中国劳动合同书-中英文版本(共27页).doc

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1、精选优质文档-倾情为你奉上编 号 劳 动 合 同 书甲 方（用人单位）： 乙 方（劳 动 者）： 大连市人力资源和社会保障局制二一四年三月 LABOR CONTRACTIn accordance with the Labor Law of the Peoples Republic of China, the Labor Contract Law of the Peoples Republic of China and the Regulations on the Implementation of the Labor Contract Law, Party A and Party B foll

2、ow the principles of legal fairness, equality, voluntariness, consensus and good faith. This contract, and commitment to common compliance. Shanghai XXXXX Co., Ltd. (hereinafter referred to as Party A)AndName of Employee:_ Identification Card No.: _(hereinafter referred to as Party B)Article 1Term o

3、f Contract and Probation Period1. The term of this Contract shall be _ years _ months, from dd mm yy to dd mm yy, during this: there shall be a probation period of _ years _ months, from dd mm yy to dd mm yy.2. This Contract shall take effect on the day Party B actually commences work for Party A.3.

4、 During probation period, Party A shall perform a performance review on Party B, and shall decide whether to formally hire Party B based on Party Bs work performance and capabilities. The probation period shall end upon notice from Party A of Party Bs formal hiring, and Party B shall become Party As

5、 formal employee. In the event that Party A does not believe that Party B fully meets hiring conditions, Party A may extend the probation period in accordance with applicable rules. During the probation period, in the event that Party A does not believe that Party B meets hiring conditions and decid

6、es not to hire Party A, this Contract shall be terminated automatically. 4. On the day Party B reports to work, Party B shall provide Party A with the labor certificate or relevant severance certificates from Party Bs previous employer. In the event such proof is not provided within half a month, Pa

7、rty B must have a reasonable application and may get an extension only after Party A gives consent, and said extension shall not exceed one month. In the event that Party B fails to provide relevant proof within the prescribed timeframe, this Contract shall be automatically terminated.Article 2Job P

8、ost and Job Duties 1. Party B shall hold the position of _ with the department of _. Party B shall complete his work according to the job duties defined by Party A. 2. Party A may change Party Bs job due to Party As business need or due to Party Bs capabilities or performance. Party B shall have the

9、 right to make his own comment, but shall comply with Party As work arrangements,and shall complete the procedures for change according to the rules.Article 3Work Conditions and Labor Protection 1. Party A shall implement a 40-hour work week system. Due to business needs, management, sales and servi

10、ce departments, etc., shall implement an irregular work system or comprehensive work hour system. 2. In the event that Party A needs Party B to work overtime due to business needs, Party A may provide makeup breaks or compensation. 3. Party A shall provide Party B with a work environment and labor p

11、rotection measures consistent with the requirements of the Chinese Government.Article 4Compensation 1. In accordance with the current salary system of Party A, Party Bs total monthly salary shall be RMB_. At the end of the probation period, Party Bs monthly salary shall be issued in the following ma

12、nner. a. The base amount shall be RMB_ , of which _% shall be the performance review bonus, which shall be issued after being floated according to Party As performance review system. b. The salary shall be RMB_, plus a bonus. The bonus shall be issued in accordance with relevant requirements of Part

13、y A. 2. Party A shall issue the salary for the previous month on the 10th of each month. 3. Party Bs personal income adjustment tax shall be borne by Party B himself, and shall be withheld by Party A. 4. Party A may pay Party B a certain amount of subsidies and bonuses depending on the business oper

14、ating status and Party Bs work performance. 5. In the event that Party A implements a new salary system, adjusts salary levels or in the event that Party Bs duty post and position is changed, Party A may make an adjustment to Party Bs salary in accordance with the relevant rules.Article 5Labor Insur

15、ance, Welfare and Benefits 1. Party shall pay relevant social insurance to designated authorities on Party Bs behalf in a timely manner in accordance with government requirements. 2. Party B shall be entitled to legal holidays specified by the Chinese Government, as well as paid leaves, such as annu

16、al vacations, marital leave, bereavement leave and maternity leave, etc. 3. During Party Bs employment with Party A, in the event of Party Bs sickness or non-job related injuries, Party B shall set Party Bs medical leave in accordance with government requirements.Article 6Labor Discipline 1. Party B

17、 shall strictly comply with the various rules and regulations prepared by Party A in accordance with law. 2. In the event that Party B has complied with rules and regulations in an exemplary manner or in the event that Party B has violated such rules and regulations, Party A shall reward and discipl

18、ine Party B, as the case may be.Article 7Termination of, Changes to, Renewal and Dissolution of Labor Contract 1. Upon the occurrence of any one of the following circumstances, this Labor Contract shall be terminated: a) The expiration of this Labor Contract; b) Party A has been declared bankrupt in

19、 accordance with law; c) Party A has been dissolved or revoked in accordance with law; d) Party Bs retirement, severance or death; e) Other circumstances specified by laws and regulations; 2. This Labor Contract may be terminated upon consensus between Party A and Party B; 3. Upon its expiration, th

20、is Labor Contract may be renewed upon mutual agreement between Party A and Party B; 4. Due to change of products, adjustment to business operations or due to policy adjustments and other changes of circumstances, Party A may change the relevant contents of this Contract and complete the procedures f

21、or such changes; 5. Party B may terminate this Labor Contract at any time upon the occurrence of any one of the following circumstances: a) Party B is in the probation period; b) Party A forces Party B to perform labor through force, threat or illegal restriction on Party Bs personal freedom; c) Par

22、ty A fails to pay labor compensation or provide work conditions; d) Upon confirmation by labor protection and labor health oversight authorities, Party As work safety and health conditions do not meet the standards of laws and regulations; 6. Party B must give Party A 30 days of written notice when

23、it requests termination of this Labor Contract. In the event that any special provisions have been covenanted regarding the deadline for advance notice, the requirement for such a prescribed deadline shall be met. 7. Upon the occurrence of any one of the following circumstances, Party A may terminat

24、e this Labor Contract, but must give Party B 30 days of written notice: a) In the event that Party B becomes sick or suffers non-work related injuries, after Party Bs medical leave has ended, Party B still has not recovered, or although Party B has recovered, Party B cannot perform the work on the o

25、riginal duty post or any other work arranged by Party A; b) Party B is incompetent, and still remains incompetent even after training or even though Party Bs duty post has been adjusted; c) There have been major changes to in objective circumstances used as the basis for the execution of this Labor

26、Contract, rendering it impossible to perform the original Labor Contract, and the parties are still not able to reach an agreement on changes to this Labor Contract after their consultations; 8. Party B may terminate this Labor Contract at any time upon the occurrence of any one of the following cir

27、cumstances on Party Bs part: a) Party B proves that Party A has not met the hiring conditions during the probation period; b) The cumulative number of days of Party Bs absence without leave and leave exceeds the number of days allowed by Party A; c) Party B seriously violates the labor discipline or

28、 the rules and regulations of the company; d) Party B neglects his duty and is engaged in malpractice for personal gains, causing substantial loss to Party A; e) Party B is held criminally liable in accordance with law; and f) Other circumstances specified by laws and regulations. 9. The performance

29、 of this Labor Contract shall be suspended upon the occurrence of any one of the following circumstances: a) Party B is drafted into military service or performs other legally mandated obligations specified by the state; b) Party B is temporarily unable to perform the obligations under this Labor Co

30、ntract, but there are still conditions and possibilities for the employee to continue to perform them; and c) Other circumstances set forth by laws and regulations or covenanted by this Labor Contract.Article 8Liabilities for Breach of This Labor Contract 1. Upon the termination, dissolution of this

31、 Labor Contract or upon the occurrence of liability for breach of same, legal liabilities shall be undertaken in accordance with the applicable provisions of the Labor Law and state laws and regulations. In the event that any economic losses or damages have been caused to the other party, liabilitie

32、s for damages shall be in accordance with law. 2. In the event that when Party A terminates this Contract in accordance with Section 7, Article 7, and Party B terminates this Contract in accordance with Section 7, Article 7 and Clause 2, Section 2, Article 9, if no advance notice is given in accorda

33、nce with the prescribed requirements or if advance notice is insufficient, compensation shall be paid at the number of deficient days multiplied by the average number of days of Party Bs actual monthly salaries. 3. When Party B is engaged in professional and technical work or has access to Party As

34、trade secrets or in the event Party B terminates this Contract in violation of Clause a, Section 2 and Section 3 Article 9 during the period of required service, Party B shall be liable for breach of contract and pay a penalty equivalent to three months salaries. 4. In the event Party B has received

35、 training funded by Party A and terminates this Contract in violation of Clause a to Clause e, Section 8, Article 7 during the period of required service, Party B shall compensate Party A for the training fee, which shall be decreased by the year in accordance with the applicable state requirements.

36、Article 9Other Matters Covenanted By the Parties Through Consultations 1. Confidentiality a) Party A maintains a strict policy on confidentiality. Any violation by Party B of the confidentiality rule shall be a serious violation of this Contract. Upon severance, Party B shall not photocopy, take awa

37、y or disclose in any manner any documents or information belonging to Party A, and shall maintain trade secrets for Party A. 2. Denial of Access to Secrets a) Party B shall maintain trade secrets for Party A. Relevant workers who engage in professional and technical work or who have access to trade

38、secrets shall give Party A three months of written notice when they request termination of their labor contracts. During this time, Party A may take corresponding measures to deny access to secrets. b) During Party Bs denial of access to secrets, Party A shall have the right to adjust Party Bs duty post, and may adjust Party Bs duty post salary based on the current duty post. 3. The Required Service Period a) In the event that Party A has spent funds to hire Party B, has provided traini