Repair shop labor contract

Party B shall carry out pre-maintenance diagnostic inspection on the repaired vehicle, propose the categories and items to be repaired, and fill in the "Vehicle Pre-maintenance Diagnostic Inspection Sheet". Party A confirmed in the "vehicle repair before the diagnostic test form" on the signature.

Article III repair parts and materials

1. Party B to provide maintenance parts and materials, should be truthfully filled out the list of materials, respectively, labeled original parts, accessories or repair parts, marked price, and quality assurance.

2. Party B in the maintenance of replacement parts, assemblies, etc., to Party A to deal with.

Article 4 Repair Price

1. Party A agrees that Party B will calculate the price in accordance with the published unit price of ______ yuan/hour, and the rate of difference between purchase and sale of materials _____%.

2 maintenance budget cost: ______ yuan, capitalized: __________________. Among them: labor hours ______ yuan, capitals: __________________; materials ______ yuan, capitals: __________________.

3. Maintenance costs higher or lower than the cost of maintenance budget _____% of the cost of maintenance, the two sides to negotiate a solution, otherwise in accordance with the actual maintenance costs incurred settlement.

Article V. Handover of Vehicles

When Party B receives the vehicle to be repaired, Party A shall remove the movable items in the vehicle by itself. Vehicle accessories, equipment, etc. fill in the "vehicle repair before the diagnostic inspection form", Party B in the completion of the vehicle before delivery of the vehicle and the repair of the vehicle is responsible for the custody of the responsibility.

Article 6 Quality Standards

1. Quality standards are implemented as follows: National standards □ Industry standards □ Local standards □ Requirements of maintenance manuals and other relevant information of the manufacturing enterprises □.

2. The quality guarantee period is executed according to the following item ______.

(1) In accordance with the Ministry of Transportation, "Motor Vehicle Maintenance Management Regulations", Article 37 of the provisions of the implementation: the quality assurance period of the whole vehicle or assembly repairs for the vehicle to drive XX kilometers or 100 days; the quality assurance period of the second level of maintenance for the vehicle to drive 5,000 kilometers or 30 days; the first level of maintenance, minor repairs, and special repairs of the quality assurance period for the vehicle to drive XX kilometers or 10 days.

(2) In accordance with Party B's commitment (not less than the Ministry of Transportation and Communications regulations) "vehicle driving ______ kilometers or ______ days" implementation.

3. Quality assurance period, from the completion of maintenance, acceptance by Party A to take the car. Calculated from the date of completion of the repair, acceptance of the vehicle by the Party from the date of recalculation; due to the quality of the repair of the repair of the return to the operation of the project, from the completion of the repair, acceptance of the vehicle by the Party recalculated from the date of pick-up. The mileage and date indicators, whichever is reached first.

Article VII Completion and Acceptance

1. The date of completion and delivery is ______ before ______, and the place of delivery is

2. If the quality of the completion of the repair is inspected and qualified, Party B shall issue a unified national motor vehicle maintenance completion certificate to the vehicle of the second level of maintenance (including) or more. Style of motor vehicle maintenance completion of the factory certificate; for the second level of maintenance of the following vehicles, Party B shall be issued by the maintenance of proof of conformity (including settlement lists). Party B did not issue or issued, Party A has the right to refuse to pay.

Article VIII Settlement

1. After the completion of vehicle maintenance, Party B shall issue to Party A the statutory settlement bill, with Guilin Transportation Management Office supervised by the Guilin Motor Vehicle Maintenance Settlement List, the cost of labor and materials should be itemized. If Party B fails to issue the statutory settlement bill and settlement list, Party A has the right to refuse payment.

2. Payment method: cash □ transfer □ other ____________□.

3. Payment term: __________________.

Article IX Liability for breach of contract

1. Party B shall be liable to compensate for the damage and loss of the repaired vehicle and its accessories and equipments, etc., which are caused by poor storage.

2. In the quality assurance period, due to the quality of maintenance caused by the vehicle can not be used normally, Party B is responsible for free repair, and compensation for the corresponding loss of Party A.

3.

3. Party B in the repair process, found that there is a need to increase the number of maintenance projects, increase the agreed maintenance costs or extend the repair period, should promptly notify Party A, explain the reasons and obtain consent, otherwise Party A does not bear the Party B unauthorized increase in the cost of maintenance projects or late payment of maintenance costs of the breach of contract; Party A received notice of ______ days after the reply should be given. Party A needs to change or terminate the contract in the middle of the day, it should notify Party B in time, and if it causes losses to Party B, it should compensate for the corresponding losses.

Article 10 Other Agreements

Article 11 Dispute Settlement

Disputes arising from this contract shall be resolved through consultation between the two parties, or by requesting Changsha Automobile Repair Industry Association and other organizations to mediate; or in accordance with the following ______ way to resolve.

1. Submit to Changsha Arbitration Commission for arbitration;

2. File a lawsuit to the People's Court according to law.

Article 12 Supplementary Provisions

1. Matters not covered by this contract shall be handled in accordance with national laws, regulations and rules.

2. This contract and the annexes in duplicate, A and B each sign a copy, effective from the date of signature or seal.

Party A (official seal): _________ Party B (official seal): _________

Legal representative (signature): _________ Legal representative (signature): _________

_________ year ____ month ____ day _________ year ____ month ____ Day

Party A: _________

Party B: _________

The A and B sides negotiated the following agreement:

Article I, the work position:

Party A, according to the needs of the work, recruited Party B to my automobile repair shop maintenance work.

Article II, the contract time limit

Contract term: the term of this contract is _________ years, from _________ year ____ month ____ day to _________ year ____ month ____ day.

Article 3, working hours:

Every morning at eight o'clock officially work.

Article 4, wages and salaries

(a) Party B's wages in accordance with Party A's wage system.

(b) Party B (copper, lacquer, mechanic) in addition to the cost of materials, according to the withdrawal of 50% of the repair costs.

(c) Party B pays Party A monthly food expenses (_________)

Article V, the work regulations

(a) the production of the field, due to unauthorized operation of the tools, equipment, accessories damage, the remaining accidents Party B bear the responsibility.

(b) the field has nothing to do with the work, private out of all accidents occurring Party B bear the responsibility.

(C) Party B in the contract period can not be privately left to escape, escape from the repair shop fine of 2000 yuan, and bear the economic losses caused.

(D) in the contract period Party B can not go out privately to do any business.

(e) Party B can not use any poisonous | goods.

(6) Party B cannot embezzle or steal any property or money from the venue.

(vii) Party B must work effectively as assigned by Party A.

(viii) Party B must not use any poisonous substances.

(H) Party B must return to the workshop before 12:00 pm to rest.

(ix) Party B must not disclose the secrets of the workshop.

Article 6, Party A's responsibility

Party A can not delay Party B's salary, by the end of each month to pay Party B. If Party B has a special circumstance, Party A will not be able to pay Party B's salary. If party B has a special situation, party A must try to help solve.

Both parties should comply with the relevant laws and regulations of the state, hope that both parties *** with compliance. This agreement in duplicate, Party A and Party B each hold a copy, both sides signed after the entry into force.

Signature of Party A: _________ Signature of Party B: _________

_________ year ____ month ____ day _________ year ____ month ____ day

Employer: _________

Employee: _________<

According to the "Chinese People's *** and State Labor Law" and "xx Special Economic Zone Labor Contract Regulations" and other relevant laws and regulations, the employing parties in the spirit of equality and voluntariness, the principle of consensus, reached the following agreement:

First, the work position and work

According to the needs of the work, the employed party is employed in the automobile repair shop to engage in work.

Second, the duration of the contract

The hiring party, according to the nature of the job position of the hiring party, the use of the _________ form of contract:

(a) Fixed contract period: from _________ ____ month ____ to _________ ____ month ____ day, a period of _________ years. Of which the probationary period shall be _________ months.

(ii) The term of the unfixed contract: from _________ ____ January ____ until the appearance of the termination conditions of this contract, the parties terminate this contract.

III. Working Hours

(a) The hiring party adopts the standard working hours system stipulated by the state, i.e., the hiring party works 8 hours per day and 40 hours per week (Monday to Friday). Some management positions and business positions, due to the nature of the work is different, can be under this principle according to the work needs of flexible arrangements for working hours.

(b) the hiring party due to the operational needs of the work, after consultation with the hiring party, can extend the working hours, generally no more than one hour per day; for special reasons need to extend the working hours, in order to protect the health of the hiring party to extend the working hours of no more than three hours per day. Overtime work shall not exceed thirty-six hours per month.

(c) In the case of other circumstances provided by laws and administrative regulations to extend working hours, not subject to the provisions of the preceding paragraph.

Fourth, wages

(a) the employer according to the nature of the job position of the appointee and the system of remuneration and benefits, the use of the first Wage system:

1, fixed wage system. The fixed monthly wage rate of the appointee is RMB _________;

2. Base salary + commission wage system. The fixed monthly salary (base salary) of the appointee is RMB _________, and according to the business appraisal system, according to the amount of business completed by the appointee every month, the business appraisal salary will be issued.

3. Business commission system. The employer adopts a loose management of the appointee. The appointee enjoys a certain percentage of the business commission. The employer will take this as the monthly salary of the appointee.

(b) The employer will pay the salary on _________ every month.

(c) If the hiring party arranges for overtime work, the hiring party shall pay the salary and remuneration in accordance with the provisions of Article 44 of the Labor Law.

(d) The wages during the period of illness or non-work-related injury of the appointee shall be paid in accordance with the "Interim Provisions on Wage Management in Enterprises of the XX Special Economic Zone" and other relevant regulations and policies.

(e) The salary shall be paid when the appointee fulfills his/her national and social obligations in accordance with the state regulations during the working hours.

(vi) The salary of the appointee during the period of work stoppage shall be executed in accordance with the "Interim Provisions on Wage Management of Enterprises in the XX Special Economic Zone" and other relevant regulations and policies.

(vii) The appointee shall enjoy the right to vacation in accordance with the relevant provisions of the State, and the salary during the vacation period shall be implemented in accordance with the relevant provisions of the State, the province and the city.

V. Labor protection and working conditions

(a) The employer must provide the employee with labor safety, health conditions and necessary labor protection supplies in accordance with state regulations, and workers engaged in occupational hazards should undergo regular health checks.

(b) the employer's management of the employer's illegal command of the forced risky operations, the right to refuse to carry out; on the endangerment of life safety and health, the right to criticize, report and complain.

Sixth, social insurance and welfare treatment

(a) the employer to xx city social insurance regulations, for the appointee for old age, work injury, medical care, unemployment and other social insurance.

(b) The employee's work-related disability or death shall be handled in accordance with the "Regulations on Work-Related Injury Insurance" and other relevant regulations.

(iii) Other welfare benefits shall be implemented according to the relevant system formulated by the employer. Enjoy _________ welfare treatment.

(iv) The employer shall continuously improve the welfare treatment of the appointee when the economic conditions permit.

VII. Work Discipline

The appointee shall endeavor to:

(a) Comply with the rules and regulations formulated by the hiring party.

(b) The various documents, materials and other information that the appointee comes into contact with belong to the hiring party's business operation secrets, and the appointee is obliged to keep them confidential and not to proliferate them to the outside world.

(3) The appointee shall not hold any important position or part-time job in any organization other than the employer in his/her personal name, or engage in any business that is in conflict with the interests of the employer.

(d) To complete the tasks assigned by the employer on time.

(v) Actively obey the work transfer of the supervisor.

(vi) Take care of the employer's property.

(vii) Abide by national and local policies on family planning.

VIII. Change, cancellation, re-establishment and termination of the contract

(a) The hiring party may, according to the requirements of the work, combined with the ability of the appointee, adjust the appointee's job, in order to achieve a reasonable allocation and utilization of people and positions. After the adjustment, both parties shall change the labor contract on the matter of job transfer. Due to changes in other factors of the contract, the labor contract may be changed according to law after consultation and agreement between the two parties to the employment. After the change of the contract or contract terms by the two sides stamped or signed after the entry into force.

(b) one of the following circumstances, the employer may terminate the employment contract at any time:

1, the appointee in the probationary period is proved to be incompatible with the conditions of employment;

2, the appointee serious violation of labor discipline or rules and regulations of the employer;

3, the appointee's serious dereliction of duty, malpractice and fraud, the interests of the employer to cause significant damage;

4, the appointee without the employer's permission, in violation of Article 7, paragraphs 2 and 3 of the work discipline;

5, the appointee is being investigated for criminal liability;

6, laws and regulations of other circumstances.

(C) one of the following circumstances, the hiring party may terminate the employment contract, but should be thirty days in advance to notify the appointee in writing.

1, the employer is on the verge of bankruptcy during the statutory consolidation or production and management of serious difficulties, the employer's management decided to cut staff;

2, the employer's illness or non-occupational injury, the expiration of the medical period, can not be engaged in the original work and can not engage in the employment of the employer by the other arrangements for the appropriate work;

3, the employer is unable to work, after training or is adjusting the work position, the employee is not able to work. After training or is adjusting the workplace, still can not work;

4, this contract is based on the conclusion of the objective situation has changed significantly, resulting in the original contract can not be performed, the two sides can not reach agreement on the change of the employment contract.

(d) one of the following circumstances, the employer shall not terminate the contract of employment in accordance with the provisions of paragraph 3 of this article:

1, the employee suffers from occupational disease or work-related injuries and is confirmed to have lost or partially lost the ability to work;

2, the employee's illness or non-work-related injuries in the stipulated period of medical treatment;

3, the employee's period of pregnancy, maternity, lactation;

4, the employee is in the period of pregnancy, childbirth, and nursing;

5, the employee is in the period of pregnancy, childbirth, breastfeeding;

4, laws and regulations provide for other circumstances.

(5) In any of the following cases, the employee may terminate the employment contract at any time by notifying the employer:

1. During the probationary period;

2. If the employer fails to pay the labor remuneration or provide the labor conditions in accordance with the agreement of the employment contract;

3. If the employer forces the employee to work by means of violence, threat, or unlawful restriction of personal freedom;

4. If the employer has failed to pay labor remuneration or provide labor conditions as stipulated in laws and regulations;

5. p> 4. Other cases stipulated by laws and regulations.

(F) In any of the following cases, the employment contract will be terminated:

1. The employer declares bankruptcy according to law;

2. The employer is dissolved or revoked according to law;

3. The death of the employee.

(7) In addition to the circumstances set out in paragraph 5 of this Article, the employer shall give thirty days' written notice to the hiring party of the termination of the employment contract.

(H) re-enter the employment contract: the expiration of the contract, the two sides agreed to continue the employment relationship, within thirty days before the expiration of the contract between the two sides to re-enter the employment contract.

(ix) contract termination: the expiration of the contract or the termination conditions agreed by both parties, the contract terminates itself.

IX. Liability for breach of contract

(a) the legal responsibility of the employer

1, the employer withholds or owes the wages of the employee, as well as the refusal to pay overtime and overtime wages, in addition to full payment of wages and remuneration of the employee in the specified time, should be added to the amount equivalent to 25% of the wages and remuneration of economic compensation.

2. If the employer pays the employee a salary that is lower than the minimum wage announced by the municipal government for the current year, the employer shall make up for the part that is lower than the standard, and at the same time, the employee shall be compensated for the part that is lower than the total amount of 1% of the total amount of compensation for the employee on a daily basis.

3. If the employer violates Article 6(1) of this contract and fails to apply for social insurance for the employee, and causes economic loss to the employee, the employer shall compensate the employee according to the relevant provisions of Shenzhen social insurance.

4. In one of the following cases, the employer shall issue a lump sum of economic compensation to the employee:

1) the termination of the employment contract is proposed by the employer and agreed by both parties:

2) the termination of the employment contract by the employer in accordance with Article 8(3)(1), (2), (3), (4), and (5)(2), (3) and (4) of the employment contract.

5. If the employer terminates the employment contract in accordance with Article 8(3)(2) of this contract, the employer shall pay a one-time medical subsidy to the employee in accordance with the relevant state regulations.

6. If the employer terminates the employment contract in accordance with Article 8 (3) (2), (3) and (4) of this contract without giving thirty days' notice to the employee, the employer shall pay one month's average salary to the employee as economic compensation.

(2) The legal responsibility of the employed party

If the employer terminates the employment contract in violation of the contract and causes losses to the employer, the employer shall be compensated by the employed party for the following losses:

1) the expenses paid by the employer in recruiting and hiring the employed person;

2) the training expenses paid by the employer for the employer;

3) direct economic losses caused to the production, operation and work. direct economic losses.

(C) The two sides also agreed on the following breach of contract responsibility:

X. Dispute handling

The two sides of the employment of labor disputes should be resolved through consultation. If the consultation fails, it can apply for arbitration to the Labor Dispute Arbitration Committee. If there is no objection to the arbitration award, both parties must fulfill it; if you are not satisfied with the arbitration award, you can sue the people's court.

XI, the two sides believe that the original terms need to be changed to re-agree on matters:

XII, this contract is not exhaustive or the contract terms with the current labor laws and regulations, according to the current labor laws and regulations.

xiii, this contract shall take effect from the date of signature or seal of both parties, alteration or without written authorization on behalf of the signature is invalid.

XIV, this contract in duplicate, each party to sign a copy.

Employer: _________ (seal) Employee: _________ (signature)

_________ year ____ month ____ day _________ year ____ month ____ day