Employment contracts are divided according to different ways of employing people, and labor contracts can be divided into employment contracts, employment contracts and secondment contracts. If you can't write an employment contract, please refer to the employment contract template. For more employment contract templates, please click "Employment Contract".
employment contract template 1
Employer: _ _ _ _ _ _ _ (hereinafter referred to as Party A) Applicant: _ _ _ _ _ _ _ _ (hereinafter referred to as Party B) Party A employs Party B as the general manager of Party A through the resolution of the board of directors. In order to strengthen management and improve performance, Party A and Party B, through full consultation, sign this contract for both parties to abide by.
I. Employment Contents Party A employs Party B as the general manager of Party A's company.
2. The employment period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
iii. guarantee method: risk of mortgage. Party B shall, before _ _ _ _ _ _ _ _ _ of each year, pay to Party A the annual employment risk deposit of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
iv. rights and obligations
(I) party a shall exercise the following functions and powers by the board of directors
1. the company's business policy and investment plan;
2. Formulate the company's annual financial budget and final accounts;
3. To formulate the profit distribution plan and loss recovery plan of the company;
4. Decide on the setting of the company's internal management organization, and decide on the company's 39; Basic management system;
5. Supervise Party B's work
(2) Party B:
1. Take full responsibility for Party A's production and operation management, exercise all production and operation management authority, and accept the supervision of Party A's board of directors. Ensure Party A's safe production, long-term management, and value preservation and appreciation.
2. Abide by laws, regulations and financial accounting system, draw up the internal management organization setting plan of the company, and draw up the basic management system of the company;
3. The legal representative, name and business scope of Party A shall not be changed. If it is really necessary to change, it shall be approved by the board of directors;
4. No right to dispose of Party A's property, including but not limited to transfer, transfer, mortgage, pledge, lease, gift, etc.
5. During the employment and operation, if the loan is borrowed in the name of Party A, it must be approved by the board of directors of Party A;
6. Party B shall not provide any form of guarantee in the name of Party A;
7. Party A's financial statements shall be truthfully submitted to the board of directors of Party A before _ _ _ every month;
8. To appoint or dismiss management personnel other than those who should be appointed or dismissed by the board of directors;
9. Articles of Association and other powers granted by the board of directors.
v. expense indicator: Party B can personally pay RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is exceeded, it will be deducted from Party B's personal monthly income. The specific expenditure items of management and other expenses are: _ _ _ _ _ _ _ _ _ _ _
VI. During the employment period of wages and benefits, the annual basic remuneration is RMB _ _ _ _ _ _ _ _ (including social insurance and welfare, etc.), with average monthly advance and year-end settlement. Party B shall perform its obligations according to this contract, and at the same time, it may also receive remuneration at _ _ _ _ _% of the company's annual sales, and settle the accounts at the end of the year.
VII. Termination of the Contract If Party B violates the contract and fails to correct it within _ _ _ days after being pointed out by Party A, or if Party A's board of directors decides not to employ Party B because Party B is incompetent, Party A has the right to unilaterally terminate the contract without taking any responsibility.
VIII. After the expiration or early termination of the contract, Party A has the right to make a capital verification of Party A's assets during the operation and management of Party B, which shall be verified by a certified public accountant in China; Both parties shall go through the handover procedures as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _
IX. Neither party liable for breach of contract may unilaterally terminate this contract. If one party terminates the contract by the deadline, it shall pay the other party a penalty of RMB _ _ _ _ _ _ _ _. If Party B fails to fully perform this contract and the contract is dissolved by Party A, Party B shall pay liquidated damages of _ _ _ _ _ _ _ yuan to Party A.. If Party B violates this contract and causes losses to Party A, it shall also compensate Party A for all the losses.
X. Other matters _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
XI. The Contract comes into effect and the text: This contract is signed by Party A and Party B. Party A, Party b holds _ _ _ _ _
party a: _ _ _ _ _ _ _ _ _
party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tel:
ID number:
Home address:
Emergency contact:
Tel:
According to the Labor Law of the People's Republic of China, Party A and Party B voluntarily sign this contract through equal consultation, and both parties shall abide by the terms listed in this contract.
I. term of the contract
party a employs party b to work in the post of _ _ _ _ _ _ _ _ _ _ in party a (department). The term of the contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The probation period is from _ _ _ _ _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _.
ii. Work contents of Party B
(1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
iii. Rights and obligations of Party A
(1) Responsible for the daily personnel management of Party B..
(2) be responsible for paying Party B's salary, which is _ _ _ _ yuan per month and paid on _ _ _ _ days per month.
iv. rights and obligations of party b
(1) accept the management of party a, earnestly perform the post responsibilities according to the contract requirements, obey the post arrangement or adjustment, abide by the law, and successfully complete the work tasks.
(2) enjoy the salary stipulated in the contract.
(iii) voluntarily abide by the relevant regulations of party a when signing this contract.
V. Alteration, dissolution and termination of the employment contract
(1) If Party B has any of the following circumstances, Party A may terminate the contract with a written notice 3 days in advance:
1. Poor performance of the contract, failure to complete the work tasks and unqualified examination.
2. Party A needs to reduce the number of employees due to the merger or downsizing, and no agreement can be reached on the adjustment of posts through negotiation between both parties.
3. after the expiration of medical treatment for illness or non-work-related injury as stipulated by the state, Party B is unable to engage in the original job after the appraisal by the relevant authorities, or has not recovered after the expiration of medical treatment.
4. the objective circumstances of concluding a contract have changed significantly, and the parties cannot reach an agreement on changing the contract through consultation.
(II) Party A may terminate the contract at any time under any of the following circumstances:
1. Party B seriously violates labor discipline or the rules and regulations of the employing unit, which damages the economic rights and interests of the unit, resulting in serious consequences and serious violation of professional ethics, which has a very bad impact on the unit.
2. continuous absenteeism for more than fifteen days or cumulative absenteeism for more than thirty days in one year.
3. making troubles without reason, fighting, threatening the leadership of the unit and seriously affecting the work order and social order.
4. corruption, theft, gambling and graft are serious.
5. In violation of work regulations or operating procedures, a liability accident occurs, causing serious economic losses.
6. Forge transcripts, academic qualifications and health certificates and cheat Party A by other improper means.
7. Those who are dismissed, reeducation through labor, sentenced or investigated for criminal responsibility according to law.
8. Other violations of the regulations of the state, the school and Party A..
(3) Party A shall not terminate the contract with Party B under any of the following circumstances:
1. Being sick or injured at work and within the medical treatment period stipulated by the state.
2. Party B suffers from work-related injuries and is totally or mostly incapacitated by the labor appraisal department.
3. Female employees who practice family planning are in pregnancy, childbirth and lactation period.
4. meeting other conditions stipulated by the state.
for the above-mentioned personnel, appropriate posts can be adjusted according to the needs of business development, and the treatment depends on the post.
(4) during the contract period, if Party B wants to terminate the contract in breach of contract, it shall submit a written application to Party A 3 days in advance. The time to terminate the contract shall be calculated from the date of Party A's consent.
(5) In any of the following circumstances, Party B may notify Party A to terminate the contract at any time:
1. Party A fails to pay labor remuneration according to regulations.
2. Party A forces Party B to work by illegal means such as violence or imprisonment.
(6) This contract will be terminated automatically under any of the following circumstances:
1. The term of the contract expires.
2. Party B dies during the contract period.
3. Party B is enlisted in the army according to the national regulations.
4. Other circumstances stipulated by laws and regulations.
VI. Liability for breach of contract and dispute settlement
Once the contract is signed, it has legal effect. If the contract is terminated unilaterally before the expiration of the contract period and does not meet the conditions for termination of the contract, it shall be liable for breach of contract. Any dispute arising from the termination of the Contract shall be settled by both parties through negotiation. If the negotiation fails, it may appeal to the relevant arbitration institution.
VII. Social Insurance
(1) Both Party A and Party B are required to participate in social insurance and pay social insurance premiums according to law, and Party A can withhold and remit the individual social insurance premiums from Party B's salary.
(II) When Party A and Party B dissolve or terminate the labor contract, Party A shall handle relevant procedures such as employee files and social insurance transfer for Party B in accordance with relevant regulations, issue a certificate of dissolution or termination of the labor contract, and Party B shall handle the handover procedures in time.
VIII. Others
This contract shall come into effect after being signed by both parties. This contract is in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (official seal):
Legal representative (signature):
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :
according to the notice of the State Council general office forwarding the opinions of the Ministry of personnel on the employment of personnel in institutions on a trial basis (Guo ban fa [2] No.35) and the trial measures for the management of personnel employment in institutions in Sichuan province, Party A and Party B conclude this employment contract on the basis of equality, voluntariness and consensus.
1. Term of the contract
1. Term of the contract: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. one month before the expiration of the employment contract, the employment contract can be renewed with the consent of both parties through consultation.
3. after the expiration of this contract, if either party thinks that it will not renew the employment contract, it shall notify the other party in writing one month before the expiration of this contract.
II. Work post
1. Party A employs Party B to work in the post according to the work needs and the work ability of Party B..
2. Party A may adjust Party B's post and re-sign the post employment contract according to the work needs and Party B's business, work ability and performance.
iii. post discipline
(1) party a has the right to establish and improve various assessment systems according to the post responsibilities, with clear powers and responsibilities, strict assessment and clear rewards and punishments.
(2) Party B shall strictly abide by national and local laws and regulations, abide by Party A's rules and regulations and post discipline, and obey Party A's leadership and management.
(3) if party b violates the rules and regulations and post discipline, party a has the right to criticize and educate and deal with it accordingly in accordance with relevant regulations.
iv. post working conditions
(1) party a guarantees the material and technical conditions required for party b to perform his duties, and provides necessary working conditions and effective labor safety and health protection measures. Party A shall inform Party B of the post working conditions provided by Party B in writing.
(II) Party A strictly implements the relevant national regulations on working hours and holidays of employees, and implements a working day system suitable for Party B's occupation.
(3) Party A shall provide Party B with training in professional ethics, professional technology, business knowledge, safety production and rules and regulations according to the needs of work.
v. Wages, benefits and social insurance benefits
(1) Party A shall pay Party B's wages and benefits in full and on time in monetary form according to the national policies and relevant regulations of the unit, the post Party B is engaged in, and Party B's work performance, work achievements and contribution. Party A shall pay Party B a monthly salary of RMB _ _ _ _ _ _.
(2) Party B's salary adjustment, bonuses, allowances, subsidies and salary payment under special circumstances shall be implemented in accordance with national policies and relevant regulations of the unit.
(3) Party B enjoys various welfare benefits stipulated by the state and the unit. For the rights and interests not covered in this contract, Party B's work-related or non-work-related injuries, disabilities, diseases and deaths during the contract period shall be implemented in accordance with national policies and relevant regulations of the unit.
(4) For the units participating in social insurance, Party A shall pay unemployment insurance, medical insurance, old-age insurance, housing accumulation fund and other social insurance for Party B on schedule in accordance with relevant national and local regulations. The part that Party B should pay personally can be withheld from Party B's salary by Party A, and the relevant formalities shall be handled uniformly, and Party B shall be informed in writing in time.
VI. Modification of the employment contract
(1) Party A and Party B can modify the relevant contents of this contract through consultation.
(2) if the laws, regulations, rules and policies on which this contract was concluded have changed, the relevant contents of this contract shall be changed according to law.
(3) if it is really necessary to change this contract, it shall be decided by both parties.