labor contract
party a: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____________
address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Sex: _ _ _ _, age: _ _ _ _, and resident ID number: _ _ _ _ _ _ _ _ _.
I. term of the labor contract
article 1 this contract is a _ _ _ _ _ _ _ _ _ _ term contract.
the effective date of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, in which the probation period is _ _ _ _ _ _ _
this contract is terminated.
II. Work Contents
Article 2 Party B agrees to take the post (type of work) of _ _ _ _ _ _ _ according to Party A's work needs.
article 3 party b shall, according to the requirements of party a, complete the specified quantity of work on time and reach the specified quality standards.
iii. labor protection and working conditions
article 4 where the fixed-time working system is implemented, party a shall arrange for party b to work for no more than 8 hours per day, with an average of no more than 4 hours per week. Party A guarantees that Party B has at least one day off every week. Due to work needs, Party A may extend the working hours after consultation with the trade union and Party B, which shall generally not exceed 1 hour per day. If it is necessary to extend the working hours for special reasons, the working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring Party B's health.
if the comprehensive working hours system is implemented, the average daily and weekly working hours shall not exceed the statutory standard working hours.
in case of irregular working hours, Party B shall arrange the work, rest and vacation by itself.
article 5 if party a extends the working hours of party b, it shall arrange for party b to take a rest at the same time or pay overtime wages according to law.
article 6 party a shall provide party b with necessary working conditions and tools, establish and improve the production process, and formulate operating rules, work specifications, labor safety and health systems and standards.
party a shall arrange for party b to have a health check-up according to the regulations of relevant national or municipal departments.
article 7 party a is responsible for educating and training party b in political ideology, professional ethics, professional technology, labor safety and health and relevant rules and regulations.
iv. remuneration for labor
article 8 party a's salary distribution shall follow the principle of distribution according to work and implement equal pay for equal work.
article 9 where the fixed-time working system or the comprehensive working hour system is implemented, if party b completes the specified work tasks, party a shall pay party b the full salary in cash on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
the salary for implementing the flexible working hours system is _ _ _ _ _ _ _ _ _.
article 1 where party a arranges party b to work overtime or extend the working hours beyond the provisions of paragraph 2 of article 4 of this contract, party a shall pay wages according to article 44 of the labor law.
article 11 if party b is laid off for work due to insufficient production tasks of party a, party a shall guarantee that party b's monthly living expenses shall not be less than _ _ _ _ _ _ _ _ _.
v. insurance benefits
article 12 both parties shall pay the pension, unemployment and serious illness medical co-ordination for employees and other social insurance fees according to the relevant provisions of national and municipal social insurance.
party a shall fill in the employee pension insurance handbook for party B .. When both parties dissolve or terminate the labor contract, the Employee Pension Insurance Manual shall be transferred according to relevant regulations.
article 13 if party b suffers from illness or non-work-related injury, his sick pay, sickness relief fund and medical treatment shall be implemented in accordance with relevant state regulations.
article 14 the salary and medical insurance benefits of party b suffering from occupational diseases or work-related injuries shall be implemented in accordance with relevant state regulations.
article 15 party a provides party b with the following welfare benefits: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
VI. labor discipline
article 16 party b shall abide by the rules and regulations stipulated by party a according to law; Strictly abide by labor safety and health, production technology, operating rules and work norms; Take care of Party A's property and abide by professional ethics; Actively participate in the training organized by Party A to improve ideological awareness and vocational skills.
article 17 if party b violates labor discipline, party a may take disciplinary action according to the rules and regulations of the unit until the contract is dissolved.
VII. Alteration, dissolution, termination and renewal of the labor contract
Article 18 If the laws, administrative regulations and rules on which this contract is concluded change, the relevant contents of this contract shall be changed.
article 19 if the objective circumstances on which this contract is concluded have changed significantly, which makes this contract impossible to perform, the relevant contents of this contract can be changed through negotiation between party a and party b.
article 2 this contract can be dissolved through negotiation between party a and party b.
Article 21 In case of any of the following circumstances, Party A may dissolve this contract:
1. During the probation period, it is proved that Party B does not meet the employment conditions;
2. Party B seriously violates labor discipline or Party A's rules and regulations;
3. Serious dereliction of duty and graft, which has caused great damage to the interests of Party A;
4. Those who have been investigated for criminal responsibility according to law.
Article 22 Under any of the following circumstances, Party A may terminate this Contract, but it shall notify Party B in writing 3 days in advance:
1. Party B is unable to take up his original job or other jobs arranged by Party A after the medical treatment expires;
2. Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
3. The two parties cannot reach an agreement on changing the contract according to Article 19 of this contract.
article 23 during the legal rectification period when party a is on the verge of bankruptcy or has serious difficulties in production and operation, this contract can be dissolved after explaining the situation to the trade union or all employees, listening to their opinions and reporting to the labor administrative department.
Article 24 If Party B has any of the following circumstances, Party A shall not terminate or dissolve this Contract in accordance with Articles 22 and 23 of this Contract:
1. Party B is sick or injured non-work-related and within the prescribed medical treatment period;
2. Female employees are during pregnancy, childbirth and lactation;
3. Demobilized conscripts and construction land-expropriated farmers have been working for less than 3 years for the first time;
4. During compulsory military service;
article 25 if party b suffers from occupational diseases or work-related injuries, and the medical treatment is terminated, and the labor appraisal committee at or above the county level confirms that he has completely or partially lost the ability to work, it shall be handled as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 26 if party b terminates the labor contract, it shall notify party a in writing 3 days in advance.
Article 27 Under any of the following circumstances, Party B may notify Party A to terminate the contract at any time:
1. During the probation period;
2. Party A forces labor by means of violence, threat, imprisonment or illegal restriction of personal freedom;
3. Party A fails to pay labor remuneration or provide working conditions in accordance with the provisions of this contract.
article 28 the labor contract shall be terminated upon the expiration of this contract. Both parties express their intention to renew the contract to the other party _ _ _ days before the expiration of this contract. Party A and Party B may renew the Labor Contract after consultation.
article 29 if an open-ended labor contract is concluded, this contract will be terminated when party b reaches the legal retirement age or the termination conditions agreed by both parties appear.
VIII. Economic Compensation and Compensation
Article 3 In any of the following circumstances, if Party A violates and terminates Party B's labor contract, it shall pay Party B economic compensation according to the following standards:
1. If Party A deducts or delays Party B's salary without reason, or refuses to pay Party B the salary for extended working hours, it shall pay Party B the salary in full within the specified time, and pay an additional economic compensation equivalent to 25% of the salary;
2. if the salary paid by party a to party b is lower than the minimum wage standard of this municipality, it shall make up for the part below the standard and pay economic compensation equivalent to 25% of the part below.
Article 31 Under any of the following circumstances, Party A shall pay economic compensation equivalent to one month of Party B's average salary in the 12 months before the termination of this contract for every full year, with a maximum of 12 months:
1. Where Party A terminates the labor contract through consultation with Party B:
2. Where Party B is incompetent and still incompetent after training or adjustment, Party A shall terminate the labor contract.
Article 32 Under any of the following circumstances, Party A shall pay the economic compensation equivalent to one month's average monthly salary of the unit for each full year according to Party B's working years in Party A:
1. Party B is sick or injured non-work-related, and it is confirmed by the Labor Appraisal Committee that he can't take up his original job or take up other jobs arranged by Party A, and this Contract is terminated;
2. the objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform this contract, and the parties can't reach an agreement on changing the labor contract through consultation, so Party A terminates the labor contract;
3. during the legal rectification period when party a is on the verge of bankruptcy or has serious difficulties in production and operation, it is necessary to lay off employees.
in the above three cases, if the average monthly salary of Party B in the 12 months before the termination of this contract is higher than the average monthly salary of this unit in the previous year, it shall be calculated and paid according to the average monthly salary of Party B..
article 33 if party a fails to give economic compensation to party b according to the regulations after the termination of this contract, it shall pay 5% of the total amount of economic compensation in addition to the full amount.
article 34 when paying economic compensation to party b, if party b has worked in party a for less than one year, the economic compensation will be paid according to the standard of one year.
Article 35 If Party B suffers from illness or non-work-related injury, and it is confirmed by the labor appraisal committee that he can't take up his original job, and
he can't take up other jobs arranged by Party A, and this Contract is terminated, Party A shall also pay Party B a medical subsidy of not less than 6 months' per capita salary of the enterprise last year. Medical compensation should also be increased for those suffering from serious illness and terminal illness. The increase in serious illness should not be less than 5% of the Medicaid fee, and the increase in terminal illness should not be less than 1% of the Medicaid fee.
article 36 if party a dissolves the labor contract in violation of the conditions agreed in this contract or an invalid labor contract is concluded due to party a's reasons, thus causing damage to party b, it shall be liable for compensation according to the degree of loss.
article 37 if party b dissolves the labor contract in violation of the conditions agreed in this contract or violates the business secrets agreed in the contract, thus causing economic losses to party a, it shall be liable for compensation according to the extent of the losses.
article 38 if party b terminates this contract, all personnel who are trained and recruited at the expense of party a shall pay party a the training and recruitment fees. Its standard is: 2% of the total training fee and recruitment fee will decrease every year of service (work); Service (work) will not be paid after 5 years.
IX. Handling of Labor Disputes
Article 39 In case of a labor dispute arising from the performance of this contract, the parties may apply to the Labor Dispute Mediation Committee of this unit for mediation; If mediation fails and one of the parties requests arbitration, it shall apply to the _ _ _ _ _ _ _ _ _ Labor Dispute Arbitration Committee for arbitration within 6 days from the date of occurrence of the labor dispute. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the ruling may bring a lawsuit to the people's court.
X. other agreements
Article 4 The following rules and regulations of Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 41 in case of matters not covered in this contract, or contrary to relevant state regulations, relevant regulations shall prevail.
article 42 this contract is made in duplicate, with each party holding one copy.
representative of party a (seal) _ _ _ _ _ _ _ _ _ _
: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _