Attached to the labor contract & internship contract model
Labor contract
Party A (employer) Legal representative:______________ Party B (laborer) _________ Gender. _________ ID card number:_________ literacy:_________ home address:_________ I. Term of the labor contract Article 1 The term of this contract for the duration of the type of labor contract (fill in the "fixed or unfixed" in one of the) the contract The term of this contract is from ____, ________ to ____, ________. The contract shall be terminated upon the expiration of the term. If both parties agree to continue after consultation, can be renewed labor contract. Second, the work content and workplace Article B agreed to work according to the Party's needs, as the position (type) work. Workplace: Article 3 Party A can be based on the work needs and Party B's ability to work, with the consent of Party B can be adjusted to Party B's job. Party B should be in accordance with the requirements of Party A's job duties, complete the required tasks on time. Third, working hours and rest, vacation Article 4 Party A arranges Party B to implement standard working hours. The implementation of standard working hours, Party B shall work no more than eight hours a day, no more than 40 hours a week. Party A due to work needs, after consultation with Party B can extend the working hours, generally shall not exceed one hour per day, for special reasons need to extend the working hours, under the condition of protecting Party B's health, the extension of the working hours shall not exceed three hours per day, shall not exceed thirty-six hours per month. If the implementation of the comprehensive working hours system is approved by the administrative department of labor security, the actual working hours within the comprehensive calculation cycle (except for legal holidays) shall not exceed the legal standard working hours within the calculation cycle, and the part that exceeds the standard working hours shall be dealt with as an extension of the working hours. For employees engaged in work of the third level or higher (including the third level) of physical labor intensity, the daily continuous working time shall not exceed eleven hours, with a weekly rest of at least ____ days. With the approval of the administrative department of labor security, irregular working hours can be implemented. Article 5 Party A arranged for Party B overtime work, overtime compensation according to: extended working hours, pay no less than 150% of wages; overtime work on rest days and can not be arranged to make up for the rest of the work, pay no less than 200% of wages; statutory vacations overtime work, pay no less than 300% of wages. The above provisions are not applicable to workers who work under the irregular working hours system. Fourth, labor protection, labor conditions and protection against occupational hazards Article 6 Party A shall, in accordance with the relevant provisions of the State, provide Party B with labor safety and health facilities in accordance with national standards and the necessary labor protection supplies, establish and improve safety and health in line with the operating procedures to protect the safety and health of Party B. In the course of labor, Party B shall not be required to pay more than 200% of the wages, and not less than 300% of the wages for overtime work on statutory holidays. Party B in the labor process, must strictly abide by the safety regulations. For workers engaged in occupational hazards, Party A shall regularly organize Party B to conduct health checks. Party A shall provide labor protection for underage workers and female workers during pregnancy, childbirth and breastfeeding in accordance with relevant state regulations. V. Remuneration for labor Article 7 If Party B implements the standard working hours system or the comprehensive working hours system, Party A shall pay Party B's salary in monetary form before ____ every month, and the monthly salary shall be ____ yuan. The monthly salary during the probationary period is ____ yuan. Article 8 Party B in the legal working hours to provide normal labor, Party A to pay Party B's wages are not less than the minimum wage standard set by the local government. Sixth, social insurance and welfare benefits Article IX Party A and B should be in accordance with the relevant provisions of the state and the local social insurance agencies to pay social insurance costs in full and on time, contributing to the social insurance premiums payable by individuals from their units from their own wages withheld on behalf of the payment. Article 10 Party B suffers from occupational disease or injury at work wages and medical insurance treatment in accordance with the relevant provisions of the state ____ provinces and municipalities. Article 11 Party B is sick or non-work-related injury, its sick pay and medical treatment in accordance with national, provincial and municipal regulations or Party A in accordance with national laws, regulations and policies formulated by the rules and regulations. VII, labor discipline and rules and regulations Article 12 of the regulations and labor discipline formulated by Party A in accordance with the law shall be publicized, or inform Party B, Party B shall strictly abide by. VIII. Changes to the labor contract Article 13 The Party and the consensus of the two sides can change this contract. Article 14 This contract is based on the conclusion of the laws, administrative regulations, rules and regulations change, this contract shall change the relevant content. Article 15 The conclusion of this contract on the basis of the objective situation has changed significantly, resulting in the contract can not be performed, by both parties agreed to change the contents of this contract. IX, the termination of the labor contract Article XVI by the consensus of both parties, the contract can be terminated. Article 17 Party B has one of the following circumstances, Party A can terminate this contract; 1, during the trial period is proved to be incompatible with the conditions of employment; 2, serious violation of labor discipline or Party A rules and regulations; 3, serious dereliction of duty, malpractice, causing significant damage to the interests of Party A; 4, the worker at the same time with the establishment of labor relations with other units of labor, the completion of the unit's work has caused serious harm to the work of the unit. Completion of the unit's work has a serious impact, or by the employer, refuses to correct; 5, fraud, coercion or take advantage of people's danger, so that the other party in violation of the true meaning of the circumstances of the conclusion of the labor contract or to change; 6, is being investigated for criminal responsibility. Article 18 In any of the following cases, Party A may terminate the employment contract after giving Party B a written notice in advance ____ or paying the worker one additional month's salary: 1. Party B is ill or injured at work, and after the expiration of the prescribed medical treatment period, he cannot engage in the original work or in the work otherwise arranged by Party A; 2. Party B is unable to perform the work and after training or adjusting the work position, still can not perform the work; 3. Party B is unable to perform the work, after training or adjusting the work position, still can not perform the work. Or adjust the work position, is still unable to work; 3, the conclusion of the labor contract on the basis of the objective situation has changed significantly, resulting in the contract can not be fulfilled, the two sides can not reach agreement on the content of the contract after consultation. Article 19 Party A is on the verge of bankruptcy during the legal rectification or serious difficulties in production and operation, as well as major technological innovation, change of production, adjustments in the mode of operation, the conclusion of the labor contract on the basis of the objective economic situation has undergone significant changes in the need to reduce the number of people, should be in advance of ____ to the trade unions or all the workers, to listen to the trade unions or the views of the workers and report to the administrative department of labor security, it can be reduced to the trade union or all the workers. Report to the administrative department of labor security, may terminate this contract. Article 20 Party B has one of the following circumstances, Party A shall not be based on this contract Article 18, Article 19 termination, termination of this contract: 1, engaged in exposure to occupational disease hazards of the work of the laborers did not carry out pre-employment occupational health examination, or suspected occupational patients in the diagnosis or during medical observation; 2, the unit suffered from occupational disease or work-related injury, confirmed by the Labor Capacity Determination Committee completely or partially. The Labor Ability Appraisal Committee confirms the total or partial loss of labor ability; 3. Sickness or non-work-related injuries within the prescribed medical treatment period; 4. Female workers during pregnancy, maternity and breastfeeding; 5. Continuous work in the unit for ________ years, and less than ________ years from the legal retirement age; 6. Laws, administrative regulations and other circumstances. Provisions of other circumstances. Article 21 Party B in advance ____ days in writing to notify Party A can terminate this contract, Party B in the probationary period in advance ____ days notice to Party A, can terminate this contract. Article 22 Party A has one of the following circumstances, Party B may at any time notify the four parties to terminate this contract: 1, not pay social insurance premiums for Party B in accordance with the law; 2, Party A forced labor by violence, threat, or unlawful restriction of personal freedom; 3, Party A can not pay the labor remuneration in accordance with the provisions of the contract, or provide labor protection or labor conditions; 4, by the relevant state authorities, Party A can not provide labor protection or labor conditions; 4, confirmed by the relevant state departments, the Party's poor labor safety conditions, a serious danger to your personal safety and health. 5, the employer's rules and regulations in violation of laws and regulations, to the detriment of the rights and interests of workers; 6, fraud, coercion, or take advantage of the other party in violation of the true meaning of the labor contract or change; 10, the termination of the labor contract Article 23 of one of the following circumstances, the termination of the labor contract: (a) the expiration of the labor contract; (i) the expiration of the term of the labor contract; (ii) the termination of the labor contract; (iii) the termination of the labor contract; (iv) the termination of the labor contract. The expiration of the labor contract; (2) Party B began to enjoy the basic pension insurance benefits in accordance with the law; (3) Party B's death, or by the People's Court declared dead or declared missing; (4) Party A was declared bankrupt by the People's Court; (5) Party A has been revoked business licenses, ordered to close down, revoked, or decided to dissolve the Party ahead of time; (6) Laws and administrative regulations provide for other circumstances. Ten I. Liability for breach of contract Article 24 Party A has taken measures to protect the confidentiality of trade secrets, Party B shall have the obligation of confidentiality; non-competition provisions agreed, Party A shall terminate or terminate the labor contract, in the period of non-competition restrictions on the payment of a certain amount of monthly compensation to Party B; labor contract shall be terminated according to law or termination of the confidentiality of Party B shall return Party A's confidential information. Ten Second, labor disputes Article 25 Labor disputes arising from the performance of this contract, the parties may apply to the unit of the Labor Dispute Mediation Committee for mediation; mediation fails, one of the parties may apply to the Labor Dispute Arbitration Committee for arbitration. One of the parties can also apply directly to the Labor Dispute Arbitration Committee for arbitration within the statutory period. If the arbitration award is not satisfied, you can file a lawsuit with the People's Court. X Third, the bylaws Article 26 The two parties may sign a supplementary contract or special agreement on any matters not covered by this contract. If there is no special agreement, it shall be implemented in accordance with the relevant state regulations. The terms of this contract is inconsistent with the relevant provisions of the state, provinces and municipalities, in accordance with the relevant provisions. Article 27 This contract in duplicate, signed by both parties (seal) in force, both sides of a copy. This contract ***8 pages, altered or signed without legal authorization is invalid. Party A: _________ (official seal) Party B: _________ Legal Representative: _________ Date of signing: ________ ____ ____ Date of signing: ________ ____ ____Internship contract
Recommended School:_______________(hereinafter referred to as Party A) Address:_______________ Internship Unit:_______________(hereinafter referred to as Party B) Address:_______________ Contact Person and Phone Number. _______________ In order to further strengthen the cooperation and exchange between schools and enterprises, so that party A students in theory and practice, improve the structure of knowledge, A and B through friendly consultation, has signed the following internship agreement for *** with the observance of: First, in order to improve the professional skills of students, party A will recommend part of the students in party B (see Annex I for details of the list) to the party B. Internship. Party A guarantees that it has a state-issued qualified school qualifications, and the aforementioned list of students are registered in Party A in the academic education of students. 2. The working hours and treatment of the interns during the internship period shall be according to the standards stipulated in the internship contract, and Party B has the right to adjust the internship position, internship time and treatment according to the actual needs. The terms of employment, salary, work, commuting, overtime, allowance, employee, separation, etc. mentioned in this Agreement and the internship letter are only for the convenience of the narrative and the unified management of Party B, and shall not be construed as the establishment or existence of any labor or employment relationship between the intern and Party B. The intern shall be entitled to work in the same manner as the intern. Third, Party B shall provide interns with a safe and hygienic working environment in accordance with national regulations, ensure that their personal safety is not jeopardized by the environmental conditions of work, and shall provide them with the necessary labor protection equipment according to the actual situation of Party B's internship positions in accordance with national regulations. Fourth, during the internship in Party B, the interns should consciously abide by the system stipulated in the internship letter and other relevant management system of Party B, and obey the management and work arrangements of Party B. The interns should be responsible for the management and work arrangements of Party B, and should not be subjected to any disciplinary actions. Party B has the right to deal with interns who violate rules and regulations, including warning, notification and criticism, recovery of damages, or return to Party A according to the severity of the situation. Party B due to the objective economic situation or product market demand significant changes, really need to unilaterally reduce the internship, can be in a week's written notice to Party A to return all or part of the internship students. V. Interns during the internship should strictly abide by the provisions of the internship time, shall not be late, leave early or AWOL from the internship position, such as the need for leave should be submitted to a written application for approval before the leave, the period of leave will not be issued internship subsidies. And, interns in the internship should be operated under the guidance of the relevant personnel of Party B, do not allow unauthorized, blind operation of various types of equipment, such as interns due to unauthorized operation or disobedience to the command caused by personal safety accidents or Party B's economic losses, by the intern is responsible for and compensate for the corresponding economic losses. 6, interns in the internship period and the end of the internship should be strictly conservative party B's commercial secrets (including business information and technical secrets), shall not leak party B's commercial secrets to any third party, or should be compensated for all the losses caused by party B. Any intellectual property rights or other intellectual achievements related to the content of the internship created by the intern during the internship shall belong to Party B, and Party B may give rewards at its discretion. Before the end of the internship (including the expiration of the internship period or early return), the intern shall hand over the work information, tools and any media in a timely manner, and shall not take away any work-related documents and information without the permission of the Party. 7. Party B shall purchase employer's liability insurance for the interns in accordance with relevant national laws. If any accident occurs during the internship due to work, Party B shall apply for compensation in accordance with the relevant provisions of the employer's liability insurance (or personal accident insurance), and Party B shall not be responsible for compensation for the part that exceeds the compensation limit of the employer's liability insurance (or personal accident insurance); if Party B fails to take out an employer's liability insurance (or personal accident insurance) for the intern, Party B shall bear a certain amount of compensation in accordance with the General Principles of Civil Law. If Party B does not take out employer's liability insurance (or personal accident insurance) for the intern, Party B shall bear the compensation responsibility according to the general rules of civil law.The student shall be responsible for any illness or accidental injury that occurs during the internship for reasons other than work.
VIII, the intern shall not leave without authorization, if there is a legitimate reason to leave, you need to submit a written application 10 working days in advance, approved by Party A and Party B before leaving, the student leaves Party B will no longer bear any legal responsibility; such as without the consent of Party B to leave without authorization or AWOL internship, as the internship is regarded as the initiative to terminate the relationship between the internship, Party B does not bear any legal responsibility and the right to withhold the payment of the intern's unused salary. Party B does not bear any legal responsibility for the internship and has the right to withhold the internship allowance that has not yet been issued to the intern. ix. During the period of internship, Party A shall regularly understand the intern's opinions, work performance and difficulties encountered in life and work, assist Party B in dealing with any contradictions in the process of internship, do a good job of the student's ideological work, be responsible for communicating with the student's parents to ensure that the student feel at ease with the internship, and give timely feedback to the Party B. x. Party B shall not have any legal responsibility for the intern and has the right to withhold the intern's unpaid internship allowances. X. Party A shall strictly fulfill this agreement, and shall not charge any fees to the intern for any reason. If Party A violates any guarantee or obligation agreed in this agreement, it shall bear and compensate for all the losses suffered by Party B as a result. 11, after the internship period, Party B will be the internship performance of the intern to be a comprehensive assessment. If Party A's intern is willing to continue to serve Party B and in Party B with