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1、Labor ContractDate:Labor Con tractParty A (Employer):Name:Registratio n Address:Legal Represe ntative:Econo mic Type:Party B (Employee):Name:二 Sex:二Date of Birth: *_Natio nality:Household RegisterI.D. No.:Con tact Address: Code:工WHEREAS, * (Party A) intends to engage * (Party B) as its an employee u
2、nder labor con tract system .In accorda nee with the Labor Con tract Law of the People Republic of China and releva nt laws and regulati ons and the rules and regulati ons formulated by our Compa ny accord ing to law, Party A and Party B con clude and enter into this Con tract on the basis of volun
3、tari ness, equality and mutual con sultati on. Both parties shall join tly abide by the terms and con diti ons specified in the Con tract and un dertake to take the Con tract as a basis for both parties to solve disputes, if any.I. Durati on of Con tractThis is a fixed-term con tract which is valid
4、from卫o *1. The probation period is from (date) to (date).2. Party A may dissolve the Con tract immediately in case Party B is proved duri ng the probationary period not satisfy the requirements of employment, provided that Party A pays the actual amount of wage payable to Party B for the curre nt mo
5、n th.3. Party Asrequireme nts on recruitme nt of employees shall be subject to the contents specified in its recruitme nt in formatio n, positi on descripti on (job resp on sibilities), employee manu al, rules and regulati ons, etc., and releva nt regulati ons of the State shall prevail, if any.4. I
6、n case that any party raises any object ions prior to expiry of the Con tract, the party may require not ren ewal of the Con tract, and the Con tract shall be termi nated upon its expiry.II. Post of Duty, Job Responsibilities and Working Hour1. Based on the state of operation, Party A now appoints P
7、arty B to the *Department as a/an * (Grade: *) (post/ position). The initial work place is in Shanghai. See the position description for specific job content.In accorda nee with the n eeds of operati on and Party B capacity (in professi on, work and health) and job performa nee. Party A may adjust P
8、arty Bs job post/ positi on or work place. Party B shall have authority to say his/her own opinions, n evertheless, Party B shall subject to the n eeds of operati on and the reas on able job adjustme nt made by Party A.2. Party B shall, according to the job responsibilities, complete corresponding t
9、asks on schedule and with quality and qua ntity guara nteed.3. Party A adopts 40-hour per week working system. According to the operational characteristics of some positi ons, Party A may, after obta ining the approval of the Labor Adm ini stratio n Departme nt, adopt flexible work ing hour system a
10、nd the work system with in tegrative computatio n of worki ng hours.III. Labor Protecti on and Work ing Con diti ons1. Party A shall, in accordanee with the regulations of the State, provide to Party B a good worki ng en vir onment and labor protectio n measures, establish and improve labor safety a
11、nd hygie ne systems and execute the same closely.2. Party A shall, in accordanee with the job Party B engaged in, provide necessary labor protecti on articles and offer health exam in ati on regularly for the labors who en gage in the jobs with occupati onal hazards.IV. Labor Remun erati on, In sura
12、 nces and Welfare1. The amount of Party Bs mon thly pretax in come is RMB *Yua n in clusive of various subsidies and allowa nces provided by the State and Shan ghai Muni cipal Gover nment. Party A may, whe n adopt ing new wage system or adjust ing wage level based on Party B job performa nee or the
13、market factors, adjust Party B wage level in a reas on able way. Party A executes releva nt regulati ons of the State and the mun icipal gover nment on the minimum wages system; Party A adopts the system of adjustme nt of wages accord ing to the posts.2. The pay day of Party A is the last work ing d
14、ay of each mon th. Party A shall pay to Party B his/her labor rem un erati on in mon etary terms by the month and shall, through bank, transfer the payment directly to the Employees account. Once Party B finds that Party A has miscalculated any of his/her labor remun eratio n for the curre nt mon th
15、, Party B may, within thirty (30) days since the payme nt of the labor rem un erati on of the curre nt mon th.3. Party A shall, pursuant to the regulations of the State, withhold and remit Party B pers onal in come tax from Party Bswage in come.4. Party A shall, pursuant to the regulations of the St
16、ate and of Shanghai Municipal Gover nment, effect social in sura nee and hous ing fund for Party B, and as to the parts that should be paid by Party B, Party A shall withhold and remit them upon pay ing the wages on behalf of Party B.5. The leaves, expenses and treatments entitled to Party B as a re
17、sult of work-related in juries or sufferi ng of occupati onal diseases shall be executed in accorda nee with releva nt regulati ons of the State and of Shan ghai Mun icipal Gover nment.6. The medical treatment period, medical expenses, sick leaves and other treatments entitled to Party B as a result
18、 of diseasesor non-work related injuries shall be executed in accordance with the regulations of the State, of Shanghai Municipal Government and of Party A.7. Party B shall, within the duration of the Contract, be entitled to all welfare and treatments provided by the State and by Party A.8. Party B
19、 shall, within the duration of the Contract, be entitled to various leaves provided by the State, and the treatments during vacation shall be executed according to relevant regulations of the State and of the Shanghai Municipal Government.V. Labor Discipline1. Party B must abide by laws, rules and r
20、egulations of the State and the employee manual and other rules and regulations formulated by Party A.2. Party A shall, pursuant to the rules and regulations of State and of Party A, have authority to manage or impose rewards and punishment on Party B. Party A may impose rewards or punishment on Par
21、ty B until the Contract is dissolved in case that he/she has violated any of the aforesaid rules and regulations; and Party A may, as per relevant regulations, give corresponding rewards to Party B, in case that he/she has observe the aforesaid rules and regulations exemplarily.VI. Termination and D
22、issolution of Contract1. Upon expiration of this Contract, provisions in Paragraph 4 of Article I of this Contract shall be executed.2. In case any of the following circumstances occurs, the Contract shall be terminated: Party A is declared bankrupt according to law; Party A has its business license
23、 revoked, is ordered to close down or decides to dissolve ahead of schedule; Party B has started receiving basic old age insurance pension in accordance with the law; Party B dies, or is declared dead or missing by a Peoples Court; or Other circumstances specified in laws or regulations.3. The Contr
24、act may be dissolved in case that both parties herein have reached a consensus.4. Party B may dissolve the Contract by informing Party A of his/her intent of dissolution of the Contract with a written notice thirty days in advance. In case Party B is in the probation period, he/she may dissolve the
25、Contract by informing Party A of the dissolution three days in advance.5. In case any of the following circumstances occurs, Party B may dissolve the Contract at any time by informing Party A. Where Party A fails to provide labor protection and working conditions in accordance with the Labor Contrac
26、t; Where Party A fails to pay labor remunerationin full and on schedule; Where Party A fails to pay social insurance premiums for Party B according to law; Where Party A s rules and regulations violate laws and regulations, thereby harming Party Bs rights and interests; Where the Contract is invalid
27、ated due to the reason of Party A; or Other circumstances as specified in laws or administrative statutes enable Party B to dissolve the Contract.6. In case any of the following circumstances occurs, Party A may dissolve the Contract by informing Party B of the dissolution with a written notice thir
28、ty days in advance,or one month s wage in lieu of no: tice Where after the regulated period of medical leave for an illness or non-work related injury expires, Party B is incapable of performing his/her original work or is incapable of performing an appropriate new job as arranged by Party A; Where
29、Party B is proved incompetent and remains incompetent after training or adjustment of his position; or Where a major change in the objective circumstances relied upon at the time of conclusion of the Labor Contract hinders continued fulfillment of the original contract and, after consultations, Part
30、y A and Party B are unable to reach a consensus on amending the Labor Contract.7. In case any of the following circumstances occurs, Party A may dissolve the Contract at any time by informing Party B of the dissolution: Where Party B is proved during the probation period not to satisfy the requireme
31、nts of employment; Where Party B materially breaches Party As rules and regulations; Where Party B commits serious dereliction of duty or practices graft or corruption, causing substantial economic damage to Party A; Where Party B has additionally established a labor relationship with another employ
32、er which materially affects the completion of his/her tasks at Party A or refuses to rectify the matter when brought to his/her attention by Party A; Where the Contract is invalidated due to the reason of Party B; or Where Party B has his/her criminal liability investigated in according to law.8. In
33、 case any of the following circumstances to Party B, Party A may not dissolve the Contract pursuant to Paragraph 6 of this Article: Where Party B is engaged in operations exposing his/her to occupational hazards and has not undergone a pre-departure occupational health check-up, or is suspected of h
34、aving suffered an occupational disease and is being diagnosed or under medical observation; Where Party B has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury; Where Party B has suffered an illness or sustained a non-work re
35、lated injury, and the mandatory medical treatment period has not expired; Where Party B is a female employee and in her pregnancy, delivery, postpartum, or lactation period; Where Party B has been working for Party A continuously for no less than fifteen years and is less than five years away from h
36、is/her mandatory retirement age; Where Party B finds himself/herself in other circumstances stipulated in laws or administrative regulations.9. Party A shall provide the economic compensations for termination or dissolution of the Labor Contract according to relevant regulations of the State and of
37、Shanghai Municipal Government on the scope and standards of economic compensation.VII. Modification of Labor Contract1. Modification of the Labor Contract means the behavior of the parties herein, after reach a consensus, to amend, supplement or abolish the terms and conditions of the original labor
38、 contract.2. When modifying the Labor Contract, both parties shall conclude and enter into a written agreement for the modification.VIII. Confidentiality1. Party B shall have an obligation to maintain the confidentiality of any of the proprietary data and materials or any other business documents (h
39、ereinafter referred to as “Business Secrets”) that Party B deems as secretsor confidences. Party B shall not, without Party A s prior written consent, disclose or provide any of Party A s Business Secrets or any of business secrets that Party A has promised a thirty party to keep them confidential t
40、hat Party B has known, contacted or learned to any other party. Party A may have authority to decide at his own discretion that all technologies and business data included in the Business Secrets shall also be deemed as Business Secrets, including but not limited to meeting contents, decisions, cons
41、iderations, business channels, customer lists, financial transactions, account numbers, documents, files, letters, samples, software, etc.2. Party B undertakes that he/ she will never use the Business Secrets or any of its part to any other purposes beyond Party As needs and requirements. In the eve
42、nt of violation of the promise or causing any economic losses to Party A, Party B shall bear corresponding legal liabilities.3. Party A shall have authority to require all the employees who are deemed as key employees by Party A to sign a confidentiality agreement.IX. Liabilities for Breach of Contr
43、act1. Any of the two parties herein causes any economic losses to the other party due to violation of the Contract shall make corresponding compensationsaccording to the subsequences and the size of responsibilities.2. Where Party B has accepted any professional training (including abroad study) pro
44、vided by Party A during the contract period, a particular service period agreement shall be concluded and entered into by and between both parties herein to define the rights, obligations and liabilities for breach of contract.3. The particular agreement for specifying the special treatments mention
45、ed above concluded and entered into by and between both parties herein shall be taken as an appendix to the Contract and be equally authentic as the Contract.X. Miscellaneous Matters Necessary to DefineXI. Conciliation and Arbitration of Labor Disputes1. Where a dispute arising from the performance of the Contract may be resolved by both parties herein thro
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