates the labor contract with Party B without fault, it shall notify Party B in writing 31 days in advance as required; If Party B fails to notify Party A in writing 31 days in advance, it will be deemed as voluntary resignation.
2. when party b leaves the employing unit, all kinds of certificates issued by the employing unit must be turned in, and all kinds of articles such as labor protection clothing should be in accordance with the requirements of the employing unit.