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Standardized model of company employee handbook
A well-educated employee handbook is a management handbook that allows employees to quickly understand the enterprise and guide employees' behaviors and norms. For different enterprises, the role and significance of the employee handbook are very different, so it should not be simply applied to avoid misunderstanding others. I have compiled the "Standardized Model of Company Employee Handbook" for reference only, hoping to help everyone! Standardized model of company employee handbook
Chapter I General Provisions
Article 1 In order to clarify the rights and obligations of both companies and employees, and promote the normal, healthy and orderly development of various business activities of the company, this handbook is formulated in accordance with the Labor Law of the People's Republic of China (hereinafter referred to as the Labor Law) and the actual situation of the company based on the principle of mutual benefit and equal consultation between the company and employees.
article 2 employees mentioned in this manual refer to all employees who have established labor relations with the company.
article 3 general provisions
1. the management of the company has the right to assign or assign employees' work in accordance with the existing management regulations of the company;
2. Employees are obliged to perform all the tasks assigned or assigned by the company and shall not refuse without reason;
iii. where an employee's behavior violates the provisions of this employee handbook, the company may give corresponding punishment according to the seriousness of the behavior and the degree of damage to the company's interests;
iv. the relevant regulations stated in this employee handbook are applicable to all employees of the company.
chapter ii employment of employees
article 4 the company employs employees according to the development needs, and the human resources department shall prepare a report on job creation and staffing and a personnel employment plan according to the actual needs, and after submitting it to the general manager for approval, it shall be responsible for internal deployment or open recruitment.
article 5 the employment of employees is divided into recruitment for the first time and renewal of employment.
article 6 the company employs employees step by step, that is, the general manager decides to employ employees above the department head; The department head decides to hire the department staff.
article 7 the company will not employ or renew the employment of any candidate under any of the following circumstances:
1. those who are not allowed to employ according to the labor law (including minors);
second, those who violate the law and discipline;
3. Those who worked in our company and related enterprises and were later dismissed or left without approval;
iv. those who are found to have intentionally deceived their academic qualifications and work experience after examination;
v. failure to meet other relevant conditions stipulated by the company.
article 8 recruitment for the first time in a company can be done by the company itself or by entrusting an intermediary. When recruiting by oneself, the company must organize and implement the examination and employment procedures such as written examination and interview; When entrusting an intermediary to recruit, the relevant selection criteria and procedures shall be implemented as agreed by both parties.
article 9 the company will implement a three-month probation period for all employees who sign a labor contract for the first time. The probation period is included in the labor contract period. During the probation period, the company will designate personnel to help new employees understand the company summary as soon as possible and get familiar with the business work they will be engaged in. The specific content is mainly subject to this Employee Manual.
Article 1 During the probation period, if an employee feels that the actual situation and development opportunities of the company are far from the expected ones, or decides to leave for other reasons, he may resign and go through the formalities of dissolving the labor contract according to the Labor Contract signed by both parties; Accordingly, if the employee fails to meet the requirements of the company, the company will dissolve or terminate the labor contract according to relevant regulations.
Article 11 Upon the expiration of the probation period, the Human Resources Department will assess the employees together with the person in charge of the probation department (the person above the person in charge of the department will be assessed by the general manager), and those who pass the relevant procedures will become regular employees from the day after the expiration; Those who fail to pass the examination shall terminate the labor contract according to law.
article 12 the employee's renewal shall be implemented in accordance with this employee handbook and the relevant rules and regulations of the company.
article 13 the company has the right to arrange the posts, post grades, assessment, rewards and punishments, dismissal and other matters of employees according to the work needs, and the employees of the company should actively cooperate with them.
chapter iii labor contract management
article 14 the company gradually implements the management mode of full-time labor contract system.
article 15 basic principles for signing labor contracts
1. adhere to the principle of legality. The contents, clauses and signing procedures of a labor contract must comply with the provisions of the Labor Law and relevant laws, regulations and policies.
second, adhere to the principle of equality, voluntariness and consensus. The company and employees must sign the labor contract on the principle of equality, voluntariness and consensus.
third, adhere to the principle of combining rights with obligations. After the labor contract is signed through equality, voluntariness and consensus, the company and employees not only enjoy the rights stipulated in the contract, but also bear the corresponding obligations.
article 16 labor contracts are divided into non-fixed-term labor contracts and fixed-term labor contracts, and fixed-term labor contracts are generally one year (including three months of probation).
Article 17 Requirements for continuous service
For employees who have been trained at the company's expense, they must abide by the requirements for the duration of continuous service for the company after training, except with the consent of the company:
1. For those who have participated in domestic study and training for less than 6 months, the continuous service period is 1 year; For those who have served for more than 6 months and less than 12 months, the continuous service period is 3 years.
2. If you have participated in overseas study and training for less than 6 months, the continuous service period is 3 years; If it is more than 6 months, both parties shall agree separately.
3. If the company contributes to the undergraduate course, the continuous service period is 4 years; For graduate students, the continuous service period is 5 years.
iv. if both parties have signed an agreement, the continuous service period shall be determined according to the agreement.
article 18 signing of labor contract
1. on the premise of equality, voluntariness and consensus, the legal representative of the company or its authorized representative shall sign a labor contract with employees in written form according to law.
second, when signing a labor contract, the post level of employees in the company is determined by the general manager of the company.
third, after signing the labor contract, you can go through the labor contract appraisal procedures.
Article 19 Modification of Labor Contract
During the validity period of a labor contract, the company and employees may modify some terms of the labor contract according to the principles of equality, voluntariness and consensus through consultation. After the labor contract is changed, the unchanged part is still valid. If no consensus can be reached on the change through negotiation, the original labor contract shall remain valid.
Article 2 Termination of a labor contract
A labor contract shall be terminated if one of the following conditions is met:
1. A labor contract with a fixed term expires and one or both parties do not agree to renew the labor contract;
2. One of the two parties who signed the labor contract disappears;
iii. termination through arbitration and judgment;
iv. the labor contract cannot be performed due to force majeure;
5. The employee leaves the company with approval;
VI. Termination conditions of non-fixed-term labor contracts appear.
Article 21 A labor contract without a fixed term shall be terminated if the termination conditions meet one of the following conditions:
1. When one of the conditions listed in paragraphs 2, 3, 4 and 5 of Article 2 occurs;
2. The employee personally requests to terminate the labor contract;
3. Other conditions agreed between the company and the employees appear.
Article 22 Renewal of the Labor Contract
Upon the expiration of the labor contract, the labor contract may be renewed upon mutual agreement, and shall be implemented in accordance with the relevant provisions of this Employee Manual.
1. When the labor contract expires, the company and employees shall timely negotiate whether to renew it;
2. Where the signed labor contract expires, the time limit for signing the labor contract between the employee and the company has reached ten years without interruption, or within ten years from the statutory retirement age of the employee, the company and the employee agree to renew the labor contract. If the employee requests to sign an open-ended labor contract, they should sign an open-ended labor contract;
iii. the company shall negotiate with the employees who have mastered the company's important business secrets or who are engaged in a certain key work whether to renew the labor contract 3 days before the expiration of the labor contract. If both parties agree to renew the contract, the labor contract may be renewed. If the employee does not agree to renew the contract, the company can transfer him from his original post to handle the work handover, and the company can conduct an outgoing audit when it deems it necessary.
iv. procedures for renewing the labor contract. The company shall notify the employee in writing whether to agree to renew the contract. After receiving the notice from the company, the employee shall give a written reply within ten days. If the employee fails to give a written reply on time, it will be regarded as not agreeing to renew the contract, and the company can go through the formalities of terminating the labor contract with him according to relevant regulations.
article 23 termination of the labor contract
according to the relevant laws and regulations and the provisions of this employee handbook, both the company and the employee can terminate the labor contract.
1. Conditions for employees to terminate the labor contract:
(1) In any of the following circumstances, employees can notify the company at any time to terminate the labor contract:
1. During the probation period;
2. The company forces employees to work by means of violence, threat or illegal restriction of personal freedom;
3. The company fails to pay labor remuneration or provide working conditions as agreed in the labor contract;
(2) In case of any of the following circumstances, the employee shall notify the company 3 days in advance to terminate the labor contract:
1. During the term of the labor contract, he has been engaged in trust or inherent business, computer, finance, confidential confidentiality, labor wages and other work in the company, and has mastered important business secrets of the company;
2, as a key work, the work is not over;
3. otherwise agreed with the company;
II. Conditions for the company to terminate the labor contract:
(1) The company may terminate the labor contract if the employee is under any of the following circumstances:
1. It is proved that the employee does not meet the employment conditions during the probation period;
2. Serious violation of labor discipline or company rules and regulations;
(1) Being late or leaving early frequently, and being late or leaving early for 1 times in a month;
(2) being absent from work for more than 7 consecutive days, or being absent from work for more than 15 days in a year;
(3) The company's reputation is adversely affected due to the employee's own reasons;
(4) refusing to obey the company's arrangement and leadership, which seriously affects the company's management order;
(5) Deceiving the company by improper means and obtaining false sick leave certificates, which is verified;
(6) taking advantage of illness, personal leave or engaging in various business activities for others or myself during the prescribed medical treatment period to obtain economic income;
3. Serious dereliction of duty, violation of laws and regulations, or graft, which causes great damage to the company's interests:
(1) Dereliction of duty, which causes great economic losses to the company;
(2) fraud, for individuals or small groups to defraud economic interests and honor, the circumstances are bad and verified;
(3) Bribery, bribery, embezzlement and misappropriation of public funds, which are not serious enough for criminal punishment;
(4) Violating the Regulations of the People's Republic of China on Public Security Punishment, gambling, drug abuse, prostitution, whoring, theft, etc., which are not serious enough for criminal punishment;
4. disclosing the company's business secrets or testifying for others with the company's internal information, resulting in the company's operating losses;
5. Those who have been investigated for criminal responsibility according to law;
except for item 1 above, the termination of the labor contract is a fault.
(2) The company may terminate the labor contract in case of any of the following circumstances, but it shall notify the employee in writing 3 days in advance:
1. The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the company after the medical treatment expires;
2. Employees are not competent for their jobs, and they are still not competent for their jobs after being trained or adjusted;
3. The objective conditions on which the labor contract was signed have changed greatly, so that the original labor contract can't be performed and the parties can't reach an agreement on changing the labor contract through consultation;
the above is a non-fault termination of the labor contract.
(3) In case of any of the following circumstances, the company shall not terminate the labor contract according to the provisions of non-fault termination of the labor contract:
1. It is determined that the employee has lost or partially lost the ability to work due to work-related injuries;
2. Illness or non-work-related injury occurs within the prescribed medical treatment period;
3. Female employees are during pregnancy, childbirth and lactation;
4. Having worked in the company continuously for ten years or more, and within five years from the statutory retirement age;
5. Other circumstances stipulated by laws and administrative regulations;
if the employee's labor contract expires during the medical treatment period, pregnancy period, maternity period and lactation period, which is not within the scope of wrongful termination of the labor contract, the labor contract period shall automatically continue until the medical treatment period, pregnancy period, maternity period and lactation period expire. Employees who are determined to lose or partially lose their ability to work due to work-related injuries shall be dealt with according to relevant national policies and regulations.
Article 24 Procedures for Termination and Dissolution of the Labor Contract
1. If the employee proposes to dissolve the Labor Contract, the employee shall go through the relevant formalities within 3 days after consultation with the company;
2. If an employee invokes the conditions in Item 1, Paragraph 1, Article 23 of the Employee Handbook and notifies the Company to terminate the labor contract at any time, the Company shall handle the relevant termination procedures in time according to the regulations;
iii. if the company proposes to terminate and dissolve the labor contract, the company shall issue a written notice to the employee, and handle the relevant formalities for the employee in time after issuing the written notice.
Article 25 Liability for Breach of Labor Contract
If a company or employee dissolves a labor contract in violation of the provisions of the Labor Law or the labor contract, causing economic losses to the other party, it shall be liable for compensation and make compensation in accordance with the provisions of national laws, regulations and rules. According to the Ministry of Labor's Compensation Measures for Violation of Labor Contract (Labor Law) and the Trial Measures for Labor Contract Management in xx Province.
Article 26 Compensation for expenses violating the continuous service period
During the continuous service period stipulated by the company and agreed by both parties, if the employee requests to terminate the labor contract, the training expenses provided by the company shall be repaid. The compensation calculation formula is:
F=(A-B)/A*C
where f is the amount of compensation for breach of contract, where a is the continuous service period, b is the actual working time during the continuous service period, and c is the sum of training expenses.
Training fees refer to the basic salary and benefits, transportation fees, accommodation fees, education and training fees, training and inspection fees paid by the company for employees during the training period. For those who have participated in multiple trainings, C mentioned in this paragraph is the sum of multiple training expenses.
article 27 economic compensation
if the company cancels the labor contract according to the relevant regulations of the state, or the company is on the verge of bankruptcy and is undergoing legal rectification, or its operating conditions are in serious difficulties and it is necessary to lay off employees, it shall pay economic compensation to its employees. According to the Ministry of Labor's Measures for Economic Compensation for Violation and Termination of Labor Contracts.
Article 28 The economic compensation for employees shall be paid by the company in one lump sum according to the prescribed standards, and the company shall not pay the economic compensation in accordance with the law under the following circumstances:
1.
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