Medical equipment labor contract model is what it looks like
Some of the so-called labor disputes are in fact the result of the unreasonable demands of some workers who, in the course of the labor relationship, only consider their own vested interests and do not respect some of the company's important rules. For example, there are workers who sell medical equipment on a daily basis, but do not have the sense to know the model labor contract for medical equipment before they report to work. What is the model labor contract for medical equipment? Labor Contract Letter Party A _________________________ Party B _________________________ Date of Signing _________ Year _____ Month _____ Day Cover Page Party A ________________________ Legal Representative ___________ Registered address ________________________________________ Party B _____ Sex _____ Resident ID No. ___________________ Date of birth _____ Year _____ Month _____ Date of commencement of work in Party A _____ Year _____ Month _____ Home address ___________________ _____ home address _________________________________________ zip code _________________ hukou location _____ province (city) _____ district (county) ______ street (township) According to the "People's Republic of China *** and the State Labor Law" and the relevant provisions, the Party and the Party have reached a consensus on an equal footing. A and B voluntarily sign this contract by equal consensus, and **** abide by the terms and conditions listed in this contract. I. Duration of Labor Contract Article 1 This contract is a _____________________ term labor contract. This contract shall come into effect on _____ on _____, of which the probationary period shall end on _____ on _____. This contract shall be terminated on ____________________________________. Article 2 Party B agrees to work in ____________________________________ position (job type) according to Party A's work needs. Article 3 Party B's work shall meet __________________________________________________________ standards. Third, labor protection and working conditions Article 4 Party A arranges Party B to implement ________________ working hour system. The implementation of standard working hours system, Party B daily working hours of 8 hours, 40 hours of work per week. For the implementation of the comprehensive calculation of working hours system, Party B's average daily working time shall not exceed 8 hours, and the average weekly working time shall not exceed 40 hours. The implementation of irregular working hours, in order to ensure the completion of Party A's work tasks, Party B to arrange their own work and rest time. Article 5 Party A arranges Party B to work overtime, which shall be in accordance with the provisions of laws and regulations. Party A arranges Party B to extend the working hours, shall pay not less than 150% of the wage remuneration; Party A arranges Party B to work on rest days and can not arrange for compensatory time off, shall pay not less than 200% of the wage remuneration. If Party A arranges Party B to work on statutory vacations, Party B shall pay not less than 300% of the wages. Party B's overtime pay shall be ________ yuan or _________________________________________________________ per day. Article 6 Party A shall provide Party B with necessary labor conditions and tools, establish and improve the production process, and formulate operation regulations, work scope and labor safety and health system. Article 7 Party A is responsible for Party B's education on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations. Fourth, labor compensation Article 8 Party A pays Party B's salary in monetary form before ______ every month, and the monthly salary is _____ yuan or according to _______________________________________________ _________________________________________________ execution. Party B's wages during the probationary period _____________________________ Other agreements between Party A and Party B on wages ________________________________________________________ Article 9 If Party A's production workload is insufficient to make Party B standby, Party A Party A shall pay Party B a monthly living expense of ______ yuan or according to ________________________________________ implementation. Article 10 Party A and Party B shall participate in social insurance in accordance with the provisions of the State and Beijing Municipality. Party A shall go through relevant social insurance procedures for Party B. Article 11 The medical treatment of Party B in case of illness or non-work-related injury shall be implemented in accordance with the relevant provisions of the State and Beijing Municipality. Party A shall pay Party B's sick leave wages at _________________________________________________________. Article 12 The treatment of Party B suffering from occupational disease or work-related injury shall be executed according to the state and relevant regulations. Article 13 Party A shall provide Party B with the following benefits ________________________________________________________ Labor Discipline Article 14 Party A shall formulate rules and regulations and labor discipline according to the needs of production and operation. Party B violates labor discipline and Party A's rules and regulations, Party A has the right to deal with according to the rules and regulations, until the termination of this contract. Article 15 Party B shall abide by the rules and regulations of labor discipline, labor safety and health, production process, operating procedures and work norms; take care of Party A's property, abide by professional ethics; actively participate in the training organized by Party A to improve their own quality. VII. Change and termination of labor contract Article 16 In one of the following cases, Party A and Party B shall change the labor contract and go through the procedures of changing the contract in a timely manner: (1) Party A and Party B reach a consensus; (2) the objective situation on which the contract is based has changed significantly, making it impossible to fulfill the contract; (3) the laws, rules and regulations on which the contract is based have changed. Article 17 If one of the parties requests to change this contract in accordance with Article 16 (2), the other party shall be notified in writing of the request for change, and the other party shall reply to the other party in writing within 15 days (including 15 days); if no reply is made within 15 days, it is deemed that the change of this contract is not agreed. Article 18 The contract can be canceled by the consensus of both parties. Article 19 Party B has one of the following circumstances, Party A may terminate this contract: (a) during the probationary period is proved to be incompatible with the conditions of employment; (b) serious violation of labor discipline or Party A's rules and regulations, in accordance with the provisions of Party A's unit or the agreement of this contract can be contacted with the labor contract; (c) serious dereliction of duty, self-serving and fraud, which causes significant damage to the interests of Party A; (d) by the law to investigate criminal responsibility. Article 20 Party A may terminate this contract under any of the following circumstances, but shall notify Party B in writing 30 days in advance: (1) Party B is ill or injured at work, and after the expiration of the medical treatment period, Party B is not able to engage in the original work or in the work arranged by Party A or does not conform to the regulations of the state and the city for the relevant industry or work type, and Party A is unable to arrange for another job; (2) Party B is unable to perform the work, and after training or adjusting the work position, Party B is unable to perform the work, and after training or adjusting the work position, Party B is unable to perform the work. (b) Party B is unable to perform the work, after training or adjusting the work position, still unable to perform the work; (c) the objective situation based on which this contract was concluded has changed significantly, making it impossible to fulfill this contract, and the consultation between Party A and Party B fails to reach an agreement on the change of the labor contract. Article 21 If Party A has any of the following circumstances and really needs to reduce the number of employees, it shall explain the situation to all the employees 30 days in advance, listen to the opinions of the labor union or the employees, and may terminate the contract after reporting to the department of labor and social security: (1) during the legal rectification period of near-bankruptcy; (2) due to the relocation of the prevention and control of the source of industrial pollution; and (3) when the production and operation situation is in serious difficulties. Article 22 Party B shall not terminate this contract in accordance with Articles 20 and 21 of this contract if Party B: (1) suffers from an occupational disease or is injured at work and is recognized to have reached the level of disability; (2) suffers from an illness or is injured other than due to work and is within the stipulated period of medical treatment; (3) a female employee is during pregnancy, maternity or breastfeeding; (4) has worked for Party A for more than 10 consecutive years and has less than 5 years to reach the statutory retirement age; (5) has worked for Party A for more than 10 years and has not yet reached the statutory retirement age; (6) has been working for Party B for more than 10 years, and has been working for Party A for more than 5 years. (d) Work for Party A for more than 10 consecutive years and less than 5 years before the legal retirement age; (e) Demobilized or rehabilitated veterans who have worked for less than 3 years for the first time; (f) Farmers who have worked for less than 3 years for the first time in the construction of expropriated land; (g) During the period of mandatory military service; and (h) Representatives of the employees in collective bargaining during the term of the labor contract, within 5 years from the date of the representative's assumption of the position. Article 23 If Party B terminates this contract, it shall notify Party A in writing 30 days in advance, and Party A shall go through the relevant procedures. However, Party B has caused economic losses to Party A, except that the economic losses have not been dealt with. Article 24 Party B may terminate this Contract at any time by giving notice to Party A under any of the following circumstances: (1) during the probationary period; (2) Party A forces labor by violence, threat or illegal means of restricting personal freedom; (3) Party A fails to pay labor remuneration or provide labor conditions in accordance with the agreement of this Contract; (4) Party A fails to pay social insurance premiums for Party B in accordance with the law. Article 25 After the expiration of the term of this contract, if Party A fails to carry out the termination formalities due to reasons, and Party B requests to terminate the labor relationship, the labor relationship shall be terminated immediately. Termination and Renewal of Labor Contract Article 26 This contract shall be terminated under any of the following circumstances: (1) the expiration of the contract term; (2) the appearance of the termination conditions agreed in the contract; (3) Party B reaches the legal retirement conditions; (4) Party A goes bankrupt or is dissolved according to the law; (5) other circumstances stipulated by the laws, regulations, rules and ordinances. Article 27 Party A shall notify Party B in writing of its intention to terminate or renew the labor contract 30 days before the expiration of the term of this contract. If Party A terminates the labor contract without prior notice to Party B, Party B shall be paid compensation of one day's salary for each day's delay based on Party B's average daily wage of the previous month. Article 28 This contract shall be renewed and the renewal procedure shall be carried out in time if one of the following circumstances exists: (1) Party A and Party B agree to renew the labor contract; (2) After the expiration of the term of this contract, the labor relationship still exists without termination of the labor contract, and Party B requests to renew the labor contract. In the case of (2) of this Article, if the two parties do not agree on the term of the renewed labor contract, the term of the renewed labor contract shall not be less than 12 months from the date of signature; if Party B meets the conditions for renewing an open-ended labor contract, Party A shall sign an open-ended labor contract with it. Article 29 If one of the following situations occurs, Party A shall pay economic compensation to Party B according to the following standards: (1) Party A withholds or owes wages to Party B for no reason, and refuses to pay Party B's wage for extended working hours, in addition to paying Party B's wage in full, Party B shall pay economic compensation equal to 25% of the wage; (2) if the wage paid to Party B is lower than the Beijing minimum wage standard, it shall be compensated within a certain period after making up for the difference; (3) if Party B pays wages lower than the Beijing minimum wage standard, it shall be compensated within a certain period after making up for the difference. (b) If the wages and remuneration paid to Party B are lower than the minimum wage standard of Beijing Municipality, the Party shall pay economic compensation equivalent to 25% of the lower part of the wages and remuneration in addition to the full amount of wages and remuneration. Article 30 In any of the following cases, Party A shall pay economic compensation of one month's salary for every one year of work according to the number of years Party B has worked for Party A and the average salary of the twelve months prior to the termination of the present contract by Party B. For less than one year, the amount shall be calculated on the basis of one year, with a maximum of twelve months: (1) Party A terminates the present contract by mutual agreement with Party B; (2) Party B is unable to perform the work, and after training or adjusting the work position, is still unable to perform the work; (3) Party B is unable to perform the work, and after training or adjusting the work position, is still unable to perform the work, and is still unable to perform the work. (b) Party B is not competent for the work, after training or adjusting the work position, but still not competent for the work, Party A terminates this contract; (c) The term of this contract expires, Party A has not completed the termination formalities due to the reasons of the labor relationship still exists, and Party A and Party B agree to terminate the labor relationship. Article 32 The standard of economic compensation paid by Party A to Party B shall not be lower than the minimum wage in Beijing. Article 33 If Party A fails to pay Party B the economic compensation according to the regulations after the termination of this Contract, in addition to the full amount of economic compensation, Party A shall also pay additional economic compensation at 50% of the amount of economic compensation. Article 34 If Party A terminates the labor contract in accordance with Paragraph (1) of Article 20 of this Contract, Party A shall pay medical subsidy of not less than 6 months' salary. In case of serious illness, 50% of the medical subsidy shall be added, and in case of terminal illness, 100% of the medical subsidy shall be added. Article 35 If Party A terminates the labor contract in violation of this contract or concludes an invalid labor contract due to Party A's reasons, and causes damage to Party B, Party A shall bear the responsibility of compensation according to the degree of damage. Article 36 The compensation standard for Party B, who is trained and recruited at Party A's expense, and who is terminated in violation of this Contract shall be ____________________________________ Article 37 If Party B is terminated by Party A due to the circumstances stipulated in Article 19 (2) and (3) of this Contract and causes damage to Party A, Party B shall bear the compensation responsibility. Party B shall be liable for compensation. Article 38 If Party B terminates the labor contract in violation of the agreed conditions of this contract or violates the matters of keeping commercial secrets, and causes economic loss to Party A, it shall bear the compensation responsibility according to law. Both parties agree _________________________________________________________ ________________________________________________________ X. Other contents agreed by the parties Article 39 Party A and Party B agree to add the following contents to this contract: _________________________________________________________ _________________________________________________________ _________________________________________________________ XI. Handling of Labor Disputes and Others Article 40 In case of disputes arising from the performance of this contract, the parties concerned may apply for conciliation to the Labor Dispute Conciliation Committee of Party A. If the conciliation fails, the parties concerned shall apply for arbitration to the Labor Dispute Arbitration Committee within 60 days from the date of occurrence of the labor dispute. One of the parties may also apply directly to the Labor Dispute Arbitration Committee for arbitration. Article 41 The attachments to this contract are as follows ____________________________________________________________ ___________________________________________________________ Article 42 If there are any matters not covered in this contract or if they are contrary to the relevant regulations of the State or Beijing Municipality in the future, they shall be implemented in accordance with the relevant regulations. Article 43 This contract shall be executed in two copies, one for each party. Party A (seal) Party B (signature or seal) Legal representative or proxy (signature or seal) Date of signing: Monthly Visa authority (seal) Visa officer (signature or seal) Date of signing: Monthly The model labor contract can only provide you with the provisions of the national law, no matter whether it is the sale of medical equipment or engaged in other jobs, all of the necessary terms and conditions of the labor contract are clearly stipulated by the state, and the labor contract is not subject to the provisions of the national law. The provisions of the labor contract are clearly stipulated by the state, and then other details of the provisions of each enterprise specializing in the sale of medical equipment will not be the same, the general content and the organization of the model are the same.