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    How To Write An Attachment To The Labor Contract?

    2010/10/26 17:59:00 724

    Labor Contract Consensus Clause

      

    Labor contract


    The limited company (hereinafter referred to as Party A) employs (hereinafter referred to as Party B) as Party A's labor contract system staff.

    According to the labor law of the People's Republic of China, the regulations on labor law of foreign invested enterprises and the relevant laws, regulations and regulations of the Jiangsu provincial labor contract regulations, the two parties are voluntarily equal.

    Consensus

    On the basis of signing this contract, we shall abide by this contract.

    clause


    Article 1 term of contract and probation period


    1. the validity period of this contract is from year to month to date.


    2. probation period is months.


    3. during the probation period, Party A will assess Party B according to the standard of the post description and find that Party B fails to meet the employment requirements, and can immediately terminate the labor contract.


    Second work contents


    1. Party B works in the Department.

    Party B shall finish the work on time, quality and quantity according to the responsibilities of Party A.


    2. Party B shall complete the tasks and tasks assigned by the party on time, quality and quantity according to the requirements of the company and the management and arrangement of Party A, and shall give rewards and punishments according to the provisions of Party B's performance.


    3. Party A can change Party B's job and content due to business needs or Party B's ability and performance.


    Party B has the right to reflect my opinion, but before Party A's approval, Party B should first obey Party A's arrangement.


    Third labor protection and labor conditions


    1. Party A implements a working hour system of 5 days (40 hours) per week and 2 days off.

    The hourly wage is calculated on the basis of the basic wage.


    2. Party A shall consult with Party B on the basis of the fact that Party B is required to work overtime when operating conditions.

    Overtime wages are paid according to the relevant laws and regulations of the local government.


    3. Party A shall provide Party B with a safe and hygienic working environment and necessary labor protection articles that meet the requirements of the Chinese government, and ensure that Party B works under the conditions of personal safety and the human body is not harmed. Party B shall strictly abide by the relevant safety operation rules in the course of labor.


    4. Party A will perform irregular working hours and comprehensive calculation of working hours due to special work or abnormal business.


    Fourth remuneration for labor


    1. according to the existing wage system of Party A, the basic wage income of Party B is RMB yuan. Other parts (including meals allowance, pportation allowance, telephone allowance, housing allowance, duty allowance, full attendance allowance and special allowance) are RMB yuan.


    2. Party B's salary level, bonus and allowance shall be determined according to the relevant provisions of Party A.


    3. when Party A implements the new wage system and adjusts the wage level, or Party B's job and duties change, Party A shall adjust the salary of Party B.


    4. Party A pays the monthly salary for the next month.


    Fifth Labor Insurance and welfare benefits


    1. Party A shall provide Party B with relevant social insurance in accordance with the provisions of the local government. Party B shall also pay the social insurance premium that the individual should pay according to the regulations, and shall be withheld from Party B's wages by Party A.


    2. if Party B is ill or not injured by work, Party A shall give a certain period of medical treatment according to his condition and length of work in the company.

    Treatment during medical treatment shall be carried out in accordance with relevant regulations of the state.


    3. Party B's other insurance and welfare benefits shall be executed by Party A according to the relevant regulations of the state.


    4. Party B shall enjoy the statutory holidays, public holidays and holidays paid by the Chinese government and enjoy paid holidays such as marriage leave, funeral leave and maternity leave.

    See the relevant management system of Party A.


    5. if Party A is a female employee, the vacation and treatment enjoyed during pregnancy and lactation shall be carried out in accordance with the labour law of the People's Republic of China and the local regulations.


    Sixth labor discipline, rewards and punishments


    1. Party B shall abide by the laws and regulations of the state, comply with Party A's various systems and disciplines, and obey Party A's leadership, management and education.

    Abide by the law and discipline, observe professional ethics and social ethics.


    2. Party B should stick to his post and strictly perform his duties in his work.

    At the same time, Party B shall submit to Party A any adjustment of its position and content at any time.

    If Party B violates labor discipline, regulations and articles of association, Party A can criticize education or disciplinary action according to law; Party A shall reward Party B in accordance with regulations for Party B actively promoting the company system.


    3. Party B shall abide by the confidentiality system of Party A, and shall have the obligation of confidentiality for all possible business and technical secrets, including the following information. Otherwise, Party A will give disciplinary action or unconditional termination of labor in accordance with the provisions of the personnel management regulations, and pursue its legal joint and several liability.


    1) the company's technical data and business files.


    2) Company and personal financial information.


    3) customer information.


    4) other trade secrets.


    4. Party B shall not: without Party A's prior written consent.


    1) conduct business or similar business with Party A in the name of oneself or others.


    2) be an employee, consultant (including unpaid work) of any company or unit.


    3) when the contract is terminated or terminated in accordance with the law, Party B shall return all the technical data, business files, rules and regulations, plans, memorandums, customer lists, financial statements or training materials to Party A, and shall not retain copies in any form.


    4) Party A shall give spiritual encouragement and special reward to the Party B who has followed the business rules and regulations and has excellent performance.

    Party A can criticize education or disciplinary action in accordance with the rules and regulations of enterprises in accordance with the rules and regulations of enterprises.


    Seventh teaching and training


    1. Party A has the obligation to carry out professional ethics, pre employment training and vocational and technical training obligations for Party B. If Party B needs to engage in special operations, Party A shall be specially trained and certified.


    2. Party B should strive to learn technical skills and scientific and cultural knowledge so as to improve working ability.


    3. Party A shall contribute to the training of Party B, and Party B's training certificate and relevant evidence shall be sent to Party A for preservation.


    4. if Party A pays for the training of Party B, Party B shall provide the full service life for Party A, otherwise Party B shall bear the training expenses, and its amount shall be calculated on the basis of the reduced service life.

    The specific service life and decreasing method refer to the relevant management system of Party A.


    Eighth conditions for renewal, alteration or termination or termination of labor contracts


    1. Party A can terminate this contract immediately if it meets one of the following circumstances.


    1) during the probation period, it is proved that it does not meet the recruitment requirements.


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


    3) serious dereliction of duty and malpractice, causing significant losses to the interests of Party A.


    4) engaged in the same nature of business outside the company while in office.


    5) Party B is not competent for the job. After training or adjusting the suitable post, it is still not competent.


    6) (Note: this does not constitute grounds for rescission of contract)


    7) there is a major change in the objective situation based on the conclusion of the labor contract, resulting in the failure of the original labor contract to be fulfilled.


    8) Party B shall be investigated for criminal responsibility according to law.


    2. Party A may terminate the labor contract after consulting party B for one of the following situations.


    However, Party B should be informed in writing thirty days in advance.


    1) if Party B is ill or injured, he may not engage in the original work nor engage in any other work arranged 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. Party B may terminate this contract at any time under any of the following circumstances.


    1) during the probation period;


    2) Party A fails to pay labor remuneration and labor conditions to Party B in accordance with the provisions of this contract.


    3) party a coercive labor by means of violence, threat or illegal restriction of personal freedom.


    4. Party A shall not terminate or terminate this contract in accordance with one of the following circumstances and shall not dismiss Party B.


    1) Party B is in the process of recuperation because of work-related injuries or occupational diseases.


    2) Party B suffers from occupational disease or injury due to work and is confirmed to be completely disabled.


    3) Party B (female) who practices family planning during pregnancy, childbirth and breastfeeding, but is in conformity with the provisions of article eighth, first (1), (2), (3) and (4) of this contract.


    5. if Party B is injured or suffers from the end of the medical treatment of the occupational disease and has been certified by the labor appraisal committee to confirm that it has lost the ability to work in varying degrees, the termination or dissolution of the labor contract shall be governed by the following regulations


    Implementation:


    1) Party A shall not terminate or terminate the labor contract if it is completely lost to labor capacity.


    2) Party A shall not terminate or terminate the labor contract if most of them fail to work.


    3) Party A shall not terminate the labor contract if part of it loses its ability to work.

    Where the labor contract is terminated according to (2) and (3) of this article, the treatment of Party B shall be carried out in accordance with the relevant provisions of the state and the municipality.


    6. in accordance with one of the following circumstances, the labor contract shall be terminated on its own.


    1) Party B shall be investigated for criminal responsibility or reeducation through labor according to law.


    2) Party A declares dissolution.


    7. any Party A and B wishes to terminate this contract shall notify the other party in writing thirty days in advance.

    However, according to the eighth, first, 1, (2), (3), (4) terms of this contract, third


    Paragraph (1), (2), (3) stipulates that the termination of a labor contract shall not be notified in advance.


    Ninth economic compensation after dissolution of labor contract


    1. if Party B fails to fill in the contract period and Party B voluntarily proposes to terminate the labor contract, Party A shall not grant any economic compensation to Party B.


    2. if Party B fails to fill in the contract period, if Party B voluntarily proposes to terminate the labor contract, he shall inform party a one month ahead of time or one month's basic wage for one month notice.


    Tenth changes in the labor contract


    1. the relevant contents of this contract should be amended if the relevant laws, regulations and relevant policies are formulated on the basis of the contract.


    2. the amendment of the labor contract will come into force if it meets the following requirements:


    1) through negotiation, the two sides agree to amend it.


    2) the revised contract shall be examined by the original examining and approving organ or submitted to the relevant department for record.


    3) after the expiration of the contract, a contract can be renewed through consultation between the two parties.


    Eleventh liability for breach of contract


    Any party breach of contract shall be liable for breach of contract.

    The specific amount of compensation shall be determined by the non default party according to the extent of liability of the person liable for breach of contract and the degree of economic loss caused to the other party or in accordance with the relevant agreements.


    Twelfth other items deemed necessary by both parties.


    One


    Two


    Three


    Thirteenth others


    1. Party A's relevant rules and regulations constitute an effective part of this contract.


    2. Party A shall promptly apply to the institutions designated by the labor and personnel administration department for employment procedures for Party B; Party B shall provide relevant information to assist Party A in handling the recruitment procedures.


    3. this contract is made in two copies, each party holding one copy, which will take effect after signature by both parties.


    4. if Party B financed the training (including internship, study abroad), provided housing or engaged in the trade secret work involving Party A, it must sign another agreement between the two parties.


    5. if the terms of this contract contradict China's laws and regulations, it shall be governed by Chinese laws and regulations.


    Regulatory policy is accurate, but a reasonable period of pition is allowed.


    6. the interpretation and amendment of the terms and conditions of this contract must be agreed by both parties.


    Party A: (seal) Party B's signature (signature):


    Legal representative:


    Date: date of date: date and month


    Certification unit (Gai Zhang):


    Date of verification: date, month and date

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