Temporary labor contract refers to the labor contract concluded by the employer with the workers engaged in temporary work outside the establishment of staff.
Part I Beauty Salon Temporary Labor Contract Model
Party A: ____________ Party B: _______________
According to the "People's Republic of China*** and the State of China's Labor Law" (hereinafter referred to as the "Labor Law"), Article 16, paragraph 1, the labor contract is the labor contract between a worker and an employer. The labor contract is an agreement between the worker and the employer to establish the labor relationship and clarify the rights and obligations of both parties.
____________ company in accordance with the Chinese people's **** and the State Council of the State Council labor laws and regulations and ________ city of private enterprise labor management implementation measures, combined with the specific needs of the company's operations to formulate this labor contract.
The two sides in accordance with the principle of equal voluntariness and consensus, sign this contract to establish labor relations, clarify the rights and obligations of both parties, and *** with the observance of the performance.
____________ Company (hereinafter referred to as Party A) agrees to employ ____________ Mr./Miss/Ms./Ms. (hereinafter referred to as Party B) as a contractual worker of ____________ Company, position ____________, responsible for the work of ____________, ID card no: ___________________.
I. The contract is valid for ___ years, from ______ ___ months ___ to ______ ___ months ___, the labor contract expires, in the conditions of mutual consent, the contract can be renewed.
II. Duty requirements:
(1) Party B must accept Party A's surveillance and command, according to the requirements of his position and the company's system, and strive to do a good job.
(2) According to the needs of the work, Party B's job can be switched.
(3) Party B must strictly abide by the rules and regulations of the Company in accordance with all the contents and provisions of the Company's Employee Handbook.
(4) Party B works six days a week, the daily working hours are arranged by Party A. When the work requires Party B to work overtime, Party A needs to compensate for the corresponding vacation.
Third, labor compensation:
(1) fixed salary ____ yuan / month
(2) performance pay ____ yuan / month
(3) subsidies *** ____ yuan / month
(4) commission bonuses: completion of the approved monthly sales task part of the award ____ yuan. Exceed the monthly sales task part, commission ____ yuan.
(5) Completion of the annual sales task (monthly sales task X 12), before the Lunar New Year, can be awarded a year-end bonus.
(6) Income tax or personal income adjustment tax is borne by Party B.
(7) According to the company's business situation and the employee's proficiency in business, work performance, at the appropriate time to consider adjusting the position and salary.
(8) Party A pays monetary wages on the 5th of each month as scheduled. In case of holidays or rest days, the wages shall be paid in advance on the nearest working day.
(9) Employment, transfer, dismissal of staff under the jurisdiction of the Company shall be notified in writing and agreed by the Company.
(10) From the signing, if it is less than one year can be implemented on a pro rata basis.
Fourth, welfare and labor insurance:
(1) Employees with one year of service can be given paid annual leave in accordance with the following provisions:
A. For those who have worked for more than one year and less than three years: 5 days per year
B. For those who have worked for more than three years and less than five years: 10 days per year
C. For those who have worked for more than five years and less than ten years: 14 days per year
D. For those who have worked for more than five years and less than ten years: 14 days per year
C. For those who have worked for more than ten years: 14 days per year. p>
D. For those who have completed more than ten years of service, one additional day for each year of service, but the total number of days shall not exceed 30 days.
(2) Party B is entitled to statutory public holidays. If Party B is unable to take a vacation on a statutory holiday due to business needs, it can be arranged by Party A to make up the vacation within sixty days before or after the statutory holiday.
(3) Party B due to illness, the implementation of planned parenthood, childbirth and marriage, funeral, etc., in accordance with the specific measures developed by the Company.
(4) Party B's leave of absence, must have a valid reason and a written application and approval by the relevant part of the supervisor to be effective, Party A will not be paid during the leave of absence.
(5) Disability and death on duty, according to the company's purchase of the relevant insurance regulations and the Company's specific measures.
(6) Social labor insurance regulations, in accordance with the relevant provisions.
(7) Party B to solve their own working meals on duty.
V. Renewal, change, termination, termination of labor contract:
(1) The contract will be terminated upon expiration. If agreed by both parties, the contract can be renewed.
(2) such as Party A due to changes in business conditions, adjust the business tasks, or Party B for personal reasons require changes in the terms of the contract, the contract agreed by the two sides, you can change the relevant content of the labor contract, and signed by both parties (seal) such as Party A to enter into a labor contract based on the objective circumstances of the material changes, resulting in the original contract can not be fulfilled by the parties concerned can not be changed through the two-party consultation. If there is a significant change in the objective circumstances under which the labor contract was concluded, resulting in the original contract can not be performed, the parties can not reach an agreement on the change of the labor contract after consultation between the two parties, Party A may terminate the labor contract.
(3) In one of the following cases, Party A may terminate the labor contract without compensation and cancel the year-end bonus.
1, Party B seriously violates labor discipline and the rules and regulations formulated by Party A in accordance with the law.
2, Party B serious dereliction of duty, malpractice, disclosure of trade secrets, causing damage to the interests of Party A.
3, Party B's serious violation of the labor contract, and also cancel the year-end bonus.
3, Party B's behavior in accordance with the laws and regulations are held criminally responsible.
4, Party B is unable to perform the work, and failed to complete the monthly sales task for 2 consecutive months.
5, not in accordance with the provisions of the company's sales methods and violation of the company's approved prices for sales activities.
6, excuse not to participate in the company's large-scale external activities, do not comply with the company's work arrangements, work differences, damage to others.
7, external sales activities deliberately damage the company's image, and privately to the customer to put forward any personal requirements outside the company contract.
9, not in accordance with the company's system of regular written form to the immediate supervisor to truthfully report the work, false.
Six, one of the following circumstances, Party A has the right to terminate the labor contract, but must be ten days in advance to notify the other party in writing:
(1) Party B's illness or non-occupational injury, the expiration of the medical period is really not able to engage in the original work, but also can not engage in the Party to arrange for another job.
(2) the conclusion of the labor contract on the basis of the objective situation has changed significantly, resulting in the labor contract can not be fulfilled, the two sides can not reach an agreement on the change of the labor contract through consultation.
(3) If Party A has unforeseen unforeseen factors, resulting in serious financial difficulties, the normal layoffs, the contract can be unilaterally terminated, once the unforeseen factors have been overcome, the financial situation improves and the need to increase the number of staff, Party A shall give priority to Party B.
(4) the labor contract agreed upon the conditions of termination.
VII, the expiration of this contract, if the two sides to renew the contract, it should be negotiated separately to determine the conditions of renewal and payment, as well as Party B's job duties and objectives.
VIII, one of the following circumstances, Party B may at any time notify Party A to terminate the labor contract:
(1) Party A does not pay labor compensation or provide labor conditions according to the provisions of the labor contract.
(2) Party A forces labor by violence, threat or illegal restriction of personal freedom.
Nine, Party B is not based on the provisions of Article (7) of this contract outside the case of termination of the labor contract, should be 15 days in advance in writing to inform Party A. Otherwise, it must be ten days pay in lieu of the labor contract. Otherwise shall be ten days pay in lieu of notice, but does not exempt Party B shall be contractually liable for compensation.
The scope of Party B's liability includes:
(1) Party A's direct payment for recruiting and hiring Party B.
(2) The education and training expenses paid by Party A for Party B.
(3) The expenses paid by Party A for Party B's education and training.
(3) The direct economic loss caused to Party A's production, operation and work.
(4) Other compensation costs agreed in the labor contract and its annexes.
Party B unilaterally terminate the labor contract, Party A can be held responsible for breach of contract.
X. Confidentiality and non-competition
(1) All technical and trade secrets provided or disclosed by Party A to Party B or obtained by Party B from Party A due to the fulfillment of this contract, including Party A's suppliers, customer relations, marketing methods and sales organization, etc., belong to the category of confidentiality, and Party B assumes the obligation of confidentiality and guarantees that it will not use them for purposes other than those in this contract.
(2) During the term of the Company or the renewal period, Party B shall not directly or indirectly participate in any business or organization that competes with Party A's business. In consideration of the payment of the end-of-contract gratuity by us, you shall not directly or indirectly compete with our business for a period of one year after the expiration of the term of this contract.
XI. After Party B resigns with Party A's approval or is dismissed by Party A, Party B shall return to Party A all the Company's belongings, documents, papers and related materials and their copies before going through the separation procedures. Party B shall take Party A's credibility and interests into account, and shall not disclose business secrets to the outside world, and engage in matters harmful to Party A's reputation and business progress. If Party B gives Party A caused economic losses or work suffered damage, Party B shall bear the responsibility of compensation and legal responsibility.
XII. The Employee Handbook formulated by Party A is a subsidiary document of this contract and is equally binding with this contract.
This contract shall take effect from the date of signing, and each signing party shall execute one copy.
Thirteen, any dispute arising from the fulfillment of this contract or related to this contract, the two parties shall firstly resolve it through friendly consultation. If consultation fails, the dispute shall be submitted to the Labor Arbitration Commission for arbitration.
Party A: ____________ Party B: _______________
______ Year ___Month___ ______ Year ___Month___
Part II Beauty Salon Temporary Labor Contract Model
< p> Party A: ________________
Party B: ________________
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