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Who can tell me how to sign a painter contract with the factory?
A labor contract refers to an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
Labor law of the people's Republic of China
Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.
After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Format of labor contract:
labour contract
ContractNo. _ _ 0001_ _ _ _ _
Party A: Party B: Gender: ID number: _ _ _ _
Age of Labor Contract: Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Labor Law of People's Republic of China (PRC), relevant national labor laws and policies and Party A's labor contract system, in order to establish labor relations and clarify the labor rights and obligations of both parties, Party A and Party B agree to sign this contract on the basis of voluntariness, equality and consensus, and jointly abide by the terms listed in this contract.
Rule number one. Term of labor contract
Party A and Party B sign a fixed-term labor contract. The term of this contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2, Work Contents
1. Party A arranges Party B to work in the post of _ _ _ _ _ according to business needs.
_ _ _ _ _ _ _ _ Department _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. After taking up the post, Party B shall complete the workload, quality indicators or specified production tasks according to Party A's regulations.
3. Party A may adjust Party B's post according to the needs of production and operation and Party B's ability (specialty, skill) and work performance.
Article 3: Working hours and rest and vacation
1. Working hours
(1) Party A arranges Party B to work eight hours a day and six days a week; (due to work needs, work overtime appropriately)
(2) Party A arranges Party B to implement the comprehensive working hour system (alternate-day working system), and the working hours per week shall not exceed 48 hours;
Where Party B needs to work overtime due to Party A's production and operation, Party B shall obey Party A's work arrangement through consultation; Overtime control and wage settlement shall be implemented in accordance with relevant government regulations;
2. Party B shall enjoy paid holidays such as statutory holidays, sick leave, marriage leave, funeral leave and family planning leave stipulated by the government. And take paid leave according to the relevant regulations of the state.
Article 4 Training, production, working conditions and labor protection
1. Party A shall educate and train Party B on the knowledge, regulations and enterprise rules and regulations of production safety according to the regulations of relevant state departments, and Party B must accept the training and assessment of Party A. 。
2. Party A shall provide Party B with a safe and hygienic working environment specified by the government; Ensure that Party B works under personal safety and environmental conditions harmless to human body.
3. Party A shall provide Party B with labor protection articles and safety measures according to production needs and national and Party A's regulations.
Article 5: Labor remuneration and insurance benefits
1. Labor remuneration and labor contract that Party A should pay to Party B.
(1) Party A shall implement the post-level salary system according to the relevant national regulations and the operation of the enterprise. According to the post undertaken by Party B, Party B's pre-tax salary is determined to be 4,500 yuan per month, and the 20th of next month is the salary payment date;
(2) Party A will increase the salary according to the operating profit and Party B's behavior, and Party B will not be given a salary increase if it fails to meet the workload and quality indicators specified by Party A. 。
2. Dividends and commissions and rules for using company vehicles
(1). The cash received by the workers recruited by Party B during their tenure is divided into 2 and 8 shares with Party A, and the company will settle the account within 3 days after collecting the money uniformly.
(2) All return fees (except profits) of the workers recruited by Party B during the service period shall be collected by Party B and paid together with the wages.
(3) The profit of all income from Party B's operation in the company shall be shared equally with Party A.
(4) Do not use company vehicles to handle personal affairs. Special circumstances can be applied to the top leader (after approval, bear the cost of oil and all possible damage and maintenance costs). If the vehicle is used without approval, it shall bear all the fuel costs of the month.
Article 6, labor discipline
Party A and Party B shall consciously abide by national laws, regulations and policies. Party B must abide by Party A's labor discipline and designated rules and regulations, keep Party A's business secrets, and may not use Party A's business secrets to seek illegitimate economic benefits for himself or other economic organizations and individuals.
Article 7. Provisions on termination and non-termination of contracts
1. In any of the following circumstances, Party A may terminate the Labor Contract:
(1) is proved not to meet the employment conditions during the probation period;
(2) Serious violation of labor discipline or Party A's rules and regulations;
(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.
2. 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) 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 significantly, which makes the original labor contract impossible to perform. Party A and Party B cannot change the contract, and no agreement can be reached through negotiation.
3. Party B shall notify Party A in writing 30 days in advance when it proposes to terminate the labor contract;
4. In any of the following circumstances, Party B may notify Party A to terminate the labor contract at any time;
(1) During the probation period; However, in order to ensure the normal production and operation of Party A, Party B will continue to work in the original post for one week and handle the work handover through negotiation between both parties, during which Party A will continue to perform the labor relations;
(2) Party A fails to pay labor remuneration or provide working conditions as agreed in the labor contract;
(3) Party A forces labor by means of violence, threat or illegal restriction of personal freedom.
This contract can be dissolved by mutual consent.
6. Under any of the following circumstances, Party A shall not terminate the Labor Contract according to the provisions of Paragraph 2 of Article 7 of this Contract:
(1) Party B suffers from occupational diseases or work-related injuries and is identified as incapacitated by the labor appraisal committee;
(2) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(3) Other circumstances stipulated by laws, regulations and rules.
7. Party B's whereabouts and compensation after the dissolution or termination of this contract.
(1) Party A shall go through the termination formalities at the institution designated by the labor administrative department within the specified time limit;
(2) After the termination of this contract, if the conditions for economic compensation are met, the compensation treatment of Party B shall be handled in accordance with Suzhou Labor Contract Regulations and relevant policies.
Article 8. Breach of Contract and Liability for Compensation
1. If either party violates the provisions of this contract and causes economic losses to the other party, it shall be liable for compensation according to the losses.
2. Responsibility of those who violate the labor contract.
Article 10. Handling of Labor Disputes
Party A and Party B; Labor disputes arising from the performance of this contract can be settled by both parties through consultation; If negotiation fails, the parties may directly apply to the labor dispute arbitration committee where Party A is located for arbitration within 60 days from the date of the dispute; If either party refuses to accept the arbitration award, it may bring a lawsuit to the people's court where Party A is located within 15 days after receiving the arbitration award.
Article 1 1, others
1. This contract is made in duplicate, one for each party, and shall come into effect after being signed by both parties. Both contracts have the same legal effect.
2. The modification and interpretation of the terms of this contract shall be agreed by both parties through consultation.
If the terms of this contract are inconsistent with the national laws and regulations, the national laws and regulations shall prevail.
Representatives of Party A and Party B (seal)
Sign. Sign.
Year, month, sun, moon, sun.
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