In today’s society, we all have direct or indirect connections with agreements. Agreements have legal effect and establish a certain legal relationship. Many people must be worried about how to write a good agreement. The following is a joint venture agreement that I compiled for reference only. You are welcome to read it. Joint Venture Agreement 1
Party A (employer): _______________
Address: ____________________________
Legal representative (principal person in charge): _______________ p>
Party B (laborer):_________________________
Gender: ____________________________
Age: ____________________________
ID number: _______________________________
Current address: _______________________________
Due to production (work) needs, Party A recruits _________ (hereinafter referred to as Party B) as Party A’s employees. In accordance with the relevant provisions of the "Law of the People's Republic of China on Sino-Foreign Joint Ventures", the "Labor Law of the People's Republic of China" and the "Regulations on Labor and Personnel Management of Sino-Foreign Joint Ventures", after consultation between Party A and Party B, hereby Sign this labor agreement to agree to abide by it.
Article 1 Requirements for Production and Work Tasks
Party A will assign Party B to _________ types of work (positions) based on production (work) needs. In the future, Party A can arrange for Party B to be assigned to _________ types of work (positions) based on production and operation needs. Party B’s business capabilities and performance, adjust Party B’s production (work) position, and sign a change agreement in a timely manner.
Article 2 Agreement Period
The agreement is valid for _________years, from _________month______ to _________year________month_ _____ days (the probation period is _______ months, from _____month______day of _______year to _____month______day of _______year). After the trial period expires, qualified personnel will be assigned to fixed positions, and unqualified Party A has the right to adjust Party B's production (work) positions or dismiss them.
Article 3 Salary
Party A determines Party B’s standard monthly salary to be _________ yuan based on Party B’s current position or job position, and various allowances are enjoyed in accordance with relevant regulations. In the future, Party B’s salary income will be gradually increased based on the production and operation conditions and Party B’s performance. Party B’s original salary grade and monthly standard salary will be retained as file wages.
Article 4 Labor insurance, labor protection and welfare benefits
1. Party A pays and handles Party B's pension insurance fund procedures in accordance with regulations, pays Party B various allowances such as health fees, transportation fees, book and newspaper fees stipulated by the local government, and enjoys statutory holidays, public holidays, wedding and funeral leave, and family visits stipulated by the state. Leave and female employees’ pregnancy, childbirth, lactation, etc.
2. Party A must implement national laws and regulations on labor protection and special protection for female workers, and adopt labor protection measures to protect production safety and the health of Party B. Party A shall issue Party B labor protection supplies and health food according to the needs of enterprise production and work.
3. Party A implements the current national working hour system. Party A shall strictly control the extension of Party B's working hours. If overtime work is really necessary, Party A shall pay Party B overtime wages. Overtime work shall not exceed 36 hours per month.
4. If an employee is sick or injured due to non-work-related injuries, he or she will be given a medical period of ________ months. If the patient is still not cured at the expiration of the medical treatment period, another medical treatment period within _________ years may be provided through negotiation between both parties. The medical expenses and sick leave wages during the medical treatment period shall be borne by Party A. If the medical treatment period expires and is unable to engage in the original job, Party A will arrange for Party B to engage in work within its capabilities based on needs.
5. If an employee is injured, disabled or suffers from an occupational disease due to work, the medical expenses and wages during the medical treatment period shall be borne by Party A according to the standards of state-owned enterprises until the medical treatment is completed. After recovery from injury, Party A will arrange work within its capabilities.
6. If an employee dies on the job, according to the regulations of state-owned enterprises, Party A is responsible for paying death and funeral subsidies, pensions for the employee's immediate family members, and living hardship subsidies.
Article 5 Labor Discipline and Rewards and Punishment Measures
1. Party A is responsible for formulating process flow, operating procedures and relevant production standards or work specifications based on production conditions, and Party B guarantees strict implementation.
2. If Party B makes special contributions to Party A's production (work), Party B shall be given spiritual and material rewards. If Party B violates labor discipline or makes other mistakes, Party A shall, on the premise of adhering to ideological education, give corresponding sanctions or handling. Party A shall notify the trade union _______ days before making the decision to dismiss or expel, and report it to the competent department and labor department for record.
Article 6 Conditions for Party A and Party B to terminate the agreement
1. Party A can terminate the labor agreement if one of the following circumstances is met:
(1) Party B is found not to meet the employment conditions during the probation period;
(2) Party B is sick or The person is not injured due to work and cannot engage in the original job or other jobs after the prescribed medical period expires;
(3) Party B seriously violates labor discipline;
(4) The enterprise is declared to be dissolved , bankrupt or on the verge of bankruptcy and is in the statutory reorganization period.
2. If Party B is sent to reeducation through labor and sentenced, the labor agreement will be automatically terminated.
3. Party A shall not terminate the labor agreement or dismiss Party B under any of the following circumstances:
(1) Party B is within the prescribed medical period due to illness or non-work-related injury;
(2) Party B is injured at work or suffers from an occupational disease, and during the period of treatment and recuperation and at the end of the medical treatment, Party B is confirmed to have lost part or all of the ability to work by the Labor Appraisal Committee;
(3) Female employees who implement family planning during pregnancy and childbirth During the period of pregnancy and lactation;
(4) The term of the agreement has not expired and the conditions for the termination of this agreement are not met.
4. Under any of the following circumstances, Party B may propose to Party A to terminate the labor agreement:
(1) As confirmed by relevant national departments, Party A’s labor safety and sanitary conditions are poor and seriously endanger Party B’s health;
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(2) Party A fails to pay labor remuneration as stipulated in the agreement;
(3) Party A fails to perform the agreement or violates relevant national laws and regulations, infringing upon Party B's legitimate rights and interests;
(4) Party B has legitimate reasons for requesting resignation and Party A agrees.
Article 7 Economic compensation after Party A and Party B suspend or terminate the agreement
1. Except for the personnel in items (1), (3) and 2 of paragraph 1 of Article 6 of this Agreement, Party A shall notify Party B 30 days in advance to terminate the agreement with Party B.
2. For employees who have terminated their labor agreements and who are dismissed in accordance with the provisions of Items (2) and (4) of Paragraph 1 of Article 6 and those who resign in accordance with Items (1), (2) and (3) of Paragraph 4 of Article 6 , Party A shall pay Party B a living allowance equivalent to one month's take-home salary for every year based on Party B's working years in Party A's enterprise.
3. For those who are dismissed in accordance with Article 6, Paragraph 1, Item (2) of this Agreement, in addition to Party B’s living allowance, Party A must also pay Party B a medical allowance equivalent to 3 to 6 months’ take-home salary.
4. For those who are dismissed in accordance with the provisions of Article 6, Paragraph 1, Item (4) of this Agreement, Party A, in addition to living allowance, must also pay Party B a dismissal compensation equivalent to 3 to 6 months of take-home salary.
5. If Party B has legitimate reasons to propose resignation to Party A in accordance with the provisions of Article 6, Paragraph 4 (4) of this Agreement, Party A shall generally agree to it, but it shall be submitted to Party A 30 days before. Can handle the procedures to terminate the agreement. If Party A funds the training, Party B shall compensate Party A for a certain amount of training fees.
Article 8 Responsibilities for breach of labor agreement If either party violates the labor (employment) agreement and causes losses to the other party, compensation shall be made according to the consequences and the extent of the liability.
Among them, if the responsibility belongs to Party A, it shall continue to perform the agreement and at the same time be responsible for compensating Party B for its economic losses during the interruption of the agreement; if the responsibility belongs to Party B, it shall compensate for recruitment (recruitment) and technical training expenses.
Article 9 Dispute Resolution After a labor dispute occurs, the parties may apply to the unit’s Labor Dispute Mediation Committee for mediation. If mediation fails and one party requests arbitration, the party may apply to the Labor Dispute Arbitration Committee for arbitration. You can also apply directly to the Labor Dispute Arbitration Committee for arbitration. If you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court.
Article 10 Other Matters____________________________________________.
Party A (signature and seal): ____________________
_______year________month________day
Party B (signature and seal): ____________________
_________year________month_________day
Appraisal (notarization) opinion: ______________
Appraisal (notarization) authority (seal) ____________
Person in charge: __________________
Joint Venture Agreement 2 on _________month________day of ____________
Number: ____________
This agreement is signed on ____month ____year.
The first party to sign the contract: Company xxx, which is a Chinese company registered in China (hereinafter referred to as "Party A");
The second party to sign the contract: Company xxx, which is An American company registered in the United States (hereinafter referred to as "Party B")
This is to certify that
Whereas Party A produces and sells ×× products in China;
Whereas Party B produces and sells ×× products (hereinafter referred to as "licensed products"), and owns the U.S. patent (hereinafter referred to as "patent") and registered trademark number A jointly owned company (hereinafter referred to as the "Joint Venture") established under the laws of the Republic of China to engage in the production, sale and development of licensed products is beneficial to both parties;
To this end, In view of the premises and agreements stated in this agreement, we hereby enter into the following covenants:
Article 1 Definitions
In this agreement, unless otherwise expressly provided in the context, the following phrases have the following meanings:
1. "Joint venture" refers to the company established in accordance with this Agreement.
2. "Licensed product" refers to ____________________.
3. "Patent" refers to ______________________.
4. "Trademark" refers to ______________________.
5.
Article 2 Establishment of a Joint Venture
1. Party A and Party B shall establish a joint venture in accordance with the laws of the People's Republic of China.
2. The joint venture is called _______, and its address is: _______________.
3. All activities of the joint venture must comply with the laws, decrees and relevant regulations of the People's Republic of China.
4. The organizational form of the joint venture is a limited liability company. Party A and Party B shall be responsible for the debts of the joint venture based on the amount of their respective capital contributions. All parties share profits and risks and losses in proportion to their capital contributions in the registered capital.
5. The establishment costs of the joint venture shall be shared equally by Party A and Party B.
Article 3 Purpose, Scope and Standards of Production and Operation
1. The purpose of the joint venture contract between Party A and Party B is: in line with the desire to strengthen economic cooperation and expand technical exchanges, adopt Advanced and applicable technology and scientific management methods can improve product quality, develop new products, and have competitiveness in the international market in terms of quality, price, etc., improve economic benefits, and enable all investors to obtain satisfactory economic benefits.
2. The joint venture produces __________ (licensed products). The production capacity is ____________ per year. The joint venture will strive to improve licensed products and improve management to adapt to international competition.
3. The joint venture will develop new products of the licensed products as much as possible to meet the development needs of domestic and foreign markets.
Article 4 Capital Structure
1. The registered capital of the joint venture is __________, of which Party A and Party B each contribute 50%.
2. Party A’s investment:
(1) Factory building: ______________________;
Production equipment: _________________________;
( 3) Cash: __________ ________________; Joint Venture Agreement 3
Name of Party A (employer):
Address:
Legal representative (main person in charge):
Name of Party B (worker):
Gender:
Age :
ID number:
Current address:
Due to production (work) needs, Party A recruits (hereinafter referred to as Party B) as employees of Party A. In accordance with the relevant provisions of the "Law of the People's Republic of China on Sino-Foreign Joint Ventures", the "Labor Law of the People's Republic of China" and the "Regulations on Labor and Personnel Management of Sino-Foreign Joint Ventures", after consultation between Party A and Party B, hereby Sign this labor contract to agree to abide by it.
Article 1 Requirements for Production and Work Tasks
Party A will arrange for Party B to take up different types of work (positions) based on production (work) needs. In the future, Party A can arrange Party B to take on different types of work (positions) based on production and operation needs and Party B’s business. Ability and performance, adjust Party B's production (work) position, and promptly identify changes to the contract.
Article 2 Contract Period
The contract period is years, from year month day to year month day (the probation period is months, from year month day to year month day). After the trial period expires, qualified personnel will be assigned to fixed positions, and unqualified Party A has the right to adjust Party B's production (work) positions or dismiss them.
Article 3 Salary
Party A determines Party B’s standard monthly salary in yuan based on Party B’s current position or job position, and various allowances are enjoyed in accordance with relevant regulations. In the future, Party B’s salary income will be gradually increased based on the production and operation conditions and Party B’s performance. Party B’s original salary grade and monthly standard salary will be retained as file wages.
Article 4 Labor Insurance, Labor Protection and Welfare Treatment
1. Party A shall pay and handle the procedures for Party B’s pension insurance fund in accordance with regulations, and pay Party B the health fees and expenses stipulated by the local government. Various allowances such as transportation expenses, book fees, etc., and enjoy statutory holidays, public holidays, wedding and funeral leave, family leave, and female employees' pregnancy, childbirth, and lactation periods stipulated by the state.
2. Party A must implement national laws and regulations on labor protection, special protection for female workers, etc., and adopt labor protection measures to protect production safety and the health of Party B. Party A shall issue Party B labor protection supplies and health food according to the needs of enterprise production and work.
3. Party A shall implement the current national working hour system. Party A shall strictly control the extension of Party B's working hours. If overtime work is really necessary, Party A shall pay Party B overtime wages. Overtime work shall not exceed 36 hours per month.
4. If an employee is sick or injured due to non-work-related injuries, he or she will be given a one-month medical treatment period. If the patient is still not cured at the expiration of the medical treatment period, another medical treatment period within one year may be provided through negotiation between both parties. The medical expenses and sick leave wages during the medical treatment period shall be borne by Party A.
If the medical treatment period expires and is unable to engage in the original job, Party A will arrange for Party B to engage in work within its capabilities according to needs.
5. If an employee is injured, disabled or suffers from an occupational disease due to work, the medical expenses and wages during the medical period shall be borne by Party A according to the standards of state-owned enterprises until the medical treatment is terminated. Party A will arrange it after the injury is recovered. Work to the best of your ability.
6. If an employee dies on the job, according to the regulations of state-owned enterprises, Party A is responsible for paying death and funeral subsidies, pensions for the employee’s immediate family members, and living hardship subsidies.
Article 5 Labor Discipline and Rewards and Punishment Measures
1. Party A is responsible for formulating process flow, operating procedures and relevant production standards or work specifications based on production conditions, and Party B guarantees strict implementation.
2. If Party B makes special contributions to Party A’s production (work), Party B shall be given spiritual and material rewards. If Party B violates labor discipline or makes other mistakes, Party A shall, on the premise of adhering to ideological education, give corresponding sanctions or handling. Party A shall notify the trade union one day before making the decision to dismiss or expel. And report it to the competent department and labor department for filing.
Article 6 Conditions for Termination of the Contract by Party A and Party B
1. Party A may terminate the labor contract under any of the following circumstances:
(1) Party B shall During the probation period, it is found that the employee does not meet the employment conditions;
(2) Party B is ill or injured not due to work and cannot engage in the original job or other jobs after the prescribed medical period expires;
(3) Party B has seriously violated labor discipline;
(4) The enterprise has been declared disbanded, bankrupt or is on the verge of bankruptcy and is in the statutory rectification period.
2. If Party B is sent to reeducation through labor and sentenced, the labor contract will be automatically terminated.
3. Party A shall not terminate the labor contract or fire Party B under any of the following circumstances:
(1) Party B is within the prescribed medical period due to illness or non-work-related injury; < /p>
(2) Party B is injured at work or suffers from an occupational disease, and is partially or completely incapable of working as confirmed by the Labor Appraisal Committee during treatment, recuperation and at the end of medical treatment;
(3) Implementation Female employees who plan to have children are during pregnancy, childbirth and lactation;
(4) The contract period has not expired and the conditions for termination of this contract are not met.
4. Party B may propose to Party A to terminate the labor contract under any of the following circumstances:
(1) As confirmed by relevant national departments, Party A’s labor safety and sanitary conditions are poor, Seriously endanger Party B's health.
(2) Party A fails to pay labor remuneration in accordance with the contract;
(3) Party A fails to perform the contract or violates relevant national laws and regulations, infringing upon Party B's legitimate rights and interests; < /p>
(4) Party B has legitimate reasons for requesting resignation and Party A agrees.
Article 7 Economic compensation for Party A and Party B after suspension or termination of the contract
1. Except for items 1 (1), (3) and 2 of Article 6 of this contract In addition to personnel, Party A shall notify Party B 30 days in advance to terminate the contract with Party B.
2. For employees whose labor contracts are terminated and dismissed in accordance with Article 6, Item 1 (2) and (4), and in accordance with Article 6, Item 4 (1), (2), ( If Party A resigns as stipulated in Item 3), Party A shall pay Party B a living allowance equivalent to one month's take-home salary for every year based on Party B's working years in Party A's enterprise.
3. For those who are dismissed in accordance with Article 6, Item 1 (2) of this contract, Party A, in addition to Party B’s living allowance, must also pay Party B’s equivalent of 3 to 6 months’ actual employment. Wage Medicaid payments.
4. For those who are dismissed in accordance with Article 6, Item 1 (4) of this contract, Party A, in addition to living allowance, must also pay Party B an amount equivalent to 3 to 6 months of take-home pay. termination compensation.
5. If Party B has legitimate reasons to propose resignation to Party A in accordance with Article 6, Item 4 (4) of this contract, Party A shall generally agree, but shall submit the resignation to Party A 30 days before The contract can be terminated after approval by Party A. If Party A funds the training, Party B shall compensate Party A for a certain amount of training fees.
Article 8 Liability for breach of labor contract
If either party violates the labor (employment) contract and causes losses to the other party, compensation shall be made according to the consequences and the extent of the liability.
Among them, if the responsibility belongs to Party A, it shall continue to perform the contract and at the same time be responsible for compensating Party B for its economic losses during the interruption of the contract; if the responsibility belongs to Party B, it shall compensate Party B for recruitment (recruitment) and technical training expenses.
Article 9 Dispute Resolution
After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their unit for mediation. If mediation fails and one of the parties requests arbitration, they may apply to the Labor Dispute Mediation Committee. The arbitration committee applies for arbitration, and either party can also apply directly to the labor dispute arbitration committee for arbitration. If you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court.
Other Matters in Article 10
Party A: (Signature and Seal)
Party B: (Signature and Seal)
Date of Contract Signing< /p>
Year, Month, Day