Labour Contract
employer__________________________
legal representative_________________
position_________ president________
address__________ post code_______
employee__________________________
name_____________ gender_________
address__________ nationality______
id card no________________________
date of birth_______________________
education degree____________________
this contract is signed on a mutuality voluntary basis by and between the following employer and employee in accordance with the labour law of people＇s republic of china＇
1term of the contract
the term of this contract is for _____ years and shall commence on __________ and shall continue until __________ unless earlier terminated pursuant to this contract the employee shall undergo a probationary period of ___months
2job description
the employer agrees to employ mrms________(name) as ________(job title) in ________department located in ________(office location and city)
3 remuneration of labour
athe salary of the employee shall bemonthly paid by the employer in accordance with applicable laws and regulations of prc it shall be paid by legal tender and not less than the standard minimum salary in tianjin
b the salary of the employee is rmb______ per month in the probationary period and rmb _____ after the probationary period
c if the delay or default of salary takes place the employer shall pay the economic compensation except the salary itself in accordance with the relevant laws and regulations
4working hours & rest & vocation
athe normal working hours of the employee shall be eight hours each day excluding meals and rest for an average of five days per week for an average of forty hours per week
bthe employee is entitled to all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the prc and the company ＇s work rules
c the employer may extend working hours due to the requirements of its
production or business after consultation with the trade union and the employee but the extended working hour for a day shall generally not exceed one hour if such extension is called for due to special reasons the extended hours shall not exceed three hours a day however the total extension in a month shall not exceed thirtysix hours
5social security & welfare
athe employer will pay for all mandatory social security programs such pension insurance unemployment insurance medical insurance of the employee according to the relevant government and city regulations
bduring the period of the contract the employee’s welfare shall be implemented accordance with the laws and relevant regulations of prc
6working protection & working conditions
athe employer should provide the employee with occupational safety and health conditions conforming to the provisions of the state and necessary articles of labor protection to guarantee the safety and health during the working process
bthe employer should provide the employee with safety education and technique training the employee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special operations
c the employee should strictly abide by the rules of safe operation in the process of their work
7labour discipline
athe employer may draft bylaws and labour disciplines of the company according to which the employer shall have the right to give rewards or take disciplinary actions to the employee
bthe employee shall comply with the management directions of the employer and obey the bylaws and labour disciplines of the employer
cthe employee shall undertake the obligation to keep and not to disclose the trade secret for the employer during the period of this contractthis obligation of confidentiality shall survive the termination of this contract for a period of two (2) years
8termination modification renew and discharge of the contract
a the relevant clauses of the contract may be modified by the parties
ithe specific clause is required to be modified by the parties through
consultation
iidue to the force majeure the contract can not be executed
iiithe relevant laws and regulations have been modified or abolished by the time of signing the contract
bthe contract may be automatically terminated
i this contract is not renewed at the expiration of this contract
ii the employer is legally announced to be bankruptcy dismissed or canceled
iiithe death of the employee occurs
ivthe force majeure takes place
vthe conditions of termination agreed in the contract by the parties arise
cthe contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procedure within 15 days to the expiration
d the contract may be discharged through consultation by the parties
ethe contract may be discharged by the employer with immediate effect and the employee will not be compensated
ithe employee does not meet the job requirements during the probationaryperiod
iithe employee seriously violates disciplines or bylaws of the employer
iiithe employee seriously neglects his duty engages in malpractice for selfish ends and brings significant loss to the employer
ivthe employee is being punished by physical labour for its misfeasance
vthe employee is being charged with criminal offences
fthe contract may be terminated by the employer by giving notice in written form 30(thirty) days in advance
ithe employee fails ill or is injured to (other than due to work) and after completion of medical treatment is not able to perform his previous function or any other function the employer assigns to him
iithe employee does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily
iiithe circumstances have materially changed from the date this contract was signed to the extent that it is impossible to execute the contract provided however that the parties cannot reach an agreement to amend the contract to reflect the changed circumstances
ivthe employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble under such condition it is required to reduce the emplouee(in legal procedure)
gthe employee shall not be dismissed
i the contract has neither expired nor conformed to 8d8e8f8g
iithe employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disabled by the labour authentication commission in baodi county tianjin
iii the employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable prc law and regulations and company policy
ivthe employee is woman who is pregnant on maternity leave or nursing a baby under one year of age or
iiithe applicable prc laws and regulations otherwise prohibit the termination of this contract
hthe contract may be dicharged by the employee by giving notice in written form 30(thirty) days in advance however the employee may inform the employer to discharge the contract at random under the following occasions
ithe employee is still in the probationary period
iithe employer force the employee to work by violence duress or illegal restriction to physical freedom
iii the employer does not pay the remuneration of the employee accordance with the relevant clause in the contract
ivthe employer violates the relevant regulations of state or tianjin for its terrible safe and health condition which is harmful to the employee’s health
ithe contract can not be terminated by the employee before the expiration if not conforming to 8d 8h
j the employer shall pay the economic compensation to the employer if the contract is terminated conforming to 8d8f8hi8hiv additional fee for medical allowance should be paid to the employee if the contract is terminated conforming to 8fi
9breach liabilities
a due to either party’s fault if breaching the contract that party shall undertake the breach liability according to the extent to the performance of the contract if the parties both breach the contract they shall undertake its separate liability according to the concrete situation
b due to either party’s fault if breaching the contract to damage the other party the damage should be compensated by the faulty party accordance with the relevant laws and regulations of prc
cdue to the force majeure causing the nonperformance or the damages to either party the other party may not undertake the breach liability
cthe employee wants to resign and has received training provided by the employer the employee shall compensate for the training cost the method of compensation should be fixed according to the relevant company regulations as follows
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
10labor disputes
where a labor dispute between the parties takes place during the performance of this contract the parties concerned may seek for a settlement through consultation or either party may apply to the labor dispute mediation committee of their unit for mediation if the mediation fails and one of the parties requests for arbitration that party may apply to the labor dispute arbitration committee for arbitration either party may also directly apply to the labor dispute arbitration committee for arbitration within 60 days starting from the date of the occurrence of a labor dispute if one of the parties is not satisfied with the adjudication of arbitration the party may bring the case to a people＇s court within 15 days of the da te of receiving the ruling of arbitration
11the verification of this contract shall be made in baodi labour bureau tianjin within 30 days after being signed by the parties
employer (official stamp)_________ employee____________
representative _________________
address_______________________ address______________
date___________________________________________________
it’s verified herein that the contract conforms to the relevant laws and regulations through examination and review
authority：_____________________________________________
clerk：_________________________________________________
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employer__________________________
legal representative_________________
position_________ president________
address__________ post code_______
employee__________________________
name_____________ gender_________
address__________ nationality______
id card no________________________
date of birth_______________________
education degree____________________
this contract is signed on a mutuality voluntary basis by and between the following employer and employee in accordance with the labour law of people＇s republic of china＇
1term of the contract
the term of this contract is for _____ years and shall commence on __________ and shall continue until __________ unless earlier terminated pursuant to this contract the employee shall undergo a probationary period of ___months
2job description
the employer agrees to employ mrms________(name) as ________(job title) in ________department located in ________(office location and city)
3 remuneration of labour
athe salary of the employee shall bemonthly paid by the employer in accordance with applicable laws and regulations of prc it shall be paid by legal tender and not less than the standard minimum salary in tianjin
b the salary of the employee is rmb______ per month in the probationary period and rmb _____ after the probationary period
c if the delay or default of salary takes place the employer shall pay the economic compensation except the salary itself in accordance with the relevant laws and regulations
4working hours & rest & vocation
athe normal working hours of the employee shall be eight hours each day excluding meals and rest for an average of five days per week for an average of forty hours per week
bthe employee is entitled to all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the prc and the company ＇s work rules
c the employer may extend working hours due to the requirements of its
production or business after consultation with the trade union and the employee but the extended working hour for a day shall generally not exceed one hour if such extension is called for due to special reasons the extended hours shall not exceed three hours a day however the total extension in a month shall not exceed thirtysix hours
5social security & welfare
athe employer will pay for all mandatory social security programs such pension insurance unemployment insurance medical insurance of the employee according to the relevant government and city regulations
bduring the period of the contract the employee’s welfare shall be implemented accordance with the laws and relevant regulations of prc
6working protection & working conditions
athe employer should provide the employee with occupational safety and health conditions conforming to the provisions of the state and necessary articles of labor protection to guarantee the safety and health during the working process
bthe employer should provide the employee with safety education and technique training the employee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special operations
c the employee should strictly abide by the rules of safe operation in the process of their work
7labour discipline
athe employer may draft bylaws and labour disciplines of the company according to which the employer shall have the right to give rewards or take disciplinary actions to the employee
bthe employee shall comply with the management directions of the employer and obey the bylaws and labour disciplines of the employer
cthe employee shall undertake the obligation to keep and not to disclose the trade secret for the employer during the period of this contractthis obligation of confidentiality shall survive the termination of this contract for a period of two (2) years
8termination modification renew and discharge of the contract
a the relevant clauses of the contract may be modified by the parties
ithe specific clause is required to be modified by the parties through
consultation
iidue to the force majeure the contract can not be executed
iiithe relevant laws and regulations have been modified or abolished by the time of signing the contract
bthe contract may be automatically terminated
i this contract is not renewed at the expiration of this contract
ii the employer is legally announced to be bankruptcy dismissed or canceled
iiithe death of the employee occurs
ivthe force majeure takes place
vthe conditions of termination agreed in the contract by the parties arise
cthe contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procedure within 15 days to the expiration
d the contract may be discharged through consultation by the parties
ethe contract may be discharged by the employer with immediate effect and the employee will not be compensated
ithe employee does not meet the job requirements during the probationaryperiod
iithe employee seriously violates disciplines or bylaws of the employer
iiithe employee seriously neglects his duty engages in malpractice for selfish ends and brings significant loss to the employer
ivthe employee is being punished by physical labour for its misfeasance
vthe employee is being charged with criminal offences
fthe contract may be terminated by the employer by giving notice in written form 30(thirty) days in advance
ithe employee fails ill or is injured to (other than due to work) and after completion of medical treatment is not able to perform his previous function or any other function the employer assigns to him
iithe employee does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily
iiithe circumstances have materially changed from the date this contract was signed to the extent that it is impossible to execute the contract provided however that the parties cannot reach an agreement to amend the contract to reflect the changed circumstances
ivthe employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble under such condition it is required to reduce the emplouee(in legal procedure)
gthe employee shall not be dismissed
i the contract has neither expired nor conformed to 8d8e8f8g
iithe employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disabled by the labour authentication commission in baodi county tianjin
iii the employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable prc law and regulations and company policy
ivthe employee is woman who is pregnant on maternity leave or nursing a baby under one year of age or
iiithe applicable prc laws and regulations otherwise prohibit the termination of this contract
hthe contract may be dicharged by the employee by giving notice in written form 30(thirty) days in advance however the employee may inform the employer to discharge the contract at random under the following occasions
ithe employee is still in the probationary period
iithe employer force the employee to work by violence duress or illegal restriction to physical freedom
iii the employer does not pay the remuneration of the employee accordance with the relevant clause in the contract
ivthe employer violates the relevant regulations of state or tianjin for its terrible safe and health condition which is harmful to the employee’s health
ithe contract can not be terminated by the employee before the expiration if not conforming to 8d 8h
j the employer shall pay the economic compensation to the employer if the contract is terminated conforming to 8d8f8hi8hiv additional fee for medical allowance should be paid to the employee if the contract is terminated conforming to 8fi
9breach liabilities
a due to either party’s fault if breaching the contract that party shall undertake the breach liability according to the extent to the performance of the contract if the parties both breach the contract they shall undertake its separate liability according to the concrete situation
b due to either party’s fault if breaching the contract to damage the other party the damage should be compensated by the faulty party accordance with the relevant laws and regulations of prc
cdue to the force majeure causing the nonperformance or the damages to either party the other party may not undertake the breach liability
cthe employee wants to resign and has received training provided by the employer the employee shall compensate for the training cost the method of compensation should be fixed according to the relevant company regulations as follows
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
the employee shall compensate rmb_______ within ___year(s) in the company if the contract is terminated by the employee at his cause
10labor disputes
where a labor dispute between the parties takes place during the performance of this contract the parties concerned may seek for a settlement through consultation or either party may apply to the labor dispute mediation committee of their unit for mediation if the mediation fails and one of the parties requests for arbitration that party may apply to the labor dispute arbitration committee for arbitration either party may also directly apply to the labor dispute arbitration committee for arbitration within 60 days starting from the date of the occurrence of a labor dispute if one of the parties is not satisfied with the adjudication of arbitration the party may bring the case to a people＇s court within 15 days of the da te of receiving the ruling of arbitration
11the verification of this contract shall be made in baodi labour bureau tianjin within 30 days after being signed by the parties
employer (official stamp)_________ employee____________
representative _________________
address_______________________ address______________
date___________________________________________________
it’s verified herein that the contract conforms to the relevant laws and regulations through examination and review
authority：_____________________________________________
clerk：_________________________________________________
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《香当网》用户分享的内容，不代表《香当网》观点或立场，请自行判断内容的真实性和可靠性！
该内容是文档的文本内容，更好的格式请下载文档