劳动合同模板_中英文

1、北京xxx 商贸有限公司劳动合同BEIJING XXX LIMITED LABOUR CONTRACT日期:Date:签约方:By and Between:甲方:北京xxx 商贸有限公司Party A: Beijing xxx Limited乙方:教育程度:性别:出生日期:身份证号码: 邮政编码:通信地址:Party B: Education Level: Sex: Birth Date: ID Number: Postal Code: Address:依据中华人民共和国劳动法,经友好协商,甲方和乙方同意依据下述条款和条件签订本劳动合同。In accordance with the Labou

2、r Law of the People's Republic of China and through friendly consultation, Party A and Party B agree to enter into this Labour Contract under the terms and conditions as set forth below: Article 1: Term 1. The contract term is one year. This contract shall take effect as of including a probation

3、 period of two months. ,第一条:合同期限Article 1: Term of Contract1.本合同为一年期限劳动合同;The contract term is one year.2.本合同生效日期为2008 年月日,包括一个月试用期。This contract shall take effect as of ,including a probation period of two months.第二条:工作内容Article 2: Scope of Work3.乙方应按照甲方的要求按时完成工作任务,并且满足甲方要求的质量标准。Party B shall compl

4、ete the working objective(s on time and meet the quality standards as required by Party A.第三条:劳动保护和工作条件Article 3: Labour Protection & Working Conditions4.甲方依据以下工时制度安排乙方的工作条件。Party A shall arrange Party Bs working conditions according to the following working hours system:不定时工时制度:乙方在保证完成甲方要求的工作目标

5、的前提下,可自行安排工作时间和休息时间。Non-fixed Hours System: Party B may arrange working hours, rest schedule by himself or herself provided that Party B can guarantee the fulfilment of the working objectives required by Party A.双方同意适用定时工时制度。但甲方保留因经营需要改变工时制度的权利。在此情形下,甲方应将该工时制度的改变书面通知乙方。The Parties agree to apply the

6、 Fixed hours System. However, Party A reserves the right to change the working hour system for business reasons. In such case, Party B will be notified in writing of such working hours system change.在执行定时工作制的情况下,甲方工作日的正常工作时间为:Party As regular office hours (during the work week, in accordance with th

7、e Fixed Hours System, will be as follows:周一至周五:上午10:00 时至下午20:00 时,其中包括午餐一小时。Monday - Friday: 10:00am to 8pm (Lunch: 1 hour5.甲方应向乙方提供必要的工作条件和设施,建立健全工作程序、流程,规章制度和工作安全保障制度与标准。5. Party A shall provide Party B with necessary working conditions and facilities, establish working procedures, workflows, rul

8、es, and occupational safety and security system and standards.6.甲方应按照国家和地方有关法律法规的规定,为乙方安排健康检查。6. Party A shall arrange medical health check-up for Party B in accordance with relevant laws and regulations provided by national and local government.第四条:报酬Article 4: Remuneration7.在实习期,乙方的税前工资为每月元人民币,在实习

9、期后,乙方的税前工资为每月元人民币,7. Party B will receive a monthly remuneration of RMB 1,500 gross during the probation period and RMB 1,800 gross after the probation period month该报酬应于次月的1 号前支付。The salary should be paid by the 1st day of following month.依据个人所得税法,甲方应按时向有关税务部门缴付乙方应缴的所得税。In accordance with the Indivi

10、dual Income Tax Law, Party A shall submit Party Bs individual income tax in a timely fashion to the relevant tax authority.8.双方均应对乙方工资严格保密。8. Both parties shall keep strictly confidential the salary of Party B.第五条:保险福利待遇Article 5: Insurance, Welfare & Benefits10.甲乙双方应根据国家和地方有关规定缴纳职工养老、失业、医疗、工伤、住

11、房公积金等社会保险费用。10. Party A and Party B shall pay premiums for social security insurance schemes such as Pension, Unemployment, Medicare, Occupational Injury, Housing F und, etc. in accordance with the relevant national and local regulations.11.乙方非因工疾病或负伤,在医疗期内工资及其医疗待遇按照国家和地方的有关法律法规执行。11. In case of ill

12、nesses or injuries unrelated to work, the salary during the remedial period as well as medical treatment shall be paid in accordance with the relevant national and local laws and regulations.12.乙方患职业病或因工负伤后的工资和医疗补助执行按照国家和地方的有关法律法规执行。12. The salary and Medicare benefits of Party B in case of occupati

13、onal diseases or work-related injuries shall be paid in accordance with the relevant national and local laws and regulations.第六条:劳动纪律Article 6: Labour Discipline13.乙方应遵守员工手册及甲方规定的一切规章制度、程序和惯例;严格遵守劳动安全卫生规定、工作流程与规范规则;爱护甲方的财产,遵守职业道德;积极参加甲方组织的培训,提高思想觉悟和职业技能。13. Party B shall abide by the employee handbo

14、ok and all rules, procedures and practices provided by Party A. Party B shall strictly adhere to working procedures and rules and the standards of occupational safety and health. Party B shall take care of all the assets of Party A, abide by professional morality, actively participate in training ar

15、ranged by Party A to improve professional skill and knowledge as well as consciousness.14.如果乙方违反上述劳动纪律,甲方有权依据甲方的规章制度对乙方进行纪律处分,直至不给予任何补偿而解除劳动合同。14. In case Party B violates the labour discipline above mentioned, Party A may impose upon Party B, punishments in accordance with Party A s rules up to the

16、 extent of terminating this Labour Contract without compensation.第七条:年假Article 7: Annual Leave15.雇佣期满一年后,乙方有权享受每年伍(5个工作日的带薪年假。15. Party B shall be entitled to take paid annual leave of five (5 working days per annum after the first year the employment.乙方休假前应与甲方相关管理人协商安排并获取甲方许可。The timing of Party Bs

17、 leave shall be subject to prior agreement in consultation with Party As relevant supervisor.第八条:合同的变更、解除、终止和续订Article 8: Modification, Rescission,Termination & Extension of the Labour Contract 16.如果约束本合同的法律和行政法规发生变化,本合同的相关部分应随之修改。16. In case a modification occurs in the laws and administrative

18、regulations which govern this Labour Contract, the corresponding part of this contract shall be modified accordingly.17.如果客观情况发生重大变化,以致本合同无法履行,本合同的有关部分经甲乙双方协商一致同意可以变更。17. In case a major change occurs in the circumstances under which this Labour Contract can no longer be performed, the relevant part

19、 of this contract may be modified upon agreement between Party A and Party B through amicable consultation.18.如果甲乙双方协商一致,本合同可以解除。18. This contract may be terminated upon mutual agreement between Party A and Party B.19.如果乙方出现下列情形,甲方有权不经事先通知,立即解除本合同:19. If Party B is under any of the following circums

20、tances, Party A shall have right to terminate immediately without any prior notice this contract:(一试用期内被证明不符合录用条件的;(i Has been proved not up to the requirements for recruitment during the probation period;(二严重违反劳动纪律或甲方规章制度的;(ii Has seriously violated labour discipline or the rules and regulations of

21、 Party A; (三严重失职,营私舞弊,对甲方利益造成重大伤害的;或(iii Has caused serious losses to Party A through gross negligence of duty or malpractice for personal gains; or(四被依法追究刑事责任的。(iv Has been convicted for criminal liability in accordance with the Chinese laws.在上述任何情形下,甲方不给予乙方任何补偿。In any of the above-mentioned cases,

22、 no compensation will be due to Party B by PartyA.20.在下列任何情形下,甲方应提前叁拾(30天以书面形式通知乙方或以支付一个月工资代替通知,可以解除本合同:In any of the following circumstances, Party A may terminate this Contract upon prior written notice of thirty (30 days to Party B or one (1 month salary in lieu of the notice:(一如乙方患病或非因工负伤,医疗期满后不

23、能从事原工作也不能从事甲方安排的其它工作;(i If Party B is unable to take up his original work or any work assigned by Party A after completion of the period of his or her medical treatment for illness or injury unrelated to his or her work;(二如乙方由于能力和/或任何其他原因不能胜任工作,经过培训和调整工作岗位仍不能胜任工作;或(ii If Party B is unqualified for t

24、he sake of competency and/or any other reasons for his or her work and remains unqualified even after receiving a training or after readjusting the work position; or(三如果双方不能依据本合同第17 项的规定,就变更本合同达成协议。(iii If no agreement on modification of this Contract can be reached by both parties as per Provision

25、17 of this contract.21.如果甲方濒临破产或经营面临严重困难,甲方应在解除合同之前向所有员工说明情况,听取其意见,并向劳动管理部门报告后可以解除本合同。21. In case Party A is close to bankruptcy or face bad business situation, Party A shall explain the situation to all its employees. After having solicited opinions from employees and reported the situation to the

26、administrative department of labour bureau, Party A will be entitled to terminate this contract.22.如果乙方有下列情形之一,甲方不应解除本合同:22. If Party B is under any of the following circumstances, Party A shall not terminate this Contract:(一患病或负伤,在规定的医疗期内的;(i Receiving medical treatment for diseases or injuries wit

27、hin the prescribed period of time.(二女职工在孕期、产期、哺乳期内的;(ii Being a female staff member during her pregnancy, maternity and lactation;(三复员军人或因其耕地被建设征用的“农转非”人员,自初次参加工作未满三年的;(iii Being demobilized army personnel or a farmer-turned-labourer whose cultivated land has been requisitioned for construction and

28、who is within three years after first being employed;(四义务服兵役期间的。(iv Being in compulsory army service.23.如果乙方经北京劳动鉴定委员会确认,因职业病或因工负伤在医疗期满后全部或部分丧失劳动能力,则双方应通过友好协商或根据政府的有关规定解除本合同。23. In case Party B is confirmed by the Labour Appraisal Committee of Beijing, to have totally or partially lost the ability t

29、o work due to occupational diseases orwork-related injuries after the completion of medical treatment, this contract can be terminated either through amicable negotiation between the parties or by following the related government regulations.24.乙方解除本合同应当提前叁拾(30日以书面形式通知甲方。24. If Party B wishes to ter

30、minate this contract, a prior written notice of thirty (30 days is required to be given to Party A.25.在下列情形下,乙方可以随时通知甲方解除本合同:25. In any of the following circumstances, Party B may notify at any time Party A to terminate this contract:(一在试用期内的;(i Within the probation period;(二甲方以暴力、威胁或非法限制人身自由的手段强迫乙方

31、劳动的;(ii Where Party A forces Party B to work by means of violence, intimidation, detention or illegal restriction of personal freedom;(三甲方未按照本合同约定支付劳动报酬或提供劳动条件的。(iii Failure on the part of Party A to pay labour remuneration or to provide working conditions as agreed upon this contract.26.如本合同为固定期限,则

32、期限届满时本合同自动终止。甲乙双方经协商同意可以延长或续订劳动合同。26. If the Contract has a fixed term, it will be terminated automatically at the end of this term. An extension or renewal of this Contract may be made through amicable consultation between the two parties.第九条:经济补偿与赔偿Article 9: Economic Compensation & Repayment2

33、7.下列情形之一,甲方应根据乙方在甲方的工作年限,每满壹年发给数额相当于乙方解除合同之前拾贰(12个月每月平均工资壹个月的经济补偿,但补偿的最高金额不超过拾贰(12个月的工资:27. In any of the following circumstances, Party B shall be entitled to an economic compensation equivalent to one monthly average salary amount of Party B in the last twelve (12 months before termination of this

34、 contract for each year o f Party B s service with Party A. However, the maximum amount compensation shall not exceed twelve (12 months of salary:(一经与乙方协商一致,甲方解除本合同的;(i If Party A terminates this contract upon agreement with Party B through consultation.(二乙方不能胜任工作,经培训或调整工作岗位仍不能胜任工作,由甲方解除本合同的。(ii If

35、Party A terminates this contract due to the un-qualification of Party B for Party Bs work and remains unqualified even after receiving a training or after readjusting the work position.28.下列情形之一,甲方应根据乙方在甲方的工作年限,每满壹年发给相当于甲方上壹年月平均工资或乙方解除合同之前拾贰(12个月平均工资中较高者壹个月的经济补偿:28. In any of the following circumsta

36、nces, Party B shall be entitled to an economic compensation equivalent to his/her monthly average salary of the last twelve (12 months before termination of this contract and for each year of his/her service period with Party A.(一根据劳动鉴定委员会(北京确认乙方因疾病或因工负伤不能从事合同规定的工作也不能从事甲方另行安排的工作,甲方解除本合同;(i If Party

37、A terminates this contract for the reason that Party B cannot do the contracted job nor the newly one assigned by Party A according to Labour Appraisal Committee (Beijing because of his/her disease or nonworking related injury.(二劳动合同订立时所依据的客观情况发生重大变化,致使本合同无法履行,并且经双方友好协商不能就相应变更本合同达成协议,由甲方解除本合同;(ii If

38、 a major change occurs in the circumstances in such a way this Labour Contract cannot be performed anymore and the two parties cannot reach an agreement to change this contract accordingly after mutual amicable consultation, this contract is therefore terminated by Party A.(三甲方由于濒临破产或经营发生严重困难,必须裁减人员

39、的。(iii If Party A must lay off people because it is in bankruptcy it is in difficult business situations.29.如果在解除本合同时,乙方为甲方工作的时间不足一年,经济补偿应按一个月的标准计算支付。不满半年,经济补偿应按半个月的标准计算支付29. If Party B has worked for Party A for less than one year upon termination of this contract, the economic compensation shall b

40、e paid on one month basis. If Party B has worked for Party A for less than half year upon termination of this contract, the economic compensation shall be paid on half month basis.30.如果由于乙方被劳动鉴定委员会(北京确认由于其非因工疾病或负伤,不能从事原工作或甲方另行安排的工作而解除本合同的,则甲方应向乙方支付相当于不低于按照甲方前一年人均工资六个月平均工资的医疗补助费;30. In case this cont

41、ract is terminated because Party B is confirmed by the labour Appraisal Committee (Beijing as being unable to take up his original work or any work assigned by Party A due to illness or injury unrelated to work, Party A shall alsopay Party B medical subsidies which shall correspond to no less than s

42、ix months of the monthly average salary amount of Party B in the previous year.31.甲方违反本合同约定的条件解除劳动合同或由于甲方原因订立的无效劳动合同,给乙方造成损害的,应按损失程度承担赔偿责任。31. In case Party A terminates the labour contract in violation of the terms and conditions set forth in this contract or if the contract is null and void due to

43、 Party As fault, Party A shall pay compensation for the related damages suffered by Party B.32.在本合同期间及本合同终止时,乙方应严格遵守其在本合同附件中所承诺的不披露和所有其他义务。如果乙方违反该义务,甲方因此遭受损失的,乙方有责任依据法律和有关法规的规定向甲方支付赔偿。否则,甲方保留采取法律程序保护甲方利益的权利。32. During the course of employment under this agreement, and upon termination of this agreem

44、ent, Party B shall strictly comply with the non-disclosure and all other obligations that Party B has agreed as detailed in the Appendixes of this Contract. In case of any damage suffered by Party A caused by the breach of such obligations by Party B, Party B shall be responsible for the payment of

45、compensation to Party A in accordance with the Law and relevant regulations. Otherwise, Party A reserves the right to take legal proceedings in order to protect Party As interests.33.如果乙方接受了甲方提供的培训和/或教育资助,并且乙方在其同意的为甲方服务的期限(自培训结束之日起计算内解除本合同,乙方应在本合同终止拾贰(12个月内向甲方赔偿甲方给予乙方的培训和/或教育资助。33. In case Party B i

46、s granted training and/or education financial aid from Party A and if Party B terminates this Contract before the term (from the completion date of the training during which Party B has agreed to serve Party A, Party B shall compensate Party A for incurred training expenses and/or education financia

47、l aid granted to Party B by Party A over the twelve (12 month period following the termination of this Contract.第十条:本合同解除、终止的一般后果Article 10: General Consequences in the Event of Termination34.除本合同所规定的其它权利和/或义务之外,本合同一旦解除或终止,所有的员工福利均应终止。因预支、社会保险计划、员工贷款计划、奖学金、债券或其它应由乙方支付给甲方的一切款项,必须偿还给甲方。乙方必须归还甲方曾经分配给乙方

48、使用的公司财产和/或物品。甲方保留在合同解除或终止时从向乙方支付的款项中抵扣该款项的权力乃至通过必要的法律手段追回乙方应支付给甲方的款项或物品。34. In addition to any other rights and/or obligations provided in this contract, upon termination of this Contract, all staff benefits shall cease. All monies due and owing under any of the advance, social security schemes, sta

49、ff loan scheme, scholarships, bonds or otherwise payable by Party B to Party A must be repaid to Party A. All the properties and assets issued to Party B by Party A must be returned upon the termination. Party A reserves the right to set off any such sum from the monies payable by Party A to Party B

50、 on termination as well as take necessary legal actions to retrieve all the payable, properties and assets from Party B.本合同终止,甲方应依据本合同条款和可适用的中国的有关规定,在乙方受雇于甲方的最后一日向乙方支付甲方应向乙方支付的一切款项。Upon termination of the present Contract, Party A shall pay all monies which may be due to party B until the last day o

51、f employment of party B by party A, in accordance with the terms of this Contract and the applicable Chinese regulations.第十一条:劳动争议处理Article 11: Settlement of Labour Disputes35.因履行本合同发生的任何争议,当事人可在自争议发生之日起陆拾(60日内向北京市劳动争议仲裁委员会申请仲裁。任何一方对裁决不满意的,可以向人民法院提起诉讼。35. Any dispute arising out of performance of th

52、is contract may be submitted by either party to the Labour Dispute Arbitration Committee (Beijing within sixty (60 days. In case any party is not satisfied with the decision of arbitration, the party may bring a lawsuit to the courts of PRC. Article 12- Miscellaneous第十二条:其它约定36.乙方应向甲方保证乙方与其它公司之间不存在任

53、何妨碍乙方受雇于甲方的协议。36. Party B shall represent to Party A that Party B has no agreement with another company, which would be an encumbrance for its employment with Party A.37.本合同未尽事宜或疏漏事项应以国家和地方的有关法律法规为准。37. The relevant national and local laws and regulations shall apply to any item which is not mention

54、ed in this contract.38.附加于本合同的一切附件应与本合同构成并应解释为同一个合同。(一誓约书:. 是/否(二关于保密和知识产权的协议:. 是/否(三非竞争协议:. 是/否(四工作描述:. 是/否38. Each of the Appendices annexed hereto shall constitute and be construed as partof one and the same agreement in the form of this Contract. These are:(I Deed of Covenant: . Yes/No(II Non-Di

55、sclosure & Intellectual Property Rights Agreement:. Yes/No(III Non-Compete Agreement: . Yes/No(IV Job Description: . Yes/No39.本合同正本两份,一份英文,一份中文。若中文本和英文本存在不一致之处,以中文本为准。39. This contract is made in parallel originals, one (1 in English and one (1 in Chinese. In the event there is any discrepancy b

56、etween the Chinese and the English versions, the Chinese version shall prevail.【】By: _签字人Name:姓名:Title:职务:Authorized Representative授权代表By: _签字人Name:姓名:附件部分APPENDICES附件一:誓约书APPENDIX I: DEED OF COVENANT致:北京xxx 商贸有限公司To: Beijing xxx Limited本人兹立约如下,只要本人仍为公司之职员:I hereby covenant that for so long as I rem

57、ain an employee of the Company:一、本人在工作时间应为公司之利益及本人对公司之职责投入全部的时间,精力和能力。在为公司工作的时间内,在任何情况下,本人将不直接或间接从事任何类型的其他事务。1. I shall devote the whole of my time, attention and abilities during my hours of work for the Company to my duties for the Company. I may not under any circumstances, whether directly or indirectly, undertake any other duties, of whatever kind, during my hours of work for the Company.二、未经公司事先书面同意(该同意不应不合理地不给予,本人将不直接或间接从事如下业务或职业:与本人在公司所从事的业务类似或有关联或相竞争的业务或职业;或者公司能够或可能合理地认为会损害本人以全部时间为公司最大利益服务能力的业务或职业。2. I may not w