2, according to this system for labor contract conclusion, renewal, change, dissolution, termination and other procedures;
3 strengthen the basic work of labor contract, implement dynamic management, and promote the standardization and standardization of labor contract management. Chapter II Conclusion of Labor Contract Article 4 (Contract Text) Labor contracts are concluded in written form. The company follows the principle of fairness and justice and provides the text of the labor contract. The labor contract is made in duplicate, one for the company and one for the employee. Article 5 (Right to Know) In the process of signing a contract, employees can know the company's rules and regulations, working conditions, labor remuneration and other information related to the provision of labor; When recruiting, the company can know the health status, education, professional knowledge and work skills related to the job application, and both parties should truthfully explain. Article 6 (Terms of Contract) According to the provisions of the Labor Law, the company's labor contract has the following necessary terms: (1) the term of the labor contract; (2) Work content; (3) Labor protection and working conditions; (4) Labor remuneration; (5) labor discipline; (6) Conditions for the termination of the labor contract; (seven) the responsibility for violating the labor contract.
At the same time, according to the actual situation of the company, negotiate and agree on other terms such as service period and keeping business secrets. Article 7 (Term of Contract) The term of the company's labor contract is one to three years, which shall be determined through consultation according to different positions and qualifications. After the expiration of the labor contract, the labor contract can be renewed through consultation between both parties. Article 8 (Probation Period) The Company has stipulated the probation period in the labor contract, which is two months before the performance of the one-year contract, three months before the performance of the two-year contract and six months before the performance of the three-year contract. Article 9 (Service Period) For employees who enjoy the special treatment provided by the company, such as paying recruitment and training fees or providing special treatment such as overseas study and housing subsidies, the company shall agree on a service period of three to five years. Employees should follow the principle of good faith and strictly abide by the service period, otherwise they will be liable for breach of contract. Article 10 (Confidentiality) The company shall stipulate the confidentiality responsibility for the technical information and business information that must be kept confidential. For employees who keep company secrets and request to terminate the labor contract, they shall notify the company in writing six months in advance; Or, after the termination of the labor contract for a certain period of time, you may not engage in business that competes with the company for yourself or others, and the company will give employees 20%-40% of their salary income as economic compensation within a certain period of time. Article 11 (Punishment) Employees who violate the service period and keep business secrets shall be liable for breach of contract. The company will investigate the liability for breach of contract in the form of liquidated damages. In case of violation of the service period, the liquidated damages will decrease according to the value of the special treatment provided by the company and the proportion of the working period; Those who violate the confidentiality agreement shall bear the liquidated damages according to the amount agreed in advance, but if the agreed liquidated damages are lower than the actual losses, they shall be compensated according to the actual losses. Chapter III Performance of Labor Contract Article 12 (Effective Performance) A labor contract shall come into effect as of the date when the contract term begins. Article 13 (Modification of Contract) If the company and the employees think it necessary, they can modify, supplement and abolish some terms of the original labor contract in writing through consultation. Either party shall not change it at will. If negotiation fails, the labor contract will continue to be performed. Article 14 (Termination of Contract) Due to changes in objective circumstances and statutory or agreed reasons, the company and employees may not assume the rights and obligations agreed upon in the contract for a certain period of time. When the contract is suspended or expires, the contract is terminated. Article 15 (Termination of Contract) 1. Terminate by negotiation. During the performance of the labor contract, when both the company and the employees think that it is no longer necessary to continue to perform the contract, no matter who proposes to terminate it first, the labor contract can be terminated as long as an agreement is reached, but the employees take the initiative to do so without giving economic compensation. 2. The company was dissolved. The company may terminate the labor contract at any time due to the employee's non-fault reasons (expiration of medical shutdown, incompetence) and objective conditions, and may notify the employee 30 days in advance, or terminate the labor contract at any time due to the employee's fault (non-compliance with employment conditions and serious violation of discipline). The employee was dismissed. Employees should notify the company 30 days in advance when they propose to terminate the labor contract, and they can terminate the labor contract at any time during the probation period or when the company really violates the rules and fails to fulfill the agreed conditions. Article 16 (Termination of Contract) A labor contract may be terminated when it expires, the qualification of the subject of the labor contract is lost or it cannot be performed objectively. Article 17 (Extension of Contract) According to the provisions of laws and regulations, during the period when employees should be given special protection (medical treatment period and "Phase III" period for female employees), the company will not terminate the labor contract until these situations are over. Chapter IV Economic Compensation and Liability for Breach of Contract Article 18 (Economic Compensation) According to the provisions of relevant laws and regulations, the company provides economic compensation to the following employees who dissolve or terminate the labor contract: 1. After consultation between both parties, the company proposes to terminate the labor contract;
2. Due to the company's violation, the employee proposes to terminate the labor contract;
3. Employees are still incompetent after training or adjustment;
4. After the medical shutdown expires, he can't engage in the original work or arrange another job;
5. Major changes have taken place due to the objective conditions of the company (such as changing production, relocation, technical transformation, merger, division, etc.). ), the original contract cannot be fulfilled and cannot be changed through negotiation, or the company really needs to lay off employees according to law. Article 19 (Compensation Standard) 1. Payment standard. According to the employees' working years in our company, they will be compensated for one month's salary every year. If they can't work normally after the medical shutdown expires, they will be given medical assistance for six months' salary. 2. Calculation criteria. The monthly wage income of compensation and Medicaid is calculated according to the average wage income of employees in the twelve months before the termination of the labor contract. Article 20 (Legal Liability) If a labor contract is invalid or partially invalid due to subjective fault, which causes damage to the other party, it shall be liable for compensation; Those who violate the labor contract shall bear corresponding responsibilities, and those who cause economic losses to the other party shall be liable for compensation. Article 21 (Labor Disputes) Disputes arising from differences in labor rights and obligations between the company and employees shall be settled through negotiation, application for mediation, arbitration and even litigation in accordance with the provisions of the Labor Law. Chapter V Labor Contract Management Article 22 (System Management) This management system shall be publicized within the company, and publicity and education shall be carried out, with regular supervision and inspection. The company insists on this system to standardize the company's labor contract management behavior and ensure the full performance of the labor contract. Article 23 (Operational Practice) The Company shall sign, renew, change, dissolve and terminate the labor contract according to the following operating procedures and written procedures: 1, and conclude. The company shall conclude a written labor contract with the employee from the date of employment, and submit it to the labor administrative department of the government for examination and approval as required. Each party to the labor contract holds one copy.
Step 2 lift it up. If the company terminates the labor contract with its employees, it shall issue a notice of termination of the labor contract, specify the time for termination of the labor contract, and deliver it to the employees.
3. update. If the company agrees to renew the labor contract with the employee upon the expiration of the labor contract, it shall serve the employee with the Notice of Intention to Renew the Labor Contract within 30 days before the expiration of the labor contract, and go through the renewal formalities through consultation.
4. Extension. If the term of the labor contract expires and meets the conditions for extending the term of the contract, the company may extend the term of the labor contract unless I request not to extend it. The company shall record the extension of the term of the labor contract in writing.
5. Termination. If the company or employee terminates the labor contract due to the expiration of the labor contract, the notice of termination of the labor contract shall be delivered to the employee before the expiration of the labor contract, and the termination time shall be indicated. Article 24 (Management Account) A company shall establish and improve a management account, record the employment situation of the company and the basic situation of employees, reflect the changes of labor relations, and ensure the implementation of dynamic management. 1, basic information of labor contract account (general ledger);
2, the labor contract signing, alteration, dissolution and termination account (personal account);
3, employee training record account (induction training, job transfer training, funded training);
4, employee attendance statistics account (working hours, vacations, overtime, etc. );
5, employee medical period management account (medical items, medical period);
6. Description of other special agreements (such as special agreements or supplementary agreements that stipulate the service period and keep business secrets). Article 25 (Others) 1. If this system conflicts with relevant national laws, regulations, rules and normative documents, it will be revised in time.
2, all employees, should be familiar with this system, fully and correctly implement this system, in order to safeguard the legitimate rights and interests of both companies and employees, and promote and improve labor productivity.
3. This system has been implemented since _ _ _ _ _.