In a society where people pay more and more attention to the law, the frequency of using contracts is on the rise, and contracts can urge both parties to correctly exercise their rights and strictly perform their obligations. Do you know what the main contents of the contract are? The following is a sample of the labor contract in the catering industry that I collected for your reference, hoping to help friends in need. Food and beverage industry labor contract 1
Name of Party A (employer):
Legal representative:
Address:
Tel:
Name of Party B (laborer):
Home address:
Resident ID number:
Tel:
According to People's Republic of China *
I. term of labor contract
this labor contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Among them, the probation period is from _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _.
Risk warning:
The probation period is included in the term of the labor contract, and the restrictions on the length of the probation period in the Labor Contract Law are stipulated according to the term of the contract, such as:
1. 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;
2. 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;
3. If the term of the labor contract is more than three years, the probation period shall not exceed six months.
II. Work contents and working hours
1. According to Party A's work needs and job 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 signed by both parties is an annex to this contract.
2. Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
3. Party B's daily working hours shall not exceed _ _ _ _ hours, and the average weekly working hours shall not exceed _ _ _ _ _ hours.
if party a is unable to implement the preceding paragraph due to the production characteristics, with the approval of the administrative department of labor and social security, it can implement the comprehensive calculation of working hours or irregular working hours.
III. Labor remuneration
1. Party A shall pay Party B's salary in monetary form every month, and pay the salary on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The salary during the probation period is _ _ _ _ _ yuan/month.
3. if party a carries out hourly work or post salary, the monthly salary for normal working hours is _ _ _ _ yuan/month.
if piece-rate wage is implemented, the monthly basic salary is _ _ _ _ _ yuan, and the piece-rate unit price is _ _ _ _ _ _ _ yuan or _ _ _% of the completed work.
if party a provides accommodation or is equivalent to providing accommodation, it shall not be included in party b's salary.
4. if party a arranges party b to extend the working hours according to the requirements of relevant laws and regulations, it shall pay a salary not less than _ _ _ _% of party b's salary; Where Party B is arranged to work on a rest day but cannot make up the rest day, Party B shall be paid a salary not less than _ _ _ _% of Party B's salary; Party B shall be paid no less than _ _ _ _% of Party B's salary if Party B is arranged to work on legal holidays.
iv. labor protection and working conditions
1. Party A shall implement special labor protection for female workers and underage workers in accordance with relevant state regulations.
2. The basic living conditions such as dormitories provided by Party A for Party B must meet the requirements of safety and hygiene.
3. Party A must educate and train Party B on professional ethics, business technology, labor safety and health and relevant rules and regulations.
V. Social insurance
Risk warning:
Paying social insurance is the legal obligation of enterprises. Even if employees agree not to pay social insurance themselves and sign relevant agreements, this cannot avoid the obligation of enterprises to pay social insurance for employees. Therefore, it is necessary for enterprises to pay social insurance for workers, otherwise, when employees defend their rights through legal procedures, employers will pay the corresponding price.
1. Party A shall pay the basic pension, medical care, unemployment, work injury and maternity insurance fees for Party B according to the national and local laws, regulations and policies on social insurance; Party A may withhold and remit the individual contribution of social insurance from Party B's salary.
2. Party B's treatment during pregnancy, childbirth and lactation shall be implemented in accordance with relevant national and local maternity insurance policies.
VI. Labor Discipline
1. Party A shall inform Party B of the labor rules and regulations that Party B shall abide by according to law before signing this labor contract with Party B, and Party B shall sign it as evidence.
2. 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.
3. 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.
4. 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.
Risk warning:
It is suggested to sign five types of posts of non-competition agreement separately to protect the company's business secrets:
1. Top management-mastering a large number of business secrets of the enterprise;
2. Technical R&D personnel-mastering enterprise technical secrets;
3. Senior marketing personnel-directly control a large number of customer resources;
4. Important information officer-mastering all kinds of research data in the enterprise, etc.
5. People in important management positions, such as HR, financial management, and legal management, have many key information of the company;
note: the company's payment of financial compensation to the above-mentioned employees is the premise for the employees to perform the obligation of non-competition, and the scope, region and duration of non-competition are also strictly stipulated in the law. A little carelessness may lead to the invalidation of the agreement. If the enterprise needs it, please give it to a professional lawyer for customization.
5. if party b violates labor discipline, party a can deal with it according to the rules and regulations of the unit.
VII. dissolution and termination of the labor contract
1. the unilateral dissolution of this contract by both parties shall comply with the provisions of 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.
2. this labor contract will be terminated upon expiration. Party A and Party B may renew the Labor Contract after consultation.
3. after the dissolution or termination of this labor contract, both parties shall go through the relevant procedures for dissolution of the labor contract within seven days.
VIII. Economic compensation and compensation
1. When Party A dissolves Party B's labor contract according to law, it shall implement the provisions on paying economic compensation. Party B dissolves the Contract according to the provisions of Item (2) and (3) of Article 32 of the Labor Law, and Party A shall pay Party B economic compensation according to the provisions.
2. 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.
IX. Handling of Labor Disputes
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 do so, they may apply to the Labor Dispute Mediation Committee for mediation; Unwilling to mediate or the mediation fails, it 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.
X. this labor contract is made in _ _ _ _ _ _ copies, and each party holds _ _ _ _ _ _. This Labor Contract shall come into effect as of the date of signature and seal by both parties.
party a (official seal):
signature of legal representative or entrusted agent:
date:
party b (signature)
date: labor contract for catering industry 2
party a:
party b:
gender:
date of birth:
nationality: < Political code:
Tel:
On the basis of equality, voluntariness and negotiation, Party A and Party B have reached an agreement, and hereby sign this contract for both parties to abide by. At the same time, Party B has been informed of Party A's entry requirements and personnel management system, and has agreed to abide by all regulations.
article 1: service content
party a hires party b to take the post to finish the cuisine and produce finished products to ensure the stability of the dishes.
Article 2: Term of Contract
The probation period of Party B is three months, that is, from XX to XX, XX. If Party B continues to employ and sign a formal contract after the expiration, the minimum contract period is one year.
article 3: the working hours are
1, 7 days a week, and the commuting time is subject to the regulations of the personnel department of party a ..
2. Party A gives Party B two days' vacation every month, which shall be arranged reasonably by Party A under the condition that normal business is not affected. When the work is busy, Party B is not allowed to take a vacation, and is subject to Party A's scheduling.
article 4: labor remuneration and treatment
1. the basic salary of party b is RMB yuan per month, and the payment time is the 1 th day of each month.
2. Party A provides Party B with working meals and dormitories during the employment period free of charge.
3. The salary and treatment of Party B shall be based on the quality performance appraisal system of Party A..
article 5: rights and responsibilities of party a
1. party a has the right to supervise the production, quality and working attitude of party b's dishes.
2. Party A has the right to make reasonable adjustments to the salary according to Party B's technical level, labor attitude and work efficiency.
3. In case of mistakes caused by Party B (such as the quality problems of dishes, which cause the customers' injuries), Party A has the right to ask Party B to make reasonable compensation. In case of gross negligence, in addition to reasonable compensation, Party A has the right to unilaterally terminate the labor contract.
4. Party A has the right to manage Party B on a daily basis according to Party A's management system. If Party B violates Party A's management system, Party A has the right to give corresponding punishment until the Labor Contract is terminated.
article 6: rights and responsibilities of party b
1. party b promises to come to work in party a's hotel on, and shall not affect its normal operation due to personal reasons.
2. while ensuring the quality of dishes, party b keeps bringing forth the old and bringing forth the new, so as to be new, strange, special and fresh, and timely introduce seasonal dishes and holiday dishes.
3. if the customer complains about returning the dishes due to the quality problems of the dishes produced by party b, the loss shall be borne by party b itself.
4. Party B must unconditionally abide by Party A's management system and employee handbook. If Party B violates labor discipline and causes losses to the hotel, Party A has the right to claim compensation from Party B and pursue legal responsibilities according to law.
5. after being employed by party a, party b is not allowed to take part-time jobs.
6. Party B shall take good care of Party A's property and keep Party A's business secrets.
7. Before joining the company, Party B shall pay the contract deposit to Party A, the amount of which shall be Party B's monthly salary or shall be deducted within three months. Upon the expiration of the contract, this deposit will be refunded together with the salary after Party B completes the resignation follow-up.
8. If both parties are in standstill agreement, Party B can only leave after Party A finds a chef, otherwise Party B will bear the consequences.
Article 7: Breach of responsibilities
1. Party B's application for employment in other units during the working period of Party A must be approved by Party A, otherwise Party A has the right to terminate the labor contract and deduct Party B's salary and contract deposit for the current month.
2. Party B shall not resign without reason during the period of working for Party A, otherwise Party A has the right to deduct all expenses due to Party B..
article 8: matters not covered in this contract shall be settled by both parties through friendly negotiation. in case of labor dispute, they may apply to party a's local arbitration commission.
article 9: this agreement shall come into force as of the date of signature, and any alteration shall be invalid.
article 11: this contract is made in duplicate, with each party holding one copy, all of which are equally authentic.
name of party a: name of party b:
signature of party a's representative: signature of party b's representative:
date: date: