Model Of Gansu Labor Contract

Name of unit (Party A)

Employee name (Party B)

The name of Party A (employing unit):

Nature of ownership:

Address:

Legal representative: (principal agent)

Name of Party B (worker):

Gender:

Date of birth:

Degree of education:

Domicile:

ID number;

labour

External Employment Permit No.:

Current address:

Party A and Party B, on the basis of equality, voluntariness and consensus, have signed the contract according to the relevant laws and regulations of the state and the province, and jointly abide by the implementation.

I. contract period

This contract is

Two, work content

Party A arranges Party B to work according to the needs of production and work of the enterprise.

Party B agrees to work in the post according to Party A's production needs.

Three.

1, Party A shall provide Party B with the necessary production (work) conditions and labor protection facilities in accordance with the relevant provisions of the State concerning safety in production, labor protection, health and health, and labor protection articles that are not lower than those stipulated by the state.

2, Party B has the right to refuse Party A's violation of orders, ignore Party B's safety and health behavior to Party A and its management personnel, have the right to criticize and inform and prosecute the relevant departments.

Four, working hours and labor remuneration

1, Party A shall carry out an average of 8 hours per day, with an average hourly working hour per week, according to the relevant regulations of the State Council on the working hours of workers.

Party A can extend the working time by consultation with the trade union and Party B for the production (work) needs. It does not exceed l hours a day. In special cases, it does not exceed 3 hours a day, and it can not exceed 36 hours per month.

2, during the contract period, Party A shall pay Party B's wages, bonuses, allowances and subsidies according to the provisions of the state and enterprises, and Party A shall pay Party B's wages not lower than the minimum wage stipulated by the Shanxi Provincial People's government.

3. Party A arranges Party B to work overtime and arrange work on statutory days off on rest days. Party B shall arrange for the same period of time to pay the rest or pay the corresponding wages according to the state regulations.

Five. Labor discipline

1, Party A shall formulate various rules and regulations in accordance with the relevant provisions of the state.

2, Party B should strengthen the sense of ownership, strictly abide by the laws and regulations of the state, abide by the rules and regulations of Party A, obey Party A's leadership, management and command, and do a good job in completing work tasks.

Six, social insurance and welfare benefits

1, Party A shall pay labor insurance premiums to Party B according to the regulations of the state and province.

2, Party B's welfare benefits such as sabbatical leave, family leave, marriage and funeral leave, and maternity leave for female workers during the contract period shall be implemented according to the relevant regulations of the state and the province.

3, Party B suffers from occupational disease or injury due to work, sickness or non work injury, because of death due to work or non work, the treatment of women workers during pregnancy, maternity leave and breastfeeding shall be carried out in accordance with relevant provisions of the state and province.

Seven. Education and training

1, Party A shall provide Party B with all kinds of necessary political, ideological and moral education, vocational skills and pre job training.

2, Party B should work hard to reach the state's professional skill standards or technical grade standards and hold certificates.

3, after Party A's contribution to training party B, Party B shall serve the party a year, otherwise Party B shall pay Party A's training fee according to the relevant regulations.

Eight. Termination, alteration, rescission and renewal of contracts.

1, when the labor contract expires or the conditions for termination of labor contract stipulated by Party A and B appear, the labor contract will be terminated.

2, under the following circumstances, Party A and Party B may change the relevant contents of the contract.

(1) the production and operation of Party A has changed and the two sides have agreed with each other.

(2) Party A and Party B agree to negotiate without prejudice to the interests of the state, the collective and others.

(3) the laws, regulations, rules and policies on which the contract is based has been amended;

(4) due to force majeure, the contract can not be fully fulfilled.

(5) other circumstances stipulated by laws and regulations.

3, one of the following circumstances, Party A can terminate the labor contract.

(1) during the probation period, Party B is proved to be inconsistent with the terms of employment.

(2) Party B seriously violates labor discipline and Party A's rules and regulations.

(3) Party B is seriously dereliction of duty, engaging in malpractices for personal gains, causing great damage to the interests of Party A.

(4) Party B is investigated for criminal responsibility according to law.

4, Party A may terminate the labor contract in any of the following circumstances, but notify Party B in written form 30 days in advance.

(1) if Party B is ill or not injured by work, he may not engage in the original work nor engage in any other work arranged by Party A.

(2) Party A is on the verge of bankruptcy and is in serious difficulties during the period of statutory rectification or production and operation.

(3) Party B is not competent for the job. After training or adjustment, it is still not competent for the job.

(4) neither party nor party can reach an agreement on changing the labor contract.

5. Party A shall not terminate the labor contract under any of the following circumstances.

(1) Party B suffers from occupational disease or injury due to work.

(2) Party B is ill or injured.

(3) Party B during pregnancy, childbirth and breastfeeding;

(4) others conform to the provisions of laws and administrative regulations.

6, Party B shall notify Party A in written form 30 days ahead of time when it requests to terminate the labor contract.

7, one of the following circumstances.

(1) Party A coercion labor by means of threats of violence or illegal restrictions on personal freedom.

(2) by the state departments concerned, labor safety and hygiene conditions are bad, seriously endangering Party B's physical and mental health.

(3) Party A can not pay labor remuneration and provide welfare benefits in accordance with the labor contract.

(4) military service in accordance with the law or by the consent of Party A at the expense of secondary school or above.

Nine. Both parties agree to agree on other matters that need to be agreed.

Ten, liability for breach of contract

1. Due to the fault of either party, Party A and party, the contract cannot be performed or can not be fully performed by the party and party.

The fault party shall bear legal liability; if it is a fault of both parties, the two parties shall bear legal liabilities respectively according to the actual situation.

2, if a force majeure causes failure to perform the contract or a party suffers damage, it may not be liable.

3. Any party who violates the contract shall pay liquidated damages to the other party.

4. Any party who violates the contract and causes damage to the other party shall be punished according to the consequences and responsibilities.

Customs regulations are directed to pay compensation for each other.

Eleven. Contract verification and labor dispute handling

After the labor contract is signed, it should be certified by the labor department at the same level, and the content of the labor contract after verification shall be reconfirmed.

If a dispute arises between the two parties in the execution of the contract, the parties concerned should resolve it through consultation. If they do not want to negotiate or fail to negotiate, they may apply for mediation to the labor dispute mediation committee of the enterprise. If mediation fails, they may apply for arbitration to the labor dispute arbitration committee at the place where the enterprise is located.

Twelve. If the contract or the terms and conditions of this contract are inconsistent with the laws, regulations, rules and policies, it shall be implemented according to the relevant regulations of the state.

Thirteen. The contract will come into force on the date of the month.

Party A (Gai Zhang) Party B (Gai Zhang)

Legal representative (principal agent) (seal)

Contract signing date: year, month and date

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