Model Of Beijing Labor Contract

Party A Party B
Degree of Education
Gender
The date of birth of the legal representative - - year - month - day
Or principal agent ID card number zip code
Home address of Party A
Subdistrict offices

According to the labor law of the People's Republic of China, both parties have signed the contract voluntarily and agreed to abide by the terms and conditions of this contract.

I. term of labor contract

Article 1 the term of this contract is the term contract.
The effective date of this contract - year - month - day, the trial period - - month.
This contract ends.

Two, work content

Second party B agrees to work as a post according to the work needs of Party A.

Third party B shall fulfill the prescribed quantity of work on time and meet the required quality standards in accordance with Party A's legitimate requirements.

Three, labor protection and labor conditions

Fourth party a arranges Party B to execute the work system.
Party A shall arrange for Party B to work no more than eight hours per day, with an average of no more than forty-four hours per week. Party A guarantees Party B to have at least one day's rest a week. Party A can extend the working hours after consultation with the trade union and the party due to the need of work. Generally, it can not exceed one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of Party B, the extension of working hours shall not exceed three hours per day, and shall not exceed thirty-six hours per month.
The average daily and average weekly working hours for executing the comprehensive computation work hour system do not exceed the statutory standard working hours.
Party B shall make arrangements for the implementation of the irregular working system and work and rest on the condition that the work of Party A is guaranteed.

Fifth if Party A arranges Party B to work overtime, Party B shall be arranged to make the same time to make up for rest or pay overtime wages according to law.

Sixth Party A shall provide Party B with the necessary working conditions and labor tools, establish and establish the production process, formulate operation rules, work standards and labor safety and health system and standards.
Party A shall arrange for Party B to carry out health examination in accordance with the relevant regulations of the state or Beijing.

Seventh Party A shall be responsible for the education and training of Party B on political ideology, professional ethics, business technology, labor safety and health and related rules and regulations.

Four, labor remuneration

Eighth the wages of Party A should follow the principle of distribution according to work.

Ninth Party B shall work for Party A who performs regular working hours or comprehensive calculation of work hours. Party A shall pay Party B's wages in the form of currency every month, and the wages shall be no less than - yuan, of which the salary during probation period is - yuan.
The implementation of wage payment for irregular working hours is based on - - execution.

Tenth, because Party A's production task is insufficient, so that Party B is laid off for work, Party A guarantees that Party B's monthly living expenses shall be no less than - yuan.

Five, insurance benefits

The Eleventh Party A and B should pay the pension, unemployment and medical expenses for serious illness and other social insurance expenses according to the relevant provisions of the state and Beijing social insurance.
Party A shall fill in the employee pension insurance manual for Party B. After the two sides terminate and terminate the labor contract, the manual for workers' endowment insurance is transferred according to relevant regulations.

Twelfth Party B suffers from sick or non work related injuries, and the sick leave, sickness relief and medical treatment are in accordance with - - execution.

Thirteenth, the wages and medical insurance benefits of Party B suffering from occupational diseases or work-related injuries shall be carried out according to the relevant provisions of the state and Beijing Municipality.

Fourteenth Party A provides Party B with the following welfare benefits -- -- --

Six. Labor discipline

Fifteenth Party B shall abide by the rules and regulations laid down by Party A in accordance with the law: strictly observe labor safety and hygiene, production technology, operation rules and work norms; protect the property of Party A and abide by professional ethics; actively participate in the training of Party A's organization, and improve ideological awareness and professional skills.

Sixteenth Party B violates labor discipline, Party A can give disciplinary action according to the rules and regulations of the unit until the contract is terminated.

Seven. Alteration, dissolution, termination and renewal of labor contracts.

Seventeenth the changes in the laws, administrative regulations and rules that are based on this contract shall be changed in this contract.

The eighteenth is that the objective conditions that are made on the basis of this contract have changed significantly, resulting in the failure of this contract to be fulfilled.

The nineteenth article is agreed by both parties and the contract can be terminated.

Twentieth Party A may terminate this contract in any of the following circumstances:
1. during the probation period, it is proved that it does not meet the recruitment requirements.
2. serious violation of labor discipline or Party A's rules and regulations;
3. serious dereliction of duty and malpractice, causing significant damage to the interests of Party A.
4. be prosecuted for criminal responsibility according to law.

Party A can terminate this contract in twenty-first of the following circumstances, but notify Party B in written form thirty days in advance.
1. Party B is ill or not injured by work. After the medical treatment expires, Party B can not engage in the original work nor engage in any work arranged separately by Party A.
2. Party B is not competent for the job. After training or adjustment, it is still not competent for the job.
3. the parties can not reach an agreement on the modification of the contract in accordance with the eighteenth provision of this contract.

Article twenty-second Party A is on the verge of bankruptcy. During the period of statutory rectification or serious difficulties in production and operation, the party may rescind the contract after giving explanations to the trade union or all the staff members, listening to the opinions of the trade unions or workers, and reporting to the labor administrative department.

Twenty-third Party B shall not terminate or terminate this contract in accordance with the twenty-first and twenty-second articles of this contract.
1. sick or non occupational injury, within the prescribed medical period;
2. female workers during pregnancy, childbirth, lactation period;
3. the demobilized soldiers were demobilized and the peasants who worked in the land expropriation were first employed for less than three years.
4. compulsory service during military service.

Twenty-fourth, if Party B suffers from occupational disease or is injured by occupational injury, the medical treatment is terminated, and the labor appraisal committee of the city, district or county shall confirm that the labor capacity is completely or partially lost. According to - - handling of the contract, the labor contract shall not be terminated according to the twenty-first and twenty-second articles of the contract.

Twenty-fifth Party B shall terminate this contract and notify Party A in written form thirty days in advance.

Twenty-sixth Party B may at any time notify Party A to terminate this contract in any of the following circumstances:
1. within the probation period;
2. Party A is forced to work by means of violence, threat or illegal restriction of personal freedom.
3. Party A can not pay labor remuneration or provide labor conditions in accordance with the provisions of this contract.

Twenty-seventh, when the term of this contract expires, Party A and Party B can renew their labor contracts through consultation.

Twenty-eighth if a labor contract is established without a fixed term, the termination of this contract shall be terminated if Party B retires, retires, retires and dies or the conditions for rescission specified in this contract.

Eight, economic compensation and compensation

In the twenty-ninth case, Party A shall pay Party B's economic compensation in accordance with the following standards if Party A violates and terminates the labor contract of Party B:
1. if Party A deducts or fails to pay the wages of Party B without any reason, and refuses to pay the wages of Party B for extending the working hours, it shall additionally pay an economic compensation equivalent to twenty-five percent of the remuneration in addition to paying the party's wages in full within the prescribed time.
2. if Party A pays Party B's wages less than the minimum wage standard of the municipality, he shall pay an economic compensation equivalent to less than twenty-five percent of the total salary while supplementing the standard part.

Thirtieth in the following circumstances, Party A shall grant an economic compensation equivalent to Party B's cancellation of the first twelve months' average salary for one month in accordance with the working life of Party B in Party A for a full year, at most not more than twelve months.
1. after consultation with Party B, Party A will terminate this contract.
2. Party B is not competent for the job. After training or adjustment, it is still not competent for the work.

Thirty-first in the following circumstances, Party A shall grant an economic compensation equivalent to one month's average wage for each month in accordance with the working life of Party B.
1. Party B is ill or not injured by work, and is certified by the labor appraisal committee to be unable to engage in the original work, nor can he engage in any other work arranged by Party A to terminate this contract.
2. when the labor contract is concluded, there is a major change in the objective situation, resulting in the failure of this contract to be fulfilled. After negotiation by the parties concerned, it is impossible to reach an agreement on changing the labor contract and terminate the labor contract by Party A;
3. if Party A is on the verge of bankruptcy for statutory rectification or serious difficulties in production and operation, personnel must be reduced.
In the above three cases, if Party B is relieved from the contract twelve months before the monthly average wage is higher than the average monthly salary of the unit, according to the average monthly salary.

Article thirty-second after the termination of this contract, Party A fails to provide economic compensation to the party in accordance with the regulations. In addition to the full amount of the economic compensation, the additional economic compensation shall be paid by fifty percent of the amount of the economic compensation.

Article thirty-third when paying party B's economic compensation, Party B shall grant an economic compensation in accordance with the standard of one year after Party A's working time is less than one year.

Thirty-fourth if Party B is ill or not injured by work, if the labor appraisal committee confirms that it can not engage in the original work, nor can it engage in the work which is separately arranged by Party A and terminate the contract, Party A shall also grant Party B no less than six months' medical subsidy for the per capita wage of the enterprise. The medical expenses for patients with serious diseases and incurable diseases should also be increased. The increase in the number of serious diseases is not less than fifty percent of the medical subsidy, and the increase in the number of incurable diseases is not less than one hundred percent of the medical subsidy.

Thirtieth