Chengdu labor contract model 1
Party A:
Party B:
According to the "Chinese People's *** and the State Labor Contract Law" and the relevant laws and regulations, the A and B parties signed this contract by equal and voluntary, consensus, *** with the observance of the provisions listed in this contract.
I. Basic information of the two parties
Article 1 Party A (employer)
Unit name Type of registration Legal representative or proxy Address of the unit Contact person Contact phone number
Article 2 Party B (employee)
Name Gender ID card number Household address Address
Second, the term of the labor contract
Article 3 Both parties voluntarily choose the following forms to determine the duration of this contract.
1, fixed term, this contract from the date of the year to the end of the month, of which the probationary period for the first month of the term of this labor contract.
2. Unfixed term, this contract shall come into effect on January, of which the probationary period shall be the first month after the effective date of this contract.
3. The term of the contract shall be based on the completion of certain work tasks. This contract shall enter into force on January 1, 2012 and shall be terminated upon completion of the work.
Third, the work content and workplace
Article 4 Party B agrees to work according to the Party's work needs, as a position (type of work).
Article 5 According to the Party's position (type of work) operating characteristics, Party B's work area or workplace is
Article 6 Other Agreements
Fourth, working hours and rest and vacation
Article 7 According to the needs of the work, Party A arranges for the implementation of Party B's working hours system. If the standard working hour system is implemented, Party B's working hours shall not exceed 8 hours per day and 40 hours per week. Weekly rest day for Party A to arrange for Party B to implement a comprehensive calculation of working hours system or irregular working hours system, should be implemented in advance to the administrative department of labor security special working hours system for the record.
Article VIII Party B to implement the leave system has
V. Labor compensation
Article IX Party B in monetary terms before the end of each month to pay Party B's wages, monthly wages for the implementation. Party B in the probationary period of the monthly wage is yuan. Party A shall not pay Party B a wage lower than the minimum wage standard announced by the People's Government of Chengdu City. Other agreements between Party A and Party B on wages
Article 10 If Party B is not working due to insufficient production tasks, Party A shall pay Party B a living wage of RMB/month, or according to the implementation.
Article 11 If Party A arranges Party B to work overtime, it shall pay overtime in accordance with relevant state regulations.
Sixth, social insurance and other insurance and welfare benefits
Article 12 Party A and Party B participate in social insurance in accordance with the relevant provisions of the state and the province, the city. Party A will handle the social insurance procedures for Party B.
Article 13
Article 13 The medical treatment of Party B in case of illness or injury not caused by work shall be implemented in accordance with the relevant provisions of the state, province and city. Party A shall pay Party B's sick leave wages.
Article 14 The treatment of Party B suffering from occupational diseases or work-related injuries shall be implemented in accordance with the relevant provisions of the state, provinces and municipalities.
Article 15 Both Party A and Party B shall pay housing fund to the housing fund management organization in accordance with the relevant provisions, and the housing fund management organization shall supervise the implementation.
Article 16 Party A shall provide Party B with the following benefits
VII. Labor Protection, Labor Conditions and Occupational Hazard Protection
Article 17 Party A shall, according to the needs of the production position, equip Party B with the necessary safety and protection measures in accordance with the state regulations on labor safety and hygiene, and issue the necessary labor protection supplies. Engaged in occupational hazards, Party A shall regularly arrange for workers to undergo health checks.
Article 18 Party A, in accordance with relevant state laws and regulations, the establishment of a safe production system; Party B shall strictly abide by Party A's labor safety system, prohibit illegal operation, prevent accidents in the labor process, reduce occupational hazards.
Article 19 Party B of Party A management personnel against the rules of command and forced risky operations, the right to refuse to carry out; on the endangerment of life safety and health, the right to put forward criticism, denunciation and accusation.
Eight, the change of labor contracts, termination, termination and economic compensation
Article 20 A, B change, termination, termination, renewal of labor contracts and payment of economic compensation shall be in accordance with the "Chinese People's *** and the State Labor Contracts Act" and the relevant provisions of the state, provincial and municipal implementation.
Article 21 Party A shall, upon termination of this contract, issue a certificate of termination of the labor contract for Party B, and handle the transfer of files and social insurance relations for Party B within fifteen days.
Article 22 Party B shall, in accordance with the agreement between the two parties, for the handover of work. Should pay the economic compensation, pay in the end of the work handover.
IX. Other matters agreed by the parties
Article 23 By consensus, A and B agree on the following terms:
1, Party B's work involves Party A's commercial secrets and confidential matters related to intellectual property rights, Party A can negotiate with Party B beforehand to agree on the preservation of commercial secrets or non-competition matters, and sign an agreement on preservation of commercial secrets or non-competition agreement. Non-competition agreement.
2, funded by Party B for professional and technical training, and require Party B to fulfill the service period, shall obtain Party B's consent beforehand, and signed an agreement to clarify the rights and obligations of both parties.
3, Party A and Party B need to agree on other matters:
X. Labor Disputes
Article 24 A and B disputes arising from the performance of this contract shall be resolved through consultation, and if the consultation fails, the Party may apply to the Labor Dispute Mediation Committee for mediation, or directly to the local Labor Dispute Arbitration Committee within sixty days from the date of the dispute. Apply for arbitration; no objection to the arbitration award, both parties must fulfill; arbitration award is not satisfied, you can sue the people's court.
Article 25 The contract is not exhaustive, or the terms of the contract and the current labor security laws and regulations are inconsistent with the provisions of the current labor security laws and regulations and regulations; now after the state, province, city, there are new provisions, then according to the implementation of the new provisions.
Article 26 This contract in duplicate, A and B each party.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ _________ ____ ____ _________ ____ ____ Day
Chengdu labor contract model 2
(hereinafter referred to as Party A) (hereinafter referred to as Party B)
According to the "Chinese People's **** and the State Labor Law", "Chinese People's **** and the State Labor Contract Law" and the relevant provisions of the State, Party A and Party B, by consensus and on an equal footing, voluntarily enter into this contract, *** with the observance of the terms of this contract.
First, the duration of the labor contract
Article 1 The duration of this contract for the duration of the type of labor contract (fill in the? fixed/unfixed? ).
The term of this contract shall be from January, 2012 to January, 2012.
The probationary period of this contract is from January 1, 2012 to January 31, 2012.
The term of the contract is limited to the completion of a certain amount of work: from the date of the month of January to the completion of the task, and the workload is the symbol of the completion of the task. The contract will be terminated upon the expiration of the term. If both parties agree to continue after consultation, the labor contract can be renewed.
Second, the work content and workplace
Article B agreed to work according to the Party's needs, as a position (type) work. Work place: .
Article 3 Party A can according to the needs of the work and Party B's ability to work, with Party B's consent can be adjusted to Party B's job. Party B should be in accordance with the Party's job responsibilities, on time to complete the required tasks.
Third, working hours and rest, vacation
Article 4 Party A arranges Party B to implement the work system (fill in?). Standard working hours/comprehensive calculation of working hours/indeterminate time? One of the standard working hours/comprehensive calculation of working hours/unfixed hours?)
In the implementation of standard working hours, Party B shall work no more than eight hours a day and no more than forty hours a week. Party A due to work needs, after consultation with Party B can extend the working time, generally shall not exceed one hour per day, due to special reasons need to extend the working time, in order to protect the health of Party B under the conditions of the extension of the working time shall not exceed three hours per day, shall not exceed thirty-six hours per month. If the implementation of the comprehensive calculation of 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 exceeding part shall be handled as the extension of 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 hours shall not exceed eleven hours, with at least one day of rest per week. With the approval of the labor security administrative department, irregular working hours can be implemented.
Article 5 Party A arranged for Party B overtime, 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 implementation of irregular working hours system of workers, not to implement the above provisions.
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 operating procedures in line with the safety and health, to ensure the safety and health of Party B. Party B shall provide Party B with labor safety and health facilities in accordance with national standards and the necessary labor protection supplies. Party B must strictly abide by the safety operation regulations during the labor process. For workers engaged in occupational hazards, Party A shall regularly organize Party B for 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. Labor compensation
Article B implementation of the standard working hours system or comprehensive calculation of working hours system, Party B before the day of each month in the form of money to pay Party B's wages, monthly wages of ￥ yuan. Probationary period of the monthly wage of ￥ yuan.
Party B implementation of irregular working hours, Party A monthly before the day before the payment of Party B's wages according to the implementation.
Article VIII Party B in the statutory 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 Party 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, the individual contributing to the social insurance premiums should be paid by the unit 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 and the province, the city.
Article 11 Party B is sick or not due to work-related injuries, 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 Party A shall make rules and regulations and labor discipline shall be publicized, or inform Party B, Party B shall strictly abide by.
VIII. Changes to the labor contract
Article 13 By consensus between Party A and Party B, this contract can be changed.
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 contract is based on the conclusion of the objective situation has changed significantly, resulting in the contract can not be performed, by both parties agree to change the contents of this contract.
IX. Termination of the labor contract
Article 16 The contract can be terminated by the consensus of both parties.
Article 17 Party B has one of the following circumstances, Party A may 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's rules and regulations;
3, serious dereliction of duty, self-dealing, causing significant damage to the interests of Party A;
4, the laborer at the same time with other employers to establish labor relations. Other employers to establish labor relations at the same time, causing serious impact on the completion of the unit's work, or the employer proposed, and refused to correct;
5, fraud, coercion, or take advantage of the other party to make the other party in violation of the true meaning of the circumstances of the conclusion of the labor contract or change;
6, be investigated for criminal responsibility according to the law.
Article 18 In any of the following cases, Party A may terminate the labor contract after giving 30 days' written notice to Party B or paying the worker one additional month's salary:
1. Party B is ill or injured not due to work, and after the expiration of the prescribed medical treatment period, it is unable to engage in the original work or in the work separately arranged by Party A;
2. Party B is unable to perform the work, and after training or adjusting the work position, it is unable to engage in the work. Work, after training or adjust the job, still can not work;
3, the labor contract is based on the conclusion 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 by mutual agreement on the change.
Article 19 If Party A is on the verge of bankruptcy during the period of legal rectification or serious difficulties in production and operation, as well as major technological innovation, change of production, adjustment of the mode of operation, or significant changes in the objective economic situation on which the labor contract was concluded, and needs to reduce the number of employees, Party A shall, thirty days in advance, explain the situation to the trade unions or all the workers, listen to the opinions of the trade unions or the workers and report the matter to the administrative department of labor security. After reporting to the administrative department of labor security, this contract may be terminated.
Article 20 If Party B has any of the following circumstances, Party A shall not terminate or dissolve this contract in accordance with Articles 18 and 19 of this contract:
1. Workers engaged in operations exposed to the hazards of occupational diseases do not undergo pre-departure occupational health examination or suspected occupational patients are under diagnosis or medical observation;
2. Workers who suffer from occupational diseases in the unit or are injured at work are recognized as fully or partially injured by the Labor Ability Identification Committee. The Labor Capacity Appraisal Committee confirms the total or partial loss of labor capacity;
3. Sickness or non-work-related injuries within the prescribed medical period;
4. Female workers during pregnancy, childbirth, and breastfeeding;
5. Fifteen years of continuous employment in the unit and less than five years from the legal retirement age;
6. Other cases stipulated by laws and administrative regulations. Other circumstances.
Article 21 Party B may terminate this contract by giving Party A thirty days' written notice in advance, and Party B may terminate this contract by giving Party A three days' notice in advance during the probationary period.
Article 22 Party A has one of the following circumstances, Party B may at any time notify the Quartet to terminate this contract:
1, failure to pay social insurance premiums for Party B in accordance with the law;
2, Party A to force labor by means of violence, threat, or unlawful restriction of personal freedom;
3, Party A is unable to pay the labor remuneration or provide labor protection or labor conditions in accordance with the provisions of the contract;
3, Party A is unable to pay labor compensation or provide Labor protection or labor conditions;
4, confirmed by the relevant state departments, the Party's poor labor safety conditions, seriously endangering the personal safety and health of the Party.
5. The rules and regulations of the employer are in violation of laws and regulations, and harm the rights and interests of the workers;
6. By fraud, coercion, or taking advantage of the other party to make the other party enter into or change the labor contract contrary to the true meaning;