雇佣合同--中英文版

XJS Electronics Private Limited Employment ContractEMPLOYMENT CONTRACT劳 动 合 同This statement is issued in accordance with the current employment legislation and sets out the terms and conditions of your employment with the Employer.本合同符合现行劳动法规，阐明了用工期间的各项条件条款。PART A: EMPLOYER:NAME: _XJS ELECTRONCIS PRIVATE LIMITED_ ADDRESS: B-105, Noida Phase 2, Near Old Noida Court Complex Noida- , U. P. India.地 址： _PART B: EMPLOYEE:NAME: _ID APPROVE AND NUMBER: _ ADDRESS: _1. TERM OF THE CONTRACT 本合同期限类型为有期限合同。The term of the contract is _ years，from _ to _. The two sides agreed probation period ends on _, 3 months duration. For the outstanding Employee, the probation period can be shortened by Party A, but no less than 1 month. 2. JOB CONTENT AND RESPONSIBILTY JOB TITLE:_From time to time the Management may consider it necessary for you to do other jobs within your skill and competence.根据现实需要，管理者有时会要求你做能力范围内的其他工作3. SALARYAccording to the principle of distribution, and equal pay for equal work, salary of Party B shall not be lower than the local minimum wage standard. 3.1. Probation period basic salary: _3.2. After probation period, salary according to the company”Salary and commission system” 根据“按劳分配”原则，实行同工同酬，乙方的报酬不得低于当地最低工资标准。试用期过后，工资按公司制定的薪酬管理制度执行。Your Basic salary pay-day is 7th monthly, other part salary pay-day is 15th monthly. All salary will be paid directly into your Bank account on the last day of each month( Company may have less than one week delay with advance notice).工资实行每月结付，会在每月7号打入你的银行账户(公司可能会延迟少于一周支付，但会提前通知)。4. NORMAL WORKING TIMEMonday to Friday： 10：0018：30Saturday : 10:0016:005. HOLIDAY ENTITLEMENT:The Employee who work for employer more than 1 year will entitled to 5 working days holiday per year.工作超过1年的员工每年享有5天带薪年假。The holiday year will commence on 1st January and end on 31st December of the same year.休假年份计算从1月1日开始到同年12月31日结束。Holidays will be paid at basic rates of pay.休假期间按基本工资计算ALL HOLIDAYS MUST BE PRE-BOOKED IN AGREEMENT WITH MANAGEMENT.为便于管理，所有休假都必须提前申请。The Employer reserves the right to reimbursement by the employee for any payment in excess of holiday entitlement on termination of service.协议终止时，对于员工额外享有的假期福利，公司保留索取赔偿的权利。All holidays must be taken in the holiday year - no holidays may be carried forward to the following year without prior agreement with the management.所有假期都必须在当年休完，未经管理方同意，来年不再补休。Personal leave will be given consideration by the Employer. The Employer however does not hold itself bound to make any payment for personal leave unless taken as part of current holiday entitlement.公司考虑会准许事假，但一般不带薪，除非现行假期福利另有规定。Maternity leave will be subject to the guidelines laid out by the Department Social Security (DSS) or such other relevant government authority or legislation from time to time.产假则遵循社会保障部或政府法规的相关规定。 SICKNESS:病假Should you be unable to attend work due to sickness you are required to contact your immediate supervisor by 11.00 hours on the first day of incapacity.如果因病不能工作，则必须在生病的第一天11：00之前通知你的直接上司。All leave due to sickness must be supported by a bona fide medical certificate. This Certificate from your General Practitioner.所有的病假都应有医学证明，前五天可以是自我证明（SC1格式），此后的由主治医师开具。The Employer reserves the right (at its own expense) to have an independent medical opinion on any injury or sickness of a long term nature with special regard to future fitness for employment.考虑到未来工作的需要，公司保留对长期伤病独立的医学鉴定权利（费用自理）。All Company sick leave will be calculated from 1st January to 31st December the same year.公司所有假条从每年1月1日开始计算至同年12月31日止。6. GENERAL RULES AND PROCEDURAL GUIDELINESThe Employer expects employees to be punctual and regular in their attendance for work. It is understood that employees will always do their work to the best of their ability to maintain good working relationships with everyone else in the Employer and preserve the reputation of the establishment.公司要求员工按时到岗工作。员工也应尽力做好自己的工作，与同事相处融洽，维护公司荣誉。Employees must report for work suitably clothed and equipped.员工必须穿戴得当、配备整齐并加以报告。You may be required to complete a time sheet of your weekly activities which must be completed and handed in by 17.30 hrs on Friday of that week and placed in the box provided.员工应当制定一周待办记事的时间表，并于本周周五17：30之前放至指定盒子内。7. DISCIPLINARY PROCEDURES纪律处罚程序(Subject to the provisions re: Serious Conduct and Gross Misconduct)（规定分为“违纪”和“严重违纪”）The development and prosperity of the Employer and of its employees is dependent to a large extent on its ability to achieve and preserve a high standard of co-operation and discipline. The Employer believes that most employees understand and accept this and that there must be rules of conduct and behaviour if the Employers activities are to be smooth and orderly.公司与员工共同的发展与强大很大程度上取决于能否保持高度合作并严守纪律。公司相信每一位员工都理解并认同这个观点，为保证公司各项活动顺利进行，就必须制定行为规范。First Stage第一步The employee will be given a formal oral warning, and advised of the reason for the warning and that this warning constitutes the first stage of the procedure.程序第一步：员工会被给出一个正式的口头警告及其原因。Second Stage第二步Further misconduct or failure to respond to the first warning will lead to a further warning. This will be in writing and set out the nature of the offence as well as the likely consequences of further offences. The employee will be reminded that this is the second stage of the procedure.如果第一次警告后仍不知悔改，则会给出一份书面警告并注明违纪行为的性质和后果。提醒员工这是程序的第二步。Third Stage第三步Failure to improve in response to the procedure so far will result in the issue of a final written warning. This will state the nature of the offence and likely consequence should the employees conduct continue to be unacceptable, which would normally be dismissal.如果此时仍不知悔改，员工将收到一份书面的最后警告。这份警告将说明违纪行为的性质，若员工继续我行我素则可能带来的后果是不被允许的，通常会被解雇。Final Stage第四步Failure to meet the requirements set out in the final written warning will normally lead to dismissal with appropriate notice of termination, or payment in lieu of notice.若员工未能按照最后书面警告的要求改进行为，则一般会被辞退并给予一定的解雇补偿或补偿金。During all stages of the disciplinary procedure the employee will be given the opportunity to state their case before a decision is reached.在纪律处罚的每一个步骤里，员工都有机会在决定给出前给出他们的解释。It is an employees right to be accompanied or represented by a colleague from the Employer during all stages of the disciplinary procedure.在纪律处罚的每一个步骤里，员工都有权由公司同事陪同或代表。All warnings both verbal and written will be noted on the employees record for a period of 6 months for minor misconduct and 12 months for serious misconduct and may be reflected in any reference the Employer may be called upon to submit.所有的口头和书面警告都会被记录在员工的履历里，轻微违纪保留记录6个月，严重违纪12个月，并被反映在公司要提交的参考文件里。8. SERIOUS MISCONDUCT违纪行为Where conduct occurs which the Employer regards as a serious breach of the General Ruleand Procedures the Employer reserves the right to issue an immediate first and final written notice without issuing verbal or written warnings as in the Disciplinary Procedures first and second stage.若公司认为员工违犯了一般规则程序，则公司有权立即发布首次和最终书面警告通知，而不必遵循纪律处罚程序中的第一、二步发布口头和书面警告。An example of serious misconduct would be:部分违纪行为：Negligence: where an employee carelessly causes the Employer to fail to meet its standards of performance or customer service.责任事故：由于员工的疏忽导致公司工作或客户服务达不到标准。Absenteeism: should an Employee be absent for a period exceeding three consecutive days without prior arrangement or valid reason the Employer will view this as serious misconduct and immediately issue a first and final written warning.旷工：员工未经同意或无正当理由连续超过三天旷工将被认定为违纪，可立即给予首次和最终警告处分。It is emphasised that these examples are not exhaustive.需要强调的是，这些例子并非包括了所有的违纪行为。9. GROSS MISCONDUCT严重违纪行为Misconduct under this heading is regarded by the Employer to be so serious that an employee who commits it may be summarily dismissed. In such cases the Employer reserves the right to waive notice of termination and payment in lieu of notice. The following examples give an indication of the Employers view of gross misconduct. It must be stressed that this list is not exhaustive. Some of these offences might well entail prosecution as well as dismissal, depending on the circumstances.此栏的违纪行为属于公司认为十分严重，一旦违纪就要被立即开除的范畴。在此类事件中，公司有权更改解雇补偿或赔偿金。以下的例子就说明了公司在处理严重违纪时的做法。需要强调的是，这些例子并非包括了所有的严重违纪行为。其中有些在被开除的同时可能还会被起诉，视情况而定。9.1. Taking away Company property, property held in trust by the Employer or the property of its employees without permission.未经允许带走公司财产、公司信托财产或其他员工财产者。9.2. Wilful refusal to carry out a reasonable instruction from a supervisor or member of the management or other forms of wilful insubordination.蓄意拒绝服从上级领导合理指令或有其他蓄意拒绝形式者。9.3. Violence, threats of violence or abuse both physical or verbal to other employees, management or visitors. This will be deemed to include working on site or representing the Employer away from the Employers premises. 在工作场所或代表公司的场合对其他员工、管理者或访客行为或口头上威胁、恐吓、辱骂者。9.4. To report for work whilst under the influence of alcohol, or other substances, or to become unfit for work during working hours due to the influence of alcohol, drugs or other substances.被举报醉酒或在其他药物影响下工作；或在工作时间内因受酒精、毒品等物质的影响不能胜任工作者。9.5. Improper use or dangerous use of Company property.将公司财产置于危险之中或使用不当者。9.6. Improper dangerous or indecent behaviour.行为不当、行为危险或行为下流者。9.7. Breach of confidence: employees are not permitted to communicate information of any kind regarding the Employers affairs, activities, work, techniques or procedures to any person not authorised to receive it, be they a member of the Employer or not.泄密：员工不允许向未经授权的人（不管他是不是公司成员）谈及任何有关公司的事宜、活动、工作、技术或程序。9.8. Knowingly and wilfully causing delay to jeopardise the meeting of a delivery date.蓄意破坏延误交付日期会议者。9.9. Knowingly and wilfully failing to meet the Employers accepted standard of excellence and high quality of production.有意不符合公司所能接受的优质产品标准者。In serious cases the Employer reserves the right to suspend the employee concerned with pay whilst an investigation takes place.情节严重者，公司有权暂停支付接受调查员工的薪酬。10. THE CHANGE , TERMINATION AND CANCEL OF EMPLOYMENT CONTRACT劳动合同更改，终止和取消。10.1. Change contract: The parties get consensus, the contract can be changed.10.2. Terminate contract: Any result as below, the contact can be terminated.10.2.1. Contract period expired.10.2.2. Part B come to the statutory retirement conditions.10.2.3. All other termination situations according to laws and regulations.10.3. Cancel contract: Any result as below, the contact can be canceled.10.3.1. The parties get consensus.10.3.2. Part B shall inform Party A in written form 30 days advance, so that the contract can be terminated(probation period 7 days advance).10.3.3. Part B have any result as below, Part A can cancel the contact immediately and will not pay any compensation.10.3.3.1. During the probation period, part B be proved unsuitable for hiring conditions;10.3.3.3. Serious violate labor discipline or Part As rules and regulations.10.3.3.3. Serious dereliction of duty, causing significant damage to Part A.10.3.3.4. Other results in Article 9 of the contract.10.3.4. Part B have any result as below, Part A can inform Part B 30 days advance or pay 1 month basic salary to cancel the contract. 10.3.4.1. If Party B is sick, or injured because work, cannot do the same work or some other work arrange by part A after rehabilitation. 10.3.4.2. Party B can not competent the work， after training or adjusting the job title, still can not competent t