Party A (employer): ________________________
Party B (name of employee): ________________________
Party B's name: ________________________________
Gender: ____________________________________
ID number: ______________________________
Place of origin. : _________ City of _________ Province _________ (County)
Family Address: ________________________________
Educational Level: ________________________________
Type of Work ____________________________________
Party A recruits (hires) Party B as an employee of this organization due to production (work) needs. Party A and Party B agree to sign this contract on the basis of equality, voluntariness and consensus in accordance with relevant state labor laws and regulations.
I. The term of this contract is _________, that is, from _________ year _____ month _____ to _________ year ______ month ______, of which: the probationary period is ______ month. During the probationary period, if Party B is found to be incompatible with the conditions of employment, Party A may terminate the labor contract.
II. Work content: Party B accepts the following production (work) tasks arranged by Party A _____________________.
Third, Party A determines the form of Party B's labor remuneration in accordance with the relevant provisions on labor wages of the state and the province and the system of wages, bonuses and allowances of the unit, and pays Party B the labor remuneration on time. After consultation, Party B is to be paid: _________. And according to Party B to complete the production (work) tasks, as well as the unit's economic performance and price changes to adjust Party B's labor compensation, improve Party B's life and welfare treatment.
Fourth, the responsibility for breach of contract: any party to violate this labor contract, causing economic losses to the other party, according to the consequences and the size of the responsibility to be economic compensation. Party A shall compensate Party B for the unauthorized termination of this contract _________; Party B shall compensate Party A for the non-performance of this contract _________.
V. Other matters that the two parties think need to be specified
1. _________________________________________________
2. _________________________________________________
3. _________________________________________________
4. _________________________________________________
5. _________________________________________________
6. Basic Rights and Obligations of Party A and Party B
(a) Party A has the following basic rights:
1. to arrange and appropriately adjust Party B's production (work) tasks according to the unit's production (work) needs;
2. to formulate the unit's rules and regulations and Party B's behavioral norms in accordance with the laws, regulations, and policies, and supervise the implementation thereof;
3. to impose penalties for violation of the unit's regulations in accordance with the law.
4. Other rights stipulated by laws, regulations and this contract.
(2) Party B has the following basic rights:
1. to enjoy political rights in accordance with the law, to study political, cultural and business skills, and to participate in professional and technical training organized by Party A;
2. to engage in labor under the conditions of safety and health standards stipulated by the state, and if the employer has poor labor conditions and seriously violates the labor safety and health standards stipulated by the state, Party B may Refuse to perform this contract;
3. Receive remuneration for labor in accordance with the individual's ability, as well as the quantity and quality of labor;
4. Participate in the democratic management of the unit and in the party, league and trade union organizations, as well as enlisting in the military and so on;
5. Other rights stipulated in laws, regulations and this contract.
(C) Party A shall undertake ......
How to write a labor contract
Write a labor contract is different from the labor contract, do not have the protection of the labor contract law, labor contract belongs to the contract law adjustment of a contract, signing a labor contract need to pay attention to things such as the general contract.
Generally include the following provisions:
(a) the name or name and residence of the parties. The contract should not only stipulate the parties that should be stipulated in the contract, but also the name or name and residence of the parties are stipulated accurately and clearly.
(ii) the subject matter. The subject matter of the labor contract is labor. Labor refers to labor and services that do not embody their results in tangible property. Such as the carrier's transportation behavior in the contract of carriage. Agreements should be clear and precise, the conclusion of the contract should also pay attention to a variety of languages, dialects, and differences in customary titles, to avoid unnecessary trouble and disputes.
(c) Quality. Quality refers to standards, technical requirements, including performance, utility, process, etc., must be detailed, accurate and clear. The state has mandatory standard provisions, must be implemented in accordance with the prescribed standards. If there are other quality standards, the applicable standards should be agreed upon as far as possible. The parties can agree on the method of quality inspection, the period and conditions of quality responsibility, the conditions and period of objection to the quality.
(D) price or remuneration. Price should be clearly specified in the contract or specify the method of calculating the price or remuneration. Some contracts are more complex, the payment for goods, freight, insurance, storage, handling, customs clearance fees and all other possible expenses, by whom to pay should be clear.
(E) the period of performance. Refers to the contract stipulated in the parties to fulfill their obligations to perform labor, the completion of the work of the time limit. Performance period is directly related to the completion of the contractual obligations of the time, the performance period can be immediate performance, can also be timed performance; can be performed within a certain period of time, can also be performed in installments.
(F) the place and manner of fulfillment. Place of performance refers to the parties to fulfill the contractual obligations and the other party to accept the performance of the place. Place of performance is sometimes the basis for determining the occurrence of disputes to determine which court jurisdiction. Therefore, the place of performance in the contract should be clear and specific. The way of performance refers to the parties to fulfill the contractual obligations of the specific practice.
(VII) liability for breach of contract. Liability for breach of contract refers to one or both parties do not fulfill the contract or improper performance of the contract, in accordance with the provisions of the law or in accordance with the agreement of the parties shall bear the legal responsibility. Can be agreed in the contract liability for breach of contract, such as the agreement of the deposit, liquidated damages, the amount of compensation and the calculation of compensation.
(H) the method of dispute resolution. The main ways to resolve the dispute are: first, the two sides through negotiation and settlement, second, mediation by a third party, third, through arbitration, and fourth, through litigation. In accordance with the Arbitration Law, if one chooses to apply arbitration to resolve a dispute, unless the agreement of the parties is invalid, i.e., the court is excluded from jurisdiction over their dispute. However, if the arbitral award is questionable, you can apply to the court to set aside the arbitral award or apply to the court for non-execution according to law.
(IX) Other Matters
How to write a labor contract?
A labor contract is a written agreement that reflects the labor relationship between the employer and the worker.
The labor contract should generally include the following elements:
1, the subject and its basic information
2, the duration of the contract
3, the content and location of the work
4, the working conditions
5, the labor remuneration
6, social insurance
7, labor discipline
8, termination Conditions of termination, etc.
How to write a labor contract?
Do you want a labor contract or a model labor contract? The model labor contract is as follows: Party A: Legal representative or proxy: ___________________ Registered address: _________________________________ Correspondence address: _________________________________ Postal code: ____________ Party B: Name __________ Gender _________ Resident Identity Card Number ___________________ Date of Birth _________ Year ______ Month ______ Home Address _____________________________________ postal code ______________ household location _______ province (city) _______ district (county) __________ street (township) correspondence address ______________________________________ postal code ______________ telephone _____________ Given that Party B is a retiree, does not have the subject qualification of labor law relationship. According to the General Principles of the Civil Law of the People's Republic of China*** and the People's Republic of China*** and the Contract Law of the People's Republic of China and the relevant provisions, Party A and Party B, by equal consensus, voluntarily sign this labor agreement, *** with the observance of the provisions set out in this agreement. Article 1 The term of this Agreement shall be ________ years. This Agreement shall come into effect on _____ day of _____ month of _______ year and shall terminate on ____ day of ______ month of ______ year. Article 2 The content and requirements of the labor services undertaken by Party B are ________________________________________________________________________________________________. Article 3 The way Party B provides the labor service is as follows: Article 4 Party B believes that according to the current health condition of Party B, it can provide the labor service for Party A based on the content, requirement and way of the labor service agreed in Article 2 and Article 3 of this Agreement, and Party B is willing to undertake the agreed labor service. Article 5 Party B has the obligation to protect Party A's commercial secrets. Party B has the obligation to protect the commercial secrets mainly include. Article 6 Party A pays the standard, method and time of Party B's labor remuneration: _______________________________________________________________. Article 7 Party B shall pay personal income tax according to law, and Party A shall withhold on behalf of Party B according to law. Article 8 This agreement shall be terminated if one of the following circumstances occurs: i. The expiration of this agreement; ii. Consensus of both parties on the termination of this agreement; iii. Party B cannot fulfill the obligations of this agreement due to health reasons. Article 9 If Party A and Party B unilaterally terminate this agreement, they only need to notify the other party one week in advance. Article 10 after the termination of this agreement, Party B shall within one week after the termination of the transfer of work to Party A, with a written statement, such as Party A caused losses, shall be compensated. Article 11 Party A and Party B agree that Party A shall purchase an accidental injury insurance card of New China Life Insurance Company Limited _________ for Party B, which shall be used for the compensation of Party B's accidental injury in the process of providing labor for Party A. The insurance period shall be the same as the term of this Agreement. The insurance period is the same as the term of this Agreement. Article 12 Party B agrees to take care of its own medical expenses and Party A will not pay for the labor during the medical period. Article 13 In case of termination or dissolution of this agreement according to Article 9 and 10 of this agreement, both parties shall not pay liquidated damages to each other. Article 14 Any dispute arising out of or in connection with this Agreement shall be submitted to the Beijing Arbitration Commission for arbitration in accordance with the arbitration rules of the Commission. The arbitration award is final and binding on both parties. Article 15 of the first part of this contract A, B, the two sides of the communication address for the two sides to contact the only fixed communication address, if the two sides in the performance of this agreement in any dispute, or even involved in arbitration, the address for the two sides of the legal address. If one of the party's address changes, should immediately notify the other party in writing, otherwise, causing the two sides to contact obstacles, the party at fault is responsible. Article XVI of this contract in duplicate, Party A and Party B each sign a copy. Party A (official seal) Party B (signature) Date: Monthly Date: Monthly Date B family opinion (required to be filled in by the spouse or adult children of Party B) Signature: Relationship with Party B ID card number
General labor contract model
Labor contract model reference
Employer (Party A): _________
Address: _____________________
Zip code: _________________
Employee (Party B): _____________
Address: _____________________
Zip code: _________________
Identity Card No.: _______________
Party A _________ for production (work) needs, recruitment (employment) _________ (referred to as Party B) for this enterprise employees. The two sides, based on the principle of equality and voluntariness, consensus, to enter into a labor contract, to determine the labor relationship, to clarify the rights and obligations of the two sides, and *** with the observance of performance.
I. Term of the contract
(a) This contract shall take effect from _________ _________ month _________ onwards. The validity period of this contract is agreed by A and B to take the following _________ form:
1. No fixed termination period (i.e., long-term contract, but can be changed, canceled and terminated in accordance with Article 9 of this contract).
2. The contract shall be valid for a period of _________ years and shall expire on the _________ day of the _________ month of _________.
3. The term of the contract shall be terminated until the completion of the _________ work (task), which is signified by the event of completion of the _________ work (task).
(ii) The labor contract of newly recruited, transferred, or uniformly assigned personnel shall have a probationary period of _________ months from the date of its entry into force.
(3) This contract shall be deposited by A and B each. One copy shall also be submitted to the authentication organization for authentication. All have the same effect.
Second, the work task
(a) Party B production (management) types of work (positions): _________.
(b) Party B to complete the Party's normal production (work) tasks.
Third, working time
Party A implements the working time system stipulated by the state. Party A may arrange Party B to work overtime due to production and work needs, but the total number of hours per month shall not exceed thirty-six hours, and the number of consecutive hours per working day shall not exceed three hours.
Fourth, vacation
Party B in the contract period to enjoy the national provisions of the holidays, public vacations and family visits, marriage and bereavement, family planning, labor protection of female workers and other paid leave treatment.
V. Labor remuneration
(a) Party B's wage distribution forms and standards:
1. Wage standards, forms and transfer methods shall be implemented in accordance with the wage distribution system formulated by the enterprise in accordance with the law;
2. Party B's monthly wage income shall be assessed and paid out by Party A in accordance with the enterprise's wage system based on Party B's work performance, attendance and discipline;
3. Party A has the right to modify the enterprise wage distribution system according to the principle of distribution according to labor and changes in business indicators and economic benefits during the contract period.
(b) Party A pays wages on time every month.
(C) Party A arranges Party B to work overtime, and if it is impossible to arrange for compensatory time off, overtime wages shall be paid in accordance with state regulations.
(D) is not due to Party B's reasons for the suspension of work, production stoppage, Party A in accordance with national, provincial and municipal regulations to send Party B stoppage of wages or living expenses.
Sixth, insurance and welfare treatment
(a) Party B was a fixed or temporary workers for the enterprise to change (recruited) for the contract system employees, the original city in line with the provisions of the continuous service, considered as the enterprise's working years.
(2) Party A in accordance with the relevant provisions of the state, province and city, to give female workers "five" (menstruation, pregnancy, maternity leave, breastfeeding and menopause) labor insurance welfare benefits and Party B in line with the family planning of the child and to retain the original fixed workers determined by the dependent immediate family members of the labor insurance and medical treatment.
(C) Party B suffers from occupational diseases or work-related injuries during the medical insurance and welfare treatment, Party A in accordance with the relevant provisions of the city; the end of the medical treatment, confirmed by the Municipal Labor Appraisal Committee, total loss of working capacity, Party A in accordance with the provisions of the early retirement, partial loss of working capacity, in accordance with the relevant provisions of the city.
(d) Party B in the contract period of illness or non-work-related injuries, the calculation of the duration of the medical period of suspension and suspension of medical insurance benefits during the period, in accordance with the relevant provisions of the state, province and city.
(e) Party B's death on or off the job funeral subsidies, dependent immediate family pension, relief, one-time pension, living allowances, dependent immediate family death grants, etc., shall be issued by Party A in accordance with the national and municipal regulations.
(F) During the contract period, Party A and Party B need to be in accordance with the relevant provisions of the state and the province and the city ......
How to write a labor contract
Labor contract
Contractor:
Contractor:
In order to complete the contract signed between the contractor and the owner of the owner agreed to the contractor will be part of the project in the form of labor contracting contracted to the contractor for collective construction. In accordance with the relevant state laws and regulations, the two sides in the spirit of equality and mutual benefit, the principle of consensus agreement is as follows:
First, labor contracting works and content
Second, labor contracting works of the construction period
from 2010 to 2010 (or the date of approval of the owner of the project to start construction to the date of approval of the owner of the completion of the date of the end).
III. Safety Agreement
1. All the personnel of the Contractor must organize the construction in accordance with the requirements of safety norms.
2, the contractor must obey the contractor's safety management, accept the contractor's safety supervision and safety inspection, accept the contractor's safety instructions, assign full-time safety supervisors responsible for site safety supervision and inspection.
3, the contractor all construction personnel must adhere to regular safety education and safety training, special operators must be licensed to work.
4, safety accidents during the construction period, the contractor and the contractor to negotiate a solution.
5. The contractor has the right to refuse to execute the instructions of the contractor if they jeopardize the safety.
6, the contractor in accordance with the contractor's contract settlement amount deducted 10% as a security risk collateral. Occurrence of the contractor's responsibility for safety accidents, deductions and penalties security risk mortgage, and according to the impact of safety accidents and other penalties to the contractor; contractor construction safety without accidents, to be completed after the completion of the project, the contractor will return the security risk mortgage to the contractor.
7, the contractor must comply with national laws and regulations, construction problems by the contractor's representative and the contracting party to negotiate a solution, no nuisance, mobbing. Otherwise, the contractor bears all the responsibility for any problems.
Fourth, the quality of the agreement
1, the overall quality of the labor contracting project qualified, division, sub-projects qualified rate of 100%.
2, quality accidents, the contractor in addition to ordering the contractor to rework and the contractor to bear the cost of processing, and in accordance with the indirect losses caused by the contractor to the contractor to bear the responsibility for compensation.
V. Responsibilities of both parties
(a) the responsibility of the contractor
1, responsible for the contractor to carry out the labor contracting works related to technology, safety, quality of delivery, to assist and supervise the contractor to complete the construction of the contracted works.
2, to provide the contractor with the construction of machinery, turnover materials, machinery, turnover materials contracted to the contractor to use, maintenance, storage.
3, to provide the contractor construction materials, including steel, cement in accordance with the division, sub-project quota consumption once to the contractor limit use, and storage.
4. Provide the contractor with living room during construction.
5, is responsible for the contractor's contracted construction of the project for labor contract settlement, according to the owner of the time of payment of progress of the project, the proportion and the proportion of the Agreement agreed to pay the contractor on time labor contract settlement, and according to the name list of all the staff to pay for labor compensation.
6, such as the contractor can not be competent for the construction of the contracted works, or the contractor appeared to damage the interests of the contractor and the image of the behavior, the contractor may at any time to terminate this agreement.
(ii) Contractor's responsibility
1, in accordance with the requirements of this Agreement, safe, high-quality completion of the contracted works.
2, obey the unified command and management of the contractor, accept the contractor's inspection and adjustment.
3, the contracting authority to provide temporary facilities, machinery and equipment reasonable use, abnormal damage, full compensation.
4, the contractor contracted to use the turnover materials, limit the use of the main materials for use and custody, loss, damage, full compensation.
5, all the personnel construction during the occurrence of safety accidents or health problems of personnel, bear full responsibility.
6, such as the contractor does not seriously fulfill the agreement, the right to terminate this agreement. Sixth, the settlement and payment of labor contracting
1, the contracted works for labor contracting, labor costs including a variety of social insurance premiums.
2, the contractor's labor contracting works in accordance with the design drawings to determine the actual amount of contracting and settlement of the amount of work, not to bid the budget price and the owner of the amount of audited settlement.
3, the amount of change, must be signed by the contracting party's number of technicians on-site, the project manager final confirmation, can increase or decrease the amount of settlement work.
4, on the 25th of each month, the contractor to the contracting party to report the labor contracting settlement, the contracting party to confirm, according to the owner of the sub-part of the project progress and time by the month of labor contracting settlement amount of 70% of the contractor's labor contracting settlement amount, on the basis of which 10% security risk collateral deduction. ......
What is the difference between a labor contract, a labor contract and an employment agreement
In real life, there are a lot of workers are not clear about the difference between a labor contract and a labor contract, and some units take advantage of this to sign a labor contract with the workers. Once a dispute occurs, it is difficult to protect the rights and interests of workers. So the difference between labor contract and labor contract? There are mainly the following differences:
1, the labor contract is a binding contract between the employer and the worker, the contract is established, the employer and the worker has established a labor relationship, protected by labor law. Labor contract is a kind of economic contract, the contract is established, the unit and the party providing labor services to form a contract civil law relationship, subject to the contract law and the general principles of civil law;
2, the worker in the employer can not work during the establishment of another labor relationship with other units. The party providing labor services to the unit can enter into another labor contract by providing labor services to another unit (except as agreed by both parties);
3. The laborer in the labor contract is entitled to medical treatment, welfare and insurance as stipulated in the labor law. The party providing labor in a labor contract is not entitled to the above treatment
What is the difference between a labor contract, an employment agreement and a labor contract?
Labor contract is a special employment contract, the two must have both similarities and differences. The similarities between the two are: 1, the two are private law contract. The legal status of the two parties are equal, with the two parties to the opposite meaning of the consent of the establishment. Although the conclusion of the labor contract must comply with the mandatory provisions of the law, but the content of the contract is still a legal relationship in private law. 2, both to pay for the purpose of labor. The purpose of these two types of contracts is to provide labor services to the employer in accordance with the agreement of the worker (employee), but not to realize the expected benefits of the employer. 3, both are continuing contracts. As a contract for the payment of labor, the employer to pay labor can not be a one-time, must be in the contract duration of the implementation of the act of payment, so it is a contract of continuity. 4, both are double pay contract. In these two types of contracts, the employed must provide labor according to the contract, the employer must pay according to the contract, both parties are obliged, and the obligations of both parties have a price, any party from the other party to obtain the rights need to pay the price, so it is a double pay contract. Since the labor contract is a special class of employment contract, the two must have a certain difference, the difference is mainly manifested in: 1, the subject is different. This is the fundamental reason for the difference between labor contracts and employment contracts. In these two types of contracts, the party providing labor (employed, can also be called workers) are natural persons, in this regard, there is no difference between the two. Employment contract, the law has no special restrictions on the subject of the contract, natural persons, legal persons, partnerships can be the employer; Article 2 of the labor law stipulates the employer of the labor contract, i.e., the employer, including enterprises, individual economic organizations, and labor contract with the workers to establish the relationship between the state organs, public institutions and organizations, social organizations. 2, the form of different. The law does not require the form of the employment contract, according to the provisions of the Contract Law, can be either a written contract, or oral contract, is not required. According to the provisions of article 19 of the labor law, our country's labor contract should be in writing, is a contract. 3, the two are subject to different degrees of state intervention. Employment contract as a civil contract, to the basic principle of self-government, the parties to the contract in the contract conditions have greater freedom of agreement. The state often in the form of jus cogens stipulates the rights and obligations of the parties to the labor contract, intervene in the determination of the content of the labor contract, the agreement of the parties can not exceed the provisions of the law. Of course, the provisions of the labor law is mainly semi-mandatory provisions, the so-called semi-mandatory provisions, that is, the state provides the employer to provide the minimum standard of labor conditions, the employer and the workers can agree on the labor conditions of higher than the state standards, but can not be lower than the state standards, such as the minimum wage, the maximum number of hours, that is, you can make a number of more conducive to the agreement of the workers. 4, the settlement of disputes The way of dispute settlement is different. Employment contract as a civil contract, disputes, the parties can directly to the people's court, if the employment contract has an arbitration clause, should be to the arbitration committee selected by both parties to apply for arbitration. Disputes arising from the labor contract, the parties to the people's court, must first to the competent arbitration committee of labor disputes to apply for arbitration, the arbitration award can only be dissatisfied with the people's court, the parties can not be arbitration and arbitration institutions to choose. 5, the applicable law is different. Labor contract is a special class of employment contract, labor law has special provisions, shall apply the provisions of the labor law, labor law does not provide, shall apply the provisions of the civil law. However, the labor law is formulated to protect the economically weak workers, according to the normative purpose, the provisions of the labor law can not be applied to the civil law of the employment contract. (ii) Labor contract and employment contract and labor contract Through the definition, it can be seen that labor contract and employment contract and labor contract are different contracts with correlation. Difference is mainly manifested in: 1, the subject is different. The subject of the labor contract can be both natural persons, can also be the employer. The subject of the labor contract is a natural person, the other party is the employer. The subject of the employment contract is a natural person, the other party is the employer or natural person. 2, the direct provider of labor is different. Labor contract labor provider is to have a labor relationship with the labor of others to provide services, labor contracts and employment contracts in the employer to provide services to the other party with their own labor. 3, the number of parties is different. Labor contract involves three parties, employment contract and labor contract involves only two parties. (C) the term "labor contract" at different times. The term "labor contract" in real life usage is quite confusing ......
How to write a labor contract
The labor contract labor bureau has a uniformly printed standard format, according to the contents of the above can be filled out.
The labor contract should have the following terms:
(a) the name, residence and legal representative or principal person in charge of the employer;
(b) the worker's name, address and number of identity card or other valid identification documents;
(c) the term of the labor contract;
(d) the work content and place of work;
(d) the work and workplace;
(e) the work and workplace;
(f) the work and workplace;
(g) the work and workplace.
(v) working hours and rest and vacation;
(vi) labor remuneration;
(vii) social insurance;
(viii) labor protection, working conditions and protection against occupational hazards;
(ix) other matters stipulated by the laws and regulations that should be included in the labor contract.
In addition to the necessary provisions of the labor contract stipulated in the preceding paragraph, the employer and the worker may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
What is the difference between a labor contract and a labor agreement
By the way, I remembered one thing when you said that
A lot of parts of the labor agreement are planned by the employees themselves in your company!
So there's a lot of trickery going on!
You need to read every clause carefully before you fulfill it!
In case of conflict and disputes in the workplace, the Ministry of Personnel will take the agreement and tell you that it is written so clearly, when the signing of the why not look at it clearly, and now something happened to find them!
The first thing you need to do is to get your hands on a new one, and then you'll be able to get your hands on a new one!
So I still hope that the owner to be more careful!
To prevent themselves from being fooled and suffer!