How To Draft Labor Technology Service Contract
Party A and Party B sign this contract in accordance with the relevant laws and regulations of the state and the municipality, and in accordance with the principles of voluntariness, equality and consensus.
First contract period
1. The term of validity of the contract: from the year of the year to the month of the year, from the date of the month to the end of the month (from the date of the month to the date of the month, the probation period), the employment relationship ends naturally.
2. One month before the expiration of the employment contract, the contract can be renewed through mutual consent.
3, the time limit for signing an employment contract shall not exceed the time limit for retirement stipulated by the state. The state and the city may extend the (retirement) age (time) by another provision, and renew the employment contract according to the prescribed conditions when Party B reaches the statutory retirement age.
4. After the expiration of this contract, any party who considers it no longer renews the employment contract shall notify the other party in writing one month before the expiration of the contract.
Second jobs
1, Party A shall sign a contract for employment with Party B according to the needs of the job and the intention of Party B to clarify the specific duties and responsibilities of Party B.
2, Party A can adjust the position of Party B and re sign the post appointment contract according to the needs of work and the business, performance and performance of Party B.
Third working conditions and labor protection
1, Party A implements a work system of 40 hours per week and 8 hours a day.
2, Party A shall provide Party B with a safe and hygienic working environment that meets the requirements of the state, and guarantee the safety of Party B and the environment under which the human body is not harmed.
3. According to the actual conditions of Party B's work, Party A shall provide Party B with necessary labor protection articles according to the relevant provisions of the state.
4, Party A can organize Party B to participate in necessary business knowledge training according to the need of work.
Fourth remuneration for work
1. According to the relevant regulations of the state, municipal government and units, Party A pays the wages of Party B to RMB per month.
2, Party A adjusts the salary of Party B according to the relevant regulations of the state, municipal government and units.
3, Party B enjoys the stipulated welfare benefits.
4, Party B enjoys holidays such as statutory holidays, summer and winter vacation, family visit, marriage leave, family planning and so on.
5. Party A pays the pension for Party B on time.
Benefits
Unemployment insurance and other social insurance payments.
Fifth work discipline, reward and punishment.
1, Party B shall abide by the laws and regulations of the state.
2, Party B shall abide by the rules and regulations stipulated by Party A and labor discipline, and voluntarily obey the management and education of Party A.
3. Party A shall be rewarded in accordance with the relevant provisions of the municipal government and units according to the performance and contribution of Party B.
4, if Party B violates Party A's rules and regulations and labor discipline, Party A shall be punished according to the relevant provisions of the municipal government and units.
Modification, termination and termination of sixth employment contracts
1, after the employment contract is signed in accordance with the law, the parties to the contract must fulfill the obligations stipulated in the contract in full and no party may alter the contract without authorization.
When the change is necessary, the two parties should reach a consensus and change the contract according to the original signing procedure.
If the two parties fail to reach an agreement, the original contract shall remain valid.
2, when the employment contract expires or the contract conditions terminated by both parties appear, the employment contract will terminate on its own.
One month before the expiration of the employment contract, the contract can be renewed through mutual consent.
3, Party A's unit is cancelled, and the employment contract is terminated voluntarily.
4, the contract can be terminated after the two parties agree to agree.
5 Party A can terminate the employment contract if there is one of the following situations.
(1) during the probation period, it is proved that it does not meet the terms of employment.
(2) serious violation of work discipline or rules and regulations of employing units;
(3) deliberately not completing the work tasks, causing serious losses to the company;
(4) serious dereliction of duty, malpractice, causing significant damage to the interests of Party A;
(5) be investigated for criminal responsibility according to law.
6. Party A may terminate the employment contract in any of the following circumstances, but notify the appointees in writing thirty days in advance.
(1) Party B is unable to engage in the original work after the illness or non occupational injury is due to medical treatment.
(2) Party B is not competent.
Train
Or adjusting jobs is still not up to the job.
(3) significant changes have taken place in the objective situation on the basis of the conclusion of the employment contract, resulting in the failure of the employment contract to be fulfilled.
(4) Party B fails to perform the employment contract.
7. Party A shall not terminate or terminate the employment contract under any of the following circumstances
(1) Party B is sick or injured within the prescribed medical period (except those stipulated in the fifth paragraph of article third of the Implementing Opinions).
(2) female workers in the period of pregnancy, childbirth and lactation (except those stipulated in the fifth paragraph of article third of the Implementation Opinions).
(3) other circumstances stipulated by laws and regulations.
8. Party B may notify the employing unit to terminate the employment contract in any of the following circumstances.
(1) during the probation period;
(2) Party A fails to pay remuneration or provide working conditions in accordance with the employment contract.
9. Party B shall notify Party A in written form thirty days ahead of time when it requests to terminate the employment contract.
Seventh economic compensation for breach and termination of employment contract
1. After the employment contract is agreed by the parties and the termination of employment contract by Party A (except in the probation period), Party A shall give an economic compensation equivalent to one month's salary for a full year in accordance with the working life of Party B in the unit, not exceeding twelve months at most.
2, Party B is not competent for the job. After training or adjustment, the job is still not competent. If Party A terminates the employment contract, Party A shall pay an economic compensation equivalent to one month's salary, at most, not more than twelve months, according to its working life in the unit and working time every year.
3.
Employ
There is a major change in the objective situation on the basis of the conclusion of the contract, resulting in the failure of the signed contract to be fulfilled. After the negotiation between the parties concerned can not reach an agreement on the change of the contract, Party A will terminate the employment contract, and Party A will receive an economic compensation for a month's wages per year for the employed person in the unit.
4. If Party A's unit is revoked, Party A shall pay an economic compensation for Party B's work life in this unit before being cancelled.
Every time the working hours are full, they are given an economic compensation for a month's wages.
(the amount of economic compensation is calculated on the basis of the last year's average wage for the termination of employment contract).
5. During the execution of the employment contract, Party B shall pay the liquidated damages for the basic salary of the month to party a when the contract is required to terminate the employment contract.
6, Party B shall notify Party A to terminate the employment contract because the employer fails to pay the remuneration according to the employment contract. Party A shall pay the payment according to the contract and cancel the contract at the same time.
Eighth other items
1, the two parties have disputes over the employment contract, and apply for arbitration in accordance with the law, and refuse to accept the arbitral award.
2, this contract is in three copies, Party A's two party, Party B, one party and Party B signed after the entry into force.
3. If the terms of this contract conflict with the laws and regulations of the state, the laws and regulations of the State shall prevail.
Party A (Gai Zhang) Party B (signature)
Representative (signature)
Contract time: date of contract signing: date, month and date
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