英文合同模板.doc

1、英文合同模板.docserial no.:employment contractparty a:legal representative:registeredpost code: telephone no.:party b:gender:id no.:home address:mailing address and post code:domicile: streettowndistrictcountyprovincemunicipalitytelephone:in accordance with the labor law of the peoples republic of china,

2、the law of the peoples republic of china on employment contract, and othe r relevant laws and regulations, on the basis of equality and of their own accord, and through consultations, party a and party b have reached consensus and signed this contract and shall collaboratively abide by the condition

3、s prescribed in this contract.chapter i term of the employment contractarticle 1 this contract is a fixed term employment contract. this contract enters into effect on date month year among which the probation period ends on date month year . and this contract shall expire on date month year .chapte

4、r ii job description and the place of workarticle 2according to the stipulations of the labor service contract on the employment of chinese citizens /or agreement /or mou signed between party a and (the employing work unit, hereinafter referred to as “theorganization), party a dispatches party b to

5、work with the organization as a_ (post). party b has been selected after test and appraisal by the organization, has read and learned the related content of the labor service contract on the employment of chinese citizens /or agreement /or mou and the handbook for employees. party bs work performanc

6、e shall satisfy the requirements of the organization and party b shall timely accomplish the work in terms of requested quality and quantity.according to the work requirement, party a may send party b to work at other organizations.article 3 based upon the work requirement and after consultation wit

7、h party b, the organization may adjust the position, duty, and work place of party b. if such adjustment happens, party a shall be informed within 15 days; party a and party b shall sign an agreement on such alteration to the employment contract.chapter iii working hours, holidays and leavearticle 4

8、the working hours, holidays and leave shall be arranged by the organization in compliance with relevant laws of the state and the requirement of the work position.article 5 the organization shall pay party b overtime fee according to the related regulations of the state if party b is required to wor

9、k overtime.chapter iv labor protections and working conditionsarticle 6 the organization shall provide necessary working conditions, tools and labor protection articles according to relevant regulations and requirements of the state.party b shall strictly abide by the labor safety regulations of bot

10、h party a and the organization, and it is strictly forbidden to work in violation of the relevant regulations so as to prevent accidents in the course of the work.chapter v remunerationarticle 7 the remuneration for party b during his/her employment period shall be calculated based on the total fees

11、 for employment as determined herein by the labor service contract on employment of chinese citizens /or agreement /or mou.(i) party bs income distribution is indicated by the attached table.(ii) the minimum salary standard of the beijing municipality shall be taken as the basic salary of party b.(i

12、ii) the salary of party b in the probation period: party a shall pay no less than 80% of party bs remuneration.(iv) sick leave salary of party b: within the prescribed treatment period, party a shall pay at a rate no less than 80% of the minimum salary standard of the beijing municipality.(v) remune

13、ration and benefits of party b during unemployment shall be paid by party a according to the minimum salary standard of the beijing municipality.(vi) both party a and party b agree as follows on the remuneration and relevant matters in case of arrears on the part of the organization:1.in the event t

14、hat the organization has been over 30 days in arrears withpayment of the total employment fees or party bs remuneration, socialinsurance premiums, housing provident fund or management fee definedby this contract while party b provides normal service, party b shallreport to party a in time and has an

15、 obligation to assist party a withrepresentations to party a so as to urge the organization to make timelypayment of all the relevant fees prescribed by the contract.2.during the period when the organization has been over one month, butless than two months in arrears with relevant payment, party a s

16、halladvance money for party bs remuneration, and also pay party bs socialinsurance premiums and housing provident fund first and get paid backlater.3.in case the organization has been in arrears for two months, party a mayremove party b from the current post at its discretion. whereas party bshall c

17、ooperate on their own initiative and obey the work arrangement byparty a. failure to do so on the part of party b shall be regarded as anagreement between party a and party b to terminate this contract.4.in case party b is willing to continue their service to the organization eventhe organization is

18、 in arrears with payment, party a shall pay party bsremuneration according to the minimum salary standard of the beijingmunicipality.5.in case the organization entrusts party b with payment of party as totalemployment fees or management fee and party b fails to pay the relevantfee to party a in time

19、 without any legitimate reason, leading to the arrearson the part of the organization, party a shall have the right to give thewarning and inform the organization. in case party b has refused to makesuch payment for two months and therefore functionary embezzlement ormisappropriation has cropped up,

20、 party a may cancel this contract withparty b.6.party a shall pay no economic compensation in case of termination orcancellation of this contract according to section 3 or 5 of this agreement.chapter vi social insurance and other benefitsarticle 8entrusted by the organization, party a shall handle t

21、he procedures relating to the social insurance and housing provident fund for party b according to the regulations of the state and the beijing municipality.the amount of the social insurance premiums and housing provident fund for party b during the employment period and the way of payment shall be

22、 decided upon and implemented in compliance with the stipulations of the labor service contract on the employment of chinese citizens /or agreement /or mou lawfully signed between party a and the organization.(i) the medical treatment for party b during illness or in case of non work-related injury

23、shall follow the relevant regulations of the state and the beijing municipality.(ii) the benefits for party b shall follow the relevant regulations of the state and the beijing municipality in case he or she contracts occupational disease or suffers work-related injury.article 9in case of arrears on

24、 the part of the organization or during party bs unemployment, party a shall adjust the benchmarks for the social insurance premiums and the housing provident fund in accordance with the regulations of the state and then pay the premiums and housing provident fund for party b.chapter vii disciplinea

25、rticle 10party b shall abide by the working discipline, rules and regulations of both party a and the diplomatic mission.(i)party a has the responsibility to train and educate party b on vocational ethics, professional skills, labor safety, working discipline, rules and regulations.(ii) party b has

26、the obligation to receive the education and training by party a. party a has the right to settle any breach or violation committed by party b and even to terminate the employment contract according to relevant regulations.chapter viii termination and expiration ofthe employment contractarticle 11 th

27、is contract may be terminated if consensus is reached between the two parties.article 12 this contract may be terminated if party b notifies party a in writing 30 days in advance; or party b notifies party a 3 days in advance during the probation period.article 13 if party a or the organization is i

28、n any of the following circumstances, party b may terminate this contract:(i) fails to provide labor protection or working conditions stipulated by this contract;(ii) fails to pay full amount of the remuneration in time;(iii) fails to pay the premiums of social insurance and the housing provident fu

29、nd according to law;(iv) compels party b to work by way of violence, threats or unlawful restriction of personal freedom.article 14 party a may terminate the contract, if party b is in any of the following circumstances:(i) is proved during the probation period not up to the requirements for employm

30、ent;(ii) materially breaches working rules and regulations of party a and the organization;(iii) commits serious dereliction of duty or engages in malpractices, causing substantial losses to party a or the organization;(iv) “holds post concurrently in other institution or establishes de facto labor

31、relationship with other institution;(v) is prosecuted for criminal responsibility according to law;(vi) is in other circumst ances supporting party as termination of this contract as stipulated by laws or administrative regulations.article 15party a may terminate the contract after it gives a 30 day

32、s written notice to party b , if party b is in any of the following circumstances:(i) after the prescribed period of medical care for an illness or non-work related injury, is still incapable of engaging in his/her original job, nor can he/she engage in the job otherwise arranged by party a;(ii) is

33、incompetent and remains incompetent after training or adjustment of his/her job position.article 16 party a shall not apply article 15 of this contract to terminate thecontract, if party b is in any of the following circumstances:(i) is engaged in operation exposing him/her to hazards of occupationa

34、l disease and has not undergone a pre-departure occupational health check-up, or being suspected of having contracted an occupational disease and being diagnosed or under medical observation;(ii) has been confirmed as having lost or partially lost his/her capacity to work due to an occupational dise

35、ase or work-related injuries;(iii) receives medical treatment for diseases or non-work related injuries within the prescribed period of medical care;(iv) is a female employee during her pregnant, puerperal, or nursing period.article 17 under any of the following circumstances, this contract shall be

36、 terminated.(i) employment contract is expired;(ii) party b has lawfully started to enjoy the basic pension;(iii) party b has been paid for the applicable discharge economic compensation in compliance with the regulations of the state;(iv) without the prior consent from party a, party b, during his/

37、her employment with the organization, asks for a resign from the organization or quits the job without notifying the organization;(v) the organization declares to close down or to dismantle;(vi) party b passes away, or has been declared dead or missing by the peoples court;(vii) other circumstances

38、prescribed by laws and administrative rules.article 18 at the time of cancellation or termination of this contract, party a shall produce a certificate for such cancellation or termination, and complete the personnel file and social insurance relationship transfer formalities for party b within 15 d

39、ays.chapter ix economic compensationarticle 19 under any of the following circumstances, party a shall pay to party b economic compensation:(i) party a proposes to party b for termination of this contract in accordance with the terms of article 11 of this contract, and consensus is reached after con

40、sultations with party b to terminate the contract;(ii) party b terminates this contract according to the terms of article 13 of this contract;(iii) party a terminates the contract in compliance with the terms of article 15of this contract;(iv) this contract is terminated in compliance with terms of

41、item i article 17 of this contract except that party a maintains or improves the contracting conditions for the renewal of this contract, but party b disagrees to such renewal;(v) this contract is terminated in compliance with the terms of item v article 17 of this contract.article 20 the economic c

42、ompensation shall be based on party bs years of service with the organization at the rate of his/her monthly salary for every full year of service. any service length of more than six months but less than one year shall be counted as one year; for any service length of less than six months, the econ

43、omic compensation payable to party b shall be half of his/her monthly salary.if party bs salary is three times higher than the average monthly salary of employees in beijing in the previous year, the economic compensation payable to party b shall be at the rate of three times the average monthly sal

44、ary of employ ees and the countable length of service for economic compensation shall not exceed twelve years.the monthly salary refers to the average salary of party b of the twelve months prior to the termination or expiration of this contract.if item (i) article 15 of the contract is applied to t

45、erminate this contract, party a shall pay party b in addition medical care subsidies equivalent to the amount of six months salaries. moreover, party a shall pay an additional amount of 50% of the medical care subsidies to party b in case of a serious disease, and 100% of the medical care subsidies

46、in case of a fatal disease.article 21 party b shall complete the hand-over of work according to the regulations of party a and the organization. economic compensation shall be paid during the process of the hand-over.article 22if the organization pays directly to party b the economic compensation, p

47、arty b shall refund all received compensation to party a in a timely fashion; in this case, party a will, in accordance with the provisions of this contract, continue the labor relationship with party b. if party b fails to refund the economic compensation received from the organization, then it sha

48、ll be assumed that party a has executed such obligation, and that both parties agree to terminate this contract, and party b shall not claim any other economic compensation.article 23 if party b is in the circumstance as described in item (ii) and (iii)article 14 of this contract, therefore discharg

49、ed by party a, which causes loss to party a, then party b shall be liable for compensation of such loss.article 24 in case party b dissolves the employment contract in violation of the stipulations of this contract and causes economic loss to party a, party b should bear the liability of compensatio

50、n according to law.chapter x other contents as agreed uponbetween the contracting parties article 25 party a and party b agree to add the following contents to this contract:chapter xi settlement of disputes and miscellaneousarticle 26 party b shall timely inform party a in writing if any dispute ar

51、ises between party b and the organization, and party a shall assist with the mediation.article 27 any dispute arising due to the exercise of this contract should be solved through friendly consultation. in case either party requests arbitration after failure in settlement through consultations, then

52、 it should be submitted to the labor dispute arbitration commission of dongcheng district, beijing within 60 days of the occurrence day of such dispute.article 28 party b affirms the address written in this contract is the service address for files and documents relating to labor relationship manage

53、ment. should this address be changed party b shall inform party a of such change in writing. it should be deemed as served once party a dispatches relevant documents at this address. if party b does not timely inform party a of the change of the address in written form, which makes it impossible for

54、 the relevant documents from party a to be dispatched, party b shall be accountable for the consequences alone.article 29 annexes to this contract:as an annex to and inseparable part of this contract, rules and regulations forcontract employees has the same effect as this contract.article 30 issues uncovered herein by this contract or conflicting with future regulations of the state or beijing municipal government, shal