The probationary period of the labor contract model 3

Party A:

Party B:

ID card number:

Party A employs Party B as a probationary period of employees, the probationary period of _______ months, from _________ year _____ month ______ day to _______ _____ month _____ day. After equal consultation between the two parties, we hereby enter into the following provisions on matters related to the probationary period to *** with compliance.

I. Party B's position (type of work) is:

During the probationary period, according to the needs of the work and Party B's ability, Party A has the right to adjust Party B's work position.

Second, during the probationary period, Party B shall keep Party A's commercial secrets, strictly abide by labor discipline and Party A's governance regulations and systems, and according to Party A's work arrangements, conscientiously perform their duties to safeguard Party A's legitimate rights and interests.

Third, Party B's probationary salary of _________ yuan / month, Party A issued on a monthly basis.

Fourth, Party B in the probationary period, attendance by Party A according to the actual attendance status and the company's attendance system.

V. Party B in the probationary period, in addition to wages, any benefits of the Company are included in the probationary wage.

Sixth, Party B's monthly salary is issued by Party A on or about the 15th of the following month from the date of commencement of work, and if Party B works for less than one month, the monthly salary will be calculated in proportion to the actual number of working days. If the payday falls on a Sunday or holiday, Party A combined with the actual situation of the company day by day to extend the payday.

VII, in the probationary period, Party B proposed to terminate this contract, seven working days in advance to notify Party A, negotiation and settlement, otherwise, according to the company's system, by the company in accordance with the system.

VIII, Party B, such as reporting to work less than one month after the initiative to resign or can not perform the job dismissed by Party A, Party A will deduct the recruitment, training and other costs, in accordance with the standard of 800 yuan / month of remuneration.

IX, in the probationary period, Party B, if Party B is not considered competent for work or found that Party B should be false materials, does not meet the conditions of employment, may at any time to stop the probationary period and dismissal, wages according to the actual attendance of Party B (or piecework payroll), according to the company's system and the relevant content of the contract (terms) settlement.

X. During the probationary period, Party B seriously violates labor discipline or Party A's rules and regulations; or intentional or serious dereliction of duty, causing damage to Party A's interests, Party A has the right to terminate the probationary period and be dismissed immediately. Party B shall be liable for full compensation for the losses caused by the Party.

XI, in the probationary period, because Party B divulged Party A's commercial secrets, causing economic losses to Party A; or because of Party B's intentional or grossly negligent behavior caused economic losses to Party A, Party A has the right to recover from Party B.

XII, Party B shall terminate the probationary period immediately and dismiss the employee.

XII, the probationary period or the probationary period of outstanding work and qualified by the assessment, will be within the month and the company signed a formal labor contract, and pay pension insurance. The company will dismiss or extend the probationary period according to the actual situation if the assessment is not qualified, but the maximum probationary period is not more than six months. The company shall dismiss those who are still unqualified during the extension period.

xiii. Party B declares that, when signing this contract, Party B has been aware of Party A's system and is willing to comply with all matters.

XIV, this contract in duplicate, A and B, each party to sign a copy, signed by both parties to take effect.

xv. Unresolved issues, A and B to resolve.

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

Date: Date:

Attachment; signing a labor contract on how to agree on the trial period

The Chinese People's Republic of China and the State Law on Labor Contracts, Article 19: the term of the labor contract for more than three months than less than one year, the trial period shall not exceed one month; the term of the labor contract for more than one year than less than three years, the trial period shall not exceed two months; the trial period shall not exceed two months; the labor contract for more than one year than less than three years, the trial period shall not exceed two months; the trial period shall not exceed one month. The probationary period shall not exceed two months; the probationary period shall not exceed six months for labor contracts with a fixed term of more than three years and those with no fixed term.

Sample Labor Contract for Probationary Period 2

No. ____________

Party A __________________________________

Business address ______________________________

Party B ___________ Resident Identity Card No. ___________________

Date of Birth _____ _____ month _____ day

Gangrene Court Residence Address _________________________________________

Zip code ________________________

Location of household _____ province (city) _____ district (county) ______ township ______ village

According to the Labor Law and related regulations, A and B, through equal consensus, voluntarily sign this contract, **** with the observance of the terms of this contract.

Article 1 of this contract _____ _____ month _____ effective, _____ _____ month ____ terminated.

The probationary period shall be until _____ the _____ day of the _____ year.

If the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; if the term of the labor contract is more than 6 months and less than 1 year, the probationary period shall not exceed 30 days; if the term of the labor contract is more than 1 year and less than 2 years, the probationary period shall not exceed 60 days; if the term of the labor contract is more than 2 years, the probationary period shall not exceed 6 months.

Article 2 party B as ________________________ position (type of work) work.

Party B suffers from job types and industry taboo diseases, should be promptly reported to Party A, and immediately removed from the workplace.

Party A and B on Party B's position (type of work) of the other agreement ________________________________________________________________________

Article 3 Party A should be before Party B on the job on Party B for occupational safety and health, food safety and hygiene, service standards. Safety and hygiene, food safety and hygiene, service standards, professional ethics, vocational skills, Party A's rules and regulations of training before Party B starts to work.

Article 4 Party A must be organized annually in accordance with national regulations on Party B for health checks.

Party A in accordance with the relevant provisions of the national labor safety and health for Party B to provide the necessary safety protection facilities, the issuance of the necessary labor protection supplies.

Article 5 Party A to strengthen production safety management, establish and improve the production safety responsibility system, improve the safety of production and operation conditions; sound internal service and food quality management system, strict implementation of job quality standards, quality responsibility and the corresponding assessment methods.

Party B strictly abide by Party A's rules and regulations to prevent service quality accidents.

Party B violates the service standards, labor discipline and Party A's rules and regulations, service quality accidents, Party A can be dealt with in accordance with the provisions of the rules and regulations.

Article 6 Party A uses the following ____ form of payment of wages to Party B:

(a) the monthly wage ____ yuan, the probationary period of the monthly wage ____, Party A monthly _____ day before the payment of wages to Party B.

(a) the monthly wage ____ yuan, the probationary period of the monthly wage ____, Party B monthly _____ day before the payment of wages.

(b) the daily wage ____ yuan, the trial period of the daily wage ____, Party A to pay wages to Party B for the time of the month ______

Party A due to the lack of business tasks so that the Party B to stay on duty, Party A to pay Party B for the cost of living ___________

The wage agreed by the two sides shall not be lower than the minimum wage standards in Beijing.

Article 7 Party B's daily working hours do not exceed 8 hours, the average weekly working hours do not exceed 40 hours. Party A due to production and management needs, after consultation with the trade unions and Party B can extend the working time, generally shall not exceed 1 hour per day; for special reasons need to extend the working time, in order to protect the health of Party B to extend the working time of not more than 3 hours per day, but shall not exceed 36 hours per month.

Party A needs to work for the implementation of special working hours system, should be reported to the labor administration department for approval in advance.

Party A arranges Party B overtime or because of customer service needs, Party B extended working hours, Party A shall pay overtime and overtime wages to Party B in accordance with state regulations.

Article VIII Party A should be in accordance with the provisions of the Beijing Municipal Party for Party B for work-related injuries, major medical social insurance.

Article 9 Party B violates the service standards, quality management regulations and operating procedures and other rules and regulations, Party A shall be responsible for the corresponding provisions.

Article 10 Party B has one of the following circumstances, Party A may terminate this contract at any time:

(a) in the probationary period is proved to be incompatible with the conditions of employment;

(b) there is stealing property, gambling, drug abuse, fights and assaults;

(c) serious dereliction of duty, self-serving, causing significant damage to the interests of Party A;

(d) serious violation of labor discipline. (D) serious violation of labor discipline and our rules and regulations, in line with the conditions for the termination of the labor contract;

(E) serious violation of service standards, harming the legitimate rights and interests of consumers;

(F) privately sold to customers in violation of laws and regulations prohibit the sale of food and beverages;

(G) violation of the provisions of the laws and regulations, was punished by the detention or reeducation-through-labor;

Article 11 Party B suffers from job type and industry taboo diseases, after the expiration of the medical period does not meet the state and the city to engage in the relevant industries, jobs, jobs, Party A can not be arranged for another job, you can give 30 days' written notice to Party B to terminate this contract, and to pay economic compensation to Party B.

Article 12 Party B to terminate this contract, should be 30 days in advance in writing to notify the Party. Party B shall bear the economic losses caused to Party A if it leaves the company without authorization.

Article 13 Party B in the fulfillment of the labor contract, due to personal negligence caused losses to Party A, shall bear the responsibility for compensation.

Article 14 Other matters agreed by Party A and Party B ____________________

________________________________________________

Article 15 Disputes between the two parties arising from the performance of this contract shall be brought to the court within 60 days from the date of the labor dispute. The two parties shall apply for arbitration to the Labor Dispute Arbitration Committee of the county where Party A is located within 60 days from the date of occurrence of the labor dispute. If you are not satisfied with the arbitration award, you may file a lawsuit to the People's Court within 15 days from the date of receipt of the award.

Article 16 of this contract, or with the state, the Beijing Municipal regulations are contrary to the implementation of the relevant provisions.

Article 17 of this contract in duplicate, A and B each party to sign a copy.

Article 18 of this contract is attached as follows, and this contract has the same legal effect.

_______________________________________________________

Party A (official seal) Party B (signature or seal)

Legal representative or proxy

(signature or seal)

Date of signing. Date of signing

Sample Labor Contract for Probationary Period 3

I. Duration of the Contract

This contract shall be effective as of _______. The validity period of this contract is agreed by A and B to take the following _____ form:

1. The validity period of the contract shall be ____ years and shall end on _______.

2. No fixed term. This contract may be terminated in accordance with the law except that it may be terminated due to changes in Party A's production and operation or Party B's failure to conscientiously perform the labor obligations under this contract as found in the regular assessment, and the other termination conditions shall be as follows:_.

3. The term of the contract shall be terminated upon completion of the _ work (task).

The events marking its completion are_. The labor contract for newly recruited, transferred, or uniformly assigned personnel shall be for a probationary period of _ months from the effective date.

A copy of this contract shall be kept by A and B respectively. One copy is also to be submitted to the authentication organization at the time of authentication. All have the same effect.

Second, the work task

(a) Party B production (management) type of work (position or department): _.

(b) Party B to complete Party A's normal arrangements for production (work) tasks.

III. Working hours

(a) Party A implements a working system of no more than 8 hours per day and no more than 44 hours per week on average. And Party B is guaranteed at least 24 hours of uninterrupted rest per week.

(b) Party A may report to the labor administration department for approval to implement irregular working hours or comprehensive calculation of working hours.

(c) Party A may arrange Party B to work overtime due to production and work needs, after consulting and agreeing with the labor union and Party B. However, the extended working hours shall not exceed 3 hours per working day, and the total number of working hours per month shall not exceed 36 hours.

(4) Party A's extension of working hours shall not be subject to the provisions of item (3) under any of the following circumstances:

1. Natural disasters, accidents, or other reasons threaten the life, health and property safety of workers and require urgent treatment;

2. Failure of production equipment, transportation routes, or public **** facilities affects the production and the interests of public **** and must be repaired in time; and The production equipment, transportation line, public **** facilities failure, affecting the production and public **** interests, must be promptly repaired;

3. In the statutory holidays and public days can not be interrupted, must be continuous production, transportation or business;

4. Must be used in the statutory holidays and public vacations during the shutdown period of the overhaul of the equipment, maintenance;

5. In order to complete the national defense emergency task;

6. In order to complete the other urgent production tasks assigned by the state. The task.

Fourth, leave Party B in the contract period to enjoy the national holidays, public vacations and annual leave, family visits, marriage and bereavement, family planning, labor protection of female workers and other holidays.

V. Remuneration for labor

(a) Party B's distribution of forms and standards:

1. Party A, in accordance with the government's regulations on the wages of employees in enterprises, in particular, shall not be less than the city's minimum wage standard, to formulate the wage system of this enterprise, to determine the form of Party B's wages and wage standards.

2. Party B's probationary period wage _ yuan / month; the probationary period of Party B starting wage is set at _ yuan / month. Party A may adjust Party B's salary according to the enterprise wage system.

(b) Party A monthly monetary wages as scheduled. In case of holidays or rest days, wages shall be paid in advance on the nearest working day.

(c) Party A arranges overtime work for Party B. If overtime work on weekdays and rest days cannot be arranged for compensatory time off, overtime wages shall be paid in accordance with the standard not lower than that stipulated by the state (including the province and the city). Among them:

(1) arranged to extend the working hours, Party A pays no less than 150% of the wages of overtime work, such as overtime work between 22:00 to 6:00 the next day, 200% of the wages of overtime work;

(2) overtime work on rest days, 200% of the wages of overtime work;

(3) overtime work on statutory vacations 300% of overtime wages. However, if Party B implements the comprehensive calculation of working hours, its working hours should be calculated in a certain period of time, and the part of overtime time should be paid according to the overtime wages.

(d) not due to Party B's reasons for the stoppage of work, production, in a wage payment cycle, Party A shall pay wages in accordance with the standards in paragraph (a) of this article; more than a wage payment cycle, Party A shall not be less than the city's unemployment benefit standards to Party B's living expenses.

(e) During Party B's participation in social activities in accordance with the law during the legal working hours, as well as during the annual leave, family visit leave, marriage leave, bereavement leave, family planning leave, and labor protection leave for female workers in accordance with the law, Party A shall pay wages at a rate not less than the wage standard of Party B determined in this contract.

(F) If Party A withholds or owes Party B wages without any reason, refuses to pay Party B overtime wages, and pays Party B wages below the minimum standard of the city, all of them shall be paid, and Party B shall be paid economic compensation and indemnity in accordance with state regulations.

Sixth, insurance and welfare treatment

(a) in the contract period, Party A and Party B need to be in accordance with the relevant provisions of the state and the province, the city, to pay the basic old-age insurance, unemployment insurance and industrial injury insurance and other social and labor insurance funds, while Party A should be regularly notified of the payment of social and labor insurance fund to the Party B situation.

(b) Party A shall, according to the relevant provisions of the state, province and city, provide female workers with five periods (menstruation, pregnancy, maternity leave, and menopause) of labor insurance and welfare treatment and Party B's children in line with the family planning of labor insurance and medical treatment.

(c) Party B suffers from occupational diseases or work-related injuries during the medical insurance benefits, Party A in accordance with the provisions of the city's relevant social insurance for work-related injuries; medical treatment, confirmed by the Municipal Medical Labor Appraisal Committee, is a total loss of working capacity, Party A in accordance with the provisions of the early retirement; is a part of the loss of working capacity, according to the relevant provisions of the city.

(d) Party B in the contract period of illness or non-work-related injuries, its sick pay, sickness relief and medical expenses 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., in accordance with the relevant provisions of the state and the city by the social labor insurance company or Party A, respectively.

(F) not due to Party B's reasons for the suspension of work, production stoppage, Party B in accordance with the provisions of the state to enjoy the leave, labor insurance, medical treatment and other treatments remain unchanged.

(VII) Party B's other benefits, according to the system developed by Party A in accordance with the law.

VII, labor protection and working conditions

(a) Party A to implement the relevant state labor protection regulations and standards, including female workers, underage workers (16 years old to less than 18 years of age of the workers) labor protection regulations and the "Guangdong Provincial Regulations on Labor Safety and Health", to effectively protect the Party B in the production, work safety and health.

(2) Party A shall provide Party B with knowledge of work safety, education on laws and regulations, and training on operating procedures and other business and technical training in accordance with the provisions of the State's first training before starting work. Party B shall participate in the above training and strictly abide by the relevant safety and health laws, regulations, systems and operating procedures.

(C) Party A, according to Party B engaged in the work and the relevant provisions of the necessary labor protection products issued to Party B, in accordance with the provisions of the labor protection of free regular arrangements for Party B and physical examination.

(d) Party B has the right to refuse Party A's unauthorized command, Party A and its management disregard for the safety and health of Party B's behavior, the right to criticize and report to the relevant departments, complaints.

VIII, labor discipline and rewards and punishments

Party B shall comply with Party A formulated in accordance with the "Employee Code" and other management systems, Party A has the right to Party B to perform the system of checking, supervision, assessment, rewards and punishments.

IX, renewal, change, termination, termination of labor contracts

(a) the expiration of the fixed term of this contract is naturally invalid, the two sides must terminate the implementation. If agreed by both parties, the contract can be renewed.

(b) such as Party A due to changes in production and management, adjust the production tasks, or Party B for personal reasons require changes in the terms of this contract, the contract agreed by both parties, you can change the relevant content of the labor contract, and signed by both parties (seal). If Party A concludes a labor contract based on the objective situation has changed significantly, resulting in the original contract can not be performed, by the parties involved in the negotiations between the two sides can not reach agreement on the change of the labor contract, Party A can terminate the labor contract.

(3) The labor contract shall be terminated in any of the following cases: Party B has reached the legal retirement age; Party B dies; Party B is approved to study abroad at its own expense or to settle outside the country; Party A is revoked, dissolved, closed down, declared bankrupt; the termination of the labor contract has been agreed upon conditions (events) have arisen.

(d) This contract can be terminated by the consensus of both parties.

(e) Party A may terminate the labor contract under any of the following circumstances;

Party B, during the probationary period, is proved to be incompatible with the conditions of employment;

Party B is in serious violation of labor discipline and the rules and regulations formulated by Party A in accordance with the law;

Party B is in serious dereliction of duty, self-serving, and has caused significant damage to the interests of Party A;

Party B's behavior In accordance with national laws and regulations to be held criminally responsible;

Party B is unable to work, by training or adjusting the workplace is still incompetent;

Party B is sick or injured, the expiration of the medical period can not be engaged in the original work, and can not be engaged in by the employer to make arrangements for other work.

If the total loss of working ability to reach the disability standard one to four, should be in accordance with the provisions of the retirement or retirement procedures.

Work stoppage medical period calculation, according to Party A developed no less than the "Guangzhou Municipal Labor Bureau forwarded to the Ministry of Labor & lt; enterprise workers sick or non-work-related injuries medical period provisions & gt;" standards. Although the term of the labor contract has not yet expired, but Party A due to the production and business conditions of serious difficulties and bankruptcy or near-bankruptcy in the statutory consolidation period, there is a need to cut staff in accordance with the relevant provisions; other in line with the national, provincial and municipal provisions can be terminated under the conditions of the labor contract.

(F) one of the following circumstances, Party B may terminate the labor contract at any time:

during the probationary period; by the relevant state departments to confirm that the Party's labor safety and health conditions are poor, there is no corresponding measures to protect the safety and health of the Party B is a serious danger; Party A can not pay the labor compensation according to the provisions of the labor contract; Party A is not in accordance with the provisions of the Party B for the payment of social labor insurance, such as pension insurance; Party A is not required to pay the retirement pension insurance; Party B is not in accordance with the provisions of the social labor insurance premiums; Party A is not required to pay the retirement pension insurance. insurance premiums; Party A forces Party B to work by means of violence, threat or unlawful restriction of personal freedom; Party A intentionally fails to fulfill the labor contract, seriously violates national laws and regulations, and infringes on Party B's other lawful rights and interests. If Party B based on the provisions of the above paragraph 2 to 6 to terminate the labor contract, can be pursued Party A breach of contract.

(G) Party B is not based on the provisions of this contract to terminate the labor contract, should be 30 days in advance to notify Party A in writing. But does not exempt Party B shall bear the responsibility according to the contract.

(h) in one of the following cases, Party A shall not terminate the labor contract: Party B suffers from occupational diseases or work-related injuries, the end of the medical treatment period, or after the end of the medical treatment by the municipal or county medical labor appraisal commissioners confirmed that most of the loss of working capacity; Party B is sick or injured, in the prescribed medical treatment period, or the expiration of medical treatment but still hospitalized; in line with the policy of family planning of female workers during pregnancy, maternity leave, breastfeeding period, Maternity leave, breastfeeding; party approved to enjoy the statutory holidays, within the prescribed period; in line with the relevant provisions of the state, provinces and municipalities shall not terminate the labor contract.

(ix) In addition to the probationary period or the employee was disciplinary dismissal, removal, dismissal and other special provisions of this contract, etc., A and B parties to terminate this contract, must be one month in advance written notice to the other party. If the advance time is insufficient, the compensation to the other party shall be calculated according to the actual number of days apart and the average daily amount of Party B's salary income in that month.

(10) Party A shall, in accordance with the provisions of the termination of the labor contract for the termination of the employee for the issuance of the "Employee Labor Handbook", the transfer of files and other relevant procedures, for Party B to apply for the registration of the pending work, to receive unemployment benefits to provide convenience.

(xi) Party A leased, sold to Party B to live in the house, the two sides should sign a housing contract. Party A and Party B for various reasons to terminate or terminate this labor contract, the housing issues in accordance with the provisions of the housing contract.

(xii) If this contract is terminated or dissolved, Party B shall return to Party A the items, tools, technical data, etc., which Party A has given to Party B for free use and custody during the period of performance of the contract, and shall compensate for any loss.

(xiii) Party B meets the state retirement (including early retirement) conditions, Party A shall be required to apply for its retirement procedures, and in accordance with the relevant provisions of the city management.

(xiv) Party A in the contract period to terminate the labor contract in accordance with the "Guangzhou Municipal Labor Bureau forwarded to the Ministry of Labor," the violation and termination of the labor contract of the economic compensation approach "to send Party B economic compensation, medical assistance. The probationary period or because of the Party B was dismissed for disciplinary reasons, removal, dismissal of the labor contract, Party A will not be issued compensation

Employer (Party A):

Address and ZIP code:

Employee (Party B):

ID card number:

address and ZIP code:

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