广东省劳动合同英文版(完整版)(DOC13页).pdf

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1、Number:Guangdong ProvinceGuangdong ProvinceLABORLABORCONTRACTCONTRACTDepartment of labor and social security of Guangdong ProvinceLabor and Social Security Hotline:12333InstructionsInstructionsArticle 1 Before signing this contract,the two parties shall read this contract carefully.This contract onc

2、e signed has legal validity,two parties must strictly perform.Article 2 This contract must be signed or sealed by the employers legal representative orthe principal responsible person(Party A)and the employee(Party B),and affix the officialseal of the employer(or the special seal of the labor contra

3、ct).Article 3 The empty column in this contract,should be filled in by two parties throughnegotiation,and shall not violate laws,provisions,and relevant regulations;empty column notneed to be filled in,mark“/”.Article 4 Working hours system is divided into standard working hours,non-fix working hour

4、s,and comprehensive calculation working hours.The irregular working hours,and comprehensivecalculation working hours,should be approved bylabor administration authorities.Article 5 The unfinished matters of this contract,may sign a supplementary agreement,asthe attachment of this contract,and be per

5、formed 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 Repr

6、esentativeID 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,freewill,negotiated consensus and good faith by and between the foresaid the Party A and Party

7、Bin accordance with the Labor Law of the Peoples Republic of China(the RPC Labor Law),the Lawof the Peoples Republic of China on Employment Contracts(the PRC Employment Contract Law)andother relevant laws and regulations of China and of Guangdong Province.Article 1 Term of the Employment ContractArt

8、icle 1 Term of the Employment ContractA.Term of ContractThe Parties agree to determine the term of this Contract pursuant to mode below:1.Fixed Term:From /to /.2.Open-ended Term:From /to the date which stipulated ending conditionoccurs.3.Term to expire upon completion of a certain job:From to thecom

9、pletion of .The symbol of completion of the job shallbe .B.Probation periodThe Parties agree to determinethe term of the probationperiod pursuantto 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

10、a labor contract has a term of more than three months but less than one year,the probationperiod may not be exceed one month;if a labor contract has a term of more than one year and lessthan three years,the probation period may not exceed two months;and if a labor contract hasa term of more than thr

11、ee years or is open-ended labor contract,the probation period may notexceed six months.)Article 2 Job Description and Place of WorkArticle 2 Job Description and Place of WorkA.The department or group at which the Party B works is as:,The position(management and technical or production operational)is

12、 as ,The title(or type of work)isas .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 PartyB due to the needs of production and business operation or other causes,or assign the Party Ato work in the pl

13、ace or unit other than the place or unit providedin this Contract,the Partiesshall reach consensus through negotiation to amend this Contract.The amendment agreementconcluded shall be the appendix of this Contract.Article 3 Working Hours,and Rest and LeaveArticle 3 Working Hours,and Rest and LeaveA.

14、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 hoursa week.Party A shall guarantee that Party B has at least one day off in a week.2.Non-scheduleworking hour system.The position of Party B prac

15、tices non-scheduleworkinghour system after the approval of the labor administration authority.3.System of comprehensive calculation of working hour.The position of Party B practicessystemof comprehensivecalculationof workinghourafter the approvalof the labor administrationauthority;calculation circl

16、e ;total working hours .B.Party A may extend working hours due to the requirement of its production or businessafter consultation with the Trade Union and the Party B,but,with the exception of thecircumstances stipulated in Article 42 of the PRC Labor Law,the extended hours for a day shall generally

17、 not exceed one hour;if such extension is calledfor due to special reasons,the extended working hours shall not exceed three hours a day underthe condition that the health of the Party B is guaranteed.However,the total extension in amonth shall not exceed 36 hours.C.Party A shall provide the Party A

18、 with legal holidays,annual leave,marriage leave,funeral leave,home leave,maternity leave,nursing leave,etc.in accordance with relevantregulations and pay vacation wages according to the wage standard provided by this contract.ArticleArticle4 Labor Remuneration4 Labor RemunerationA.The wage of Party

19、 B for normal working hours shall be paid pursuant to mode belowand 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 pursuantto ;the beginning wage amount is as RMB/month or RMB/hour.(2)

20、The wages of the Party B is as RMB/month in the probationary period(theprobationalsalary shall not be less than the minimum wage of same post and 80 percent of appointedsalary in the contract,not less than the minimum wage standard in where Party A is located.);2.Piecework wage:(1)Unit price:/;(2)La

21、borquotas:/(Thelaborquotasdeterminedgenerallyshallbe the amountof work that over 70%employeesin the same positionof the Party A can finish within legal workinghours.);3.Other compensations(such as the Party A practices a annual salary system or it pays wagesaccording to an assessment term):/.4.Party

22、 A shall determine its wage distribution system in the light of the status quo ofits production and business operation,the price level and wage increase guideline announced bythe government.The specific ways and extent of normal wage increase shall be determined inaccordance with law through mutual

23、consultation between the Parties or through collectivebargaining.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 andmethod:.D.The wages shall be paid in currency instead of ki

24、nd or portfolio.E.Party A shall pay wages of (immediately/previously)month,on ofeachmonth.If the date for wage payment happens to be a legal holiday or a non-businessday,the wagepayment shall be made in advance on the most recent business day.F.If Party A arrangesParty B to work overtime,it shall pa

25、y Party B overtimepay in accordancewith the PRC Labor Law and Provisions of Guangdong Province on Wage Payment,except that PartyB is arranged for compensatory time-off after he/she has been arranged to work overtime onnon-business day.Article 5 Social Insurance and Fringe BenefitsArticle 5 Social In

26、surance and Fringe BenefitsA.During the contractperiod,Party A,in accordancewith the relevantregulationsof nation,province and district,shall pay the pension,medical,unemployment,work injury and maternityinsurance procedures for Party B,and shall pay social insurance fund based on payment base andpa

27、yment ratio by rule.Party B shall undertake his own part of social insurance fund,thepayableamountshallbewithheldbyPartyAfromthePartyBsmonthlywages.Party A shall truthfully inform the situation of handling social insuranceprocedures and withholding social insurance premiums to Party B.B.In case Part

28、y B suffers sickness or non-work-related injury,Party A shall offer PartyB a period of medical treatment and sick-leave treatment stipulated by national and localregulations,pay medical insurance and other medical payment relating to relevant regulations,and pay sickness pay or disease relief during

29、 specified medical period,the amount may beRMB per month(no less than 80%of the local minimum wage standard).Article 6 Labor Protection,Working Condition and Protection Against Occupational HazardsArticle 6 Labor Protection,Working Condition and Protection Against Occupational HazardsA.Party A shall

30、 provide working place conformed to the national labor health standard,inaccordance with labor protection regulationsof the nation and province,and effectivelyprotectthe safety and health of Party B during working production.If Party B may suffer occupationalhazard during production procedures,Party

31、 A shall truthfully inform Party B,and protect thehealth 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 safetyand hygiene conditions in conformity with the relevant laws and regul

32、ations,and provide freephysical examination for Party B every (year/season/month)in accordance with laborprotection provisions.C.Party A must carry out relevant provisionsformulatedby the nation,province and districtfor the labor protection and health-care work of female worker.D.Party B shall have

33、the right to refuse to carry out any dangerous operation forced uponhim/her by Party A.For Party As or its managers behavior which is indifferent to the safetyand health of Party B,Party B may have the right to inform and report to the relevant governmentdepartments.E.If Party B suffer occupational

34、disease,work-related injury or death due to work,PartyA shall handle it in accordance with“work injury insurance regulations”.Article 7 Modification of the Employment ContractArticle 7 Modification of the Employment ContractA.Either of the Parties may modify relevant terms of the Employment Contract

35、 with writtennotice 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 shallcontinuously perform by the unit succeeded P

36、arty As 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 holdsone.Article 8 Cancellation and Termination of the Employment ContractArticle 8 Cancellati

37、on and Termination of the Employment ContractA.Cancellation1.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 Bby rule.2.Party A may terminate the employment contract und

38、er any of the following circumstancesinvolving Party B:(1)Party B been proven to be incompetent for the employing requirement during probationalperiod.(2)Party B seriously breach labor disciplines or regulations stipulated by Party A.(3)Party B neglects his duty and engages in malpractices for selfi

39、sh ends,thus causingsignificant harm to the interests of the Party A.(4)Party B build labor relationships with other units,to cause a seriously impact on thecompletion 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

40、against the true intentionsof Party A through the use of fraud,coercion or exploitationof the unfavorableposition of PartyA,as a result of which this agreement is deemed null and void;(6)Party B is found guilty according to the laws of P.R.C.(7)Party B is ill or injured due to non-workrelation,after

41、 the completionof medical,stillis 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 thecontractunableto perform,and mut

42、ualconsentcan not be reachedin chargeof this laborcontracts.Party A terminate this contract according to item(7),(8)and(9),should notice Party Bin writing before 30 days(or extra pay a month wage to Party B),and pay economic compensationto Party B subject to regulations.If Party A terminate this con

43、tract according to item(7),alsoshall pay medical treatment allowances to Party B conforming to relevant regulations.3.Under any of the following circumstances,Party A can make redundancies stipulated byregulations and procedures,and pay economic compensation to Party B by rule:(1)Party A restructure

44、d 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 resultthe contract unable

45、 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 circumstancesinvolving Party A.Party A shall pay the

46、 economic compensation to Party B by rule:(1)Party A has failed to provide labor protection or working conditions as stipulated inthe 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 accordanc

47、ewith the law;(4)Party As policies violate laws or regulations,thereby infringing upon Party Bs rightsand interests;(5)Party A has concluded or modified the labor contract against the true intentions of PartyB through the use of fraud,coercion or taking advantage of Party Bs unfavorable position,asa

48、 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 Bs rights,as a result of whichthis contract is deemed null and void;(7)Party A violates obligatory provision in laws and regulations,as a result of which thiscon

49、tract is deemed null and void;(8)If Party A uses violence,intimidation,or an unlawful restraint of individual freedomto compel Party B to work,or if Party A instructsParty B to violate the law or engage in hazardouswork that endangers his personal safety.(9)Other circumstances for termination by Par

50、ty B as specified under laws and regulations.If the situationof item(8)occurs,PartyB has the rightto terminatethe contractimmediatelywithout notice Party A in advance.5.Of the any of the following circumstances,Party A can not terminate the labor contracton the basis of article 40 and 41 of the“Labo