Model personnel employment contract

The personnel employment contract is the legal form to realize the personnel employment system, so how to write the personnel employment contract? The following is a sample of the personnel employment contract that I compiled for you. Thank you for your appreciation.

personnel employment contract model wenyi

employer:

employee:

ID number:

According to the Labor Law of the People's Republic of China, the Labor Contract Regulations of Shenzhen Special Economic Zone and other relevant laws and regulations, the two parties reached the following agreement on the principle of equality, voluntariness and consensus:

I. Work.

II. Term of Contract

According to the nature of the position of the employee, Party A adopts the first contract form:

(1) Fixed contract term: from ……………………………………………………………………………………………………………………. The probation period is months.

(ii) Open-ended contract term: both parties shall terminate this contract from _ _ _ _ 2 until the termination conditions of this contract appear.

III. Working hours

(1) Party A adopts the standard working hour system stipulated by the state, that is, the employee works 8 hours a day and 4 hours a week (Monday to Friday). Due to the different nature of work, some management posts and business posts can flexibly arrange working hours according to the needs of work under this principle.

(2) due to the needs of work and operation, Party A may extend the working hours after consultation with Party B, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the working hours shall not exceed three hours per day under the condition of ensuring the health of Party B.. Overtime should not exceed 36 hours per month.

(3) if the working hours are extended under other circumstances as stipulated by laws and administrative regulations, it shall not be restricted by the provisions of the preceding paragraph.

IV. Salary

(1) Party A adopts the salary system according to the job nature and salary and welfare system of the employee:

1. Fixed salary system. The fixed monthly salary of the employee is RMB yuan;

2. Basic salary+commission salary system. The employee's fixed monthly salary (basic salary) is RMB yuan, and according to the business assessment system, according to the business amount completed by the employee every month, the business assessment salary is paid.

3. commission system. The employer adopts loose management to the employees. The employee enjoys a certain percentage of business commission. Party A will use this as the employee's monthly salary to pay the salary.

(2) The day of each month is the payday of Party A..

(3) If Party A arranges overtime work, it shall pay wages according to Article 44 of the Labor Law.

(4) The salary of the employee during illness or non-work-related injury shall be implemented in accordance with the Interim Provisions of Shenzhen Special Economic Zone on Enterprise Salary Management and other relevant laws and regulations.

(5) When the employee performs the national and social obligations in accordance with state regulations during working hours, the salary will be paid as usual.

(6) The salary of the employee during the shutdown period shall be implemented in accordance with the Interim Provisions on Enterprise Salary Management in Shenzhen Special Economic Zone and other relevant laws and regulations.

(7) The employee shall enjoy the right to leave according to the relevant regulations of the state, and the salary during the leave period shall be implemented according to the relevant regulations of the state, province and city.

V. Labor protection and working conditions

(1) Party A must provide the employees with labor safety and hygiene conditions and necessary labor protection articles that meet the national regulations, and the workers who engage in operations with occupational hazards shall undergo regular health examinations.

(2) the employee has the right to refuse to carry out the illegal command and forced risky operation of the management personnel of the employer; Have the right to criticize, report and accuse acts that endanger life safety and health.

VI. Social insurance and welfare benefits

(1) Party A shall, in accordance with the relevant provisions of social insurance in Shenzhen, handle social insurance for employees such as pension, work injury, medical care and unemployment.

(2) If the employee suffers from work-related disability or death, it shall be dealt with according to the Regulations on Industrial Injury Insurance and relevant regulations.

(3) Other welfare benefits shall be implemented according to the relevant system formulated by Party A.. Enjoy welfare benefits.

(4) Party A shall continuously improve the welfare benefits of Party B when economic conditions permit.

VII. Work Discipline

During the contract period, the employee shall strive to:

(1) abide by the rules and regulations formulated by the employer.

(2) All kinds of documents, materials and other information contacted by the employee are business secrets of the employer, and the employee has the obligation to keep them confidential and not to spread them to the outside world. (3) Not to hold an important position or hold a part-time job in any unit other than the Employer in his own name, or to engage in business that conflicts with the interests of the Employer.

(4) Complete the tasks assigned by the Employer on time.

(5) actively obey the job transfer of the superior supervisor.

(6) Take care of the property of Party A..

(7) Abide by the relevant national and local family planning policies.

VIII. Alteration, rescission, re-conclusion and termination of the contract

(1) Party A may adjust the post of the employee according to the job requirements and the ability of the employee, so as to achieve rational allocation and utilization of people and posts. After adjustment, both parties should change the labor contract for post transfer

Due to changes in other factors of the contract, the labor contract can be changed according to law after negotiation and consent by both parties. The changed contract or contract terms shall come into effect after being sealed or signed by both parties.

(2) Under any of the following circumstances, Party A may terminate the employment contract at any time:

1. The employee is proved to be unqualified during the probation period;

2. The employee seriously violates the labor discipline or the rules and regulations of the employer;

3. The employee seriously neglects his duty and engages in malpractices for personal gain, thus causing great damage to the interests of Party A;

4. the employee violates the work discipline in paragraphs 2 and 3 of article 7 without the permission of the employer;

5. The employee is investigated for criminal responsibility according to law;

6. Other circumstances stipulated by laws and regulations.

(3) under any of the following circumstances, the employer may terminate the employment contract, but it shall notify the employee in writing 3 days in advance.

1. During the legal rectification period when Party A is on the verge of bankruptcy or has serious difficulties in production and operation, it is really necessary to reduce the number of employees upon the decision of Party A's management authority;

2. The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other appropriate jobs arranged by Party A;

3. The employee is not qualified for the job, and is still not qualified for the job after training or job adjustment;

4. the objective conditions on which this contract was concluded have changed greatly, which makes the original contract impossible to perform, and both parties cannot reach an agreement on changing the employment contract through consultation.

(4) Under any of the following circumstances, Party A shall not terminate the employment contract in accordance with the provisions in the third paragraph of this article:

1. The employee suffers from occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work;

2. The employee suffers from illness or non-work-related injury within the prescribed medical treatment period;

3. The employee is during pregnancy, childbirth and lactation;

4. Other circumstances stipulated by laws and regulations.

(5) Under any of the following circumstances, the employee may notify Party A to terminate the employment contract at any time:

1. During the probation period;

2. Party A fails to pay labor remuneration or provide working conditions as agreed in the employment contract;

3. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;

4. Other circumstances stipulated by laws and regulations.

(6) Under any of the following circumstances, the employment contract is dissolved by itself:

1. The employer is declared bankrupt according to law;

2. Party A is dissolved or revoked according to law;

3. The employee dies.

7) except in the circumstances specified in the fifth paragraph of this article, the employee shall notify Party A in writing 3 days in advance of the termination of the employment contract.

(8) Re-conclusion of the labor contract: if both parties agree to continue the employment relationship at the expiration of the contract, both parties shall re-conclude the employment contract within 3 days before the expiration of the contract.

(9) termination of the contract: the contract will be terminated automatically when it expires or the termination conditions agreed by both parties appear.

IX. Liability for breach of contract

(-) Legal liability of Party A

1. Where Party A deducts or defaults on the salary of Party B, or refuses to pay overtime wages to Party B, in addition to fully paying the salary of Party B within the specified time, it shall also pay economic compensation equivalent to 25% of the salary.

2. If the salary paid by Party A to the employee is lower than the minimum wage standard published by the municipal government in the current year, it shall make up for the part below the standard, and at the same time, compensate the employee for the part below by 1% of the total amount every day.

3. if party a violates article 6 (1) of this contract and fails to apply for social insurance for party b, thus causing economic losses to party b, party a shall compensate party b according to the relevant provisions of Shenzhen social insurance.

4. In case of any of the following circumstances, Party A shall pay economic compensation to the employee in one lump sum:

1) Party A proposes to terminate the labor contract through consultation between both parties;

2) Party A terminates the employment contract in accordance with Items 1, 2, 3 and 4 of Paragraph (3) of Article 8 and Items 2, 3 and 4 of Paragraph (5) of this contract.

5. if party a terminates the employment contract according to item 2, paragraph 3, article 8 of this contract, party a will pay the employee a one-time medical subsidy according to the relevant regulations of the state.

6. if party a terminates the employment contract in accordance with items 2, 3 and 4 of paragraph (3) of article 8 of this contract without notifying party b 3 days in advance, it shall pay party b one month's average salary as economic compensation.

(II) Legal liabilities of the employee

If the employee terminates the employment contract in violation of the contract and causes losses to the employer, the employee shall compensate the employer for the following losses:

1. The expenses paid by the employer to recruit the employee;

2. Training fees paid by Party A;

3. Direct economic losses caused to production, operation and work.

(III) Both parties have separately agreed on the following liabilities for breach of contract:

X. Dispute settlement

After a labor dispute occurs between both parties, it shall be settled through consultation. If negotiation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration. If there is no objection to the arbitration award, both parties must perform it; Anyone who refuses to accept the arbitration award may bring a suit in a people's court.

Xi. Matters that both parties think need to be changed and re-agreed upon in the original terms:

XII. Matters not covered in this contract or the terms of this contract are different from the current labor laws and regulations, which shall prevail.

XIII. This contract shall come into effect as of the date when both parties sign or seal it, and it shall be invalid if it is altered or signed without written authorization.

XIV. this contract is made in duplicate, with each party holding one copy.

XV. the following documents are specified as annexes to this contract. It has the same legal effect as this contract:

Employer: (seal) Employee: (signature)

Principal/date

Personnel Employment Contract Model Wen Er

Party A (employer):

Address:

Legal representative (or person in charge):

Party B (laborer) In accordance with the Labor Contract Law of the People's Republic of China and other laws and regulations, regarding Party A's employment of Party B, a cost contract is reached through consultation for both parties to abide by:

Article 1. Duration of the labor contract:

1. This labor contract is (select one of them and fill it in completely):

a. A fixed-term labor contract: year, month and year;

B, an open-ended labor contract; Year, month and year;

article 2. work place: Changsha city (county), Hunan province (autonomous region and municipality directly under the central government).

article 3, job content:

1. party b agrees to take a post in party a's department (or post), and the specific job content of party b shall be implemented according to the post responsibilities of party a.

2. If Party B is incompetent for the job, Party A may adjust Party B's post and determine the salary of one party according to the adjusted post; If Party B does not agree to the adjustment, Party A may notify Party B to terminate the labor contract 3 days in advance, and the economic compensation will be paid according to the national regulations.

3. In the course of work, if Party B has serious negligence or intentionally caused losses to Party A, Party A has the right to claim compensation from Party B..

article 4: working hours and rest and vacation:

1. working hours: standard working hours system, in which party a guarantees that party b will work no more than 8 hours a day and 4 hours a week. The specific working hours shall be arranged by Party A according to the needs of production and operation, and Party B shall obey them.

2. Rest and vacation: Party A arranges Party B to have a rest and vacation according to national regulations.

article 5: labor remuneration:

1. the monthly salary standard of party b is RMB yuan (in words) per year (if piecework salary is implemented, the salary shall be calculated according to the following standards:).

2. If Party A arranges Party B to extend working hours or work on rest days or statutory holidays due to the needs of production and operation, Party A will pay overtime according to the standards stipulated by the state.

article 6, social insurance:

1. party a shall handle various social insurances for party b and pay social insurance premiums in accordance with state regulations;

2. Party A shall withhold the social insurance premium that should be borne by Party B personally according to law from Party B's due salary, and Party B shall have no objection.

article 7: labor protection, working conditions and protection against occupational hazards:

party a shall provide party b with tools and places necessary for labor and other working conditions; Ensure that the workplace meets the safe production conditions stipulated by the state, and take safety precautions according to law to prevent occupational diseases.

article 8. party a shall formulate and improve various rules and regulations according to law, and party b shall strictly abide by them.

article 9. party b shall keep confidential all kinds of business secrets, intellectual property rights, company secrets and other matters that are not suitable for public disclosure during the working period, otherwise it shall be liable for compensation if losses are caused to party a ..

article 1. party b promises not to maintain labor relations with any other unit or sign a non-competition agreement when signing this agreement. Otherwise, if losses are caused to other units, Party B shall bear the responsibility alone, which has nothing to do with Party A..

article 11. dissolution or termination of the labor contract:

1. if party b needs to dissolve the labor contract, it shall notify party a in writing 3 days in advance, and the written notice shall be subject to delivery to party a (specific department and position);

2. Matters related to the dissolution or termination of the labor contract shall be implemented in accordance with the Labor Contract Law and other relevant laws and regulations.

3. when the labor contract is dissolved or terminated, party b shall hand over the work items in charge and the property delivered by party a to party b to the staff designated by party a. If Party A's losses are caused by Party B's failure to handle the handover, Party B shall compensate.

4. due to the dissolution or termination of the labor contract, party b shall receive economic compensation according to law, but party a will not pay the economic compensation temporarily before party b handles the work handover with party a.

article 12: disputes arising from the performance of this contract shall be settled through negotiation by both parties on the principle of reasonableness, legality, mutual understanding and mutual accommodation; No negotiation can be reached