Labor Contract for Catering Industry 1 Name of Party A (Employer):
Legal representative:
Address:
Contact telephone number:
Name of Party B (laborer):
Home address:
Resident identity card number:
Contact telephone number:
According to the Labor Law of People's Republic of China (PRC) and relevant national regulations, Party A and Party B sign this Labor Contract on the principle of equality, voluntariness and consensus through consultation.
I. Term of Labor Contract
This Labor Contract starts from the date of the month and ends on the date of the month. Among them, the probation period is from _ _ _ _ to _ _ _ _.
Risk warning:
The probation period is included in the term of the labor contract, and the restrictions on the length of the probation period in the labor contract law are stipulated according to the term of the contract, such as:
1. If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month;
2. If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months;
3. If the term of the labor contract is more than three years, the probation period shall not exceed six months.
Second, the work content and working hours
1. According to Party A's work needs and post requirements, Party B agrees to work in the post of _ _ _ _. With the consent of both parties, the post can be changed, and the change agreement signed by both parties is an annex to this contract.
2. Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
3. Party B's daily working hours shall not exceed _ _ _ hours, and the average weekly working hours shall not exceed _ _ _ _ hours.
When Party A is unable to implement the preceding paragraph due to production characteristics, with the approval of the administrative department of labor and social security, it may implement a comprehensive working hour system or an irregular working hour system.
Third, labor remuneration.
1. Party A shall pay Party B's salary on a monthly basis in cash, and pay the salary on _ _ _ _ _ _ _ _ _ _.
2. The salary during the probation period is _ _ _ _ _ yuan/month.
3. Where Party A implements the hourly or post wage system, the monthly salary for normal working hours is RMB/month.
If piecework wage is implemented, the monthly basic salary is _ _ _ _ yuan, and the piecework unit price is _ _ _ _ _ yuan or _ _ _% of the completed workload.
Where Party A provides accommodation or is equivalent to providing accommodation, it will not be included in Party B's salary.
4. If Party A arranges Party B to extend working hours according to the requirements of relevant laws and regulations, it shall pay no less than _ _ _% of Party B's salary; If Party B is arranged to work on the rest day and cannot make up for the rest day, Party B shall pay no less than _ _ _% of Party B's salary; Where Party B is arranged to work on legal holidays, it shall pay no less than _ _ _% of Party B's salary.
Four. Labor protection and working conditions
1. Party A shall implement special labor protection for female workers and underage workers in accordance with relevant state regulations.
2. The basic living conditions such as dormitories provided by Party A for Party B must meet the safety and health requirements.
3. Party A must educate and train Party B in professional ethics, business technology, labor safety and health and relevant rules and regulations.
Verb (abbreviation of verb) social insurance
Risk warning:
Paying social insurance is the legal obligation of enterprises. Even if employees agree not to pay social insurance, they have signed relevant agreements, which cannot exempt enterprises from the obligation to pay social insurance for employees. Therefore, it is necessary for enterprises to pay social insurance for workers, otherwise, when employees defend their rights through legal procedures, employers will pay the corresponding price.
1. Party A shall pay the basic pension, medical care, unemployment, work injury and maternity insurance fees for Party B according to national and local laws, regulations and policies on social insurance; Party A may withhold and remit individual social insurance contributions from Party B's salary.
2. The treatment of Party B during pregnancy, childbirth and lactation shall be implemented according to the relevant national and local maternity insurance policies.
Six, labor discipline
1. Before signing this labor contract with Party B, Party A shall inform Party B of the labor rules and regulations that should be observed according to law, and Party B shall sign it as evidence.
2. Party B consciously abides by relevant labor laws and regulations and various rules and regulations formulated by Party A according to law, strictly abides by safety operation rules, obeys management, and completes work tasks on time.
3. If Party A arranges Party B's work illegally, immorally or impairs Party B's physical and mental health, Party B has the right to refuse.
4. Party B has the obligation to keep Party A's business secrets. Without Party B's consent, Party A shall not disclose or divulge Party B's personal data.
Risk warning:
It is suggested that five types of posts sign non-competition agreements respectively to protect the company's business secrets:
1, senior management-mastering a large number of business secrets of enterprises;
2, technical research and development personnel-master the technical secrets of enterprises;
3, senior marketing personnel-directly holding a large number of customer resources;
4, important information officer-master all kinds of research data in the enterprise, etc. ;
5. People in important management positions, such as human resources, financial management, legal management, etc., hold many key information of the company;
Note: The company's payment of economic compensation to the above-mentioned employees is the premise for employees to fulfill their obligations of non-competition, and the scope, region and duration of non-competition are also strictly stipulated by law. A little carelessness may lead to the invalidation of the agreement. If the enterprise needs it, please give it to a professional lawyer for customization.
5. If Party B violates labor discipline, Party A can handle it according to the rules and regulations of the unit.
Seven. Dissolution and termination of labor contract
1. The unilateral dissolution of this contract by Party A and Party B shall comply with Articles 25, 26, 27, 3 1 and 32 of the Labor Law. In case of any of the circumstances specified in Article 29 of the Labor Law, Party A shall not terminate the Contract at will.
2. This Labor Contract will be terminated upon expiration. Party A and Party B can renew the Labor Contract through negotiation.
3. After the dissolution or termination of this Labor Contract, Party A and Party B shall handle the relevant procedures for dissolution of this Labor Contract within seven days.
Eight. Economic compensation and compensation
1. When Party A dissolves Party B's labor contract according to law, it shall implement the provisions on paying economic compensation. Party B dissolves the Contract according to the provisions of Item (2) and Item (3) of Article 32 of the Labor Law, and Party A shall pay economic compensation to Party B according to the provisions.
2. If the salary paid by Party A to Party B is lower than the local minimum wage standard, it shall pay compensation according to law while making up the part below the standard.
Nine. Handling of labor disputes
In case of any dispute between Party A and Party B during the performance of this Labor Contract, it can be settled through negotiation first. Unwilling to negotiate or failing to do so, they may apply to the Labor Dispute Mediation Committee for mediation; Unwilling to mediate or failing to mediate, you may apply to the local labor dispute arbitration committee for arbitration within 60 days from the date of the dispute. If you are not satisfied with the arbitration award, you can bring a lawsuit to the local people's court within 15 days.
X this labor contract is made in duplicate, with each party holding one copy. This labor contract shall come into effect as of the date of signature and seal by both parties.
Party A (official seal):
Signature of legal representative or entrusted agent:
Date:
Party B (signature)
Date:
Labor Contract for Catering Industry 2 Party A:
Party B:
Gender:
Date of birth:
Ethnic groups:
Education level:
Resident identity card number:
Home address:
Postal code:
Telephone:
On the basis of equality, voluntariness and consensus, Party A and Party B reach an agreement and sign this contract for mutual compliance. At the same time, Party B has been informed of Party A's entry requirements and personnel management system, and agreed to abide by all regulations.
Article 1: Service Content
Party A employs Party B as the post to complete dishes and produce finished products to ensure the stability of dishes.
Article 2: Term of Contract
The probation period of Party B is three months, that is, from XX to XX. If Party B continues to employ and sign a formal contract after the expiration, the minimum contract period is one year.
Article 3: Working hours
1, working 7 days a week, and the commuting time shall be implemented according to the regulations of the personnel department of Party A. ..
2. Party A shall give Party B two days' holiday every month, which shall be arranged reasonably by Party A without affecting normal business. When the work is busy, Party B shall not take a vacation and shall obey the arrangement of Party A..
Article 4: Labor Remuneration and Treatment
1. The basic salary of Party B is RMB yuan per month, and the payment time is 10 day per month.
2. Party A shall provide Party B with working meals and dormitories during the employment period free of charge.
3. Party B's salary shall be implemented according to Party A's quality performance appraisal system. ..
Article 5: Rights and obligations of Party A.
1. Party A has the right to supervise the production, quality and working attitude of Party B's dishes.
2. Party A has the right to adjust the salary reasonably according to Party B's technical level, labor attitude and work efficiency.
3. Party A has the right to ask Party B to make reasonable compensation for the mistakes caused by Party B (such as the quality of the dishes, which caused the customer to be injured). In case of gross negligence, in addition to reasonable compensation, Party A has the right to unilaterally terminate the labor contract.
4. Party A has the right to conduct daily management of Party B according to Party A's management system. If Party B violates Party A's management system, Party A has the right to give corresponding punishment until the labor contract is terminated.
Article 6: Rights and obligations of Party B
1. Party B promises to work in Party A's hotel on, and shall not affect the normal operation for personal reasons.
2. While ensuring the quality of the dishes, Party B will constantly bring forth the old and bring forth the new, so as to be new, strange, special and fresh, and timely introduce seasonal and holiday dishes.
3. If customers complain about returning goods due to the quality problems of Party B's dishes, Party B shall bear the losses.
4. Party B must unconditionally abide by Party A's management system and employee handbook. If Party B violates labor discipline and causes losses to the hotel, Party A has the right to claim compensation from Party B and pursue legal responsibilities according to law.
5. After being hired by Party A, Party B shall not take part-time jobs.
6. Party B shall take good care of Party A's property and keep Party A's business secrets.
7. Party B shall pay the contract deposit to Party A before joining the company, the amount of which shall be Party B's monthly salary or deducted within three months. After the expiration of the contract, the deposit will be refunded together with the salary after Party B completes the follow-up work.
8. If both parties reach a standstill agreement, Party B can only leave after Party A finds the chef, otherwise the consequences will be borne by Party B..
Article 7: Breach of responsibility
1. Party B's application for employment in a foreign company during Party A's work must be approved by Party A, otherwise Party A has the right to terminate the labor contract and deduct Party B's monthly salary and contract deposit.
2. During Party A's work, Party B shall not resign without reason, otherwise Party A has the right to deduct all expenses due to Party B. ..
Article 8: Matters not covered in this contract shall be settled by both parties through friendly negotiation. If there is any labor dispute, you can apply to Party A and other local arbitration committees.
Article 9: This Agreement shall come into force as of the date of signature, and any amendment shall be null and void.
Article 10: This contract is made in duplicate, with each party holding one copy, all of which are equally authentic.
Name of Party A: Name of Party B:
Signature of Party A's Representative: Signature of Party B's Representative:
Date: Date: