2\ During the probation period, how many years do you intend to sign the contract? 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; 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; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
The same employer and the same worker can only agree on a probation period.
A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.
The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.
3\ There is no specific salary requirement, please refer to other local businesses.
No.: _ _ _ _ _ _
Work and work are in the same book.
Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B _ _ _ _ _ _ _ _ _ _ _
Date of Signing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The registered address of Party A is _ _ _ _ _ _ _ _ _.
Party B's _ _ _ _ _ _ _ _ _ _.
The starting date of working in Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code _ _ _ _ _ _ _ _ Account location _ _ _ _ _ Province (city) _ _ _ _ _ _ _ District (county) _ _ _ _ _ _ _ Street (township)
According to the Labor Law of People's Republic of China (PRC) and relevant regulations, Party A and Party B voluntarily sign this contract through equal consultation and jointly abide by the terms listed in this contract.
I. Term of Labor Contract
Article 1 This contract is _ _ _ _ _ _ _ _ _ _ _. This contract will come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the work content
Article 2 Party B agrees to work in _ _ _ _ _ _ _ _
Article 3 Party B's work shall meet the standards of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Three. Labor protection and working conditions
Article 4 Party A arranges Party B to implement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Where the standard working hour system is implemented, Party B shall work 8 hours a day and 40 hours a week. Where the comprehensive working hours system is implemented, the average working hours of Party B shall not exceed 8 hours per day and 40 hours per week. Where the flexible working hours system is implemented, Party B shall arrange the working and rest time by itself under the condition of ensuring the completion of Party A's work tasks.
Article 5 Where Party A arranges Party B to work overtime, it shall abide by the provisions of laws and regulations. Where Party A arranges Party B to extend the working hours, it shall pay no less than150% of the salary; Where Party A arranges Party B to work on rest days and fails to make up the rest days, it shall pay no less than 200% of the salary. Where Party A arranges Party B to work on legal holidays, it shall pay not less than 300% of the salary. Party B's overtime pay base is _ _ _ _ _ _ yuan or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 Party A shall provide Party B with necessary working conditions and tools, establish and improve production technology, and formulate operating rules, work scope and labor safety and health system.
Article 7 Party A shall be responsible for educating Party B on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations.
Fourth, labor remuneration.
Article 8 Party A shall pay Party B the salary in cash before _ _ _ every month, and the monthly salary shall be _ _ _ yuan or _ _ _ _ yuan.
The salary of Party B during the probation period is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 9 If Party B waits for work due to Party A's insufficient production tasks, Party A shall pay Party B a monthly living allowance of RMB or RMB.
Verb (abbreviation for verb) insurance benefits
Article 10 Party A and Party B shall participate in social insurance according to the regulations of the state and ×× city. Party A handles relevant social insurance procedures for Party B. ..
Article 11 The medical treatment for Party B's illness or non-work-related injury shall be implemented in accordance with the relevant regulations of the State and XX City. Party A shall pay sick pay to Party B according to _ _ _ _ _.
Article 12 The treatment of Party B suffering from occupational diseases or work-related injuries shall be implemented according to the relevant regulations of the State and XX City.
Article 13 Party A shall provide Party B with the following welfare benefits: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Six, labor discipline
Article 14 Party A shall formulate rules and regulations and labor discipline according to the needs of production and operation. Where Party B violates labor discipline and Party A's rules and regulations, Party A has the right to handle it according to the rules and regulations until the Contract is dissolved.
Article 15 Party B shall abide by rules and regulations such as labor discipline, labor safety and hygiene, production technology, operating rules and work specifications; Take care of Party A's property and abide by professional ethics; Actively participate in the training organized by Party A to improve their own quality.
Seven. Alteration and rescission of labor contract
Article 16 In any of the following circumstances, Party A and Party B shall change the labor contract and go through the formalities for changing the contract in time: (1) Party A and Party B reach an agreement through consultation; (2) The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform; (3) The laws, regulations and rules on which this Contract is based have changed.
Article 17 According to Item (2) of Article 16, if one party requests to change this contract, it shall notify the other party in writing of the change request, and the other party shall give a written reply to the other party within 15 days (inclusive); Failure to reply within 15 days will be regarded as disagreement to change this contract.
Article 18 The Contract may be dissolved through negotiation between Party A and Party B. ..
Article 19 Under any of the following circumstances, Party A may terminate this contract: (1) Party B is proved to be unqualified for employment during the probation period; (2) Party B has seriously violated the labor discipline or Party A's rules and regulations, and can terminate the labor contract according to Party A's regulations or the agreement in this contract; (3) Serious dereliction of duty and graft, which has caused great damage to the interests of Party A; (4) Being investigated for criminal responsibility according to law.
Article 20 Under any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing 30 days in advance: (1) Party B is unable to take up his original job or the job arranged by Party A after the medical treatment expires, or it does not meet the national and municipal regulations on engaging in related industries and jobs, and Party A cannot arrange another job; (2) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment; (3) The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform, and Party A and Party B cannot reach an agreement on changing the labor contract through consultation.
Article 21 In any of the following circumstances, if Party A really needs to reduce its staff, it shall explain the situation to all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor and social security department before the contract can be terminated: (1) During the period of legal rectification on the verge of bankruptcy; (2) Relocation due to the prevention and control of industrial pollution sources; (3) There are serious difficulties in production and operation.
Article 22 If Party B is in any of the following circumstances, Party A shall not terminate this Contract according to Articles 20 and 21 of this Contract: (1) Party B suffers from occupational diseases or work-related injuries and is confirmed to have reached the disability level; (2) Being sick or injured non-work-related, and within the prescribed medical treatment period; (3) Female employees during pregnancy, childbirth and lactation; (4) Having worked in Party A continuously for more than 65,438+00 years, and less than 5 years before the statutory retirement age; (5) Demobilized veterans who have been working for less than 3 years for the first time; (six) for the first time to participate in the land acquisition and construction of non-workers who have worked for less than 3 years; (7) During compulsory military service; | (8) Within 5 years from the date of being appointed as a collective bargaining representative, during the term of the labor contract.
Article 23 If Party B terminates this contract, it shall notify Party A in writing 30 days in advance, and Party A shall handle relevant formalities. Except that the economic losses caused by Party B to Party A have not been dealt with.
Article 24 Under any of the following circumstances, Party B may notify Party A to terminate this contract at any time: (1) During the probation period; (2) Party A forces labor by means of violence, threat or illegal restriction of personal freedom; (3) Party A fails to pay labor remuneration or provide working conditions as agreed in this Contract; (4) Party A fails to pay social insurance premiums for Party B according to law.
Article 25 After the expiration of this contract, if Party B requests to dissolve the labor relationship because Party A has not gone through the termination procedures, the labor relationship will be dissolved immediately.
Eight. Termination and renewal of labor contract
Article 26 This contract shall be terminated under any of the following circumstances: (1) The term of the contract expires; (two) the termination conditions stipulated in the contract appear; (3) Party B meets the statutory retirement conditions; (4) Party A is bankrupt or dissolved according to law; (five) other circumstances stipulated by laws, regulations and rules.
Article 27 30 days before the expiration of this contract, Party A shall notify Party B in writing to terminate or renew the labor contract. Where Party A fails to notify Party B to terminate the Labor Contract in advance, it shall pay Party B compensation of 65,438+0 days' salary for every delay of 65,438+0 days, based on the average daily salary of Party B last month.
Article 28 In any of the following circumstances, the labor contract shall be renewed and the renewal procedures shall be handled in time: (1) Party A and Party B agree to renew the labor contract; (2) Upon the expiration of this contract, the labor relationship still exists without going through the formalities of dissolving the labor contract, and Party B requests to renew the labor contract. In the case of Item (2) of this article, if both parties fail to reach an agreement on the renewal period of the labor contract, the renewal period of the labor contract shall not be less than 12 months from the date of signing; If Party B meets the conditions for renewing the open-ended labor contract, Party A shall sign an open-ended labor contract with it.
Nine. Economic compensation and compensation
Article 29 Under any of the following circumstances, Party A shall pay economic compensation to Party B according to the following standards: (1) Where Party A deducts or delays the payment of Party B's salary without reason, or refuses to pay Party B's salary for extended working hours, it shall pay economic compensation equivalent to 25% of the salary in addition to paying the salary in full; (2) If the salary paid to Party B is lower than the minimum wage standard in XX, it shall make up the part below the standard and pay the economic compensation equivalent to 25% of the part below.
Article 30 Under any of the following circumstances, Party A shall pay the economic compensation of 1 month salary for every job 1 year, and if it is less than 1 year, it shall pay at most 12 month salary: (1) (2) Party B is incompetent for the job, and Party A is still incompetent for the job after training or post adjustment, and Party A terminates this contract. (3) Upon the expiration of this Contract, if the termination formalities are not handled due to Party A's reasons, the labor relationship still exists, and the labor relationship shall be dissolved by both parties through negotiation.
Article 31 Under any of the following circumstances, Party A shall pay Party B the economic compensation equivalent to Party A's average monthly salary 1 year according to Party B's working years in Party A; If it is less than 1 year, it shall be calculated as 1 year. If the average monthly salary of Party B before the termination of this Contract is higher than that of Party A in 65,438+02 months, it shall be calculated by himself. (2) The objective circumstances on which this Contract was concluded have changed greatly, which makes this Contract impossible to perform, and Party A and Party B cannot reach an agreement on changing this Contract through negotiation; (3) Party A cuts staff.
Article 32 The calculation and payment standard of economic compensation paid by Party A to Party B shall not be lower than the minimum wage standard of XX.
Article 33 After the termination of this contract, if Party A fails to pay economic compensation to Party B as required, it shall pay 50% of the economic compensation in addition to full payment.
Article 34 If Party A terminates the Labor Contract according to Item (1) of Article 20 of this Contract, it shall pay medical subsidy of not less than 6 months' salary. 50% Medicaid for seriously ill patients and 0/00% for terminally ill patients.
Article 35 If Party A terminates the labor contract in violation of the provisions of this contract or concludes an invalid labor contract due to Party A's reasons, thus causing damage to Party B, it shall be liable for compensation according to the degree of loss.
Article 36 The compensation standard for Party B's breach of this contract to terminate the contract is _ _ _ _ _ _
Article 37 If Party B is dissolved by Party A due to the circumstances specified in Item (2) and Item (3) of Article 19 of this contract, and thus causes losses to Party A, it shall be liable for compensation.
Article 38 If Party B terminates the labor contract in violation of the conditions agreed in this contract or infringes on business secrets, thus causing economic losses to Party A, it shall be liable for compensation according to law. Both parties agree that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
X. other contents agreed by the parties.
Article 39 Party A and Party B agree to add the following contents to this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
XI。 Labor disputes and other handling
Article 40 In case of any dispute arising from the performance of this Contract, both parties may apply to the Labor Dispute Mediation Committee of Party A for mediation. If mediation fails, it shall apply to the Labor Dispute Arbitration Committee for arbitration within 60 days from the date of occurrence of the labor dispute. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration.
Article 41 The annex to this contract is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 42 In case of matters not covered in this contract or contrary to the relevant provisions in the future, the relevant provisions shall prevail.
Article 43 This contract is made in duplicate, with each party holding one copy.
Party A's (official seal) legal representative or entrusted agent of Party B (signature or seal) Date of signature: year month day visa officer (signature or seal) Date of signature: year month day.
Work, work, cooperation and renewal
The term of this renewal of the Labor Contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (seal) and Party B (signature or seal) designate nominees or entrusted agents (signature).
date month year
The term of this renewal of the Labor Contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (seal) and Party B (signature or seal) designate the nominee or entrusted agent (seal) by law.
Work, sports, unity, change, change.
On the basis of equality and voluntariness, Party A and Party B agree to make the following changes to this contract through negotiation: Party A (seal) and Party B (signature or seal) appoint an agent or entrust an agent (signature or seal) on.
Use it to explain.
1. The employer may use this contract when signing a labor contract with the employee.
2. When the employer and the employee sign a labor contract with this contract, all the contents that need to be agreed upon by both parties shall be filled in the corresponding space after consultation.
When signing the labor contract, Party A shall affix its official seal; The legal representative or entrusted agent shall sign or seal himself.
Three. The terms to be added through negotiation between the two parties are agreed in Article 39 of this contract.
4. If other contents agreed by both parties cannot be filled in this contract and the labor contract is changed, a separate page can be attached.
5. This contract shall be filled in with pen or signature pen, with clear handwriting and concise and accurate words, and shall not be altered.
6. This contract is made in duplicate, each party holds one copy, and Party A shall not keep one copy handed over to Party B. ..