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Model driver employment contract
Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B _ _ _ _ _ _ _ _ _ _ _
Date of Signing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Producer of Beijing Municipal Bureau of Labor and Social Security
Legal Representative of Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Registered address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B's _ _ _ _ Gender _ _ _ Resident ID Number _ _ _ _ _ _ _ _
Date of birth _ _ _ _ _ _ _ _ _ _ _
The starting time of working in Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Home address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The registered permanent residence is located in _ _ _ _ _ province (city) _ _ district (county) _ _ street (township).
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 _ _ _ _ _ _ _ _ _ _ _.
This contract will take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
This contract will be terminated on _ _ _ _ _ _ _ _ _.
Second, the work content
Article 2 Party B agrees to work in _ _ _ _ _ _ _ _
Article 3 Party B's work shall meet the standards of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Three. Labor protection and working conditions
Article 4 Party A arranges Party B to implement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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. Where Party A arranges Party B to extend the working hours, it shall pay no less than150% of the salary; Where Party A arranges Party B to work on rest days and fails to make up the rest days, it shall pay no less than 200% of the salary. Where Party A arranges Party B to work on legal holidays, it shall pay not less than 300% of the salary.
Party B's overtime pay base is _ _ _ _ _ _ yuan or _ _ _ _ _ _ yuan per day.
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 the salary in cash before _ _ _ every month, and the monthly salary shall be _ _ _ yuan or _ _ _ _ yuan. Party B is working hard.
Salary during the service period _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Other wage agreements between Party A and Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_____________________________________________________。
Article 9 If Party B waits for work due to Party A's insufficient production tasks, Party A shall pay Party B a monthly living allowance of RMB or RMB.
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. Party A shall pay sick pay to Party B according to _ _ _ _ _.
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:
_____________________________________________________
_____________________________________________________
_____________________________________________________
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 rules and regulations such as labor discipline, labor safety and hygiene, production technology, operating rules 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 the labor discipline or Party A's rules and regulations, and can terminate the labor contract according to Party A's regulations or the agreement in 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 this contract, if Party B requests to dissolve the labor relationship because Party A has not gone through the termination procedures, the labor relationship will 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;
Lawyer 365
(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 The compensation standard for Party B's breach of this contract is as follows:
________________________________________________
Article 37 If Party B is dissolved by Party A due to the circumstances 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.
Both parties agree that: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
________________________________________________
________________________________________________
________________________________________________
________________________________________________
X. other contents agreed by the parties.
Article 39 Party A and Party B agree to add the following contents to this contract:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
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: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
______________________________________________________
______________________________________________________
______________________________________________________
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.
Visa Authority (Seal)
Interviewer (signature or seal)
Date of signature: year month day.
#################################################
Renewal of labor contract
The term of this renewal of the Labor Contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (seal) and Party B (signature or seal)
Legal representative or entrusted agent (signature)
date month year
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the change of labor contract
Party A and Party B, through equality, voluntariness and consensus, make the following changes to the Contract:
1.___________________________________________________________________________
2.____________________________________________________________________________
3.____________________________________________________________________________
Party A (seal)
Party B (signature or seal)
Legal representative or entrusted agent (signature or seal)
20__ _ _ _ _ _ _ _
#################################################
explain
1. The employer may use this contract when signing a labor contract with the employee.
2. When the employer and the employee sign a labor contract with this contract, all the contents that need to be agreed upon by both parties shall be filled in the corresponding space after consultation.
When signing the labor contract, Party A shall affix its official seal; The legal representative or entrusted agent shall sign or seal himself.
Three. The terms to be added through negotiation between the two parties are agreed in Article 39 of this contract.
4. If other contents agreed by both parties cannot be filled in this contract and the labor contract is changed, a separate page can be attached.
5. This contract shall be filled in with pen or signature pen, with clear handwriting and concise and accurate words, and shall not be altered.
6. This contract is made in duplicate, each party holds one copy, and Party A shall not keep one copy handed over to Party B. ..
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