劳 动 合 同
- POSITION & TASKS OF WORK 职务及工作职责
- TRIAL PERIOD 试用期
- DURATION OF THE CONTRACT 合同期限
- SALARY 工资
- PREMIUM & BONUS 奖金及分红
- PERSONAL INCOME TAX 个人所得税
- TRAINING 培训
- WORKING HOURS 工作时间
- DISCIPLINE 劳动纪律
- SICKNESS & INJURY LEAVE 病假及伤假
- LABOUR SAFETY & HYGIENE劳动安全及劳动卫生保障
- SOCIAL INSURANCE 社会保险
- HOLIDAYS 休假
- EXCLUSIVITY & NON-COMPETITION 唯一性及非竞争协定
- CONFIDENTIALITY 保密协定
- RESPONSIBILITIES OF THE PARTIES 双方职责
- TERMINATION OF THE CONTRACT 合同终止
- AMENDMENT OF THE CONTRACT 合同修订
- APPLICABLE LAW 适用法律
- SETTLEMENT OF DISPUTES 争议的处理及解决
- MISCELLANEOUS 其它事宜
联 系 电 话：
法 定 代 表 人：
Hereinafter referred to as the “COMPANY”,
乙方（劳动者） 姓 名：
出 生 年 月：
出 生 地：
现 住 址：
联 系 电 话：
Hereinafter referred to as the “EMPLOYEE”,
Hereinafter collectively referred to as the “PARTIES”.
In accordance with the Labour Law and other relevant laws and regulations of the People’s Republic of China, the PARTIES have concluded the following labour contract (hereinafter referred to as the “CONTRACT”)
ARTICLE 1: POSITION & TASKS OF WORK
- The EMPLOYEE will have the following position:
- If necessary due to the management organisation of the COMPANY and or the competence and abilities of the EMPLOYEE the COMPANY may adjust the position, duties and responsibilities of the EMPLOYEE.
ARTICLE 2: TRIAL PERIOD
- The trial period will start on the date of signature of this CONTRACT. The duration of the trial period is three (3) months.During the trial period the EMPLOYEE will be bound by all articles of this contract.
- After the specified trial period and if no notice of termination is given the EMPLOYEE automatically becomes employed under the terms and conditions of this CONTRACT.
ARTICLE 3: DURATION OF THE CONTRACT
- The duration of this CONTRACT is twenty-four (27)months.
- This CONTRACT maybe extended upon agreement of both PARTIES. An extension to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES.
ARTICLE 4: SALARY
- The COMPANY shall define its own salary policy in accordance with regulations stipulated by the state and municipal government. The COMPANY shall ensure that the monthly salary of the EMPLOYEE is not less than the minimum pay standard set by the local government.
- The EMPLOYEE will receive a gross √monthly or 口annualsalary of 3,000.00 renminbi (RMB3,000.00) and increase thereafter the basis of the staff performance, the economic development of the COMPANY and according to the salary policy of the COMPANY approved by the Board of Directors of the COMPANY, and etc.
该员工税前工资将为 √每月 或 口每年叁仟元人民币，今后将按照该员工的工作表现、本公司的经济效益以及由本公司制定并经董事会批准的工资标准每年递增。
- Such salary shall be transferred to the bank account designated by the EMPLOYEE between the third and fifth day of each month.
ARTICLE 5: PREMIUM & BONUS
- At the full discretion of the Chairman and based upon his/her general attitude and the result of his/her work and fulfilment of his/her objectives detailed with his/her manager and at the beginning of each calendar year the EMPLOYEE will be entitled to an annual bonus not exceeding one (1) month of salary and shall be paid to the EMPLOYEE for each full calendar year which the EMPLOYEE works for the COMPANY in two (2) instalments the following year.
ARTICLE 6: PERSONAL INCOME TAX
- The EMPLOYEE shall pay individual income tax in accordance with the relevant laws and regulations of the People’s Republic of China. The COMPANY shall withhold such amount and pay it to the competent tax bureau.
ARTICLE 7: TRAINING
- The COMPANY will establish an EMPLOYEE training system and provide necessary training to the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and as the COMPANY needs.
ARTICLE 8: WORKING HOURS
- The COMPANY will implement working hour system of forty minimum(40) hours per week in accordance with the relevant laws and regulations exclusive of lunch time.
The working hours are from Monday to Friday from 9:00AM to 6:00PM with a one (1) hour for lunch that may vary in time so as to have at least one staff member in the office during lunch time.
- Subject to the operation needs the COMPANY may adopt irregular working hour system or calculate the working hours on synthetic basis.
- The COMPANY may extend the working hours of the EMPLOYEE after consultation with the EMPLOYEE according to the relevant laws and regulations.
The COMPANY pays the EMPLOYEE 300 percent of the salary, based on an hourly amount according to Article 4, hereto for working during official public holidays.
- Notwithstanding what provided hereof the COMPANY shall extend the working hours regardless of Article 8.1 and Article 8.3 in any of the following cases:
- Immediate action which must be carried out in case of natural disasters, accidents or other events that will endanger the EMPLOYEE’s life, health, property, or safety;
- Urgent repair which must be carried out in case of breaking down of operation equipment, communication, transportation and other facilities which will endanger COMPANY business or public interest;
- Continuous of the operation or business of the COMPANY which shall not be interrupted on stipulated holidays and rest days.
- Overhaul and maintenance of the equipment which shall only be made on stipulated holidays and rest days; and
- Emergency operation assignment concerning national defence.
ARTICLE 9: DISCIPLINE
- Apart from the provisions of this CONTRACT the EMPLOYEE must respect all relevant laws and regulations of the People’s Republic of China rules and regulations of the COMPANY and provisions of any relevant collective labour contract.
- The EMPLOYEE must respect and execute any and all formal instructions given to him/her regarding the duties and responsibilities of his/her tasks of work.
- In cases of an offence, gross misconduct, and or any violation of labour discipline the COMPANY will normally carry out the following procedure:
1 – Oral warning 口头警告
2 – First written warning 第一次书面警告
3 – Final written warning 第二次书面警告
4 – Dismissal 开除
- However the COMPANY reserves the right to omit any of these stages as the case may be.
- The EMPLOYEE has the right to appeal against written warnings or dismissal to the Labour Dispute Committee if any.
ARTICLE 10: SICKNESS & INJURY LEAVE
- The EMPLOYEE will be entitled to sickness and injury leaves in accordance with the relevant laws and regulations.
- The EMPLOYEE applying for sickness or injury leave shall fill in a ‘leave application form’ and get approval from his/her manager. Leave for more than two (2) days shall be approved by the Chief Executive Officer of the COMPANY and submitted to the Office Manager, Human Resources Manager or their Manager for verification and filing before going for leave.
In case of any sudden sickness or injury the EMPLOYEE shall inform his/her manager no later than the end of the first day. A written confirmation shall be submitted to the Office Manager and Human Resources Manager for verification and filing within two (2) days after he or she comes back to work.
- If the EMPLOYEE is absent for more than one (1) week he/she must ensure that the Chief Executive Officer are kept informed of the progress at weekly intervals.
- The EMPLOYEE taking sickness or injury leaves for more than one (1) day must provide a medical certificate issued by a qualified doctor. Failure or refusal to provide the certificate or providing false or inaccurate information will be deemed as a gross misconduct.
ARTICLE 11: LABOUR SAFETY & HYGIENE
- The COMPANY will establish a sound labour safety and hygiene facilities and shall strictly implement rules and standards of labour safety and hygiene of the People’s Republic of China, conduct labour safety and hygiene education, prevent accidents and reduce occupational hazards.
- The COMPANY shall provide the EMPLOYEE with labour safety and hygiene conditions and necessary articles in conformity with the relevant laws and regulations.
- The EMPLOYEE shall have the right to refuse to carry out any dangerous operation forced upon him/her by management personnel in violation of the relevant regulations.
ARTICLE 12: SOCIAL INSURANCES
- The COMPANY must join social insurance schemes for the EMPLOYEE in accordance with the relevant laws and regulations of the People’s Republic of China and shall pay on time social insurance premiums to the social insurance institutions according to the standards set by the local authorities.
ARTICLE 13: HOLIDAYS
- The EMPLOYEE enjoys statutory holidays for official public holidays, wedding, and funerals in line with the relevant laws and regulations of the People’s Republic of China.
- The EMPLOYEE is entitled yearly (for a full year worked) to a paid annual vacation of ten (10) working days exclusive of the statutory holidays.
The holiday’s reference period is from the first day of January to the thirty first day of December. Holidays accrued during one period have to be taken on the following holiday period. For the first year of employment, holidays will be accrued at pro rata temporis.
- After the EMPLOYEE completes five (5) years of continuous work for the COMPANY the EMPLOYEE is entitled yearly (for a full year worked) to one (1) further working day of paid annual vacation for each full year which the EMPLOYEE works for COMPANY, but the paid annual vacation shall not exceed twenty (20) working days in the aggregate.
- All leave must be taken at times agreed with the Chief Executive Officer of the COMPANY ten days in advance.
ARTICLE 14: EXCLUSIVITY & NON-COMPETITION
- The EMPLOYEE must devote in full all his/her working time to the COMPANY.
- It is strictly forbidden for the EMPLOYEE to have any other professional activity for himself/herself or and relatives or and third parties even free of charge.
- The EMPLOYEE undertakes not to exercise directly or indirectly on behalf of any competitor to the COMPANY even as free of charge or for himself/herself any activity which may compete with the business of the COMPANY for one (1) year after the termination of the present CONTRACT. This Article 14.3 is not applicable if termination of the CONTRACT is due to COMPANY for other reasons than the ones covered by Article 14 and Article 15.
- The EMPLOYEE shall pay the COMPANY an amount of RMB10,000 toRMB100,000 as a penalty clause if he/she does not comply with Article 14.1., Article 14.2., and Article 14.3. hereto. This amount does not include the possible actual damages which may be claimed by the COMPANY.
ARTICLE 15: CONFIDENTIALITY
- The EMPLOYEE shall keep strictly secret and confidential and not to disclose to any third PARTY any and all technical, economic, financial, client or marketing information acquired from the COMPANY and or obtained because of his/her activities in the COMPANY.
The EMPLOYEE shall not use any such information for any purpose whatsoever except within and for the tasks, duties, and responsibilities provided in this CONTRACT.
- The EMPLOYEE agrees that any disclosure or non authorised use of such information shall be considered as a serious misconduct except in the case whereby the EMPLOYEE has received a prior written permission from the COMPANY management.
- The EMPLOYEE shall comply with his/her confidentiality obligations pursuant to this Article 15 for the whole term of this CONTRACT and duration of five (5) years after the termination of the CONTRACT.
- The EMPLOYEE shall pay the COMPANY an amount of RMB10,000 to RMB100,000as a penalty if he/she does not comply with his/her confidentiality obligations pursuant to this Article 15. This amount does not include the possible actual damages which may be claimed by the COMPANY.
ARTICLE 16: RESPONSIBILITIES OF THE PARTIES
- Either of the PARTIES shall perform its responsibilities under this CONTRACT strictly in accordance with the provision hereof.
- Either of the PARTIES should bear responsibilities for compensation if it violates this CONTRACT, infringes upon the interests of the other PARTY and causes damages to the other PARTY.
ARTICLE 17: TERMINATION OF THE CONTRACT
- Either of the PARTIES shall be entitled to terminate this CONTRACT for reasons expressly provided by the relevant laws and regulations of the People’s Republic of China. Such termination of this CONTRACT shall comply with the proceedings provided by the relevant laws and regulations.
- Furthermore the COMPANY may terminate the CONTRACT for any one of the following reasons:
- The EMPLOYEE has a conflict between personal interest and the interest of the COMPANY in dealing with supplier, customers, and individuals of other organisations doing or seeking to do business with the COMPANY.
- The EMPLOYEE has asked for or received any advantage or benefits either in monetary or non monetary term of any kind form persons or organisations having business activities directly or indirectly with the COMPANY.
- The EMPLOYEE fails to perform his/her responsibilities under Articles 14 and Article 15 of this CONTRACT.
- The EMPLOYEE left from his/her work for more than five (5) working days without prior consent from the Chief Executive Officer except in the case of force majeure which prevent the EMPLOYEE from informing the Chief Executive Officer.
- The EMPLOYEE may also hand over a written notice of his/her resignation for personal reasons 30 days ahead. If the EMPLOYEE does not provide the COMPANY with one month’s notice, he/she should pay to the COMPANY one calendar month of salary and allowance mentioned in Article 4 as the compensation.
- The COMPANY shall pay to the EMPLOYEE any compensation pursuant to relevant laws and regulations of the People’s Republic of China in case of termination of this CONTRACT unless otherwise provided by the laws or resulting from the occurrence of the termination events agreed by PARTIES hereof or resignation of the EMPLOYEE for personal reasons.The maximum amount of compensation by the COMPANY will not exceed one calendar month of salary and allowance mentioned in Article 4
- In case of termination of this CONTRACT due to fault of the EMPLOYEE or resignation of the EMPLOYEE for personal reasons:
- COMPANY need not pay to the EMPLOYEE the yearly bonus provided in Article 5 hereto; and
- The EMPLOYEE shall refund to the COMPANY all the expenses and costs for the training provided to the EMPLOYEE according to Article 7 hereto.
ARTICLE 18: AMENDMENT OF THE CONTRACT
- This CONTRACT may be revised upon agreement of both PARTIES. Any amendment to this CONTRACT shall come into force only after a written agreement has been signed by both PARTIES.
ARTICLE 19: APPLICABLE LAW
- The formation, validity, and performance of this CONTRACT and disputes thereon shall be governed by the laws of the People’s Republic of China.
ARTICLE 20: SETTLEMENT OF DISPUTES
- Any disputes arising from the performance of or in connection with this CONTRACT shall be settled through friendly consultations between the PARTIES.
- In case no settlement can be reached through consultations the PARTIES can apply for mediation to the labour dispute conciliation committee established by the COMPANY, if any.
- If mediation can not be reached the PARTIES may apply to arbitration to the relevant labour dispute arbitration committee.
If a PARTY disagrees with the arbitrage award rendered by such committee this PARTY may file a suit in the Baohe District People’s Court within fifteen (15) days of being notified the said arbitrage award.
ARTICLE 21: MISCELLANEOUS
21.1 This CONTRACT shall be written in Chinese and English versions. In a case of discrepancy of interpretation between the Chinese and English versions the Chinese version shall prevail.
21.2 This CONTRACT is signed in three originals.
Signed and or chopped by the following PARTIES on **th, **, 20**.
合同双方于 年 月 日签署本合同并盖章：
****** Co., Ltd