Model Of Labor Contract In Mine And Underground Industry

< p > Party A (employing unit) Name: < /p >

< p > address: < /p >

< p > nature: < /p >

< p > legal representative (principal agent): < /p >

< p > Party B (worker) Name: < /p >

< p > gender: < /p >

< p > date of birth: < /p >

< p > Home Address: < /p >

< p > identity card number: < /p >

< p > Hunan labor and social security office printed < /p >.

< p > Party A and B agree to conclude this labor contract and abide by the terms and conditions of this contract on the basis of equality, voluntariness and consensus on the basis of the laws, regulations and regulations of the People's Republic of China labor law.

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< p > 1. Contract type and duration < /p >

< p > the first and second parties choose the following form to determine the term of this Contract: < /p >

< p > (1) there is a fixed period: from the date of the month to the date of the month.

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< p > (two) there is no fixed term: from the date of the month to the statutory or the termination conditions stipulated in this contract.

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< p > (three) to complete certain tasks (tasks) as a deadline.

It is terminated from the date of the month to the completion of the work.

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< p > the probationary period is from date month to month day, and the period is days.

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< p > two, work content < /p >

< p > Second, according to the needs of Party A, Party B agrees to work in the post.

After the agreement is agreed between Party A and Party B, jobs can be changed.

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< p > Third Party B shall fulfill the prescribed quantity of work on time and meet the required quality standards in accordance with the requirements of Party A.

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< p > three, working hours and rest leave < /p >

< p > Fourth, Party B implements a man hour system.

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< p > (1) when implementing standard working hours, Party A shall arrange for Party B to work for no more than eight hours per day, not exceeding forty hours per week.

Party A can extend the working hours after consulting with the trade union and Party B for the need of work. Generally, it can not exceed one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of Party B, the extension of working hours shall not exceed three hours per day, and shall not exceed thirty-six hours per month.

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< p > (two) the average daily working time should not exceed 8 hours, and the average working hours per week should not exceed 40 hours.

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< p > (three) Party B shall arrange the work hours, rest time and leave time.

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< p > Fifth when Party A extends the working time of Party B, Party B shall be arranged in accordance with the law to make up the rest of the time or pay overtime wages.

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< p > Sixth Party B shall enjoy the right of rest and leave provided by the state within the term of the contract. Party A shall guarantee that Party B shall rest at least one day a week.

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< p > four, labor protection and working conditions < /p >

< p > seventh, Party A shall strictly enforce the laws, regulations and rules of the state and local labor protection, provide Party B with the necessary labor conditions and labor tools, establish and improve the production process, formulate operation rules, work standards, and labor safety and health systems and standards.

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< p > Eighth Party A shall carry out safety production education and training for Party B, ensure that Party B has the necessary knowledge of safety production, be familiar with the relevant safety production rules and regulations and safe operation rules, and master the safe operation skills of this post.

If Party B fails to pass the safety production education and training, it may not be on duty.

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< p > ninth, Party A shall supervise and urge Party B to strictly carry out the safety production rules and regulations and safe operation rules of the unit, and inform Party B of the risk factors, preventive measures and emergency measures for the existence of workplaces and jobs.

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< p > {page_break} < /p >

"P > Party A shall inform Party B of the safety of labor and prevention of occupational hazards below: < /p >.

P > 1, < /p >

P > 2, < /p >

< p > 3, < /p >

< p > tenth party a must provide labor protection articles that meet national standards or industry standards for employees and supervise and educate Party B to wear and use them according to the rules of use.

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< p > eleventh if Party B is engaged in occupational hazards operation, Party A shall organize occupational health examination before and after departure from the relevant state regulations, and shall conduct regular health checks on Party B during the contract period.

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< p > twelfth Party B has the right to understand the risk factors, preventive measures and accident emergency measures of the workplaces and jobs, and has the right to make suggestions for Party A's safety production work. It has the right to refuse Party A's violation orders, ignore Party B's health behavior to Party A and management personnel, have the right to criticize, and report charges to the relevant departments.

Party A shall not reduce Party B's wages, benefits, etc., or cancel the labor contract concluded with Party B.

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< p > thirteenth, Party B should receive safety education and training, grasp the knowledge of safety production needed for the job, improve safety production skills, and enhance accident prevention and emergency response capabilities.

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< p > fourteenth Party B shall strictly observe the safety production rules and regulations and operation rules of Party A during the course of operation, obey management, and correctly wear and use labor protective articles.

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< p > five, labor remuneration < /p >

< p > fifteenth the salary standard of Party B during probation period is RMB / month.

During the probation period, the salary shall not be lower than 80% of the salary of the unit in the same industry or in the same post.

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< p > sixteenth after Party B's probation period, Party A shall determine the following forms of wages according to the wage system of the unit: < /p >

< p > (1) time wages.

The wages of Party B are composed of the following parts:,, and; the standards are RMB / month, yuan / month, yuan / month, yuan / month.

If the salary system of Party A changes or Party B changes in job position, it will be determined according to the new wage standard.

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< p > (two) piece rate.

Party A shall formulate a scientific and reasonable labor quota standard, and the agreed price per unit price shall be agreed upon.

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< p > (three) other forms of wages.

The specific agreement is specified in the clause of this contract.

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< p > Seventeenth Party A shall pay the wages of Party B on a monthly basis in the form of legal currency. The payday shall be paid on a monthly basis, and shall not be deducted or unreasonably defaulted.

Party A shall pay Party B's wages, and shall not violate the relevant minimum wage provisions of the state.

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< p > eighteenth Party A shall arrange for Party B to extend the working hours of the day, and shall pay no less than 150% of the salary of Party B's salary. If Party B fails to make up the rest on the day of rest, he shall pay no less than 200% of the salary of Party B, and arrange for Party B to work on statutory leave days, and shall pay no less than 300% of the salary of Party B's wages.

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< p > 2, serious violation of labor discipline or Party A's rules and regulations; < /p >

< p > 3, serious dereliction of duty and malpractice, causing significant damage to the interests of Party A. < /p >

< p > 4, being investigated for criminal responsibility or reeducation through labor according to law.

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< p > thirty-third, Party A can terminate this contract, but notify Party B in writing thirty days ahead of time: < /p >

< p > 1, Party B is ill or not injured by work, and after medical treatment is expired, he can not engage in the original work nor engage in any other work arranged by Party A; < /p >

< p > 2, Party B is not competent for the job, and after training or adjustment, it is still not competent for the work; < /p >

< p > 3, the parties can not reach an agreement on the modification of the contract in accordance with the thirtieth clause of this contract.

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< p > thirty-fourth when Party A is on the verge of bankruptcy, during the period of statutory rectification or serious difficulties in production and operation (the standards set by the local government), it may be terminating the contract by explaining the situation to the trade union or all the staff members, listening to the opinions of the trade unions or workers, and reporting to the labor and social security administrative department.

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< p > thirty-fifth Party A shall not terminate or terminate this contract in accordance with the thirty-third and thirty-fourth articles of this Contract: < /p >

< p > 1, if occupational disease or occupational injury is reached, the state contract shall not terminate or rescind the labor contract grade; < /p >

< p > 2, illness or injury, within the prescribed medical period; < /p >

< p > 3, female workers during pregnancy, childbirth and lactation period; < /p >

< p > 4, demobilized soldiers and land conversion workers for the first time were less than three years; < /p >

< p > 5, compulsory military service; < /p >

< p > 6, acting as the representative of collective bargaining in performing the duties of representative; < /p >

< p > 7, in accordance with laws and regulations, and other circumstances.

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< p > thirty-sixth, under any of the following circumstances, Party B may at any time notify Party A to terminate this contract. Party A shall pay Party B corresponding labor remuneration and pay social insurance according to law: < /p >

< p > 1, during probation period; < /p >

< p > 2, party a coercive labor by means of violence, threat or illegal restriction of personal freedom; < /p >

< p > 3, Party A can not pay labor remuneration or provide labor conditions in accordance with the provisions of this contract.

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< p > thirty-seventh Party B shall notify Party A in written form thirty days ahead of time when it terminates the labor contract.

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< p > thirty-eighth, when the contract expires, the labor contract will be terminated.

Party A and Party B can renew their labor contracts through consultation.

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< p > thirty-ninth after the expiration of this contract, the two parties still have labor relations. Party A shall fill in or renew the labor contract with Party B in time. When the two sides fail to agree on the contract period, the time limit for the renewal or renewal of the contract shall not be less than the month from the date of signing.

If Party B meets the conditions for renewal of the labor contract without fixed term, Party A shall sign a fixed term labor contract with him.

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< p > < /p >.

< p > fortieth, when a non fixed term labor contract is concluded, there is a statutory termination condition or the following termination conditions stipulated by Party A and B, which terminate.

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< p > {page_break} < /p >

< p > nine, economic compensation and compensation < /p >

< p > forty-first Party A shall pay Party B's economic compensation in accordance with the following standards: violation of labor contract: < /p >

< p > 1, Party A's deductions or undue arrears of wages for Party B, and refusing to pay the wages of Party B's extension of working hours, in addition to the full payment of Party B's wages within the prescribed time, it also needs to add an economic compensation equivalent to twenty-five percent of the remuneration.

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< p > 2, when Party A pays Party B's salary less than the local minimum wage, it should pay the equivalent amount below the standard part and compensate the economic compensation equivalent to less than twenty-five percent of the minimum wage.

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< p > forty-second Party A relieves Party B's labor contract, except for the thirty-second provision of this contract, Party A shall pay Party B's economic compensation according to the relevant regulations of the state and the place.

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< p > forty-third after Party A has terminate the labor contract of Party B, Party B has not provided Party B with financial compensation in accordance with the regulations. In addition to the full amount of the economic compensation, Party B shall also pay an additional economic compensation amount of fifty percent of the amount of the economic compensation.

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< p > forty-fourth if Party B is sick or not injured by work, if the labor capability appraisal committee confirms that it can not engage in the original work or dispose of the work arranged by Party A and terminate the contract, Party A shall issue a medical subsidy for Party B's salary not less than six months in addition to thirty-eighth, and the monthly wage standard shall be calculated according to the average monthly salary of twelve months before the termination of the contract by Party A under normal production conditions. If the average monthly salary of Party B is lower than that of the enterprise's monthly average wage, it shall be performed according to the monthly average wage standard of the enterprise.

Serious illness and incurable diseases should also increase the medical subsidy. The increase of serious illness is not less than fifty percent of the medical subsidy. The increase in the number of incurable diseases is not less than one hundred percent of the medical subsidy.

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< p > forty-fifth Party A shall cause damages to Party B if it delays in intentional procrastination, fails to renew the labor contract with Party B, contracts with Party B for invalid labor contracts, violates the provisions or infringes upon the legitimate rights and interests of Party B, and terminates the labor contract. Party A shall make a compensation for Party B's loss by pressing the following provisions: < /p >

< p > 1, resulting in loss of Party B's wages and salaries, and shall be paid to Party B on the basis of Party B's salary income, plus the compensation fee of 25% of the required wage income; < /p >

< p > 2, causing the loss of labor protection treatment of Party B, the labor protection allowance and articles of Party B shall be filled according to the state regulations.

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< p > 3, resulting in loss of work-related injury and medical treatment for Party B, except for work-related injuries and medical treatment provided by Party B in accordance with state regulations, Party B shall also pay 25% of the cost of medical treatment. < /p >

< p > 4, if Party B is a female worker or underage worker, the health damage caused by Party B shall be paid in addition to the medical treatment provided by the state according to the state regulations, and the compensation fee equivalent to 25% of its medical expenses shall be paid; < /p >

< p > forty-sixth if Party B terminates the labor contract in violation of the provisions or the provisions of this contract and causes losses to Party A, Party B shall compensate Party A for the following losses: < /p >

< p > 1, the training fee and recruitment fee paid by Party A; < /p >

< p > 2, direct economic losses caused by production, operation and work; < /p >

< p > 3, other compensation stipulated in this contract.

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< p > ten, liability for breach of labor contract < /p >

< p > forty-seventh when a party violates this contract, he shall bear the responsibility for breach of contract and pay liquidated damages to the other party < /p >.

< p > yuan.

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< p > forty-eighth, other liabilities for breach of contract < /p >

< p > eleven, other matters agreed by both parties < /p >

< p > forty-ninth < /p >.

< p > twelve, labor dispute settlement < /p >

< p > fiftieth, in order to fulfil the labor dispute arising from this contract, the parties concerned may apply for mediation to the labor dispute mediation committee of the unit, unwilling to mediate or conciliation, and if one party asks for arbitration, it shall apply to the labour dispute arbitration committee for arbitration within sixty days from the date of the occurrence of the labor dispute.

One party may also apply directly to the labor dispute arbitration committee for arbitration, and if it refuses to accept the arbitral award, it may bring a suit in the people's court.

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< p > thirteen, other < /p >.

< p > fifty-first special agreements and rules and regulations below are the annexes of this contract and have the same legal effect as this contract.

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< p > (1) < /p >.

< p > (two) < /p >

< p > (three) < /p >

< p > fifty-second matters not covered by this contract can be settled by another party, which is contrary to the relevant laws and administrative regulations in the future.

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< p > fifty-third, this contract is in two copies. Each party holds one copy.

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< p > fifty-fourth Party B determines the following addresses are labor relations management related documents and service addresses.

If the following address changes, Party B shall inform Party A in writing.

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< p > (especially note: the above provisions shall be carefully read before signing the contract, and the details of this contract and the contents of the annex shall be read in advance.

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< p > Party A: (Gai Zhang) < /p >

< p > legal representative or < /p >.

< p > (authorized agent): (signature) < /p >

< p > date month < /p >.

< p > Party B: (signature) < /p >.

< p > date month < /p >.

< p > authentication institution: (Gai Zhang) the witness: (signature) < /p >

< p > < /p >.

< p > date month < /p >.