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    Model Of Enterprise Contract

    2010/11/1 17:35:00 355

    Agreement On Contracting An Enterprise

    Contract template (enterprise)


    Contracting parties:


    The Contracting Party: the "Qi" and "the".


    The Contractor: he is in charge.


    In order to deepen the enterprise reform and improve the productivity of labor, according to the Provisional Regulations on the contractual responsibility system of industrial enterprises owned by the whole people, after the approval of the people's Government of the people's Republic of China, tendering and contracting businesses will be implemented.

    The industrial contracting Committee, which is composed of the Bureau, the Finance Bureau, the Taxation Bureau, the Labour Bureau and the ICBC branch, is the contractor (hereinafter referred to as the employer).

    The Contractor shall, through the prescribed tendering procedures, finally determine the tenderer who wins the tender as representative (individual, partner, enterprise or institution) as the contractor (hereinafter referred to as the Contractor) in the contract period.

    The two sides have reached a consensus and signed this contract.


    general provisions


    The first contracting and contracting operation is based on adhering to the principle of separation of ownership and management by adhering to the principle of separation of ownership and management on the basis of adhering to the socialist system of ownership of the whole enterprise, and selecting the operators through open bidding, and determining the relationship between the three party's responsibilities, rights and interests in the form of a contract, so as to make the enterprise truly become a socialist commodity producer with independent operation and self financing.


    During the second contract operation period, the factory must adhere to the socialist orientation and implement the party and state's principles, policies, regulations and decrees.


    During the third contract management period, the factory independently accounts, pays taxes according to the regulations, operates independently, and is self financing.

    Ownership, original administrative affiliation, and financial and tax channels remain unchanged.


    During the fourth contract operation period, our factory must adhere to the direction of production of the products, and on this basis we can carry out diversified operations.


    The second chapter is about the term, form and main index of contract.


    The fifth deadline for the implementation of the tendering and contracting business is in the year of the year, from the date of the year to the month of the year.


    The sixth contract of this tendering and contracting business in our factory is as follows: to guarantee profits, to protect investment in technological pformation, and to establish a contractual responsibility system linked to the total profits of workers and workers.


    The seventh main economic and technological indicators of this tendering and contracting operation of our factory are profits paid, technological pformation investment, loan repayment, and enterprise grade targets.

    The details are as follows:


    The first is the principle of "base of death, increasing year by year, shortage of self repair and over cross division". The total profit paid during the contract operation period is RMB 10000 yuan, of which the year of the year is ten thousand yuan.


    During the second contract operation period, the technical pformation project is completed and the total investment in technical pformation is 10 million.

    {page_break}


     

    Among them, the year of the year is ten thousand yuan, and the year of the year is ten thousand yuan.


    During the third period of contract operation, the total amount of bank loans returned is RMB 10000 yuan.

    The year of the year is ten thousand yuan, and the year of the year is ten thousand yuan.


    The fourth level of our factory's upper level target is the company. It reaches the national (city) level enterprise standard before the end of the year.


    The third chapter is about the rights and obligations of contractors.


    Section 1 rights of contractors


    During the eighth contract operation period, the Contractor's first contractor (hereinafter referred to as the first contractor) is the legal representative of the plant. Of course, the director of the factory enjoys the director's responsibility system and all the rights entrusted to the director by this contract, and assumes all his obligations. If the enterprise or business entity is contracted, the contract agent appointed by him (only one person) shall be the legal representative of the factory, exercising the authority of the director and performing the contract on behalf of the contractor.


    During the contract period, the ninth contractors have the following rights:


    The first paragraph shall have the right to appoint, on the basis of state regulations, the deputy director and deputy factory level administrative cadres, and form the leading body of the factory and report it to the competent authority for record. After the expiration of the contract or the rescission of the contract, the leading body shall be dissolved.


    The second paragraph has the power to decide the establishment of the plant, the appointment and removal of personnel, and the appointment of professional and technical personnel.


    The third paragraph has the right to reward and punish according to relevant regulations, recruit workers and dismiss employees who violate discipline.


    The fourth paragraph has the right to reform the internal distribution system of the factory, and has the right to choose the form of wages and set the wage standard within the approved gross wages of the higher authorities.


    The fifth paragraph has the right to purchase new equipment according to actual needs.


    The sixth paragraph shall have the right to develop new products without violating the fourth clause of this contract.


    The tenth contractors shall have the right to obtain their legitimate income according to the provisions of this contract.


    The second obligation of contractors


    The eleventh contractors should fulfill their obligations during the contract period as follows:


    The first paragraph bears full responsibility for the material civilization construction and spiritual civilization construction of our factory.

    {page_break}


     

    The second paragraph shall, in accordance with the relevant provisions of the state, pay all kinds of taxes, fees and co-ordinate funds payable on schedule.


    The third paragraph must fulfill all the economic and technical indicators and additional indicators specified in this contract on time.


    The fourth paragraph shall guarantee the integrity of the plant and equipment in the contract period, and extract the fixed assets depreciation fund and the major repair fund according to the state regulations, so that they can be earmarked for special purpose.


    The fifth paragraph shall complete all the mandatory plans issued by the state to the factory.


    The sixth paragraph shall be responsible for continuing to perform all the effective economic contracts signed by our factory and other units, and shall bear all the original legal claims and debts of our factory and other units.


    The seventh one consciously accepts the supervision of the party organizations and workers in our factory, respects and protects the democratic rights of our workers, reports regularly to our factory staff representatives, and listens to the staff's opinions and suggestions.


    The eighth one is to safeguard the legitimate rights and interests of our workers and workers, improve their working conditions, and gradually increase the income of our workers and improve their welfare benefits under the premise of continuously improving their economic benefits.


    The twelfth contractor must make a mortgage (or guarantee) with a certain amount of his own funds.

    The amount of the mortgage (or guarantee) of the contractor is RMB yuan.


    The thirteenth contractor must fully perform all the terms and conditions that the contractor should fulfill in this contract.


    The fourth chapter is the rights and obligations of the employer.


    The rights of the fourteenth parties are as follows:


    The first paragraph has the right to safeguard the interests of the state and the interests of our factory.


    The second paragraph has the right to supervise the direction of the operation of the products of the factory.


    The third section has the right of financial supervision, audit and product quality inspection.


    The fourth paragraph has the right to safeguard the legitimate rights and interests of our workers in accordance with national laws, regulations and the provisions of this contract.


    The obligations of the fifteenth parties are as follows:


    The first paragraph shall not interfere with the contractual autonomy of the contractor in violation of the provisions of this contract.


    The second paragraph shall not adjust the assets of our factory.


    The third paragraph must protect the legitimate rights and interests of the contractor in accordance with the provisions of this contract.


    The fourth paragraph must fully perform all the terms and conditions of the contract which should be performed by the issuing party.


    The fifth chapter is contractor's income.


    The sixteenth contract operators (which refer to the contractor, the contract agent appointed by the contractor, the enterprise or the enterprise legal person contract), enjoy the income of the operator during the contract period, and the original wage level is deposited in the archives.

    After the contract is concluded, if the Contractor fails to continue to contract, the salary level will be re approved according to the relevant national wage policy.

    The Contractor shall enjoy the welfare benefits of the workers in the contract during the contract period, and the various subsidies prescribed by the State shall be issued.

    {page_break}


     

    The income of the seventeenth contractors during the contract period shall be determined according to the principles of assessment linked to the economic and technical indicators and various additional indicators stipulated in the contract.

    (additional indicators refer to sales revenue, product quality, safety production, labor productivity, capital profit tax rate.

    This indicator is implemented according to the annual plan issued by the authority.


    The specific provisions are as follows:


    First, if the contractor completes the annual economic and technical indicators and additional indicators specified in this contract, the income is based on the per capita income of the workers in the factory, and the income is two times the base number, and the profit paid per year exceeds 1% of the current year's index, and then accumulates the equivalent base income of% to%, until the base number is four times.


    The second party may give special rewards to the contractor if he considers the contractor to make a special contribution.


    The third contractors contracted less than nine months of actual work due to illness and leave.


    The calculation range of the fourth annual income per worker shall be implemented according to the regulations of the document No.


    If the eighteenth enterprises or institutions contract, if they exceed the annual economic and technical indicators and additional indicators specified in this contract, the unit contract revenue of the unit will exceed 50% of the local portion of the profit tax and the other 50% will be returned to the factory as the basis for production development.


    The income of the nineteenth party bags will be settled at the end of each year. Before the end of the year, the contractor can only advance the living expenses (excluding subsidies provided by the state) according to the standard of RMB yuan per month.

    After the end of the year settlement, the personal income of the contractor and the income of the enterprise and enterprise legal person will be distributed to the employer once.


    The sixth chapter is the alteration, rescission or termination of the contract.


    The twentieth article is legally binding after the entry into force of this contract. Neither the contracting parties nor the contracting parties are allowed to change or rescind at will.

    When the contract is subject to change or dissolution, a new written agreement shall be reached by consensus between the two parties, and this contract shall remain valid until the new written agreement has been reached.


    Article twenty-first during the performance of this contract, if the relevant policies of the state are compared with the time when the contract is signed, the interests of the contracting party will be greatly affected, and the affected party may propose to alter or terminate this contract.


    If the twenty-second contractors fail to make serious losses in their management or business decisions and cause heavy losses to the factory or fail to complete the annual profits turned over targets stipulated in this contract in two consecutive years, the Contractor shall have the right to terminate the contract, bear the responsibility for breach of contract, and reserve the right to claim damages from the contractor.


    The twenty-third party, if violating the provisions of this contract, interferes with the operation and management activities of the contractor, so that the contractor can not continue to operate, or the Contractor's legitimate income can not be guaranteed. The contractor has the right to terminate this contract and require the contractor to bear the liability for breach of contract.


    Twenty-fourth due to force majeure causes the contract can not be fully fulfilled or unable to perform, it must be contracted and the two sides have reached a consensus through consultation, so that the contract can be changed or terminated.


    Twenty-fifth after the expiration of this contract, the rights and obligations of the contracting parties shall be fulfilled.


    This contract shall terminate on its own.


    Twenty-sixth the contract shall be accepted by the Contractor's auditor before the expiration of this contract thirty days before the contract is audited. After the confirmation is made, the representatives of the two parties will sign the audit opinions and the contractor can leave.


    The seventh chapter is liability for breach of contract.


    The twenty-seventh party, the contractor and the Contractor shall perform the contract in a comprehensive and practical manner, and shall be liable for breach of contract if he fails to perform or fails to perform fully.


    If the twenty-eighth contractors fail to fulfill all the economic and technical indicators and annual additional indicators specified in this contract, they shall be liable for breach of contract and corresponding economic penalties.


    First, if the Contractor fails to fulfill the annual profit index specified in this contract, deduct 7% of the life cost of the Contractor's personal advance expenses by a reduction of 1%, until the deduction of the 50% of his archival salary.


    The other second contractors, such as other economic and technical indicators and additional indicators specified in the non cost contract, are

    Contracting party

    At the appropriate time, the total annual income of contracted operators should be deducted, but not at most.


    If the third contract operators fail to complete the profit index at the time of termination or termination of the contract, they shall, in addition to deducting income from paragraphs 1 to three of this section, compensate them with the mortgage of their own (including the insured) until they are cleared or fully exhausted.

    {page_break}


     

    If the fourth enterprises or enterprises are contracted, if they fail to complete the annual profit index, they must use their own funds.

    Complement


    If the fifth enterprise or enterprise legal person contract is completed, if it completes the annual profit index, but fails to complete its annual economic and technical indicators and additional indicators, the Contractor shall, at the discretion of the contractor, deduct the profit from the over paid profits of the contractor, but at most does not exceed the gross profit margin of the income.


    The amount and amount of deduction referred to in the sixth paragraph of paragraphs 1 to five of this article shall be the amount of breach of contract which the Contractor shall pay in violation of this article.

    This item

    Default

    The Contractor shall be responsible for delivering the contract to the Contractor before the end of the next year of the year of the year of breach of contract. If the contractor has any late payment for this breach of contract, he will have to pay the late fee from the employer on the basis of the amount of 3/10000 of the overdue amount from the date of overdue payment until the day of completion. The late fee will be borne by the Contractor by the contractor himself. The penalty shall be paid by the contractor in.


    The twenty-ninth party, if contravention of the twenty-first provision of this contract, shall bear the liability for breach of contract, compensate for the direct economic losses caused by the breach of contract to the contractor, and shall pay the Contractor a penalty of three percent of the direct economic losses caused by the contractor.

    The Contractor's compensation and liquidated damages shall be delivered to the Contractor before the end of the first year of the next year.

    If the contractor has any late payment, he must pay the late fee from the day of overdue payment until the day of filling up, and pay the contractor three percent days in arrears according to the amount of the overdue amount.


    In case of disputes between the thirtieth contracting parties and the contracting parties, they shall be implemented according to the Provisional Regulations on the contractual responsibility system for industrial enterprises owned by the whole people.


    Eighth chapter supplementary provisions


    The thirty-first original contractor of a partnership contract (or the original designated contractor contracted by a company or enterprise legal person) fails to continue to perform the contract if there is an accident. The contractor (or enterprise or enterprise legal person) shall elect (or designate) the first contractor (or contractor) separately, and shall continue to perform the contract after being confirmed by the employer.


    Thirty-second after the expiration of this contract, if the factory still carries out the bidding and contract management, and the contractor performs the contract in good condition, the Contractor shall have the priority of re contracting under the same conditions.


    The thirty-third tender documents of the employer, the Contractor's tender and the reply materials (the contractual agreement between the partners of the partners) are all the annexes to this contract. If the documents mentioned above are inconsistent with the main body of the contract, the main body of this contract shall prevail.


    The thirty-fourth contract is signed by the representative of the employer and the representative of the contractor, and shall become effective after being notarized by the notary office.


    The thirty-fifth part of the contract is original, and the employer, contractor and the notary office are holding one.


    A number of copies of this contract shall be submitted to the enterprise contract Steering Committee and the employer's unit for record.

    The copy of this contract has the same legal effect as the original.


    The contracting party is very worried.


    On behalf of the Chinese people (signature and seal)


    Contractor contractor


    On behalf of the Chinese Ambassador (signature signature)


    The year of the year

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