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Labour?Contract
Employer:
Legal Representative:
Address:
Employee:
Name:
Gender:male
Address:
Card
This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in accordance with the Labour Law of People’s Republic of \"
of the Contract:
The term of this contract is for one year and shall commence on_____,_____, and shall continue until _____,_____,unless earlier terminated pursuant to this The Employee shall undergo a probationary period of three
Description:
The Employer agrees to employ (name)as ________(job title) in ________Department, located in________(office location and city).
Remuneration of Labour
salary of the Employee shall bemonthly paid by the Employer in accordance with applicable laws and regulations of It shall be paid by legal tender and not less than the standard minimum salary in
The salary of the Employee is RMB$______ per month in the probationary period and RMB$ _____ after the probationary
If the delay or default of salary takes place,the Employer shall pay the economic compensation except the salary itself in accordance with the relevant laws and
Hours & Rest & Vocation
normal working hours of the Employee shall be eight hours each day, excluding meals and rest for an average of five days per week, for an average of forty hours per
Employee is entitled to all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the PRC and the company ’s work
The Employer may extend working hours due to the requirements of its production or business after consultation with the trade union and the Employee ,but the extended working hour for a day shall generally not exceed one hour; If such extension is called for due to special reasons, the extended hours shall not exceed three hours a , the total extension in a month shall not exceed thirty-six
Security & Welfare
Employer will pay for all mandatory social security programs such pension insurance, unemployment insurance, medical insurance of the Employee according to the relevant government and city
the period of the Contract, the Employee’s welfare shall be implemented accordance with the laws?and relevant regulations of
Protection & Working Conditions
Employer should provide the Employee with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labor protection to guarantee the safety and health during the working
Employer should provide the Employee with safety education and technique training; The Employee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special
The Employee should strictly abide by the rules of safe operation in the process of their
Discipline
Employer may draft bylaws and labour disciplines of the Company, According to which, the Employer shall have the right to give rewards or take disciplinary actions to the Employee; Employee shall comply with the management directions of the Employer and obey the bylaws and labour disciplines of the
Employee shall undertake the obligation to keep and not to disclose the trade secret for the Employer during the period of this Contract; This obligation of confidentiality shall survive the termination of this Contract for a period of two (2)
, Modification, Renew and Discharge of the Contract
The relevant clauses of the Contract may be modified by the parties:
specific clause is required to be modified by the parties through
consultation;
to the force majeure, the Contract can not be executed;
relevant laws and regulations have been modified or abolished by the time of signing the
Contract may be automatically terminated:
i) This Contract is not renewed at the expiration of this Contract;
ii) The Employer is legally announced to be bankruptcy, dismissed, or canceled;
iii)The death of the Employee occurs;
iv) The force majeure takes place;
v)The conditions of termination agreed in the Contract by the parties
Contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procedure within 15 days to the expiration;
The Contract may be discharged through consultation by the parties;
Contract may be discharged by the Employer with immediate effect and the Employee will not be compensated:
Employee does not meet the job requirements during the probationaryperiod;
Employee seriously violates disciplines or bylaws of the Employer;
Employee seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer;
Employee is being punished by physical labour for its misfeasance
Employee is being charged with criminal offences:
Contract may be terminated by the Employer by giving notice in written form 30(thirty) days in advance:
Employee fails ill or is injured to (other than due to work) and after completion of medical treatment, is not able to perform his previous function or any other function the Employer assigns to him;
Employee does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily;
circumstances have materially changed from the date this Contract was signed to the extent that it is impossible to execute the Contract provided, however,that the parties cannot reach an agreement to amend the contract to reflect the changed
Employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, it is required to reduce the (in legal procedure)
Employee shall not be dismissed :
The Contract has neither expired nor conformed to ,,,;
Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disabled by the Labour Authentication Commission in Baodi County,
The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy;
Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or
applicable PRC laws and regulations otherwise prohibit the termination of this
Contract may be dicharged by the Employee by giving notice in written form 30(thirty) days in However, the Employee may inform the Employer to discharge the Contract at random under the following occasions:
Employee is still in the probationary period;
Employer force the Employee to work by violence, duress or illegal restriction to physical freedom;
The Employer does not pay the remuneration of the Employee accordance with the relevant clause in the Contract;
Employer violates the relevant regulations of State or Tianjin for its terrible safe and health condition, which is harmful to the Employee’s
Contract can not be terminated by the Employee before the expiration if not conforming to , ,
The Employer shall pay the economic compensation to the Employer if the Contract is terminated conforming to ,, Additional fee for medical allowance should be paid to the Employee if the Contract is terminated conforming to
Liabilities
Due to either party’s fault, if breaching the Contract, that party shall undertake the breach liability according to the extent to the performance of the Contract; if the parties both breach the Contract,they shall undertake its separate liability according to the concrete
Due to either party’s fault, if breaching the Contract to damage the other The damage should be compensated by the faulty party accordance with the relevant laws and regulations of
to the force majeure, causing the non-performance or the damages to either party, the other party may not undertake the breach liability;
Employee wants to resign and has received training provided by the Employer, the Employee shall compensate for the training The method of compensation should be fixed according to the relevant company regulations as follows:
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
Disputes
Where a labor dispute between the parties takes place during the performance of this Contract, the parties concerned may seek for a settlement through consultation; or either party may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labor dispute arbitration committee for Either party may also directly apply to the labor dispute arbitration committee for arbitration within 60 days starting from the date of the occurrence of a labor If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people’s court within 15 days of the date of receiving the ruling of arbitration
verification of this Contract shall be made in Baodi Labour Bureau, Tianjin within 30 days after being signed by the
Employer: (official stamp)???????????Employee:
Representative :
Address:??????????????????Address:
Date: July ,20xx
It’s verified herein that the Contract conforms to the relevant laws and regulations through examination and
Authority;
Clerk:
Labour Contract劳动合同英文版