_________(简称甲方)应业务需聘(雇)_________先生(女士)(简称乙方)约聘(雇)员双方订立契约条款:
聘(雇)期间:_________年_________月_________日起_________年_________月_________日止
二聘(雇)报酬:甲方月支乙方报酬_________薪点(_________元)
三工作容(具体叙明):_________
四受聘(雇)责:
乙方受聘(雇)须确保甲方公务机密保密期限者规定保密期限者离职日起_________年限(解聘(雇)者)乙方法行违背约定义务违背者涉民刑事责甲方法追究外时解聘(雇)
聘(雇)期间乙方愿接受甲方约定工作指派调遣遵守工作相关规定乙方违背述相关规定确属情节重甲方时终止契约甲乙双方特事须提前终止契约时应月前提出预告甲乙双方协议乙方始离职乙方离职时应先规定办妥离职手续损害公物侵权情事(违反甲方智财产权规定)应负责赔偿
五乙方受聘(雇)期间应遵守甲方切行政法规规定外假期离职储金劳工保险全民健保等左列约定:
假期核:_________办理
离职储金扣缴_________规定办理月扣缴储存生息离职时规定发
乙方月支报酬百分_________提存储金中百分_________乙方月报酬中扣缴作提储金百分_________甲方提拨作公提储金甲方金融机构开立专户储存孳息列帐理
乙方契约期满离职甲方意契约期限届满前离职职公病意外死亡者发公提储金息
乙方违反契约定义务甲方予解聘未甲方意契约期限届满前离职者仅发提储金息
余未事宜请参考_________关规定
乙方受聘(雇)期间甲方应善投保劳工保险全民健康保险义务
六乙方受聘(雇)期间著作工作成果系甲方企划法定工作期间完成者权属甲方前开著作工作成果生智财产权应院相关规定办理
七契约期间届满然失效业务需须续聘时行签订新契约
八契约未订定事项悉聘员聘条例_________相关规定办理
九契约中文准中英文二互相歧异抵触时中文准
十契约法律纠纷_________法院第审辖法院
十契约乙式参份份甲方报院备查外双方执乙份
甲方(签章):_________ 乙方(签章):_________
_________年____月____日 _________年____月____日
附件
This Agreement is made and entered into on the _________day of _________ _________by and between _________( Institute or Preparatory Office ) Academia Sinica ( hereinafter referred to as A ) and_________( hereinafter B )
Whereas A is willing to offer B employment and B is willing to accept such employment subject to the following terms and conditions:
1 Term of Employment
The parties agree that the term of this agreement shall be commencing from this _________ day of _________ _________ to the_________day of _________ _________
2 Remuneration
A shall pay B a salary of NT$_________per month
3 B's duties ( in specific description )
B's duties shall include _________
4 B's Obligations and Termination
41 B shall handle in a confidential manner all matters relating to A's business This confidentiality obligation shall remain effective during the period specified in the regulations or working rules concerned In case that no time period is specified
it remains effective for successive _________ years' terms after B's termination of this employment In the event that B violates any law or regulation or breaches this Agreement or working rules concerned A may in its discretion reprimand B or terminate this Agreement A also reserves the right to institute suit against B for civil compensation or to impose criminal liability
42 During the term of this Agreement B shall comply with the directions and instructions of hisher supervisors perform hisher duties in accordance with all regulations and relevant working rules Where B violates any obligation specified in this paragraph and the case is considered to be serious in nature A may in its discretion terminate this Agreement If at any time the parties intend to terminate this Agreement due to causes beyond the reasonable control of such party either shall give thirty (30) days' notice of cancellation to the other party prior to the intended termination date B shall vacate hisher office under and pursuant to the stipulations agreed upon by both parties B shall submit to the proceedings in prescribed manner as to be vacated of hisher officeIn case of any one of the following conditions which is due to B's faultB shall be responsible for compensation:(1) Where B inflicts damage to or excessively abuses machinery equipment tools raw materials products or other article belonging to Academia Sinica(2) Where B commits torts(3) Where B violates A's ownership of intellectual property rights
5 B shall comply with any administrative regulations and rules provided by A In regard to the matters of absence on leave payasyougo contribution benefit labor insurance and national health insurance the following terms and conditions shall be applicable
51 Absence on leave shall be operated pursuant to Regulation of Absence on leave for Personnel served in all Executive Yuan organizations under Civil Contractual Relationship
52 The deduction and grant of payasyougo contribution benefit shall be operated pursuant to Regulation of 'payasyougo' contribution benefit for Personnel served in all organizations and schools under Civil Contractual Relationship Certain amount of salary shall be deducted per month and accrue on the financial institute over the term of this employment
521 An amount equal to seven percent ( 7) of the monthly salary shall be contributed Fifty percent ( 50) of the contribution shall be drawn from B's monthly salary ( hereinafter called personal contribution benefit) A shall provide the other fifty percent ( 50) of the contribution ( hereinafter called public contribution benefit) and shall open a special account on financial institute as to accumulate and manage this contribution (personal plus public)
522 The total amount of the contribution benefits (personal plus public) shall be granted to B if at any time (a) B leaves the office on the expiry of this Agreement (b) B vacates the office prior to the expiration date with the consent of A and (c) B deceases due to undertaking of duty illness or accident
523 The amount of personal contribution benefits accumulated shall be granted to B if at any time (a) A terminates this Agreement inasmuch as B breaches any obligation and (b) B resigns from the office prior to the expiration date without the consent of A
524 Any matter or event not provided in the context of this Article shall be operated pursuant to Regulation of 'payasyougo' contribution benefit for Personnel served in all organizations and schools under Civil Contractual Relationship and relevant regulations
53 During the term of this Agreement A shall insure B subject to the terms and conditions pursuant to labor insurance regulations and national health insurance regulations
6 Both parties agree that A shall own proprietary right pertaining to the literary works or achievements completed by B under the projects initiated or coordinated by A during the term of this Agreement The ownership of intellectual property rights ( including but not limited to certain patents trademarks copyrights technical information and knowhow ) accrued from the literary works or achievements herein contained is subject to the relevant regulations and rules provided by A
7 Expiration
At the expiration of the term of this agreement the employment relationship shall automatically terminate without any condition A new employment agreement shall be signed for the renewal and continuance of such relationship if agreed to any by both parties
8 Any matter or event not provided in the context of this Agreement shall be governed by and interpreted in accordance with Employment Regulation for Personnel under Civil Contractual Relationship (stipulated by Academia Sinica ) & Employment Regulation for Personnel served in all Executive Yuan organizations under Civil Contractual Relationship
9 Governing Language
The Chinese text of this Agreement shall be deemed the original In the event of any dispute or misunderstanding as to the interp retation of the language or terms of this Agreement the Chinese language version shall control
10 Governing Law
Any dispute or controversy between the parties with respect to this agreement shall be determined in accordance with the laws of the Republic of China The parties hereby submit and consent to the nonexclusive jurisdiction of the ShihLin District Court
11 In Witness whereofthe parties hereto have executed this Agreement in three (3) counterparts on the date first above indicated each such counterpart being deemed an original and all such counterparts together constituting one single instrument The parties have delivered this Agreement two for A ( the Central Administration Office and the Institute or Preparatory Office hereto ) and one for B
Party A (signature)_________ Party B (signature)_________
Date_________ Date_________
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