Guangdong Province
LABOR
CONTRACT
Department of labor and social security of Guangdong Province
Labor and Social Security Hotline 12333
Instructions
Article 1 Before signing this contract the two parties shall read this contract carefully This contract once signed has legal validity two parties must strictly perform
Article 2 This contract must be signed or sealed by the employer's legal representative or the principal responsible person (Party A) and the employee (Party B) and affix the official seal of the employer (or the special seal of the labor contract)
Article 3 The empty column in this contract should be filled in by two parties through negotiation and shall not violate laws provisions and relevant regulations empty column not need to be filled in mark
Article 4 Working hours system is divided into standard working hours nonfix working hours and comprehensive calculation working hours The irregular working hours and comprehensive calculation working hours should be approved by labor administration authorities
Article 5 The unfinished matters of this contract may sign a supplementary agreement as the attachment of this contract and be performed with the contract together
Article 6 This contract must fill in seriously write legibly text be concise and accurate and shall not alter arbitrarily
Article 7 After the signing of this contract (including attachments) each party holds one
Party A(Employer) Party B(Laborer)
Name Name
Legal Representative ID No
(Principal Responsible Person)
Permanent add
Address
Residence add
Business type
Contact No Contact No
This contract is concluded on the basis of principle of lawfulness fairness equality free will negotiated consensus and good faith by and between the foresaid the Party A and Party B in accordance with the Labor Law of the People’s Republic of China (the RPC Labor Law) the Law of the People’s Republic of China on Employment Contracts (the PRC Employment Contract Law) and other relevant laws and regulations of China and of Guangdong Province
Article 1 Term of the Employment Contract
ATerm of Contract
The Parties agree to determine the term of this Contract pursuant to mode below
1 Fixed Term From to
2 Openended Term From to the date which stipulated ending condition occurs
3 Term to expire upon completion of a certain job From to the completion of The symbol of completion of the job shall be
BProbation period
The Parties agree to determine the term of the probation period pursuant to mode below (the probation period shall be included in the term of Contract )
1 Without probation period
2 With a probation period which is from to
(If a labor contract has a term of more than three months but less than one year the probation period may not be exceed one month if a labor contract has a term of more than one year and less than three years the probation period may not exceed two months and if a labor contract has a term of more than three years or is openended labor contract the probation period may not exceed six months)
Article 2 Job Description and Place of Work
A The department or group at which the Party B works is as
The position (management and technical or production operational) is as
The title (or type of work) is as
B The task or duty of Party B is as
C The place of work is as
D During the term of this Contract if the Party A has to adjust the position of the Party B due to the needs of production and business operation or other causes or assign the Party A to work in the place or unit other than the place or unit provided in this Contract the Parties shall reach consensus through negotiation to amend this Contract The amendment agreement concluded shall be the appendix of this Contract
Article 3 Working Hours and Rest and Leave
A The Parties agree to determine the term of the working hour pursuant to mode below
1 Standard working hours system Party B shall work for hours a day and hours a week Party A shall guarantee that Party B has at least one day off in a week
2 Nonschedule working hour system The position of Party B practices nonschedule working hour system after the approval of the labor administration authority
3 System of comprehensive calculation of working hour The position of Party B practices system of comprehensive calculation of working hour after the approval of the labor administration authority calculation circle total working hours
B Party A may extend working hours due to the requirement of its production or business after consultation with the Trade Union and the Party B but with the exception of the circumstances stipulated in Article 42 of the PRC Labor Law
the extended hours for a day shall generally not exceed one hour if such extension is called for due to special reasons the extended working hours shall not exceed three hours a day under the condition that the health of the Party B is guaranteed However the total extension in a month shall not exceed 36 hours
C Party A shall provide the Party A with legal holidays annual leave marriage leave funeral leave home leave maternity leave nursing leave etc in accordance with relevant regulations and pay vacation wages according to the wage standard provided by this contract
Article 4 Labor Remuneration
AThe wage of Party B for normal working hours shall be paid pursuant to mode below and may not less than the minimum wage rate in the place where the Party A is located
1 Hourly wage
(1) The wages of the Party B for normal working hours shall be paid pursuant to the beginning wage amount is as RMBmonth or RMB hour
(2) The wages of the Party B is as RMBmonth in the probationary period (the probational salary shall not be less than the minimum wage of same post and 80 percent of appointed salary in the contract not less than the minimum wage standard in where Party A is located)
2 Piecework wage
(1) Unit price
(2) Labor quotas (The labor quotas determined generally shall be the amount of work that over 70 employees in the same position of the Party A can finish within legal working hours)
3 Other compensations (such as the Party A practices a annual salary system or it pays wages according to an assessment term)
4 Party A shall determine its wage distribution system in the light of the status quo of its production and business operation the price level and wage increase guideline announced by the government The specific ways and extent of normal wage increase shall be determined in accordance with law through mutual consultation between the Parties or through collective bargaining
B The pay for performance and bonus of the Party B shall be paid per the following method
C The allowance and subsidies of the Party B shall be paid per the following rate and method
D The wages shall be paid in currency instead of kind or portfolio
E Party A shall pay wages of (immediatelypreviously) month on of each month If the date for wage payment happens to be a legal holiday or a nonbusiness day the wage payment shall be made in advance on the most recent business day
F If Party A arranges Party B to work overtime it shall pay Party B overtime pay in accordance with the PRC Labor Law and Provisions of Guangdong Province on Wage Payment except that Party B is arranged for compensatory timeoff after heshe has been arranged to work overtime on nonbusiness day
Article 5 Social Insurance and Fringe Benefits
A During the contract period Party A in accordance with the relevant regulations of nation province and district shall pay the pension medical unemployment work injury and maternity insurance procedures for Party B and shall pay social insurance fund based on payment base and payment ratio by rule Party B shall undertake his own part of social insurance fund the payable amount shall be withheld by Party A from the Party B’s monthly wages Party A shall truthfully inform the situation of handling social insurance procedures and withholding social insurance premiums to Party B
B In case Party B suffers sickness or nonworkrelated injury Party A shall offer Party B a period of medical treatment and sickleave treatment stipulated by national and local regulations pay medical insurance and other medical payment relating to relevant regulations and pay sickness pay or disease relief during specified medical period the amount may be
RMB per month (no less than 80 of the local minimum wage standard)
Article 6 Labor Protection Working Condition and Protection Against Occupational Hazards
A Party A shall provide working place conformed to the national labor health standard in accordance with labor protection regulations of the nation and province and effectively protect the safety and health of Party B during working production If Party B may suffer occupational hazard during production procedures Party A shall truthfully inform Party B and protect the health and related rights of Party B stipulated by Law of Occupational Disease Prevention
B According to the position of the Party B Party A shall provide Party B with labor safety and hygiene conditions in conformity with the relevant laws and regulations and provide free physical examination for Party B every (year season month) in accordance with labor protection provisions
C Party A must carry out relevant provisions formulated by the nation province and district for the labor protection and healthcare work of female worker
D Party B shall have the right to refuse to carry out any dangerous operation forced upon himher by Party A For Party A's or its manager's behavior which is indifferent to the safety and health of Party B Party B may have the right to inform and report to the relevant government departments
E If Party B suffer occupational disease workrelated injury or death due to work Party A shall handle it in accordance with work injury insurance regulations
Article 7 Modification of the Employment Contract
A Either of the Parties may modify relevant terms of the Employment Contract with written notice to others
B Party A change the name legal representative principal responsible person or investor dose not affect the performance of the contract
C If Party A occur the event of merger or division the contracts remain in force and shall continuously perform by the unit succeeded Party A's rights and obligations
D The two parties may alter the labor contract through mutual consultation and agreement and handle change procedures in writing After the change of labor contract each party holds one
Article 8 Cancellation and Termination of the Employment Contract
A Cancellation
1 The parties may terminate the labor contract through mutual consultation and agreement If Party A proposes to terminate this contract shall pay the economic compensation to Party B by rule
2 Party A may terminate the employment contract under any of the following circumstances involving Party B
(1) Party B been proven to be incompetent for the employing requirement during probational period
(2) Party B seriously breach labor disciplines or regulations stipulated by Party A
(3) Party B neglects his duty and engages in malpractices for selfish ends thus causing significant harm to the interests of the Party A
(4) Party B build labor relationships with other units to cause a seriously impact on the completion of the task of Party A or refuse to correct the rules made by Party A
(5) Where Party B has concluded or modified the labor contract against the true intentions of Party A through the use of fraud coercion or exploitation of the unfavorable position of Party A as a result of which this agreement is deemed null and void
(6) Party B is found guilty according to the laws of PRC
(7) Party B is ill or injured due to nonwork relation after the completion of medical still is incompetent for his original work or alternative jobs arranged by Party A
(8) Party B is incompetent for work after training or adjustment of jobs
(9) If the objective situation changes significantly this contract based on to result the contract unable to perform and mutual consent can not be reached in charge of this labor contracts
Party A terminate this contract according to item (7) (8) and (9) should notice Party B in writing before 30 days (or extra pay a month wage to Party B) and pay economic compensation to Party B subject to regulations If Party A terminate this contract according to item (7) also shall pay medical treatment allowances to Party B conforming to relevant regulations
3 Under any of the following circumstances Party A can make redundancies stipulated by regulations and procedures and pay economic compensation to Party B by rule
(1) Party A restructured pursuant to the Enterprise Bankruptcy Law
(2) Production and business operation of Party A met serious difficulties
(3) Production technological innovation or business method of Party A adjusted
(4) If other objective situation this contract based on changes significantly to result the contract unable to perform
4 Party B may terminate the labor contract with 30 days' prior written notice to Party A during the probationary period with 3 days' prior written notice to Party A
Party B may terminate his employment contract under any of the following circumstances involving Party A Party A shall pay the economic compensation to Party B by rule
(1) Party A has failed to provide labor protection or working conditions as stipulated in the labor contract
(2) Part A has failed to pay remuneration on time or in full
(3) Party A has failed to contribute social insurance fund on behalf of Party B in accordance with the law
(4) Party A's policies violate laws or regulations thereby infringing upon Party B's rights and interests
(5) Party A has concluded or modified the labor contract against the true intentions of Party B through the use of fraud coercion or taking advantage of Party B’s unfavorable position as a result of which this contract or the changing agreement is deemed null and void
(6) Party A is exempted from its legal liability and Party B's rights as a result of which this contract is deemed null and void
(7) Party A violates obligatory provision in laws and regulations as a result of which this contract is deemed null and void
(8) If Party A uses violence intimidation or an unlawful restraint of individual freedom to compel Party B to work or if Party A instructs Party B to violate the law or engage in hazardous work that endangers his personal safety
(9) Other circumstances for termination by Party B as specified under laws and regulations
If the situation of item (8) occurs Party B has the right to terminate the contract immediately without notice Party A in advance
5 Of the any of the following circumstances Party A can not terminate the labor contract on the basis of article 40 and 41 of the Labor Contract Laws
(1) Party B that conducts operations exposing himher to occupational disease hazards has not gone through an occupational health examination before leaving his post or is suspected of having an occupational disease and is under diagnosis or medical observation
(2) Injured due to the occupational disease or workrelated reasons and was confirmed as having lost or partially lost the ability to work
(3) Illness or non workrelated injury within the prescribed period of medical treatment
(4) Women workers in pregnancy childbirth breastfeeding
(5) Worked continuously for 15 years and less than five years away from his legal retirement age in this unit
(6) Other circumstances stipulated by laws administrative regulations
BTermination
1 Once the contract expired or statutory termination condition occurs the contract shall be terminated
2 The contract terminate due to one of the following circumstance Party A should pay economic compensation to Party B stipulated by regulations
(1) In addition to the Party A maintain or improve the condition of the labor contract to renew the labor contract Party B disagree to new a lease the labor contract expires
(2) Party A was declared bankrupt by court
(3) Business license of Party A was revoked order to close cancellation or early dissolution of
(4) Other circumstances stipulated by laws administrative regulations
3 When Party B has the circumstances of the first paragraph (5) of article 8 the contact expired Party A shall renew the contract until the corresponding circumstance disappeared But if Party B suffers from occupational disease or workrelated injury and is confirmed to have totally or partially lost the ability of work Party A shall execute according to work injury insurance regulations formulated by nation and province
C If Party A illegally dissolves or terminates the contract Party B requests to carry on this contract Party A shall continue to perform Party B does not require to carry on the contract or the contract can not continue to be performed Party A shall pay double compensation for Party B according to economic compensation standard
D Procedures of the dissolution or termination of the contract
When relieving or terminating this contract Party A shall show the certificate of relieving or terminating labor contact and handle transfer formalities of files and social insurance for Party B within 15 days
Article 9 Conciliation and Arbitration
If any dispute arises between this contract it shall be settled through negotiation if the parties are unwilling to negotiate or the negotiation fails can apply for mediation to the Party A's labor dispute mediation organization If mediation fails can apply arbitration to jurisdictional labor dispute arbitration commission within the time for statutory arbitration also can apply arbitration to labor dispute arbitration commission If not satisfied with arbitral decision can institute legal proceedings in People's Courts within statutory time limit
Article 10 Service Period and Competition Restriction
A If Party A provide Party B with special training expenses and professional and technique training the two parties make following agreement executing in accordance with company training management system (When Party B breaches the service period agreement shall pay penalty to Party A according to the agreement The amount of penalty shall not exceed the training expenses provided by Party A and shall be no more than the training expenses caused in the service period unperformed
B If Party B shall keep the business secrets and confidential matters related to intellectual property of Party A the two parties make the following appointment for details see Confidentiality Agreement (If Party B have confidentiality obligation Party A can make competition restriction agreement with Party B and after relieving or terminating this contract provide economic compensation to Party B every month during the competition restriction period If Party B breaches the Confidentiality Agreement Party B shall bear the liability therefor pay for penalty according to agreement The personnel of the competition restriction shall be restricted to senior management personnel of Party A senior technical staff and other personnel have confidentiality obligation After relieving or terminating this contract the competition restriction period shall no more than two years)
Article 11 Others
A The unfinished matters of this contract may be handled in accordance with the relevant provisions of nation and local During the contract period if the terms of this contract in contradiction with the new labor administrative regulations of nation and province shall execute according to new regulations
B The following documents are provided for the attachment of this contract and have the same effect as the contract
1 Confidentiality Agreement
2
3
4
5
C Bilateral Agreement (the contents shall not violate the laws regulations and the relevant provisions may plus signature or seal of the two parties to attachment)
1 Party A according to operating conditions can change Party B's position and adjust Party B's remuneration in accordance with the income distribution system stipulated by law Party B agrees to be adjusted its own remuneration according to Party A's remuneration standard
2 Party A have the right to adjust Party Bs position and working place according to operating situation Party B should positively cooperate with it otherwise may terminate the labor contract
with Party A for special reasons
Party A (Stamp) Party B (sign or stamp)
Legal Representative
(Entrusted Agent)
Day Month Year Day Month Year
Identification institution (Stamp)
Attestor
Date of identification Day Month Year
Agreement of Modified Labor Contract
Party A and Party B agree to make the following changes to the contract through equal consultation
Party A (Stamp) Party B (sign or stamp)
Legal Representative
(Entrusted Agent)
Day Month Year Day Month Year
文档香网(httpswwwxiangdangnet)户传
《香当网》用户分享的内容,不代表《香当网》观点或立场,请自行判断内容的真实性和可靠性!
该内容是文档的文本内容,更好的格式请下载文档