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(This model labor contract is tailor-made for the employer by lawyer Huang Leping according to the provisions of the Labor Contract Law. The model clause explanation (model worry-free labor contract of 15 1) was published by law press in September 2007. )

I. Basic information of the employing unit

Party A: Legal Representative:

Address:

Second, the basic information of employees

Party B: Gender: ID number:

Date of birth: year month day.

Home address:

Postal code:

Location of registered permanent residence: street (township) of province (city) district (county)

Other contacts: Tel:

Contact address:

Three. Term of labor contract

Article 1 Term, probation period and probation period of a labor contract

(1) Both parties agree to determine the term of this contract as follows:

1. There is a fixed term: from MM DD YY to MM DD YY; The term of the contract is years;

2. No fixed term: from the date of the current year until the legal or agreed termination conditions appear;

3. The time limit is to complete a certain work: from the date of the month to the completion of the work task, the completion of the work task marks the termination of the contract.

(2) Probation period

Both parties agree to determine the probation period as follows (the probation period is included in the contract term):

1, no probation period.

2. The probation period begins on the day of the month and ends on the day of the month.

During the probation period, Party A shall not terminate the Labor Contract except under the circumstances specified in Articles 39 and 40, paragraphs 1 and 2 of the Labor Contract Law. If Party A terminates the labor contract during the probation period, it shall explain the reasons to Party B. ..

(3) Probation period

Both parties agree to determine the probation period as follows (the probation period is included in the contract term):

1, no probation period.

2. The probation period is from year month day to year month day.

Four. Work place and work content

Article 2 According to Party A's work needs and Party B's own conditions, Party B shall be arranged to work in _ _ _ _ _ _ _ posts (such as operation/administration, accounting, remuneration supervisor, tester, technician, etc.). ).

According to the requirements of job responsibilities, Party B shall complete the tasks assigned by Party A with all the time and energy within the specified working hours, and shall not be employed by other companies or individuals at the same time after signing the labor contract with Party A. Party B may only take part-time jobs in other employers with the authorization or consent of Party A..

Article 3 Party B shall fulfill its labor obligations according to the work contents and requirements arranged by Party A, complete the specified work quantity on time and meet the specified quality requirements.

Article 4 The post responsibilities shall conform to the rules and regulations formulated and published by Party A according to law.

Article 5 When Party B is not suitable or competent for the post, Party A has the right to decide to train Party B or adjust the post. If Party B is still incompetent after training or post adjustment, Party A has the right to terminate the labor contract.

Article 6 Party A may temporarily adjust Party B's post or arrange temporary work tasks for Party B according to the needs of production and operation, but the time shall not exceed months. After completing the temporary work arranged by Party A, Party B will continue to perform the post agreed in this contract. If Party B is willing to continue to engage in new work, it shall change the labor contract according to the provisions of Article 93 of this contract.

Article 7 Party B's work place is in Party A's branch or sub-branch. Specific location: XX District, XX City (or within a certain range, such as the Third Ring Road in Beijing, affiliated to the seat of the administrative office of the provincial capital city or prefecture-level city; Or the work area designated by Party A, such as Beijing Eighth District and subsidiary offices in East China).

Article 8 If Party A needs to change Party B's office due to the development of production and operation, it can negotiate to adjust Party B's office. The adjustment shall be handled according to the change of the labor contract, which shall be handled according to the agreement in Article 93 of this contract.

Article 9 After Party B has served for Party A for one year, Party A promises to send Party B to work in Party A's overseas (domestic) branches if it meets Party A's assessment standards.

Verb (abbreviation for verb) working hours, rest and vacation

Article 10 Party A arranges Party B to implement the first working hour system:

(1) Where the standard working hours system is implemented, Party B's working hours shall not exceed eight hours per day and forty hours per week;

(2) Where the comprehensive working hours system is implemented, the average working hours of Party B shall not exceed eight hours per day and forty hours per week;

(3) 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 11 Where Party A implements the standard working hour system, it shall ensure that Party B has at least one day off every week and the continuous rest time is not less than 24 hours.

Where the comprehensive working hours system and irregular working hours system are implemented, Party A shall arrange rest appropriately, and the provisions in the first paragraph of this contract shall not be implemented.

Under the rest system stipulated in the first paragraph of this contract, if Party A arranges Party B to work, the working hours shall not exceed eight hours per day and forty hours per week.

Article 12 Due to the needs of production and operation, if Party B fails to express any objection while fulfilling the obligation of full notification, Party A may arrange Party B to work overtime and pay overtime wages according to regulations.

If Party B really needs to work overtime due to the completion of work tasks, it shall submit a written application to the competent leader, explaining the reasons and time of overtime. After the approval of the competent leader, it is regarded as overtime and enjoys overtime treatment. Overtime is based on the actual time.

Where Party A arranges overtime, it shall generally not exceed 1 hour per day; Where the working hours need to be extended due to special reasons, the working hours shall not exceed three hours per day and thirty-six hours per month under the condition of ensuring Party B's health.

Overtime is calculated by the hour. If overtime is less than half an hour every day, it shall be calculated as half an hour; More than half an hour and less than an hour, according to an hour.

Article 13 Under any of the following circumstances, Party A shall arrange Party B to work overtime, and Party B shall not refuse to work overtime without justifiable reasons, and shall not be restricted by Article 12 of this contract:

(a), the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, which requires emergency treatment;

(two), production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;

(three), in legal holidays and public holidays, work can not be interrupted, must be continuous production, transportation or business;

(four), must use legal holidays and public holidays for equipment maintenance and repair;

(five) in order to complete the national defense emergency task;

(six), in order to complete other emergency production tasks assigned by the state.

(seven), other circumstances stipulated by laws and administrative regulations.

Article 14 Party A shall implement the paid annual leave system in accordance with national regulations.

Where Party B has worked in Party A continuously for more than one year, he shall enjoy paid annual leave; After the expiration of the first year, you can enjoy paid annual leave of several days, and you can get paid annual leave of several days for each year after work, but the maximum is not more than days.

Article 15 When taking paid annual leave, Party B shall submit a written application to Party A (working days in advance), and Party A shall, within working days from the date of receiving Party B's written application, fully consider the needs of production and operation, make a written decision and notify Party B. ..

If Party B fails to resume work within the specified time, and delays the resumption of work without Party A's approval, Party A may give disciplinary punishment, and if the circumstances are serious, the labor relationship may be dissolved according to Party A's rules and regulations.

Article 16 Where Party B applies for annual leave, it shall temporarily hand over the work within its scope before the leave. If Party A suffers losses due to Party B's failure to do this, Party A may punish Party B and ask Party B to compensate for the losses.

If Party B is unable to take annual leave due to Party A's reasons, it may transfer this year's annual leave to the next year for consolidated calculation, or pay 200% of his salary standard during the annual leave.

If Party A approves the leave, but Party B fails to take the annual leave, Party A may not work overtime.

Article 17 The paid annual leave can be taken at one time or in several time points, and the accumulated leave time shall not exceed the date of paid leave of Party B. ..

Paid annual leave can be used to offset personal leave and sick leave, but the application procedures need to be fulfilled in advance.

Article 18 During the contract period, Party B shall enjoy national statutory holidays, public holidays, marriage leave, funeral leave and maternity leave for female employees.

If Party B gets married within the term of the Labor Contract, it shall enjoy paid vacation days;

If Party B's spouse, parents, children, brothers and sisters, grandparents and grandparents die, Party B shall enjoy a paid holiday for one day;

Female workers who give birth during the labor contract period are entitled to maternity leave days, prenatal days and postpartum days; Those who marry late and have children late may extend their holiday days according to national or local regulations.

In this article, if Party B enjoys all kinds of paid holidays, the holiday salary shall be calculated according to the basic salary of Party B for completing the work tasks within the legal working days, or calculated and paid according to the standard of RMB yuan per day agreed by both parties.

Article 19 Under normal circumstances, if employees need to take time off, they must submit a written application to Party A days in advance, and they can take time off only after being approved by Party A. ..

If it is necessary to ask for leave in case of emergency, Party A must be informed of the reasons and time limit for asking for leave in advance.

If Party B fails to fulfill the obligation of application or notification according to the provisions of the preceding paragraph, it shall be deemed as absenteeism, and Party A may punish Party B. ..

Labor remuneration and welfare benefits of intransitive verbs

Article 20 Party B's salary level shall be determined according to the labor intensity, proficiency and work difficulty, and equal pay for equal work shall be implemented.

Article 21 Party A and Party B reach an agreement through consultation, and Party B's salary shall be implemented according to the following 1 method:

(1) Party B's salary is determined according to the internal salary distribution method in the rules and regulations formulated by Party A according to law, and its monthly salary is determined as RMB yuan according to Party B's position.

(2) Party A implements the internal salary distribution method combining basic salary with performance salary for Party B, and Party B's basic salary is determined as RMB yuan per month, and then his salary will be adjusted according to the internal salary distribution method; The performance salary shall be assessed and determined according to Party B's work performance, labor achievements and actual contribution, and according to the internal distribution method.