LABOUR CONTRACT
劳 动 合
CO LTD
限公司
AND
**********(名)
INDEX 目录
1 POSITION & TASKS OF WORK 职务工作职责
2 TRIAL PERIOD 试期
3 DURATION OF THE CONTRACT 合期限
4 SALARY 工资
5 PREMIUM & BONUS 奖金分红
6 PERSONAL INCOME TAX 税
7 TRAINING 培训
8 WORKING HOURS 工作时间
9 DISCIPLINE 劳动纪律
10 SICKNESS & INJURY LEAVE 病假伤假
11 LABOUR SAFETY & HYGIENE劳动安全劳动卫生保障
12 SOCIAL INSURANCE 社会保险
13 HOLIDAYS 休假
14 EXCLUSIVITY & NONCOMPETITION 唯性非竞争协定
15 CONFIDENTIALITY 保密协定
16 RESPONSIBILITIES OF THE PARTIES 双方职责
17 TERMINATION OF THE CONTRACT 合终止
18 AMENDMENT OF THE CONTRACT 合修订
19 APPLICABLE LAW 适法律
20 SETTLEMENT OF DISPUTES 争议处理解决
21 MISCELLANEOUS 事宜
甲方（单位）全 称：
住 ：
联 系 电 话：
法 定 代 表 ：
Hereinafter referred to as the COMPANY
简称公司
乙方（劳动者） 姓 名：
性 ：
出 生 年 月：
出 生 ：
效身份证件号码：（护）
现 住 址：
联 系 电 话：
Hereinafter referred to as the EMPLOYEE
简称该员工
Hereinafter collectively referred to as the PARTIES
甲方乙方统称合双方
In accordance with the Labour Law and other relevant laws and regulations of the People’s Republic of China the PARTIES have concluded the following labour contract (hereinafter referred to as the CONTRACT)
合双方中华民国劳动法中华民国相关法律法规约定劳动合(简称合)
ARTICLE 1 POSITION & TASKS OF WORK
第条：职务工作职责
11 The EMPLOYEE will have the following position
该员工担职务：
_____________________________
12 If necessary due to the management organisation of the COMPANY and or the competence and abilities of the EMPLOYEE the COMPANY may adjust the position duties and responsibilities of the EMPLOYEE
公司理编制需该员工资格力原公司必情况该员工职务工作职责进行适调整
ARTICLE 2 TRIAL PERIOD
第二条：试期
21 The trial period will start on the date of signature of this CONTRACT The duration of the trial period is three (3) months During the trial period the EMPLOYEE will be bound by all articles of this contract
试期合签署日起开始时间三月试期间该员工受合全部条款约束
22 After the specified trial period and if no notice of termination is given the EMPLOYEE automatically becomes employed under the terms and conditions of this CONTRACT
约定试期该员工没收关解劳动关系通知试期满该员工动转公司正式员工执行合规定条款
ARTICLE 3 DURATION OF THE CONTRACT
第三条：合期限
31 The duration of this CONTRACT is twentyfour (27) months
合期限27月
32 This CONTRACT maybe extended upon agreement of both PARTIES An extension to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES
合合双方意续签合双方签署书面协议续签合方生效
ARTICLE 4 SALARY
第四条：工资
41 The COMPANY shall define its own salary policy in accordance with regulations stipulated by the state and municipal government The COMPANY shall ensure that the monthly salary of the EMPLOYEE is not less than the minimum pay standard set by the local government
公司中华民国北京市关政策法规制定公司员工工资标准公司保证该员工月工资低政府规定低工资
42 The EMPLOYEE will receive a gross √monthly or 口annual salary of 300000 renminbi (RMB300000) and increase thereafter the basis of the staff performance the economic development of the COMPANY and according to the salary policy of the COMPANY approved by the Board of Directors of the COMPANY and etc
该员工税前工资 √月 口年叁仟元民币该员工工作表现公司济效益公司制定董事会批准工资标准年递增
43 Such salary shall be transferred to the bank account designated by the EMPLOYEE between the third and fifth day of each month
述工资月3号5号期间汇入该员工指定银行账户
ARTICLE 5 PREMIUM & BONUS
第五条：奖金分红
51 At the full discretion of the Chairman and based upon hisher general attitude and the result of hisher work and fulfilment of hisher objectives detailed with hisher manager and at the beginning of each calendar year the EMPLOYEE will be entitled to an annual bonus not exceeding one (1) month of salary and shall be paid to the EMPLOYEE for each full calendar year which the EMPLOYEE works for the COMPANY in two (2) instalments the following year
公司董事长意根该员工工作态度工作成果级规定工作目标完成状况该员工权公历年初享受年终奖金（奖金总额超该员工月工资）员工公司工作满年时奖金次年分两次发放
ARTICLE 6 PERSONAL INCOME TAX
第六条：税
61 The EMPLOYEE shall pay individual income tax in accordance with the relevant laws and regulations of the People’s Republic of China The COMPANY shall withhold such amount and pay it to the competent tax bureau
该员工须 中华民国相关法律法规缴纳税公司该员工代扣代徼税应纳税款交相应税务机关
ARTICLE 7 TRAINING
第七条：培训
71 The COMPANY will establish an EMPLOYEE training system and provide necessary training to the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and as the COMPANY needs
公司中华民国关法律法规公司需求该员工设计套培训体系该员工提供必培训
ARTICLE 8 WORKING HOURS
第八条：工作时间
81 The COMPANY will implement working hour system of forty minimum(40) hours per week in accordance with the relevant laws and regulations exclusive of lunch time
公司相关法律法规实行周40时工作制（周工作时间少40时）包括午餐时间
The working hours are from Monday to Friday from 900AM to 600PM with a one (1) hour for lunch that may vary in time so as to have at least one staff member in the office during lunch time
工作时间周周五天午9点午6点午餐时间时午餐时间根具体情况进行安排确保届时少名员工留守办公室
82 Subject to the operation needs the COMPANY may adopt irregular working hour system or calculate the working hours on synthetic basis
根实际工作需公司采规时间工作制综合标准计算工作时间
83 The COMPANY may extend the working hours of the EMPLOYEE after consultation with the EMPLOYEE according to the relevant laws and regulations
关法律法规该员工进行协商公司延长该员工工作时间
The COMPANY pays the EMPLOYEE 300 percent of the salary based on an hourly amount according to Article 4 hereto for working during official public holidays
需员工法定节假日加班公司根合第4条中列工资标准计算出该员工时工资时工资标准3倍支付加班工资
84 Notwithstanding what provided hereof the COMPANY shall extend the working hours regardless of Article 81 and Article 83 in any of the following cases
出现列情况否符合合第81条第83条中规定公司均延长工作时间：
a Immediate action which must be carried out in case of natural disasters accidents or other events that will endanger the EMPLOYEE’s life health property or safety
发生然灾害事危该员工生命健康财产安全事件必须采取紧急措施
b Urgent repair which must be carried out in case of breaking down of operation equipment communication transportation and other facilities which will endanger COMPANY business or public interest
运营设备通讯设备运输设备设备发生障危害公司业务公利益必须进行紧急维修
c Continuous of the operation or business of the COMPANY which shall not be interrupted on stipulated holidays and rest days
法法定休假双休日中断公司持续开展营运作业务
d Overhaul and maintenance of the equipment which shall only be made on stipulated holidays and rest days and
法定休假双休日进行设备检修维护
e Emergency operation assignment concerning national defence
国防原需采取紧急措施
ARTICLE 9 DISCIPLINE
第九条：劳动纪律
91 Apart from the provisions of this CONTRACT the EMPLOYEE must respect all relevant laws and regulations of the People’s Republic of China rules and regulations of the COMPANY and provisions of any relevant collective labour contract
合规定条款外该员工须遵守中华民国相关法律法规公司制定规章制度劳动合方面相关规定
92 The EMPLOYEE must respect and execute any and all formal instructions given to himher regarding the duties and responsibilities of hisher tasks of work
该员工须遵守执行切工作职责关正式指令
93 In cases of an offence gross misconduct and or any violation of labour discipline the COMPANY will normally carry out the following procedure
该员工出现错严重失违反劳动纪律行公司般程序该员工进行处罚：
1 – Oral warning 口头警告
2 – First written warning 第次书面警告
3 – Final written warning 第二次书面警告
4 – Dismissal 开
94 However the COMPANY reserves the right to omit any of these stages as the case may be
然公司权根实际情况述某步骤进行调整
95 The EMPLOYEE has the right to appeal against written warnings or dismissal to the Labour Dispute Committee if any
该员工权针受书面警告开决定劳动争议委员会提出申诉(需)
ARTICLE 10 SICKNESS & INJURY LEAVE
第十条： 病假伤假
101 The EMPLOYEE will be entitled to sickness and injury leaves in accordance with the relevant laws and regulations
该员工权根相关法律法规享受病假伤假
102 The EMPLOYEE applying for sickness or injury leave shall fill in a leave application form’ and get approval from hisher manager Leave for more than two (2) days shall be approved by the Chief Executive Officer of the COMPANY and submitted to the Office
Manager Human Resources Manager or their Manager for verification and filing before going for leave
申请病假伤假时该员工应填写休假申请表必须级准许该员工休假超两(2)天需公司首席执行官允许应休假前休假申请表提交行政理力资源部理直属级理供审核存档
In case of any sudden sickness or injury the EMPLOYEE shall inform hisher manager no later than the end of the first day A written confirmation shall be submitted to the Office Manager and Human Resources Manager for verification and filing within two (2) days after he or she comes back to work
该员工突发疾病受伤需天结束前通知级理返回岗位两(2)工作日书面说明提交行政理力资源部理供审核存档
103 If the EMPLOYEE is absent for more than one (1) week heshe must ensure that the Chief Executive Officer are kept informed of the progress at weekly intervals
该员工病假超周该员工必须周首席执行官报告病情状况
104 The EMPLOYEE taking sickness or injury leaves for more than one (1) day must provide a medical certificate issued by a qualified doctor Failure or refusal to provide the certificate or providing false or inaccurate information will be deemed as a gross misconduct
该员工休病假伤假超天必须提供专业医师出具病假条该员工法拒绝提供病假条提供虚假信息视严重失
ARTICLE 11 LABOUR SAFETY & HYGIENE
第十条：劳动安全劳动卫生保障
111 The COMPANY will establish a sound labour safety and hygiene facilities and shall strictly implement rules and standards of labour safety and hygiene of the People’s Republic of China conduct labour safety and hygiene
education prevent accidents and reduce occupational hazards
公司建立套合理劳动安全卫生保护措施严格落实中华民国劳动安全卫生制度标准开展劳动安全卫生教育防止事发生减少职业病危害
112 The COMPANY shall provide the EMPLOYEE with labour safety and hygiene conditions and necessary articles in conformity with the relevant laws and regulations
公司关法律法规该员工提供劳动安全卫生条件必设备
113 The EMPLOYEE shall have the right to refuse to carry out any dangerous operation forced upon himher by management personnel in violation of the relevant regulations
该员工级违反相关法律法规求事危险性工作该员工权拒绝
ARTICLE 12 SOCIAL INSURANCES
第十二条：社会保险
121 The COMPANY must join social insurance schemes for the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and shall pay on time social insurance premiums to the social insurance institutions according to the standards set by the local authorities
公司严格遵守中华民国关法律法规该员工缴纳社会保险政府部门制定标准保险费时全额支付社会保险机构
ARTICLE 13 HOLIDAYS
第十三条：休假
131 The EMPLOYEE enjoys statutory holidays for official public holidays wedding and funerals in line with the relevant laws and regulations of the People’s Republic of China
该员工中华民国关法律法规享受法定休假包括法定节假日婚假丧假产假
132 The EMPLOYEE is entitled yearly (for a full year worked) to a paid annual vacation of ten (10) working days exclusive of the statutory holidays
该员工公司工作满年权享受年十工作日带薪年假含法定节假日
The holiday’s reference period is from the first day of January to the thirty first day of December Holidays accrued during one period have to be taken on the following holiday period For the first year of employment holidays will be accrued at pro rata temporis
年1月1日12月31日作休假年度年未休假期累积次年公司工作未满年新员工次年享受年假具体年假天数实际工作时间计算
133 After the EMPLOYEE completes five (5) years of continuous work for the COMPANY the EMPLOYEE is entitled yearly (for a full year worked) to one (1) further working day of paid annual vacation for each full year which the EMPLOYEE works for COMPANY but the paid annual vacation shall not exceed twenty (20) working days in the aggregate
该员工公司职满五年公司工作满年年增加工作日带薪年假年带薪年假累积超二十工作日
134 All leave must be taken at times agreed with the Chief Executive Officer of the COMPANY ten days in advance
休假必须提前10天公司申请获首席执行官意
ARTICLE 14 EXCLUSIVITY & NONCOMPETITION
第十四条：唯性非竞争协定
141 The EMPLOYEE must devote in full all hisher working time to the COMPANY
该员工公司工作期间必须勤奋敬业
142 It is strictly forbidden for the EMPLOYEE to have any other professional activity for himselfherself or and relatives or and third parties even free of charge
严格禁止该员工公司职期间身亲属第三方提供偿偿专业劳动
143 The EMPLOYEE undertakes not to exercise directly or indirectly on behalf of any competitor to the COMPANY even as free of charge or for himselfherself any activity which may compete with the business of the COMPANY for one (1) year after the termination of the present CONTRACT This Article 143 is not applicable if termination of the CONTRACT is due to COMPANY for other reasons than the ones covered by Article 14 and Article 15
该员工公司解合年直接间接代表公司竞争手事伤公司利益偿偿活动原非合第14条第15条解合适合第143条
144 The EMPLOYEE shall pay the COMPANY an amount of RMB10000 to RMB100000 as a penalty clause if heshe does not comply with Article 141 Article 142 and Article 143 hereto This amount does not include the possible actual damages which may be claimed by the COMPANY
该员工违反合第141条第142条第143条规定必须公司支付1万10万民币作赔偿该笔赔偿包括公司造成实际损害进行索赔金额
ARTICLE 15 CONFIDENTIALITY
第十五条：保密协定
151 The EMPLOYEE shall keep strictly secret and confidential and not to disclose to any third PARTY any and all technical economic financial client or marketing information acquired from the COMPANY and or obtained because of
hisher activities in the COMPANY
该员工须严守公司机密第三方透露公司处获该员工公司职获技术济财务客户市场信息
The EMPLOYEE shall not use any such information for any purpose whatsoever except within and for the tasks duties and responsibilities provided in this CONTRACT
该员工述信息合规定工作职责外切活动
152 The EMPLOYEE agrees that any disclosure or non authorised use of such information shall be considered as a serious misconduct except in the case whereby the EMPLOYEE has received a prior written permission from the COMPANY management
该员工认非该员工已事先收公司理部门发出书面许否泄露述信息未授权情况述信息视严重失行
153 The EMPLOYEE shall comply with hisher confidentiality obligations pursuant to this Article 15 for the whole term of this CONTRACT and duration of five (5) years after the termination of the CONTRACT
该员工公司职期间合解五(5)年应合第15条规定遵守保密协议
154 The EMPLOYEE shall pay the COMPANY an amount of RMB10000 to RMB100000 as a penalty if heshe does not comply with hisher confidentiality obligations pursuant to this Article 15 This amount does not include the possible actual damages which may be claimed by the COMPANY
该员工违反合第15条规定没应保密义务该员工必须公司支付1万10万民币作赔偿该笔赔偿包括公司造成实际损害进行索赔金额
ARTICLE 16 RESPONSIBILITIES OF THE PARTIES
第十六条： 双方职责
161 Either of the PARTIES shall perform its responsibilities under this CONTRACT strictly in accordance with the provision hereof
合方应合规定条款严格履行职责
162 Either of the PARTIES should bear responsibilities for compensation if it violates this CONTRACT infringes upon the interests of the other PARTY and causes damages to the other PARTY
合方违反合损害合方利益合方造成损害该方承担违约责
ARTICLE 17 TERMINATION OF THE CONTRACT
第十七条：合终止
171 Either of the PARTIES shall be entitled to terminate this CONTRACT for reasons expressly provided by the relevant laws and regulations of the People’s Republic of China Such termination of this CONTRACT shall comply with the proceedings provided by the relevant laws and regulations
合方均权中华民国相关法律法规终止履行合合终止须遵关法律法规操作进行
172 Furthermore the COMPANY may terminate the CONTRACT for any one of the following reasons
外列情况公司时解合：
a The EMPLOYEE has a conflict between personal interest and the interest of the COMPANY in dealing with supplier customers and individuals of other organisations doing or seeking to do business with the COMPANY
该员工公司供货商客户机构员开展业务收集业务信息期间发生公司利益突
b The EMPLOYEE has asked for or received any advantage or benefits either in monetary or non monetary term of any kind form persons or organisations having business activities directly or indirectly with the COMPANY
该员工公司直接间接业务机构索取收受货币非货币形式财物处
c The EMPLOYEE fails to perform hisher responsibilities under Articles 14 and Article 15 of this CONTRACT
该员工违反合第14条第15条规定
d The EMPLOYEE left from hisher work for more than five (5) working days without prior consent from the Chief Executive Officer except in the case of force majeure which prevent the EMPLOYEE from informing the Chief Executive Officer
该员工事先未首席执行官准许擅离岗超五工作日抗力导致该员工法通知首席执行官外
173 The EMPLOYEE may also hand over a written notice of hisher resignation for personal reasons 30 days ahead If the EMPLOYEE does not provide the COMPANY with one month’s notice heshe should pay to the COMPANY one calendar month of salary and allowance mentioned in Article 4 as the compensation
原该员工提前三十天书面形式提出辞职该员工没提前三十天公司递交辞呈该员工公司支付合第4条规定月月工资补助作补偿金
174 The COMPANY shall pay to the EMPLOYEE any compensation pursuant to relevant laws and regulations of the People’s Republic of China in case of termination of this CONTRACT unless otherwise provided by the laws or resulting from the occurrence of the termination events agreed by PARTIES hereof or resignation of the EMPLOYEE for personal reasons The maximum amount of compensation by the COMPANY will not exceed one calendar month of salary and allowance mentioned in Article 4
合解公司遵中华民国关法律法规该员工支付补偿金该补偿金总数超合第4条规定月月工资补助总额
合双方法行约定解合者该员工出原提出辞职外
175 In case of termination of this CONTRACT due to fault of the EMPLOYEE or resignation of the EMPLOYEE for personal reasons
该员工失该员工出原解合：
a COMPANY need not pay to the EMPLOYEE the yearly bonus provided in Article 5 hereto and
公司须该员工支付合第5条规定年终奖金
b The EMPLOYEE shall refund to the COMPANY all the expenses and costs for the training provided to the EMPLOYEE according to Article 7 hereto
该员工应合第7条规定退公司提供培训投入费
ARTICLE 18 AMENDMENT OF THE CONTRACT
第十八章：合修订
181 This CONTRACT may be revised upon agreement of both PARTIES Any amendment to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES
合合双方意作修订合修订容须合双方签署书面协议方生效
ARTICLE 19 APPLICABLE LAW
第十九条：适法律
191 The formation validity and performance of this CONTRACT and disputes thereon shall be governed by the laws of the People＇s Republic of China
合格式效期履行合争议应遵中华民国法律法规执行
ARTICLE 20 SETTLEMENT OF DISPUTES
第二十条：争议处理解决
201 Any disputes arising from the performance of or in connection with this CONTRACT shall be settled through friendly consultations between the PARTIES
履行合合相关事宜引发争议应合双方友协商解决
202 In case no settlement can be reached through consultations the PARTIES can apply for mediation to the labour dispute conciliation committee established by the COMPANY if any
法协商解决合双方根需公司组建劳动争议理委员会申请调解
203 If mediation can not be reached the PARTIES may apply to arbitration to the relevant labour dispute arbitration committee
法实现调解合双方相关劳动争议仲裁委员会申请仲裁
If a PARTY disagrees with the arbitrage award rendered by such committee this PARTY may file a suit in the Baohe District People’s Court within fifteen (15) days of being notified the said arbitrage award
合方述劳动争议仲裁委员会予仲裁结果持异议该合方接仲裁结果十五日合肥市包河区民法院提起诉讼
ARTICLE 21 MISCELLANEOUS
第二十条：事宜
211 This CONTRACT shall be written in Chinese and English versions In a case of discrepancy of interpretation between the Chinese and English versions the Chinese version shall prevail
合中英文两种语言书写出现中英文翻译差异中文准
212 This CONTRACT is signed in three originals
合式三份
Signed and or chopped by the following PARTIES on **th ** 20**
合双方 年 月 日签署合盖章：
*************
20**年**月**日
******限公司
****** Co Ltd
20**年**月**日
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LABOUR CONTRACT
劳 动 合
CO LTD
限公司
AND
**********(名)
INDEX 目录
1 POSITION & TASKS OF WORK 职务工作职责
2 TRIAL PERIOD 试期
3 DURATION OF THE CONTRACT 合期限
4 SALARY 工资
5 PREMIUM & BONUS 奖金分红
6 PERSONAL INCOME TAX 税
7 TRAINING 培训
8 WORKING HOURS 工作时间
9 DISCIPLINE 劳动纪律
10 SICKNESS & INJURY LEAVE 病假伤假
11 LABOUR SAFETY & HYGIENE劳动安全劳动卫生保障
12 SOCIAL INSURANCE 社会保险
13 HOLIDAYS 休假
14 EXCLUSIVITY & NONCOMPETITION 唯性非竞争协定
15 CONFIDENTIALITY 保密协定
16 RESPONSIBILITIES OF THE PARTIES 双方职责
17 TERMINATION OF THE CONTRACT 合终止
18 AMENDMENT OF THE CONTRACT 合修订
19 APPLICABLE LAW 适法律
20 SETTLEMENT OF DISPUTES 争议处理解决
21 MISCELLANEOUS 事宜
甲方（单位）全 称：
住 ：
联 系 电 话：
法 定 代 表 ：
Hereinafter referred to as the COMPANY
简称公司
乙方（劳动者） 姓 名：
性 ：
出 生 年 月：
出 生 ：
效身份证件号码：（护）
现 住 址：
联 系 电 话：
Hereinafter referred to as the EMPLOYEE
简称该员工
Hereinafter collectively referred to as the PARTIES
甲方乙方统称合双方
In accordance with the Labour Law and other relevant laws and regulations of the People’s Republic of China the PARTIES have concluded the following labour contract (hereinafter referred to as the CONTRACT)
合双方中华民国劳动法中华民国相关法律法规约定劳动合(简称合)
ARTICLE 1 POSITION & TASKS OF WORK
第条：职务工作职责
11 The EMPLOYEE will have the following position
该员工担职务：
_____________________________
12 If necessary due to the management organisation of the COMPANY and or the competence and abilities of the EMPLOYEE the COMPANY may adjust the position duties and responsibilities of the EMPLOYEE
公司理编制需该员工资格力原公司必情况该员工职务工作职责进行适调整
ARTICLE 2 TRIAL PERIOD
第二条：试期
21 The trial period will start on the date of signature of this CONTRACT The duration of the trial period is three (3) months During the trial period the EMPLOYEE will be bound by all articles of this contract
试期合签署日起开始时间三月试期间该员工受合全部条款约束
22 After the specified trial period and if no notice of termination is given the EMPLOYEE automatically becomes employed under the terms and conditions of this CONTRACT
约定试期该员工没收关解劳动关系通知试期满该员工动转公司正式员工执行合规定条款
ARTICLE 3 DURATION OF THE CONTRACT
第三条：合期限
31 The duration of this CONTRACT is twentyfour (27) months
合期限27月
32 This CONTRACT maybe extended upon agreement of both PARTIES An extension to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES
合合双方意续签合双方签署书面协议续签合方生效
ARTICLE 4 SALARY
第四条：工资
41 The COMPANY shall define its own salary policy in accordance with regulations stipulated by the state and municipal government The COMPANY shall ensure that the monthly salary of the EMPLOYEE is not less than the minimum pay standard set by the local government
公司中华民国北京市关政策法规制定公司员工工资标准公司保证该员工月工资低政府规定低工资
42 The EMPLOYEE will receive a gross √monthly or 口annual salary of 300000 renminbi (RMB300000) and increase thereafter the basis of the staff performance the economic development of the COMPANY and according to the salary policy of the COMPANY approved by the Board of Directors of the COMPANY and etc
该员工税前工资 √月 口年叁仟元民币该员工工作表现公司济效益公司制定董事会批准工资标准年递增
43 Such salary shall be transferred to the bank account designated by the EMPLOYEE between the third and fifth day of each month
述工资月3号5号期间汇入该员工指定银行账户
ARTICLE 5 PREMIUM & BONUS
第五条：奖金分红
51 At the full discretion of the Chairman and based upon hisher general attitude and the result of hisher work and fulfilment of hisher objectives detailed with hisher manager and at the beginning of each calendar year the EMPLOYEE will be entitled to an annual bonus not exceeding one (1) month of salary and shall be paid to the EMPLOYEE for each full calendar year which the EMPLOYEE works for the COMPANY in two (2) instalments the following year
公司董事长意根该员工工作态度工作成果级规定工作目标完成状况该员工权公历年初享受年终奖金（奖金总额超该员工月工资）员工公司工作满年时奖金次年分两次发放
ARTICLE 6 PERSONAL INCOME TAX
第六条：税
61 The EMPLOYEE shall pay individual income tax in accordance with the relevant laws and regulations of the People’s Republic of China The COMPANY shall withhold such amount and pay it to the competent tax bureau
该员工须 中华民国相关法律法规缴纳税公司该员工代扣代徼税应纳税款交相应税务机关
ARTICLE 7 TRAINING
第七条：培训
71 The COMPANY will establish an EMPLOYEE training system and provide necessary training to the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and as the COMPANY needs
公司中华民国关法律法规公司需求该员工设计套培训体系该员工提供必培训
ARTICLE 8 WORKING HOURS
第八条：工作时间
81 The COMPANY will implement working hour system of forty minimum(40) hours per week in accordance with the relevant laws and regulations exclusive of lunch time
公司相关法律法规实行周40时工作制（周工作时间少40时）包括午餐时间
The working hours are from Monday to Friday from 900AM to 600PM with a one (1) hour for lunch that may vary in time so as to have at least one staff member in the office during lunch time
工作时间周周五天午9点午6点午餐时间时午餐时间根具体情况进行安排确保届时少名员工留守办公室
82 Subject to the operation needs the COMPANY may adopt irregular working hour system or calculate the working hours on synthetic basis
根实际工作需公司采规时间工作制综合标准计算工作时间
83 The COMPANY may extend the working hours of the EMPLOYEE after consultation with the EMPLOYEE according to the relevant laws and regulations
关法律法规该员工进行协商公司延长该员工工作时间
The COMPANY pays the EMPLOYEE 300 percent of the salary based on an hourly amount according to Article 4 hereto for working during official public holidays
需员工法定节假日加班公司根合第4条中列工资标准计算出该员工时工资时工资标准3倍支付加班工资
84 Notwithstanding what provided hereof the COMPANY shall extend the working hours regardless of Article 81 and Article 83 in any of the following cases
出现列情况否符合合第81条第83条中规定公司均延长工作时间：
a Immediate action which must be carried out in case of natural disasters accidents or other events that will endanger the EMPLOYEE’s life health property or safety
发生然灾害事危该员工生命健康财产安全事件必须采取紧急措施
b Urgent repair which must be carried out in case of breaking down of operation equipment communication transportation and other facilities which will endanger COMPANY business or public interest
运营设备通讯设备运输设备设备发生障危害公司业务公利益必须进行紧急维修
c Continuous of the operation or business of the COMPANY which shall not be interrupted on stipulated holidays and rest days
法法定休假双休日中断公司持续开展营运作业务
d Overhaul and maintenance of the equipment which shall only be made on stipulated holidays and rest days and
法定休假双休日进行设备检修维护
e Emergency operation assignment concerning national defence
国防原需采取紧急措施
ARTICLE 9 DISCIPLINE
第九条：劳动纪律
91 Apart from the provisions of this CONTRACT the EMPLOYEE must respect all relevant laws and regulations of the People’s Republic of China rules and regulations of the COMPANY and provisions of any relevant collective labour contract
合规定条款外该员工须遵守中华民国相关法律法规公司制定规章制度劳动合方面相关规定
92 The EMPLOYEE must respect and execute any and all formal instructions given to himher regarding the duties and responsibilities of hisher tasks of work
该员工须遵守执行切工作职责关正式指令
93 In cases of an offence gross misconduct and or any violation of labour discipline the COMPANY will normally carry out the following procedure
该员工出现错严重失违反劳动纪律行公司般程序该员工进行处罚：
1 – Oral warning 口头警告
2 – First written warning 第次书面警告
3 – Final written warning 第二次书面警告
4 – Dismissal 开
94 However the COMPANY reserves the right to omit any of these stages as the case may be
然公司权根实际情况述某步骤进行调整
95 The EMPLOYEE has the right to appeal against written warnings or dismissal to the Labour Dispute Committee if any
该员工权针受书面警告开决定劳动争议委员会提出申诉(需)
ARTICLE 10 SICKNESS & INJURY LEAVE
第十条： 病假伤假
101 The EMPLOYEE will be entitled to sickness and injury leaves in accordance with the relevant laws and regulations
该员工权根相关法律法规享受病假伤假
102 The EMPLOYEE applying for sickness or injury leave shall fill in a leave application form’ and get approval from hisher manager Leave for more than two (2) days shall be approved by the Chief Executive Officer of the COMPANY and submitted to the Office
Manager Human Resources Manager or their Manager for verification and filing before going for leave
申请病假伤假时该员工应填写休假申请表必须级准许该员工休假超两(2)天需公司首席执行官允许应休假前休假申请表提交行政理力资源部理直属级理供审核存档
In case of any sudden sickness or injury the EMPLOYEE shall inform hisher manager no later than the end of the first day A written confirmation shall be submitted to the Office Manager and Human Resources Manager for verification and filing within two (2) days after he or she comes back to work
该员工突发疾病受伤需天结束前通知级理返回岗位两(2)工作日书面说明提交行政理力资源部理供审核存档
103 If the EMPLOYEE is absent for more than one (1) week heshe must ensure that the Chief Executive Officer are kept informed of the progress at weekly intervals
该员工病假超周该员工必须周首席执行官报告病情状况
104 The EMPLOYEE taking sickness or injury leaves for more than one (1) day must provide a medical certificate issued by a qualified doctor Failure or refusal to provide the certificate or providing false or inaccurate information will be deemed as a gross misconduct
该员工休病假伤假超天必须提供专业医师出具病假条该员工法拒绝提供病假条提供虚假信息视严重失
ARTICLE 11 LABOUR SAFETY & HYGIENE
第十条：劳动安全劳动卫生保障
111 The COMPANY will establish a sound labour safety and hygiene facilities and shall strictly implement rules and standards of labour safety and hygiene of the People’s Republic of China conduct labour safety and hygiene
education prevent accidents and reduce occupational hazards
公司建立套合理劳动安全卫生保护措施严格落实中华民国劳动安全卫生制度标准开展劳动安全卫生教育防止事发生减少职业病危害
112 The COMPANY shall provide the EMPLOYEE with labour safety and hygiene conditions and necessary articles in conformity with the relevant laws and regulations
公司关法律法规该员工提供劳动安全卫生条件必设备
113 The EMPLOYEE shall have the right to refuse to carry out any dangerous operation forced upon himher by management personnel in violation of the relevant regulations
该员工级违反相关法律法规求事危险性工作该员工权拒绝
ARTICLE 12 SOCIAL INSURANCES
第十二条：社会保险
121 The COMPANY must join social insurance schemes for the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and shall pay on time social insurance premiums to the social insurance institutions according to the standards set by the local authorities
公司严格遵守中华民国关法律法规该员工缴纳社会保险政府部门制定标准保险费时全额支付社会保险机构
ARTICLE 13 HOLIDAYS
第十三条：休假
131 The EMPLOYEE enjoys statutory holidays for official public holidays wedding and funerals in line with the relevant laws and regulations of the People’s Republic of China
该员工中华民国关法律法规享受法定休假包括法定节假日婚假丧假产假
132 The EMPLOYEE is entitled yearly (for a full year worked) to a paid annual vacation of ten (10) working days exclusive of the statutory holidays
该员工公司工作满年权享受年十工作日带薪年假含法定节假日
The holiday’s reference period is from the first day of January to the thirty first day of December Holidays accrued during one period have to be taken on the following holiday period For the first year of employment holidays will be accrued at pro rata temporis
年1月1日12月31日作休假年度年未休假期累积次年公司工作未满年新员工次年享受年假具体年假天数实际工作时间计算
133 After the EMPLOYEE completes five (5) years of continuous work for the COMPANY the EMPLOYEE is entitled yearly (for a full year worked) to one (1) further working day of paid annual vacation for each full year which the EMPLOYEE works for COMPANY but the paid annual vacation shall not exceed twenty (20) working days in the aggregate
该员工公司职满五年公司工作满年年增加工作日带薪年假年带薪年假累积超二十工作日
134 All leave must be taken at times agreed with the Chief Executive Officer of the COMPANY ten days in advance
休假必须提前10天公司申请获首席执行官意
ARTICLE 14 EXCLUSIVITY & NONCOMPETITION
第十四条：唯性非竞争协定
141 The EMPLOYEE must devote in full all hisher working time to the COMPANY
该员工公司工作期间必须勤奋敬业
142 It is strictly forbidden for the EMPLOYEE to have any other professional activity for himselfherself or and relatives or and third parties even free of charge
严格禁止该员工公司职期间身亲属第三方提供偿偿专业劳动
143 The EMPLOYEE undertakes not to exercise directly or indirectly on behalf of any competitor to the COMPANY even as free of charge or for himselfherself any activity which may compete with the business of the COMPANY for one (1) year after the termination of the present CONTRACT This Article 143 is not applicable if termination of the CONTRACT is due to COMPANY for other reasons than the ones covered by Article 14 and Article 15
该员工公司解合年直接间接代表公司竞争手事伤公司利益偿偿活动原非合第14条第15条解合适合第143条
144 The EMPLOYEE shall pay the COMPANY an amount of RMB10000 to RMB100000 as a penalty clause if heshe does not comply with Article 141 Article 142 and Article 143 hereto This amount does not include the possible actual damages which may be claimed by the COMPANY
该员工违反合第141条第142条第143条规定必须公司支付1万10万民币作赔偿该笔赔偿包括公司造成实际损害进行索赔金额
ARTICLE 15 CONFIDENTIALITY
第十五条：保密协定
151 The EMPLOYEE shall keep strictly secret and confidential and not to disclose to any third PARTY any and all technical economic financial client or marketing information acquired from the COMPANY and or obtained because of
hisher activities in the COMPANY
该员工须严守公司机密第三方透露公司处获该员工公司职获技术济财务客户市场信息
The EMPLOYEE shall not use any such information for any purpose whatsoever except within and for the tasks duties and responsibilities provided in this CONTRACT
该员工述信息合规定工作职责外切活动
152 The EMPLOYEE agrees that any disclosure or non authorised use of such information shall be considered as a serious misconduct except in the case whereby the EMPLOYEE has received a prior written permission from the COMPANY management
该员工认非该员工已事先收公司理部门发出书面许否泄露述信息未授权情况述信息视严重失行
153 The EMPLOYEE shall comply with hisher confidentiality obligations pursuant to this Article 15 for the whole term of this CONTRACT and duration of five (5) years after the termination of the CONTRACT
该员工公司职期间合解五(5)年应合第15条规定遵守保密协议
154 The EMPLOYEE shall pay the COMPANY an amount of RMB10000 to RMB100000 as a penalty if heshe does not comply with hisher confidentiality obligations pursuant to this Article 15 This amount does not include the possible actual damages which may be claimed by the COMPANY
该员工违反合第15条规定没应保密义务该员工必须公司支付1万10万民币作赔偿该笔赔偿包括公司造成实际损害进行索赔金额
ARTICLE 16 RESPONSIBILITIES OF THE PARTIES
第十六条： 双方职责
161 Either of the PARTIES shall perform its responsibilities under this CONTRACT strictly in accordance with the provision hereof
合方应合规定条款严格履行职责
162 Either of the PARTIES should bear responsibilities for compensation if it violates this CONTRACT infringes upon the interests of the other PARTY and causes damages to the other PARTY
合方违反合损害合方利益合方造成损害该方承担违约责
ARTICLE 17 TERMINATION OF THE CONTRACT
第十七条：合终止
171 Either of the PARTIES shall be entitled to terminate this CONTRACT for reasons expressly provided by the relevant laws and regulations of the People’s Republic of China Such termination of this CONTRACT shall comply with the proceedings provided by the relevant laws and regulations
合方均权中华民国相关法律法规终止履行合合终止须遵关法律法规操作进行
172 Furthermore the COMPANY may terminate the CONTRACT for any one of the following reasons
外列情况公司时解合：
a The EMPLOYEE has a conflict between personal interest and the interest of the COMPANY in dealing with supplier customers and individuals of other organisations doing or seeking to do business with the COMPANY
该员工公司供货商客户机构员开展业务收集业务信息期间发生公司利益突
b The EMPLOYEE has asked for or received any advantage or benefits either in monetary or non monetary term of any kind form persons or organisations having business activities directly or indirectly with the COMPANY
该员工公司直接间接业务机构索取收受货币非货币形式财物处
c The EMPLOYEE fails to perform hisher responsibilities under Articles 14 and Article 15 of this CONTRACT
该员工违反合第14条第15条规定
d The EMPLOYEE left from hisher work for more than five (5) working days without prior consent from the Chief Executive Officer except in the case of force majeure which prevent the EMPLOYEE from informing the Chief Executive Officer
该员工事先未首席执行官准许擅离岗超五工作日抗力导致该员工法通知首席执行官外
173 The EMPLOYEE may also hand over a written notice of hisher resignation for personal reasons 30 days ahead If the EMPLOYEE does not provide the COMPANY with one month’s notice heshe should pay to the COMPANY one calendar month of salary and allowance mentioned in Article 4 as the compensation
原该员工提前三十天书面形式提出辞职该员工没提前三十天公司递交辞呈该员工公司支付合第4条规定月月工资补助作补偿金
174 The COMPANY shall pay to the EMPLOYEE any compensation pursuant to relevant laws and regulations of the People’s Republic of China in case of termination of this CONTRACT unless otherwise provided by the laws or resulting from the occurrence of the termination events agreed by PARTIES hereof or resignation of the EMPLOYEE for personal reasons The maximum amount of compensation by the COMPANY will not exceed one calendar month of salary and allowance mentioned in Article 4
合解公司遵中华民国关法律法规该员工支付补偿金该补偿金总数超合第4条规定月月工资补助总额
合双方法行约定解合者该员工出原提出辞职外
175 In case of termination of this CONTRACT due to fault of the EMPLOYEE or resignation of the EMPLOYEE for personal reasons
该员工失该员工出原解合：
a COMPANY need not pay to the EMPLOYEE the yearly bonus provided in Article 5 hereto and
公司须该员工支付合第5条规定年终奖金
b The EMPLOYEE shall refund to the COMPANY all the expenses and costs for the training provided to the EMPLOYEE according to Article 7 hereto
该员工应合第7条规定退公司提供培训投入费
ARTICLE 18 AMENDMENT OF THE CONTRACT
第十八章：合修订
181 This CONTRACT may be revised upon agreement of both PARTIES Any amendment to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES
合合双方意作修订合修订容须合双方签署书面协议方生效
ARTICLE 19 APPLICABLE LAW
第十九条：适法律
191 The formation validity and performance of this CONTRACT and disputes thereon shall be governed by the laws of the People＇s Republic of China
合格式效期履行合争议应遵中华民国法律法规执行
ARTICLE 20 SETTLEMENT OF DISPUTES
第二十条：争议处理解决
201 Any disputes arising from the performance of or in connection with this CONTRACT shall be settled through friendly consultations between the PARTIES
履行合合相关事宜引发争议应合双方友协商解决
202 In case no settlement can be reached through consultations the PARTIES can apply for mediation to the labour dispute conciliation committee established by the COMPANY if any
法协商解决合双方根需公司组建劳动争议理委员会申请调解
203 If mediation can not be reached the PARTIES may apply to arbitration to the relevant labour dispute arbitration committee
法实现调解合双方相关劳动争议仲裁委员会申请仲裁
If a PARTY disagrees with the arbitrage award rendered by such committee this PARTY may file a suit in the Baohe District People’s Court within fifteen (15) days of being notified the said arbitrage award
合方述劳动争议仲裁委员会予仲裁结果持异议该合方接仲裁结果十五日合肥市包河区民法院提起诉讼
ARTICLE 21 MISCELLANEOUS
第二十条：事宜
211 This CONTRACT shall be written in Chinese and English versions In a case of discrepancy of interpretation between the Chinese and English versions the Chinese version shall prevail
合中英文两种语言书写出现中英文翻译差异中文准
212 This CONTRACT is signed in three originals
合式三份
Signed and or chopped by the following PARTIES on **th ** 20**
合双方 年 月 日签署合盖章：
*************
20**年**月**日
******限公司
****** Co Ltd
20**年**月**日
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