(仅供参考)
Party A (Employer) Name______________________Address___________________________Contact Number._______________Legal Representative_____________
Party B (Employee) Name________________ Date of Birth___________ HuKou__________
ID Number___________ Address_______________ Contact number___________
In accordance with the Labor Law of the People’s Republic of China andrelevant labor regulations, Party A and Party B agree, through consultationsand on the basis of equality and free will, to conclude this contract for bothparties to abide by according to the principle of cordiality and credit.[Contract Period]
Article 1Both parties agree that the below listed item ______will apply to thiscontract.
(一)Fixed period: From_______ to _____________
(二)Non-fixed period: From________ till the conditions to terminate thiscontract are
(三)Quota-based period: From___________ to the fulfillment of a specificquota.
According(一) and (二),The trial period agreed by both parties isfrom_______ to __________
【Work description and performing place】
Article 2 According to the production needs, Party A assigns Party B toundertake__________ (type of work) Place of performance ____
Article 3 According to the work content and the request Party B fulfills thepost responsibility earnestly, completes the work mission on time, observesrules and regulations which Party A formulates legally.
Article 4 Party A will inspect Party B’s work according to relevant workingstandards and make post adjustments accordingly if incompetence on the partB is found. During the contract term, Party A may adjust Party B’s postaccording to the actual production needs after an agreement is reached thetwo Parties through consultations.
【Labor protection,working conditions and protective for hazards anddisease】
Article 5 Party A should establish the perfect working instruction, the jobspecification and the labor safety health, the occupation harm protectionsystem, and carries on essential training to Pary B. Party B should observeeach system standard and the working instruction strictly in the labor process.Article 6 Party A must provide Party B with necessary safety and healthconditions and labor protection facilities as stipulated by relevant State,provincial and municipal authorities. Party A must establish a sound workingsafety and health insurance system and lay down related safety operationrules.
Article 7 The post which Party A to possibly produces occupational diseaseand harms, must fulfill the duty which to Party B informs truthfully, andcarries on the labor safety health education to Party B, in the prevention laborprocess accident occurrence, reduces the occupation harm.
Article 8 Both parties should strictly follow State, provincial and municipalregulations on the reporting of work injuries and occupational disease. PartyB must strictly abide by relevant safety operation rules in the process ofproduction, and has the right to disobey in conflict with the safety rules anddangerous operation requests from Party A’s managers.
Article 9 In accordance with relevant and regulations stipulated by State,provincial and municipal authorities, special labor protection should be given
to female employees and underage employees.[Working hours and holidays]
Article 10 Party B works according to system ____as listed below:
(一) Standard work hour system: Party B works no more than 8 hours daily,and no more than 40 hours weekly on average.
(二) Comprehensive work hour system: Average daily and weekly workhours are within the legal standard work hour limit.
(三) Flexible work hour system: If party A can finish the work in time, bothparties can set the work hours and length of holiday through consultations.The work hour systems (一) and (二) must be approved by the laborprotection authorities.
Article 11 Party A ensures that Party B has the right of rest in line withrelevant Law, during performance of the contract, Party B has the right toenjoy legal holidays, marriages ,home leaves, funeral leaves and anuualleaves birth control leaves stipulated by State, provincial and municipalauthorities.
Article 12 Party A fulfils exactly the work norm standard, do not force orforce Party B to work overtime in disguised form. Due to becomes producesthe management need ,After consultations with the trade union and Party B,Party A may extend the working time according to the work needs, but theovertime should not be longer than an hour per day. In special cases, theovertime should not exceed 3 hours per day or 36 hours per month providedthat Party B’s health is ensured.[Salary for Labor]
Article 13 Party A unifies production operation characteristic and theeconomic efficiency of their company, relies on determines the applicationposition the wages distribution system. Party B’S wage level, according tothe company's wages distribution system, unifies Party B's work skill, thelabor intensity, work condition and work contribution and so on, implements
the equal pay for equal work
According to this labor contract for confirm Party B’s position, Party A paysParty B’s wage ____________RMB/Month (Week) .Standard (bonus) towork actually for the achievements wages according to Party B’s contributiondetermination.
The Part B in probationary period's wage standard is_____________Article 14 The Party A pay the party B’S wages before end of each month bythe currency or the account transfer form full amount. In case the holiday orweekend, Party A should pay at the recent working day payment ahead oftime.
Article 15 Party A should pay Party B overtime wages in accordance withrelevant regulation if Party A request Party B to work overtime on workingday, or work on off-fays or legal holidays, Overtime wages are paidaccording to the follows:
(一) Overtime wage no less than 150% of the salary due.
(二) Overtime on off fays: compensatory leave of same length or overtimewage no less than 200% of the salary due.
(三) Overtime on legal holidays: Overtime wage no less than 300% of thesalary due.
Article 16 Party A should set up a salary adjustment system. Duringperformance of the contract, Party A should make proper adjustments toParty B’s pay scale according to relevant State, provincial and municipalregulations, operation status of the company, and Party B’s performance.[Society Insurance and welfare]
Article 17 Party A and Party B should participate in social insurance schemesaccording to relevant State, provincial and municipal regulations. Party Ashould pay premiums for Party b on old-age insurance, unemploymentinsurance, work injury insurance, and birth insurance. The portion for old-ageinsurance to be paid by Party B shall be deducted and paid by Party Aaccording to relevant regulations.
Article 18 If Party B falls ill or is injured not due to work during the contractperiod, he/she shall be treated and enjoy sick leaves according to relevantState , provincial and municipal regulations.
Article 19 Women employees in pregnancy, confinement and lactation andon birth-control operation leaves shall be treated in accordance with relevantState, provincial and municipal stipulations.
Article 20 Party A shall create conditions to improve the public welfare andraise the workers’ salaries.
Article 21 Party A provide Party B other insurances andwelfare___________________________
[Change, cancellation and termination of contract and economiccompensation]
Article 22 In case the laws, statutes and policies on which this contract isconcluded are changed, corresponding changes shall be made to the clausesconcerned.
Article 23 The contract can be changed the clause concerned between the towparties after consultations, change the contract must use written notice.Article 24 Party A and Party B cancel or terminate contract, according< Thelabor law> Article36, Article37, Article38, Aticle39, Article40, Article41,Article42, Article43, Article44.
Article 25 Party A should pay Party B economic compensation when thecontract is cancelled or terminated as specified in Article46
Article 26 If Party A cancels or terminates labor contract against the law,Party B request continues to fulfill, Party A must continue to fulfill: Party Bdid not request to continue to fulfill or this contract already could notcontinue to fulfill, Party A must defer to \"Labor law of contract\" Aticle87’sstipulation economical compensation standard two times pays the indemnityto Party B. Party B terminates this labor contract illegally, causes the losses
to Party A, must undertake the liability of compensation.
Article 27 when Relieves or termination labor contract, Party A must rest onthe relevant law, stipulation writing up and other laws and regulationsrelieves, the termination labor contract's proof, and handles the file and thesocial security relations shift procedure in 15th for Party B【Others】
Article 28 A special agreements should be signed by and between the twoparties on such matters training financing and confidentiality. The agreementshould be attached as an annex to the contract.
Article 29 others
_________________________________________________________________________Article 30 Should any dispute occur during performance of thecontract,either party hereto may refer to mediation by the mediationcommittee of the company concerted. Applies for the arbitration in the legaltime limit, files the charge.
Article 31 For matters not mentioned herein or clauses not in agreement withthe State, provincial or municipal laws, statutes and regulations, the laws,statues and regulations will be observed.
Article 32 This contract is made in Triplicate and comes into effect aftersigned by both parties. Part B holds two copies, Party A hold one copy andthree copies have the same effect.
Party A (Stamp) Party B (Stamp)Signing date Signing date
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