sample of catering industry labor contract
You should know when signing the contract
1. The employer shall not employ minors under the age of 1.6.
2. If the term of the labor contract is less than six months, the probation period shall not exceed fifteen days; If the term of the labor contract is more than six months and less than one year, the probation period shall not exceed thirty days; If the term of the labor contract is more than one year and less than two years, the probation period shall not exceed 61 days. The probation period is included in the labor contract.
3. The wages paid by the employer to the workers shall not be lower than the local minimum wage. The minimum wage in this region is RMB/month (hour). (annual)
4. If the employing unit arranges the laborer to extend the working hours according to law, it shall pay the laborer no less than 1.51% of the salary; If workers are arranged to work on rest days and cannot be arranged for compensatory rest, they shall be paid wages not less than 211% of their wages; If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages.
5. when the employer violates the laws, regulations or rules of labor security, such as deducting wages from the employees or defaulting on the wages for no reason, and infringes upon the legitimate rights and interests of the employees, the employees can complain to the labor security supervision institution of the labor security administrative department where the employer employs. Complaint telephone number:.
6. The employer shall participate in social insurance in accordance with relevant laws and regulations and relevant national and local regulations.
7. Both parties should read the terms of the contract carefully to clarify their rights and obligations.
name of party a (employer): _ _ _ _ _ _ _ _ _ _
legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _
address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ____
Resident ID number: _ _ _ _ _ _ _ _
Tel: _ ___________
Party A agrees to employ Party B as a temporary worker due to the need of production (work) and with the approval of the labor department.
I. Work contents and working hours
(1) Party A employs Party B as a temporary worker, which shall not exceed one year in principle. If the employment time exceeds one year, both parties shall sign a new employment contract through consultation.
(II) According to Party A's work needs and post requirements, Party B agrees to work in the post of _ _ _ _ _ _ _ _. With the consent of both parties, the post can be changed, and the change agreement or notice signed by both parties is an annex to this contract.
(3) Party B shall complete the specified quantity of work on time and reach the specified quality standards according to the requirements of Party A..
(4) Party B's working hours shall not exceed 8 hours per day and 41 hours per week on average. Party A shall ensure that Party B has at least 1 days off every week.
the employees of party a's senior management, field personnel, some on-duty personnel, etc. who are unable to carry out the work in accordance with the preceding paragraph due to their work needs or the scope of their duties may, with the approval of the administrative department of labor and social security, implement flexible working hours.
II. Labor remuneration and social insurance
(5) Party A shall pay Party B's salary in cash every month, and pay the salary before _ _ every month.
(6) The salary during the probation period is _ _ _ _ _ _ _ _ yuan/month.
(7) Where Party A provides accommodation or is equivalent to providing accommodation, it shall not be converted into Party B's salary.
(8) Party B's treatment during pregnancy, childbirth and lactation shall be implemented in accordance with relevant national and local maternity insurance policies.
iii. labor protection and working conditions
(9) party a must implement special labor protection for female employees and underage workers in accordance with relevant state regulations.
(11) The basic living conditions such as accommodation provided by Party A for Party B must meet the requirements of safety and hygiene.
(11) Party A must educate and train Party B in professional ethics, business technology, labor safety and health and relevant rules and regulations.
(12) The employing unit shall publicize the relevant information about participating in work-related injury insurance according to law in the unit. Employers and employees shall prevent industrial accidents and avoid and reduce occupational hazards. When an employee has a work-related injury, the employing unit shall take measures to make the employee get timely treatment.
iv. labor discipline
(13) Party A shall inform Party B of the labor rules and regulations that Party B shall abide by when signing this labor contract with Party B..
(14) Party B consciously abides by relevant labor laws and regulations and various rules and regulations formulated by Party A according to law, strictly abides by safety operation rules, obeys management, and completes work tasks on time.
(15) if the work arranged by party a for party b is illegal, immoral or harmful to party b's physical and mental health, party b has the right to refuse.
(XVI) party b has the obligation to keep party a's business secrets. Party A shall not disclose or disclose Party B's personal data without Party B's consent.
(XVII) if party b violates labor discipline, party a may deal with it according to the rules and regulations formulated by the unit according to law.
v. dissolution and termination of the labor contract
(XVIII) the unilateral dissolution of this contract by party a and party b shall comply with articles 25, 26, 27, 31 and 32 of the labor law. Party A shall not terminate this contract at will if Party B is in any of the circumstances specified in Article 29 of the Labor Law.
(XIX) The labor contract shall be terminated upon its expiration or the conditions for termination agreed by the parties appear. Party A and Party B can renew the Labor Contract upon negotiation.
(21) when the labor contract is dissolved or terminated, party a shall issue a certificate of dissolution or termination of the labor contract or relevant documents.
VI. Economic Compensation and Compensation
(21) If Party A dissolves Party B's labor contract according to law and should pay Party B economic compensation, it shall be implemented in accordance with the Labor Law and relevant regulations. Party B terminates the Contract according to the provisions of Item (2) and (3) of Article 32 of the Labor Law, and Party A shall also implement it according to the Labor Law and relevant regulations.
(XXII) If the salary paid by Party A to Party B is lower than the local minimum wage standard, it shall make up the part below the standard and pay compensation according to law.
VIII. Handling of Labor Disputes
(23) In case of any dispute between Party A and Party B during the performance of this Labor Contract, it can be settled through negotiation first; Unwilling to negotiate or failing to negotiate, they may apply to the local labor dispute arbitration committee for arbitration within 61 days from the date of the dispute. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the local people's court within 15 days.
IX. Other agreements
(24) A, Other contents agreed by both parties are as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ ___
___________________________________________________________________________________________。
(25) if this labor contract is contrary to national laws, regulations and relevant provisions, it shall be implemented in accordance with national laws, regulations and relevant provisions.
this labor contract is made in duplicate, with each party holding 1 copies.
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) _ _ _ _ _ _ _