How to standardize the labor contract?

Hello, the labor contract is an agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties. Labor contracts are divided into labor contracts within the scope of the labor contract system and labor contracts outside the scope of the labor contract system according to the contents of the contract; According to the form of contract, it can be divided into essential labor contract and non-essential labor contract. Edit this paragraph 2. ParagraphNo.: (Fixed term) Basic information of both parties to the labor contract Party A: Zunyi Boya Trading Co., Ltd. Registered address: No.6 Fengle Xuefu, Zhuhai Road, Huichuan District, Zunyi City Business address: No.6 Fengle Xuefu, Huichuan District, Zunyi City Appearance Party B: Gender: Resident ID number: Date of starting work in Party A Home address: Postal code: Address of temporary residence: Postal code: Provinces (cities) (counties) where the household registration is located. Date of Signing: Date of Signing According to the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B sign the labor contract on the principles of equality, voluntariness, legality, fairness, honesty and credit, and promise to abide by it together: Article 1 Contract Type and duration: Party A and Party B choose the following form to determine this contract. (2) The probation period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Note: The Labor Contract Law has adjusted the provisions of the Labor Law on the termination of labor contracts. Cancel the agreement to terminate the labor contract, stipulating that the labor contract can only be terminated due to legal circumstances. In other words, the parties to a labor contract may not agree on the termination conditions of the labor contract; Even if it is agreed, the agreement is invalid. The reason why the arrival time is stipulated is because the Labor Contract Law stipulates that the establishment date of labor relations is the date of employment (generally based on the arrival date), and employees do not arrive at the post after signing the contract, so enterprises cannot terminate the contract casually, which has high legal risks and costs. Therefore, we should agree on the time to arrive at the workplace, so that the contract will automatically become invalid in the future. Article 2 Work Contents and Work Place (1) According to Party A's work needs, Party B agrees to work in this post, and according to Party A's work needs, Party A and Party B can change the work place through consultation. (2) Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards. Note: The place of work is a new necessary clause in the Labor Contract Law. Clauses such as "workers are willing to obey the employer to adjust their jobs due to the needs of production and operation" or "the employer has the right to adjust the workers' jobs according to the needs of production and operation" are no longer written into the contract. The reason is that job adjustment is an act of changing the contract. According to the Labor Contract Law, changes need to be made in writing. Therefore, the agreement is suspected of depriving workers of the right to change the contract through consultation, and the clauses that the employer exempts itself from legal responsibility and excludes workers' rights are invalid. Article 3 Working hours and rest and vacation (1) Party B shall implement the following working hours system. 1. If the fixed-time working system is implemented, the average daily working hours shall not exceed 8 hours and the average weekly working hours shall not exceed 60 hours. 2. In case of irregular working hours, Party A and Party B shall arrange working hours and rest and vacation through consultation. (2) Where Party A arranges Party B to extend working hours due to work needs, it shall also arrange Party B to take compensatory time off or pay overtime wages according to law. (Note: The overtime pay standard should be clearly stated in the contract according to the relevant national regulations. (3) Party B shall enjoy the holidays stipulated by the state and the vacation system stipulated by the unit according to law. Note: Working hours, rest and vacation are new necessary clauses in the Labor Contract Law. Article 4 Labor Protection and Working Conditions (1) Party A shall provide Party B with necessary safety protection measures and distribute necessary labor protection articles according to the needs of production posts and the relevant national regulations on labor safety and hygiene. (2) Party A establishes a safety production system according to relevant national laws and regulations; Party B shall strictly abide by Party A's labor safety system, prohibit illegal operation, prevent labor accidents and reduce occupational hazards. (III) Party A shall establish and improve the responsibility system for occupational disease prevention, strengthen the management of occupational disease prevention and improve the level of occupational disease prevention and control. Note: Labor protection, working conditions and protection against occupational hazards are the new necessary clauses in the Labor Contract Law. Article 5 Labor Remuneration (1) The basic (fixed) salary standard of Party B during the probation period is RMB/month, and the salary of Party B during the probation period is RMB, and the performance salary is approved according to Party B's performance appraisal. (2) After Party B's probation period expires, Party A determines that Party B will implement the following salary forms according to the salary system of this unit: 1, hourly salary. Party B's salary consists of basic (fixed) salary and performance salary. The basic (fixed) salary is RMB/month, and the performance salary is approved according to Party B's performance appraisal. If Party A's salary system changes or Party B's post changes, it shall be determined according to the new salary standard. 2. Piece rate. Party A shall formulate scientific and reasonable labor quota standards, and piece-rate wages shall be implemented according to Party A's relevant systems. 3. Other forms of wages. The specific agreement is as follows: (3) Party A (or the unit designated by Party A) shall pay Party B's salary on a monthly basis in cash, and the payday shall be the day of each month. If Party B provides normal labor, the salary paid by Party A to Party B shall not be lower than the minimum wage standard stipulated by the local government. Note: This contract shall indicate the basic (fixed) wage standard of the laborer, and the performance salary shall be determined through performance appraisal. "The company designated by Party A" solves the situation that the unit where the labor contract is located is separated from the wage payment unit, that is, the situation of' sending workers abroad'. " "25th" is five days later than the normal time of paying wages, so as to avoid the situation of late paying wages sometimes within a reasonable time. (IV) During the contract period, Party A will give Party B the opportunity of salary increase according to Party B's performance. (Note: The salary increase should be stated in the contract. (1) Party A and Party B must participate in the statutory social insurance stipulated by the local government in accordance with the law, and pay the social insurance premium to the social insurance institution affiliated to the labor and social security department on time according to the relevant provisions of the state, and the part that Party B should pay shall be withheld and remitted by Party A from Party B's salary. (2) Party B has the right to medical and economic compensation according to law for work-related (death) and occupational diseases. (3) During the term of the Labor Contract, Party B suffers from illness or non-work-related injury and enjoys the medical treatment period stipulated by the state according to law. (IV) The welfare benefits of Party B shall be implemented according to the regulations of the state and Party A ... Article 7 Modification, dissolution, termination and renewal of the labor contract (I) In any of the following circumstances, Party A and Party B may modify this contract: 1 Without harming the interests of the state, the collective and others, the two sides reached an agreement through consultation; 2. The objective conditions on which the labor contract was concluded have changed significantly and have been agreed with Party B through consultation; 3. The labor contract cannot be fully performed due to force majeure; 4. The laws and regulations on which the labor contract is based have been revised; 5. Other circumstances stipulated by laws and regulations. (II) In any of the following circumstances, Party A may terminate this Contract: 1. During the probation period, it is proved that it does not meet the employment conditions; Note: HR department should keep recruitment materials to keep evidence of employment conditions. 2. Serious violation of labor discipline and Party A's rules and regulations; 3. Serious dereliction of duty, graft, causing great damage to the interests of Party A; 4. Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after Party A puts forward it; 5. Causing Party A to conclude or change the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; 6. Being investigated for criminal responsibility according to law. Note: Revised according to Article 39 of the Labor Contract Law. If an employee practices fraud, he may also terminate the labor contract according to Item 5 of Article 39. (3) In any of the following circumstances, Party A may terminate this Contract, but it shall notify Party B in writing 30 days in advance: 1. Party B suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by Party A after the medical treatment expires; 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 the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed, and Party A and Party B cannot reach an agreement on changing the labor contract through consultation; (4) Under any of the following circumstances, Party B may terminate this contract: 1. Party A fails to pay reasonable remuneration to Party B on time and in quantity; 2. Party A fails to provide insurance benefits to Party B on time and in quantity; 3. Party A fails to provide Party B with reasonable posts and training opportunities; 4. Party A cannot provide better development opportunities for Party B; Note: According to Article 40 of the Labor Contract Law, there is no change. Article 8 Other agreed terms (1) If Party A invests in training Party B, both parties shall sign another training/education agreement. If the labor contract is terminated in advance due to Party B's reasons, Party B shall compensate Party A for the training expenses, and the specific compensation standard shall be implemented according to the training/education agreement. (2) Before Party B signs the labor contract, Party A has the right to know the basic information directly related to Party B's labor contract, including but not limited to the employee's education, resume, qualification or employment certificate, and whether the previous labor relationship is dissolved or terminated. Laborers shall truthfully explain it and promise its authenticity in writing. If Party A is tricked into signing a labor contract by intentionally omitting or concealing the above basic information, if it is discovered by Party A or prosecuted by the original unit, it will be regarded as fraud by Party B, which will lead to serious misunderstanding of Party A, and Party A has the right to apply for the invalidity of this contract from the beginning according to law, and all losses caused to Party A shall be borne by Party B.. (3) If Party B fails to arrive at work according to the arrival date specified in Article 1 of this contract, this contract will automatically become invalid after the arrival date expires, unless Party A agrees ... All losses caused to Party A therefrom shall be borne by Party B. (4) The annexes to this contract have the same effect as this contract. However, if there is any conflict or inconsistency between the terms of this contract and the annex, the annex shall prevail. (5) During the performance of this contract, Party A changes its name, legal representative or principal responsible person, investor and other matters, which will not affect the performance of this contract; In case of merger or division of Party A, this contract shall remain valid and shall be continued to be performed by the successor unit. (6) During the contract period, all intellectual property rights, such as patents and copyrights, generated by Party B's job behavior or mainly using Party A's material and technical conditions belong to Party A, and Party B has no right to conduct commercial development. (7) After both parties sign this contract, Party B shall not be employed by any other unit to engage in the same or similar business or competition conflict with Party A during the contract period. (8) Party B shall keep confidential the business secrets of Party A and its affiliated companies obtained during the contract period, and shall not disclose them to any third party (including employees of Party A who have no need for work). Party B's breach of confidentiality obligations is regarded as a serious breach of this contract, and it is considered that there are sufficient reasons to dismiss it. These confidentiality obligations shall remain binding on Party B at any time after the termination or expiration of this Contract. Note: Trade secrets, non-competition restrictions and special training are only stipulated in principle in the main contract, and shall be dealt with separately by signing an agreement. Matters not covered in this contract shall be implemented in accordance with laws and regulations; If there are no provisions in laws and regulations, it shall be settled by both parties through consultation; Both parties can modify this contract through consultation. If both parties fail to negotiate or a labor dispute occurs, they shall apply to the mediation institution for mediation according to law and bring a lawsuit to the people's court. This contract is made in duplicate and shall come into effect as of the date of signature and seal by both parties; Each party holds one copy. Party A shall establish a roster of employees for future reference according to regulations, and go through the filing formalities with the labor department. Party A's legal representative, responsible person or entrusted agent (signature) Party B's (signature) basic conditions for editing this paragraph (3) (1) Labor contract term; (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. In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.