Work and work are in the same book.
Party A:
Party B:
Date of signature: year month day.
Producer of Beijing Municipal Bureau of Labor and Social Security
Party A: Legal Representative
registered address
Party B's gender ID number
Date when Party A starts to work
Street (township) in the province (city) district (county) where the household registration is located.
According to the Labor Law of People's Republic of China (PRC) and relevant regulations, Party A and Party B voluntarily sign this contract through equal consultation and jointly abide by the terms listed in this contract.
I. Term of Labor Contract
Article 1 This contract is a fixed-term labor contract.
This contract shall come into effect on, and the probation period shall end on,.
This contract is terminated on.
Second, the work content
Article 2 Party B agrees to take up the post (type of work) according to Party A's work needs.
Article 3 Party B's work shall meet the standards.
Three. Labor protection and working conditions
Article 4 Party A arranges Party B to implement the standard working hours system.
Where the standard working hour system is implemented, Party B shall work 8 hours a day and 40 hours a week.
Where the comprehensive working hours system is implemented, the average working hours of Party B shall not exceed 8 hours per day and 40 hours per week.
Where the flexible working hours system is implemented, Party B shall arrange the working and rest time by itself under the condition of ensuring the completion of Party A's work tasks.
Article 5 Where Party A arranges Party B to work overtime, it shall abide by the provisions of laws and regulations.
Article 6 Party A shall provide Party B with necessary working conditions and tools, establish and improve production technology, and formulate operating rules, work scope and labor safety and health system.
Article 7 Party A shall be responsible for educating Party B on professional ethics, business technology, labor safety, labor discipline and Party A's rules and regulations.
Fourth, labor remuneration.
Article 8 Party A shall pay Party B's salary in cash before the last working day of each month. The monthly salary standard is basic salary+post salary+performance salary.
Other wage agreements between Party A and Party B Party B's post salary and performance salary shall be implemented according to the departmental assessment standards and payment time.
Article 9 If Party B waits for work due to insufficient production tasks of Party A, the monthly living expenses paid by Party A to Party B shall not be lower than the basic living expenses standard of Beijing.
Verb (abbreviation for verb) insurance benefits
Article 10 Party A and Party B shall participate in social insurance according to the regulations of the State and Beijing Municipality. Party A handles relevant social insurance procedures for Party B. ..
Article 11 The medical treatment for Party B's illness or non-work-related injury shall be implemented according to the relevant regulations of the State and Beijing.
Article 12 The treatment of Party B suffering from occupational diseases or work-related injuries shall be implemented according to the relevant regulations of the State and Beijing.
Article 13 Party A shall provide Party B with the following welfare benefits: basic monthly salary, comprehensive subsidy, year-end bonus, social insurance and vacation system.
Six, labor discipline
Article 14 Party A shall formulate rules and regulations and labor discipline according to the needs of production and operation.
Where Party B violates labor discipline and Party A's rules and regulations, Party A has the right to handle it according to the rules and regulations until the Contract is dissolved.
Article 15 Party B shall abide by the rules and regulations of labor discipline, labor safety and health.
Production technology, operating procedures and work specifications; Take care of Party A's property and abide by professional ethics; Actively participate in the training organized by Party A to improve their own quality.
Seven. Alteration and rescission of labor contract
Article 16 Under any of the following circumstances, Party A and Party B shall modify the labor contract and handle the contract modification procedures in time:
(1) Both parties reach an agreement through consultation;
(2) The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform;
(3) The laws, regulations and rules on which this Contract is based have changed.
Article 17 According to Item (2) of Article 16, if one party requests to change this contract, it shall notify the other party in writing of the change request, and the other party shall give a written reply to the other party within 15 days (inclusive); Failure to reply within 15 days will be regarded as disagreement to change this contract.
Article 18 The Contract may be dissolved through negotiation between Party A and Party B. ..
Article 19 If Party B is in any of the following circumstances, Party A may terminate this contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(2) Party B has seriously violated labor discipline or Party A's rules and regulations, and the labor contract can be dissolved according to Party A's regulations or this contract;
(3) Serious dereliction of duty and graft, which has caused great damage to the interests of Party A;
(4) Being investigated for criminal responsibility according to law.
Article 20 Under any of the following circumstances, Party A may terminate this contract, but it shall notify Party B in writing 30 days in advance:
(1) After Party B suffers from illness or non-work-related injury, Party A can't take up the original job or other jobs arranged by Party A after the medical treatment expires, or Party A can't arrange other jobs because it doesn't meet the national and municipal regulations on industries and jobs;
(2) Party B is not qualified for the job, and is still not qualified for the job after training or post adjustment;
(3) The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform, and Party A and Party B cannot reach an agreement on changing the labor contract through consultation.
Article 21 In any of the following circumstances, if Party A really needs to reduce its staff, it shall explain the situation to all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor and social security department before terminating the contract:
(1) Being on the verge of bankruptcy during the legal rectification period;
(2) Relocation due to the prevention and control of industrial pollution sources;
(3) There are serious difficulties in production and operation.
Article 22 In case of any of the following circumstances of Party B, Party A shall not dissolve this Contract according to Articles 20 and 21 of this Contract:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have reached the disability level;
(2) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(3) Female employees during pregnancy, childbirth and lactation;
(4) Having worked in Party A continuously for more than 65,438+00 years, and less than 5 years before the statutory retirement age;
(5) Demobilized veterans who have been working for less than 3 years for the first time;
(six) for the first time to participate in the land acquisition and construction of non-workers who have worked for less than 3 years;
(7) During compulsory military service;
(eight) the employee representatives of collective bargaining within 5 years from the date of being appointed as representatives during the labor contract period.
Article 23 If Party B terminates this contract, it shall notify Party A in writing 30 days in advance, and Party A shall handle relevant formalities. Except that the economic losses caused by Party B to Party A have not been dealt with.
Article 24 Under any of the following circumstances, Party B may notify Party A to terminate this contract at any time:
(1) is in the probation period;
(2) Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
(3) Party A fails to pay labor remuneration or provide working conditions as agreed in this Contract;
(4) Party A fails to pay social insurance premiums for Party B according to law.
Article 25 After the expiration of the term of this contract, the termination formalities are not handled due to Party A's reasons.
Where Party B requests to dissolve the labor relationship, the labor relationship shall be dissolved immediately.
Eight. Termination and renewal of labor contract
Article 26 This contract shall be terminated in any of the following circumstances:
(1) The term of the contract expires;
(two) the termination conditions stipulated in the contract appear;
(3) Party B meets the statutory retirement conditions;
(4) Party A is bankrupt or dissolved according to law;
(five) other circumstances stipulated by laws, regulations and rules.
Article 27 30 days before the expiration of this contract, Party A shall notify Party B in writing to terminate or renew the labor contract. Where Party A fails to notify Party B to terminate the Labor Contract in advance, it shall pay Party B compensation of 65,438+0 days' salary for every delay of 65,438+0 days, based on the average daily salary of Party B last month.
Article 28 In any of the following circumstances, the contract shall be renewed and the renewal procedures shall be handled in time:
(1) Both parties agree to renew the Labor Contract;
(2) Party B requests to renew the labor contract after the expiration of the term of this contract and the labor relationship still exists without going through the formalities of dissolving the labor contract.
In the case of Item (2) of this article, if both parties fail to reach an agreement on the renewal period of the labor contract, the renewal period of the labor contract shall not be less than 12 months from the date of signing; If Party B meets the conditions for renewing the open-ended labor contract, Party A shall sign an open-ended labor contract with it.
Nine. Economic compensation and compensation
Article 29 Under any of the following circumstances, Party A shall pay economic compensation to Party B according to the following standards:
(1) Where Party A deducts or defaults on Party B's salary without reason, or refuses to pay Party B's overtime salary, it shall pay Party B's salary in full, and also pay economic compensation equivalent to 25% of the salary;
(2) If the salary paid to Party B is lower than the minimum wage in Beijing, it shall make up the lower part and pay economic compensation equivalent to 25% of the lower part.
Article 30 Under any of the following circumstances, Party A shall pay 1 month's salary as economic compensation for every job 1 year, and the maximum amount of compensation for dissatisfaction with 1 year's salary shall not exceed 1 2 months:
(1) Party A and Party B negotiate to terminate this contract;
(2) Party B is not competent for the job, and Party A terminates this contract after training or post adjustment;
(3) Upon the expiration of this Contract, if the termination formalities are not handled due to Party A's reasons, the labor relationship still exists, and the labor relationship shall be dissolved by both parties through negotiation.
Article 31 Under any of the following circumstances, Party A shall pay Party B the economic compensation equivalent to Party A's average monthly salary 1 year according to Party B's working years in Party A; If it is less than 1 year, it shall be calculated as 1 year. If the average monthly salary of Party B before the termination of this Contract is higher than that of Party A in 65,438+02 months, it shall be calculated by himself.
(1) Party B suffers from illness or non-work-related injury, and cannot engage in the original job or other jobs arranged by Party A;
(2) The objective circumstances on which this Contract was concluded have changed greatly, which makes this Contract impossible to perform, and Party A and Party B cannot reach an agreement on changing this Contract through negotiation;
(3) Party A cuts staff.
Article 32 The calculation and payment standard of economic compensation paid by Party A to Party B shall not be lower than the minimum wage standard in Beijing.
Article 33 After the termination of this contract, if Party A fails to pay economic compensation to Party B as required, it shall pay 50% of the economic compensation in addition to full payment.
Article 34 If Party A terminates the Labor Contract according to Item (1) of Article 20 of this Contract, it shall pay medical subsidy of not less than 6 months' salary. 50% Medicaid for seriously ill patients and 0/00% for terminally ill patients.
Article 35 If Party A terminates the labor contract in violation of the provisions of this contract or concludes an invalid labor contract due to Party A's reasons, thus causing damage to Party B, it shall be liable for compensation according to the degree of loss.
Article 36 If Party B accepts the training and recruitment funded by Party A and violates the stipulations of this contract, it will terminate the contract and pay compensation according to the corresponding standards.
Article 37 If Party B is dissolved by Party A due to the circumstances specified in Item (2) and Item (3) of Article 19 of this contract, and thus causes losses to Party A, it shall be liable for compensation.
Article 38 If Party B terminates the labor contract in violation of the conditions agreed in this contract or infringes on business secrets, thus causing economic losses to Party A, it shall be liable for compensation according to law.
X. other contents agreed by the parties.
Article 39 Party A and Party B agree to add the following contents to this contract:
not have
XI。 Labor disputes and other handling
Article 40 In case of any dispute arising from the performance of this Contract, both parties may apply to the Labor Dispute Mediation Committee of Party A for mediation. If mediation fails, it shall apply to the Labor Dispute Arbitration Committee for arbitration within 60 days from the date of occurrence of the labor dispute.
One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration.
Article 41 The annexes to this contract are as follows: employee handbook and employee confidentiality agreement.
Article 42 If the matters not covered in this contract are inconsistent with the relevant provisions of the state and Beijing in the future, the relevant provisions shall prevail.
Article 43 This contract is made in duplicate, with each party holding one copy.
Party A (official seal) and Party B (signature or seal)
Legal representative or entrusted agent
(Signature or seal)
Date of signature: year month day.