Is an employment agreement equal to a labor contract? No, the employment agreement is not equal to the labor contract, do you know what belongs to the employee employment labor contract? Below is my for you to organize the employment agreement is not equal to the labor contract_employee employment labor contract model, I hope you useful! The first thing you need to do is to get your hands on a new one, and you'll be able to do it in a way that's easy for you to understand. "Like an engagement agreement, it has only symbolic significance and can only protect the interests of college students before graduation. But after the graduation of college students, in principle, the school has been separated from the tripartite relationship, graduates and employers on both sides can only through the labor contract to bind each other.
At present, in the employment disputes between college graduates and labor organizations, the default of labor organizations is the main reason. The relevant departments to address such issues, generally mobilize the two sides through negotiation, the defaulting party to pay a certain amount of liquidated damages; but if the two sides did not specify the content of the breach of contract, then, the binding force is relatively weak.
Therefore, it is recommended that college students sign an employment agreement with the employer when they are in school, and it is best to specify the liability for breach of contract in order to urge both parties to fulfill their responsibilities. In particular, it is necessary to remind the university graduates to enter the contracted unit of work, can not be renewed with the previous "employment agreement", must be signed with the employer in a timely manner with the formal labor contract, so as to be included in the normal scope of labor rights, but also in order to effectively safeguard their legitimate rights and interests.
★ Employee employment labor contract model
In order to further strengthen the management of urban flexible employment services, guidance to the urban laid-off unemployed people in many forms of flexible employment; do a good job in the establishment of its social insurance and the renewal of the work, to improve the realization of the flexible employment of the relevant employment services, the A and B negotiation. The following agreement has been reached through the consultation between Party A and Party B:
I. Rights and Obligations of Party A
(A) Rights of Party A
1. During the period of the agreement, Party A has the right to request Party B to provide the relevant materials for the continuation of flexible employment and social security relationship;
2. During the period of the agreement, Party A has the right to arrange for Party B to accept the higher level's inspection of the work task on an ad hoc basis;
3. Party A has the right to implement tracking management of Party B; at any time to grasp its employment status;
4, during the agreement period, Party A has the right to require Party B to cooperate with the support of the work of the relevant parties
(B) Party A's obligations
1, Party A in the agreement period, take the initiative to give guidance to the Party B to help, and the implementation of the service;
(1) in the guidance of employment policy, provide employment policy advice;
(1) in the employment policy guidance, provide employment policy advice;
(1) in the employment policy guidance.
(2) provide flexible employment skills training;
(3) provide employment information (labor information);
(4) guidance on the succession of pension insurance and medical insurance matters.
2, timely or regular review of the relevant materials provided by Party B, and the implementation of services.
3, in accordance with the provisions of the timely declaration of the relevant subsidies to the fool machine employment department procedures.
4, the expiration of the agreement, take the initiative to provide party B whether to renew the agreement.
Second, the rights and obligations of party B
(a) the rights of party B
1, during the period of the agreement, to enjoy the national and provincial policies in the employment training, vocational guidance, job referral, labor intermediary services.
2. During the agreement period, enjoy social insurance subsidies in accordance with national policies.
3. During the period of the agreement, they can enjoy free re-employment policy guidance and re-employment policy consulting services.
4. During the period of the agreement, the company will receive guidance from Party A on the renewal of basic pension insurance and medical insurance.
5. The agreement can be renewed or terminated at the end of the agreement period.
6, according to the provisions of the agreement period may not be registered as unemployed, do not pay unemployment insurance, and do not enjoy the unemployment insurance treatment, in line with the provisions of the people should be claimed unclaimed unemployment insurance benefits and unemployed again after the unemployment insurance benefits should be claimed and renewed.
7, Party B according to their own age, culture, skills and physical conditions, in the agreement period, can flexibly choose the following flexible employment options.
A, 1 community cleaning, 2 community landscaping, community security, community employment coordinator (information);
B, 1 public **** property management, 2 public **** market management, 3, public **** traffic management
C, 1 care, 2 child care, 3 patient care;
D, 1 domestic service, 2 distribution services, 3 health services E, 1 shopping mall attendant, 2 restaurant waiter, 3 health services. Mall attendant, 2 restaurant waiter; F, self-employment within and outside the community
(B) the obligations of Party B
1, during the period of the agreement, should take the initiative to go to the community labor security workstations for flexible employment registration.
2. During the agreement period. Quarterly report on the status of flexible employment and income.
3. During the agreement period, fulfill the basic pension insurance premiums paid on time.
4. During the agreement period, fulfill the temporary tasks assigned by Party A on time.
5. During the agreement period, cooperate with and support Party A's work.
Third, the termination of the agreement
The latest flexible employment agreement model The latest flexible employment agreement model
During the period of the agreement, Party B was employed by the employer and signed a labor contract for more than one year, is considered to be the realization of the stability of the employment, the natural termination of this agreement.
Fourth, once this agreement is signed, the two sides *** with the compliance, mutual support, mutual understanding
Fifth, this agreement in duplicate, the A and B each party to sign a
Sixth, the agreement period
The first time the signing of the: from the year months to the year month
Party A: Party B:
Signature of the person in charge of the person in charge of the signing of the signature
Second Signature: from month to month
Party A: Party B:
Signature of the person in charge Signature of the person in charge
Time: month and year Time: month and year
Third Signature: from month and year to month
Party A: Party B:
Signature of the person in charge Signature of the person in charge
Time: Year Month Day Time: Year Month Day
★ Employee Labor Contract Model
Party A (the employer): __________ Legal representative: __________ Address: __________ Contact phone number: __________
Party B (name): __________ Gender: __________ Cultural level/skills: __________ ID number: __________ Residential address: __________ Contact phone number: __________
Signing instructions
One, Both parties should read this contract carefully before signing it. Once this contract is signed, it has legal effect and both parties must strictly fulfill it.
Second, this contract must be signed or sealed by the legal representative (or proxy) of the employer (Party A) and the employee (Party B), and stamped with the official seal of the employer (or labor contract seal).
Third, the empty columns in this contract are determined by the two sides to fill in after consultation, and shall not violate the laws, regulations and relevant provisions; do not need to fill in the empty columns, crossed "/".
Fourth, the working hours system is divided into standard working hours, irregular hours, comprehensive calculation of working hours. The implementation of irregular, comprehensive calculation of working hours system should be approved by the labor security department.
Fifth, this contract is not exhaustive, can sign a separate supplementary agreement, as an annex to this contract and fulfillment.
Sixth, this contract must be carefully filled out, clear handwriting, concise text, accurate, and shall not be altered without authorization.
VII, this contract (including annexes) after the signing of the A and B parties to take a copy for the record, handing over to Party B shall not be held by Party A on behalf of.
According to the "People's Republic of China *** and the State Labor Law", "People's Republic of China *** and the State Labor Contract Law" and relevant legal provisions, Party A and Party B by equal consensus, voluntarily entered into this contract, *** with the observance of the provisions set out in this contract.
I. Type and duration of the contract
Article 1 The duration of this contract shall be as follows (choose one)
A. Fixed-term contract. A. Fixed-term contract: The contract shall be for a period of one month, from January to December. After the expiration of this contract, if both parties agree to continue to perform, this contract will be automatically postponed for 30 days from the date of expiration. 30 days after the expiration of the two parties still have not reached an agreement on a new contract, the contract will be terminated.
B. Unfixed term contract. The contract shall commence on January 1, 2012.
C. Contracts with a term of completion of certain work. Specifically: . If Party B's actual start working time is inconsistent with the agreed starting time of the contract, the actual start working time for the actual starting time of the contract; at the same time, the expiration of the termination time is automatically extended backward or forward.
Second, the probationary period
Article 2 The two sides agreed to determine the probationary period in the following way (the probationary period is included in the term of the labor contract):
1, no probationary period
2, the probationary period from the date of the month of January to the date of the month of January. (The probationary period shall not exceed one month if the term of the labor contract is more than three months but less than one year; the probationary period shall not exceed two months if the term of the labor contract is more than one year but less than three years; the probationary period shall not exceed six months if the term of the labor contract is more than three years fixed and unfixed).
Article 3 Recruitment conditions are:
A. Cultural knowledge: . B. Physical condition: . C. Labor skills: . D. Work ability: . E. Team spirit: . F. Others: .
Article 4 Party B shall notify Party A three days in advance of termination of the labor contract during the trial period.
Article 5 Party B agrees to work in accordance with Party A's work needs, as a position (type of work). Party B's work shall meet the work standard required by Party A. In one of the following cases, Party B shall agree to Party A's adjustment of Party B's work:
1, Party A's business needs; 2, Party B is not competent for the work;
3, Party B was replaced by someone else's work due to long vacation; 4, other reasons really need to adjust the work.
Article 6 Party B's workplace: , the following circumstances, Party A has the right to change the location of Party B:
1, Party A's place of business changes;
2, due to Party A's business needs to change the location of the Party B's work;
3, if Party B refuses to change the location of the workplace, Party A may be regarded as unilateral termination of its labor contract.
Fourth, working hours and rest and vacation
Article VII Party B arrangements for Party B to implement the first work system.
1, the standard work system: Party A arranges Party B to work no more than eight hours a day, no more than forty hours a week. Party A guarantees Party B to rest at least one day a week. Party A can extend the working hours after consulting with the labor union and Party B due to the need of work, generally not more than one hour per day. If the working hours are extended due to special needs, under the condition of protecting Party B's health, the extended working hours shall not exceed three hours per day and thirty-six hours per month.
2. Comprehensive working hours system.
3, irregular working hours.
Article 8 Party B enjoys the treatment of statutory holidays, public holidays, annual leave, and paid leave for marriage, funeral, childbirth, etc. during the contract period.
V. Labor remuneration
Article 9 In accordance with the principle of distribution according to work, Party A's wage structure for the basic salary + bonuses + subsidies, Party B's basic salary of yuan, the basic salary for the probationary period for the yuan (probationary salary shall not be less than the lowest grade of the same position in Party A or eighty percent of the salary agreed in the contract and shall not be less than the minimum wage standard of the location of the Party A). Bonuses and subsidies shall be based on Party A's benefits and Party B's performance. During the contract period, Party A shall pay Party B the previous month's salary in money before the day of each month. If Party A fails to pay on time or Party B thinks that Party A fails to pay on time, Party A is deemed to inform Party B in writing of the date of refusal to pay wages.
Article 10 Party A arranges Party B to work overtime, should be arranged in accordance with national standards for compensatory time off or pay overtime wages. Overtime and overtime wage payment time is .
Six, insurance and welfare treatment
Article 11 contract period, Party A and Party B shall, in accordance with relevant national and local regulations, participate in social insurance, pay and withholding Party B's social insurance premiums in full and on time. Party B shall submit all the relevant information for social insurance to Party A at the time of joining the company.
Article 12 If Party B is sick or injured, its sick pay, sickness relief and medical treatment shall be implemented in accordance with relevant national and local regulations and Party A's implementation measures.
Article 13 Party A may, according to the specific conditions of the unit, the law to develop the implementation of internal staff welfare treatment rules. Party B shall have the right to enjoy the welfare treatment stipulated by Party A in this way.
Seven, labor protection, labor conditions, vocational training and labor discipline
Article 14 Party A must establish and improve labor safety and health formulations and operating procedures, work norms, and Party B to carry out safety and health education to eliminate unauthorized operation and unauthorized command.
Article 15 Party A for Party B to provide the necessary labor conditions and safe and healthy working environment. Party A may produce occupational hazards of the post, should be to Party B to fulfill the obligation to inform, and do a good job in the process of labor prevention of occupational hazards.
Article 16 The implementation of special protection for female workers and underage workers and female workers during pregnancy, childbirth, breastfeeding, Party A shall provide labor protection for them in accordance with state regulations.
Article 17 Party A shall provide Party B with necessary vocational training or necessary conditions for Party B to receive vocational training.
Article 18 Party A shall, in accordance with the law, formulate and improve the internal rules and regulations and labor discipline, and regulate and manage Party B in accordance with the law.
Article 19 Party B shall strictly abide by the rules and regulations formulated by Party B and obey Party A's management.
Eight, the labor contract change, termination, termination and renewal
Article 20 One of the following circumstances, Party A and Party B shall change the labor contract and change the contract in a timely manner:
1, Party A and Party B by consensus;
2, the conclusion of the contract based on the objective circumstances of the material changes, resulting in the contract can not be performed; 3, The conclusion of this contract on the basis of laws, rules and regulations have changed.
Article 21 of the following circumstances, Party A may terminate this contract, but shall give 30 days' written notice to Party B or pay Party B an additional one month's salary:
1, Party B's illness or injury not due to work, the expiration of the medical treatment period, can not be engaged in the original work or can not be engaged in the work of the Party's other arrangements;
2, Party B is unable to perform the work, after training or adjusting the work position;
2, Party B is unable to perform the work, after training or adjusting the work position. Work, after training or adjusting the work position is still unable to work, such as in the performance appraisal, the assessment of unqualified after training is still assessed as unqualified, etc.;
3, the conclusion of this contract based on the objective circumstances of the material changes, resulting in the contract can not be fulfilled by the parties to the consultation can not change the agreement on this contract.
Article 22 Party B has one of the following circumstances, Party A may terminate this contract at any time, and is not liable for economic compensation:
1, in the probationary period is proved to be not in line with the conditions of employment;
2, serious violations of Party A's rules and regulations, according to the rules and regulations can be terminated labor contract;
3, serious dereliction of duty, self-dealing, the interests of Party A caused a thousand yuan ($10,000);
3, the interests of Party A, the employment contract. The interests of Party A caused more than one thousand yuan (including) significant damage;
4, be investigated for criminal responsibility;
5, and other employers to establish labor relations, the completion of the unit's work tasks have a serious impact, or by the employer, refuses to correct;
6, fraud, coercion, or take advantage of the danger of the people, so that the Party in contravention of the true meaning of the circumstances of the conclusion or change of the labor contract;
6, fraud, coercion, or take advantage of the danger of people, so that Party in contravention of the true meaning of the circumstances of the conclusion or change of the labor contract. If Party B fails to provide the relevant information within 30 days, Party A is unable to handle the recruitment and social insurance payment procedures; if Party B is found to have provided Party A or the employer with false personal information when applying for a job, including, but not limited to, work experience, proof of leaving the job, proof of identity, proof of domicile, proof of academic qualifications, proof of medical examination, etc., which are false or forged.
7, laws and regulations of other circumstances.
Article 23 Party B has one of the following circumstances, Party A shall not terminate this contract in accordance with the agreement of Article 21:
1, suffering from occupational diseases or work-related injuries in Party A, and confirmed the loss of or partial loss of the ability to work;
2, illness or non-duty-related injuries in the stipulated medical treatment period;
3, female workers during pregnancy, maternity, Lactation;
4, Party B engaged in exposure to occupational disease hazards of the operation did not carry out pre-employment occupational health examination, or suspected occupational disease in the diagnosis or medical observation;
5, in Party A, continuous work for fifteen years and less than five years from the statutory retirement age;
6, laws and administrative regulations of the other circumstances.
Article 24 Party B may terminate this Agreement under any of the following circumstances:
1. Failure to provide labor protection or labor conditions as agreed in the labor contract;
2. Party A's use of violence, threat or unlawful restriction of personal liberty to force labor;
3. Party A's failure to pay labor remuneration as agreed in the labor contract;
4. Failure to provide labor protection or labor conditions as agreed in the labor contract; 5.4. Failure to pay social insurance for workers in accordance with the law;
5. Party A's rules and regulations are in violation of laws and regulations, which are detrimental to the rights and interests of workers;
6. Party A's violation of the rules and regulations of commanding and ordering risky operation endangers the personal safety of Party B.
Article 25 This contract shall be terminated under any of the following circumstances:
1. expiration of this contract;
2. bankruptcy, revocation of business license, closure, dissolution, or revocation of Party A;
3. Party B's retirement, demobilization, death, death, declaration of death, or declaration of disappearance;
4. Party A and Party B have actually not fulfill this contract for three months;
5, laws and administrative regulations of other circumstances.
Article 26 The expiration of this contract or the termination of the contract agreed by the parties to appear, Party B has one of the circumstances set forth in Article 23 of this contract, and does not belong to the agreement of Article 22 of this contract, the term of this contract is extended until the disappearance of the corresponding circumstances.
Article 27 Party B request to terminate the labor contract, need to be 30 days in advance (departmental deputy manager or above needs to be 60 days in advance) to notify Party A in writing, and for the termination of the labor contract procedures. However, the work undertaken by Party B has not been completed, the work can not be handed over, and immediately leave will cause economic losses to Party B, Party B can not terminate the labor contract; Party B has caused economic losses to Party A has not yet been dealt with, or due to other issues in the period under review, Party B shall not terminate the labor contract.
Article 28 The termination or dissolution of this contract, Party A shall issue a certificate of dissolution or termination of labor contract at the time of dissolution or termination of this contract, and within fifteen days for Party B to handle the transfer of files and social insurance relations, without undue delay or refusal.
Article 29 The term of this agreement shall expire immediately, either party needs to renew the contract, one month before the termination of the contract, with the consent of the other party, can be renewed.
Article 30 The second consecutive fixed-term labor contract, in addition to Party B proposed to enter into a fixed-term labor contract, should be signed without a fixed-term labor contract.
Nine, economic compensation and liability for breach of contract
Article 31 Party A violates the conditions of this contract to terminate this contract or invalid labor contract concluded due to Party A, the law has clear provisions, in accordance with the provisions of the law to pay the corresponding economic compensation or indemnification; law does not have a clear provision, the damage caused by Party B, according to the extent of the loss shall bear the responsibility for compensation.
Article 31 The contract period, Party B early termination of this contract, in addition to the circumstances set out in Article 24 of this contract, Party A has the right to require Party B to compensate for the following costs:
1, Party A recruiting and hiring the costs it pays;
2, if the probationary period, within the contract period, Party A can require Party B to pay the cost of training, the specific method of payment is: agreed upon Service period, according to the service period, such as the amount of funds, the period of service has been performed by Party B decreasing payment; did not agree on the service period, according to the period of the labor contract, such as the amount of funds, such as the period of the contract has been performed by Party B decreasing payment; did not agree on the period of the contract, according to the period of five years of service, such as the amount of funds, such as the amount of funds, in order to employee has been performed to pay for the period of service decreasing; both parties to the calculation of the decrease in the way there has been an agreement, the agreement from its agreement.
X. Supplementary Provisions and Special Agreements
Article 32 Party B shall keep Party A's trade secrets, trade secrets refers to not known to the public, can bring economic benefits to Party A, has the utility and by Party A to take confidentiality measures of the technological secrets and business information. Including but not limited to the following:
1, technical information. The scope of technical information generally includes technical solutions, engineering design, circuit design, manufacturing methods, formulas, processes, technical indicators, computer software, databases, test results, drawings, samples, prototypes, models, molds, operating manuals, technical documents, business correspondence involving trade secrets and so on.
2, business information. The scope of business information generally includes customer lists, marketing plans, purchasing information, pricing policies, non-public financial information, purchase channels, production and marketing strategies, bidding in the bidding and bidding content.
3, the company in accordance with the provisions of the law (such as in the contracting process of the other party's secrets) and the relevant agreements (such as technology contracts, etc.) should bear the obligation of confidentiality of foreign matters.
Article 33 Supplementary Provisions: (Adjustment of contents according to the needs)
1. If the work is required to work on the project site, the working time and place will be executed according to the project management system.
2, A and B both parties to exercise the right to terminate the agreement, should be in writing to notify the other party, if the other party refuses to sign, there should be more than two people present in the written notice on the signature to testify that it is deemed to be served on the other party (the presence of people can be other employees of the Company).
3, Party A adopts paperless office, Party B should regularly read the company's intranet issued by the notices and regulations, and strictly abide by. Party A's "Personnel Management Regulations", "Employee Handbook", "Position Description" and other internal rules and regulations as an annex to this Agreement, and this Agreement has the same legal effect, Party B knows and recognizes.
XI, the handling of labor disputes
Article 34 The parties to the dispute arising from the performance of this contract, you can want to apply for mediation of the Labor Dispute Mediation Committee of the enterprise, or within the prescribed period of time to the competent Labor Dispute Arbitration Committee to apply for arbitration in writing. If you are not satisfied with the arbitration award, you can sue to the People's Court.
Twelve, other
Article 35 The contract is not exhaustive, or the content of the labor standards and the future state, the city of the relevant provisions of the contradictory, in accordance with the relevant provisions.
Article 36 Any Labor Contract signed by both parties before this contract comes into effect shall be automatically invalidated from the date of signing of this contract, and the provisions of other relevant agreements signed before (including but not limited to Confidentiality Agreement, Training Agreement, Non-competition Agreement) shall prevail over this contract in case of inconsistency with this contract.
Article 37 If the two parties agree to supplement or change the agreement on the relevant matters afterwards, it shall be determined by the two parties signing a written supplement or change agreement.
Article 38 Party B agrees to entrust the "Emergency Contact" at the beginning of this contract as Party B's appointee when Party B is in the state of contact obstacle (including but not limited to Party B's hospitalization due to illness, loss of personal freedom, etc.), and the appointee enjoys the rights to accept the settlement and mediation, and to receive and sign for the receipt of relevant documents. Authorized to receive settlements and mediations, and to receive and sign for related documents. Party B determines the following address as the address for the delivery of documents and papers related to labor relations management, and Party B shall inform Party A in writing of any change of the following address
Article 39 This contract is in duplicate, with one copy for each party, with equal validity, and shall come into effect on the date of signing and sealing by both parties.
Party A representative: __________ (signature) Party B: __________ (signature)
_______ _____ _____ _______ _____ _____
Employment agreement is not the same as a labor contract related articles : ★ Employment agreement is not equal to the labor contract ★ Student employment agreement is equal to the labor contract ★ Labor Department remind: employment agreement can not replace the labor contract ★ Graduate employment agreement and the difference between the labor contract ★ The difference between the tripartite agreement and the labor contract ★ Student employment agreement and the labor contract ★ What is the use of the agreement? What is the use of the agreement? ★ How to write an employment agreement ★ Graduates of the flexible employment agreement ★ Five employment agreement selected sample ★ University graduates of the right to employment case analysis