Job Recruitment Website - Social security inquiry - Model employment contract for retirees in 2023
Model employment contract for retirees in 2023
Party A: Party B:
In order to employ retirees due to work needs, according to the General Principles of Civil Law of People's Republic of China (PRC), Labor Contract Law of People's Republic of China (PRC) and related regulations, Party A and Party B voluntarily sign this labor contract through equal consultation, and * * * will jointly abide by the terms listed in this contract.
1. Term of the contract: The term of the contract is years, which shall come into effect from, to. If you need to continue employment, you must negotiate in advance and re-sign the contract.
2. Work and responsibilities
2. 1 Party B shall complete the work arranged by Party A correctly, cautiously, actively and efficiently within its normal working hours and the time required by business.
2.2 During working hours, Party B shall not engage in any activities unrelated to work.
2.3 Party B agrees to work according to Party A's work needs, and Party A may also adjust Party B's post and position according to Party B's actual work ability or the needs of the company.
3. Working hours and workplaces
3. 1 Party A shall implement the wage system that the daily working hours shall not exceed 8 hours and the weekly working hours shall not exceed 40 hours according to the national regulations, and Party A shall ensure that Party B has at least a rest every week 1 day.
4. Wages and benefits
4. 1 During the employment period, Party A shall pay Party B the labor remuneration of RMB/month.
4.2 Party A enjoys other benefits of the company, such as allowances, subsidies, bonuses or performance pay.
4.3 Party A shall pay the salary on the day of each month (current month/last month). In case of holidays or rest days, pay in advance to the nearest working day.
5. Party B's obligations
5. 1 Party B shall take good care of any property of Party A. If Party A's property is damaged or lost due to its intention or negligence, Party B shall be liable for compensation.
5.2 Party B shall abide by Party A's labor discipline and various rules and regulations.
5.3 Party B shall obey Party A's work arrangement, leadership, management and guidance. ..
6. Party A's obligations
6. 1 Party A shall provide Party B with labor safety and health conditions and necessary labor protection articles in accordance with relevant national laws to ensure Party B's health and safety.
6.2 Party B has enjoyed social insurance benefits for retirees, and Party A pays part of social insurance premiums to Party B in cash according to 150 yuan/month.
7. Termination of contract
7. 1 In any of the following circumstances, this contract is terminated:
1) The contract expires.
2) Both parties reach an agreement to dissolve this contract.
3) Party B is unable to perform its obligations under this contract due to health reasons.
7.2 If Party A and Party B unilaterally terminate this contract, they shall notify the other party in writing 30 days in advance.
8. Others
8. 1 The enterprise rules and regulations formulated by Party A are annexes to this contract.
8.2 Matters not covered in this contract shall be implemented in accordance with relevant state regulations.
8.3. All disputes related to this contract shall be settled by both parties through friendly negotiation. If negotiation fails, either party may submit the dispute to the arbitration commission where Party A is located for arbitration.
8.4. This contract is made in duplicate, with each party holding one copy.
Party A: (seal) Party B: (signature or seal)
Legal representative (or entrusted agent)
Year, month, year, month, year
2. The second part of the model employment contract for retirees in 2023
Party A (employer): Party B (employee):
Party B's ID number:
Mailing address of Party B:
Party B's telephone number:
Party A needs to employ Party B due to work needs. In view of the retirement nature of Party B, Party B does not have the subject qualification of labor legal relationship. In accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and relevant regulations, this Agreement is signed through consultation.
1. The term of this agreement is years. This agreement will take effect on and terminate on.
2. Labor service content, working place and working hours undertaken by Party B:
3. Remuneration of Party B: Total (including RMB basic salary; (2) post salary yuan; (3) post salary yuan). Party A shall pay the above remuneration before each month.
4. Party B has the obligation to keep Party A's business secrets. The business secrets that Party B is obliged to protect mainly include (see Annex).
5. This Agreement shall be terminated under the following circumstances:
(1) Agreement expires;
(2) Both parties reach an agreement on the dissolution of this Agreement;
(3) Party B is unable to perform its obligations under this Agreement due to health and other reasons;
6. If Party A and Party B unilaterally terminate this Agreement, they may notify the other party in writing 30 days in advance.
7. After the termination and dissolution of this agreement, Party B shall hand over the relevant matters and documents obtained from Party A due to the performance of this agreement to Party A within 3 days, with a written explanation; Otherwise, Party A has the right to suspend payment of remuneration until the handover is completed; If losses are caused to Party A, compensation shall be made.
8. Special agreement:
(1) Party B agrees to take care of the medical expenses, and Party A will not pay the labor expenses (remuneration) during the medical treatment period.
(2) Party A does not need to pay social insurance for Party B. Party B agrees that Party A does not need to pay subsidies related to social insurance and housing accumulation fund.
(3) When both parties dissolve and terminate this Agreement, Party A does not need to pay any economic compensation to Party B. ..
(4) Procedures for dissolving the Labor Contract: Both parties have reached an agreement through consultation, and the following procedures are fair and reasonable.
1) submit a written notice;
2) Fill in employee resignation notice.
Return all documents, materials, communication equipment, labor tools, houses, means of transportation and other property of Party A held by Party B, and compensate for any loss or damage.
3) handover work;
4) Pay liquidated damages and compensation;
5) Party A shall issue a certificate of termination or rescission of the Labor Contract;
The labor contract relationship between both parties shall be dissolved on the 3rd1day from the date of Party B's written notice. However, if it is not handled in time due to Party B's reasons, the handling time may be postponed, and the losses caused thereby shall be borne by Party B. ..
However, if the delay is caused by Party A, Party A shall go through the formalities for Party B and compensate Party B for its losses.
9. Any dispute arising from or related to this Agreement shall be submitted to the local court of Party A for settlement.
10. If Party B's mailing address changes at the beginning of this contract, it shall immediately notify Party A in writing, otherwise, Party B shall be responsible for the communication obstacles between the two parties.
1 1. This contract is made in duplicate, with each party holding one copy.
Party A:
Legal Representative: Party B:
Signature time:
The third part of the 3.2023 retirees employment contract model
Employer: _ _ _ _ _ _ _ _ _ (hereinafter referred to as "Party A") Hired personnel: _ _ _ _ _ _ (hereinafter referred to as "Party B")
Rule number one. Dating content
1. Party A will employ Party B as the general manager and legal representative of Party A. ..
2. Party B agrees to accept the appointment, knowing and agreeing that all management rights and actual ownership of Party A after its establishment shall be enjoyed by Party A, including all certificates and seals (including company seals) of Party A, which shall be kept and used by Party A or Party A, and Party A shall enjoy all control rights of Party A. The positions held by Party B as general manager and legal representative of Party A are only formal functions, and Party B shall not enjoy the management rights of Party A. ..
3. Both parties unanimously and clearly confirm that the employment relationship is established in this agreement, and Party A does not need to pay corresponding remuneration to Party B. Party B only gets relevant remuneration from the labor relationship with Party A or other relationships. ..
Article 2. Term of appointment
Both parties agree through consultation that the employment term of this agreement is open-ended, and the operating term of Party A is temporarily the employment term of this agreement. If Party A requests to terminate the employment due to the relevant provisions of laws and regulations or the policy shift, Party B shall agree (Party A's notice of termination of employment takes effect), and Party B shall actively assist in all relevant procedures involved in the registration of change or cancellation.
Article 3: Remuneration for Employment
Party A pays Party B RMB Yuan only .. The annual payment is made in each accounting year, that is, the remuneration of the previous year can only be paid after the settlement at the end of the next year.
Article 4. Requirements for this post
1. In order to facilitate the daily operation, a series of registration procedures for investment projects hired in this agreement, such as Party A's change, shall be directly undertaken by Party A, and Party B shall cooperate.
2. In the actual operation of Party A, Party B shall actively cooperate with all kinds of procedures (written or on-site) that should be attended or handled by the general manager and legal representative as stipulated by the CIRC, the Foreign Economic and Trade Commission, industry and commerce, taxation, quality inspection, banking and other relevant departments; In addition, Party B shall provide Party A with long-term employment materials to handle the formalities required by the above-mentioned relevant departments. At the same time, without the prior written consent of Party A, Party B shall not provide employment procedures for any third party to handle matters related to the company.
3. Party A will decide whether to increase its investment in Party A according to the actual business needs in the future. However, within the validity period of this agreement, Party B is still obliged to continue to cooperate with a series of related procedures such as change registration and qualification application arising from capital increase. For related work and operation methods, please refer to the relevant company registration contents of this agreement.
4. Without the authorization of Party A's executive director, board of directors or shareholders' meeting, Party B engages in the following prohibited acts:
① Not participating in the appointment or dismissal of employees of the Company other than the executive director, board of directors or shareholders' meeting;
(2) Not participating in organizing the formulation of rewards and punishments, salary and other welfare distribution plans of Party A's company;
(3) Not participating in and enjoying the decision-making power to preside over and convene daily work meetings;
5. Party B shall not take advantage of his position as the general manager or legal representative of Party A to engage in any behavior that infringes the interests of the company;
① Have no right to dispose of Party A's property, including but not limited to assignment, transfer, mortgage, pledge, lease and gift;
(2) Without the written consent of Party A, Party B shall not sign agreements, conduct transactions, participate in or conduct related transactions with any third party in the name of Party A;
(3) Party B shall not operate the same business as Party A on its own or for others;
(4) The assets of the company shall not be used as a guarantee for the directors, shareholders or other individuals and debts of the company;
⑤ Never accept other people's property or make any promises in the name of the general manager or registered legal representative of Party A..
All the above acts are regarded as the infringement of the company and the interests of the company by Party B. If Party B gains any benefits from it, it is regarded as occupation and bribery, which constitutes a criminal offence according to law.
Article 5. trade secret
1. The matters involved in this agreement belong to the category of trade secrets according to law. Neither Party A nor Party B shall disclose the contents of this Agreement and related matters to a third party in any way. Even after the performance of this agreement, both parties have the obligation to actively protect the information in this agreement from external influences.
2. This obligation is the main contractual obligation of this agreement, and both parties shall actively and completely perform it; Otherwise, the breaching party shall compensate the observant party for any economic losses.
Article 6. responsibility for breach of contract
The relevant obligations contained in this agreement are the most important contractual obligations. Any violation of any requirement of this agreement by either party shall be deemed as breach of contract. The observant party may terminate this agreement by itself, and at the same time require the defaulting party to bear the penalty of RMB. At the same time, it should be noted that the liquidated damages are an estimate of the losses caused by the non-breaching party's violation of the obligations of both parties according to the agreement. Both parties are fully aware of the huge risks brought by the breach of contract, so the amount is completely true and reliable. Even after the lawsuit, the breaching party should not ask for a reduction in the amount.
Article 7 Supplementary Provisions on the Effectiveness of the Agreement
1. The signing of this agreement is the true intention of both parties and is only for the commercial purpose of Party A's commercial investment. At the same time, the parties to the agreement have fully considered and confirmed that the signing of this agreement will not harm the legitimate interests of the state, the collective or any other third party. According to the basic principles of good faith and autonomy of will, the two sides signed an agreement through consultation according to law, which is clearly legally binding on both sides.
2. Notices, requests or other communications involved in this Agreement shall be in written form and may be sent by e-mail, letter, telex, telegram, etc. The contact address determined in this agreement is the contact address of both parties.
3. This agreement can be modified or dissolved after both parties reach an agreement through consultation and sign a written document. This agreement shall come into effect as of the date of signature or seal by both parties, in duplicate, with each party holding one copy, with the same legal effect.
There is no text below, it is a signature column.
Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _ _
The signing address of this Agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Model employment contract for retirees in 2023
Employer: _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mobile phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the provisions of the Lawyers Law of People's Republic of China (PRC), through friendly negotiation, both parties have reached the following agreement on the engagement of private lawyers:
Employment items and duration
Article 1 Party B accepts the appointment of _ _ _ _ _ _ _ _ _
Article 2 The employment term is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ years.
Responsibilities and scope of work of private lawyers
Article 3 The duties of a private lawyer are: to provide legal services related to business for the employer and safeguard the legitimate rights and interests of the employer. The scope of work is as follows:
(1) Answering legal advice concerning business, personal property rights and personal rights and interests in daily life, such as creditor's rights and debts, house purchase, consumption, inheritance, marriage, labor, reputation, traffic accident compensation, personal injury compensation, etc.
(2) provide _ _ _ hours of multi-channel consulting services (including telephone, mail and fax), answer general questions immediately, and answer difficult questions within _ _ _ _ hours;
(3) Provide standardized contract text format for you to engage in various economic and civil activities;
(4) Provide the latest laws and regulations information according to your needs;
(5) provide you with free lawyer witness service throughout the year;
(6) Drafting, revising and reviewing relevant legal documents concerning individuals or assisting in negotiations with third parties on issues concerning personal rights and interests;
(7) Help you plan, analyze and judge the legal affairs of the individuals involved, put forward suggestions and solutions, and issue legal opinions;
(8) As an entrusted lawyer, safeguard your personal legitimate rights and interests such as reputation, person, freedom, property and intellectual property rights (patents, copyrights);
(9) Assist you to negotiate with relevant departments, make statements through the media, issue legal opinions, lawyers' letters, etc. ;
(10) Handling the transfer and pledge of personal property (house, equity, etc.). );
(1 1) Two civil and economic litigation cases involving property (the subject amount is less than 50,000 yuan) or three litigation cases without property disputes are handled free of charge.
Standards and payment methods of attorney fees
Article 4 The standard for the employer to pay personal lawyer's fees to employees is RMB _ _ _ _ _ _ _ _.
Article 5 The Employer does not need to go through the entrustment formalities in Item (1)-( 1 1) of Article 3 of this Agreement, and will not pay any other fees except the personal attorney fees agreed in Article 5 of this Agreement; Legal affairs beyond the above-mentioned service scope or those who are in the process of renewing the contract shall be entrusted separately, and the lawyer's fee shall be given to the employer at a preferential rate of _ _ _ _ _ _% according to the standard stipulated by this law firm.
Rights and obligations of both parties
Article 6 Rights of Employers
1. Have the right to supervise lawyers' work and make comments and complaints about lawyers' dereliction of duty;
2. Have the right to put forward specific requirements for the work of private lawyers, except for violations of facts, laws and regulations, or events caused by force majeure (including but not limited to the provisions of government departments), or events that cannot be realized at all;
3. If the interests of the employer are intentionally harmed due to the gross mistake of the private lawyer, the employer has the right to unilaterally terminate the contract.
Article 7 Obligations of employers
1. The employer shall pay the lawyer's fees according to Article 5 of this Agreement;
The Employer shall provide the following documents on the date of signing this Agreement:
A copy of the identity certificate of the employer;
Sign a power of attorney to the hired lawyer, and specify the scope and time limit of the private lawyer's authority;
2. At the request of the applicant, when private lawyers conduct project negotiation or investigation, non-litigation negotiation, mediation, arbitration or litigation, and need private lawyers to handle it on site, relevant travel expenses and other directly related expenses (including but not limited to fees charged by state organs, photocopying fees, etc.). ) shall be borne by the employer. Party B shall provide necessary documents and explanations for the occurrence of such expenses.
3. In order to enable private lawyers to perform their duties according to law and provide better legal aid, the employer should actively cooperate with lawyers, introduce relevant information to private lawyers in real detail, provide copies or photocopies of relevant documents and materials, and relevant evidence clues, and invite private lawyers to participate in relevant meetings, negotiations and investigations in advance when necessary.
4. For all kinds of contracts drafted, negotiated, reviewed and revised by private lawyers, the employer shall promptly send the contracts (including copies or photocopies of revised draft contracts and formally signed contract texts) to private lawyers for reference.
Article 8 Rights of Party B
1. Have the right to refuse the employer's request to handle legal affairs suspected of violating the law;
2. If the employer fails to pay the relevant fees of private lawyers in time, the hired lawyers have the right to suspend legal affairs, and all the consequences arising therefrom shall be borne by the employer.
Article 9 Obligations of Party B
1. After accepting the appointment of a private lawyer, employees have the responsibility to keep the business secrets and personal privacy of their employers. Without the written consent of the Employer, any information or data obtained from the Employer shall not be disclosed to a third party in any way or used for any purpose other than this Contract. If losses are caused to Party A due to Party B's leakage, Party A has the right to claim compensation according to law.
2. Party B opens a _ _ _ _ hour legal hotline for Party A to answer legal questions for Party A at any time, and the general service response time is _ _ _ _ hours; If you need a private lawyer to work on site, it usually takes three hours to arrive in _ _ _ _ _ _ _; Major issues shall be negotiated by both parties in due course.
3. If the employer suffers economic losses due to gross negligence or intentional damage to the interests of the employer, the employer has the right to claim compensation.
responsibility for breach of contract
1. If the Employer fails to pay the lawyer's fees as agreed in Article 5 of this Agreement, it shall pay the employee liquidated damages in addition to paying the lawyer's fees in full (the calculation ratio shall be calculated by referring to the penalty interest paid by the bank for overdue payment);
2. If the Employer terminates this Agreement without reason, it shall pay a penalty of RMB _ _ _ _ _ _ _ _ _.
3. If losses are caused to the employer due to the fault of the employee's lawyer, the employer has the right to claim compensation according to law and unilaterally terminate this agreement in advance. The employee shall refund the remaining legal consultant fees to the employer after converting the actual performance days of this agreement.
Settlement of disputes
Any dispute arising from the performance of this Agreement shall be settled through negotiation. If negotiation fails, either party has the right to bring a lawsuit to a court with jurisdiction.
Other agreements
Article 10 For matters not covered in this Agreement, both parties shall negotiate separately, and the signed supplementary agreement shall be an integral part of this Agreement;
Article 11 This Agreement is made in duplicate, one for the employer and one for the employee.
This agreement shall come into force as of the date of signature.
Signed by:
Employer: (signature) Employee: (signature)
Address: Address:
Tel: Tel:
Date of signature: year month day.
Signing place:
5. Chapter 5 of the model employment contract for retirees in 2023
Party A (unit): Party B (retiree):
In order to give full play to the rich experience and technical expertise of retirees and strictly implement the national policies and regulations on the employment of retirees, Party A and Party B, based on the principle of equality and voluntariness, conclude this contract through consultation.
I. Work Contents and Requirements:
1. Party A employs Party B as.
2. Party B must strictly abide by national laws and regulations, abide by Party A's rules, regulations and disciplines, take good care of Party A's property, and obey Party A's leadership, management and work arrangements.
3. Party B must abide by professional ethics, keep Party A's business secrets and safeguard Party A's interests and reputation.
Second, the employment period:
The employment period is from _ _ _ _ _ _ _ to _ _ _ _ _ _.
Three. Employment remuneration and working hours:
1. Party A shall pay Party B monthly labor remuneration in cash.
2. Party B's working hours are the same as those of Party A's regular employees.
Four, injuries, diseases and accidents:
1. Party B's industrial injury and death insurance benefits during the employment period shall be implemented by Party A with reference to relevant national regulations.
2. If Party B suffers from work-related injuries, illness or death during the employment period, the expenses shall be borne by Party B..
Verb (abbreviation for verb) Termination, rescission and change of contract:
1. This contract will be terminated upon expiration.
2. If one party breaches the contract, the other party may notify the other party in writing to terminate the contract through consultation.
3. If some terms of the contract cannot be fulfilled for some reason, the contents of the contract can be changed through consultation between both parties; If no agreement can be reached, this contract shall be terminated.
Responsibility of intransitive verbs:
1. During the performance of this contract, if this contract is dissolved due to Party B's work error or violation or non-performance of this contract, which causes economic losses to Party A, Party B shall be liable for compensation.
2. If one party violates or fails to perform this contract, which leads to the termination of this contract, it shall pay the other party a penalty, with the standard of _65438+ 00% of the monthly labor remuneration for the month when the contract is not performed.
Seven. Other agreements:
Eight. Supplementary terms:
1. This contract shall come into effect as of the date of signature by both parties.
2. If employment is still needed after the expiration of the contract, both parties can negotiate to renew the contract.
3. This contract is made in triplicate, with Party A, Party B and Human Resources Management Department holding one copy respectively.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- Previous article:What are the conditions for the second child subsidy?
- Next article:How to apply for Meizhou social security card?
- Related articles
- How long can an individual get a social security card after paying social security?
- Ask Yunnan Social Security Bureau for the phone number? Ask for the telephone number of the social security bureau office in Longyang District, Baoshan, Yunnan.
- How much is Yongjia old-age insurance every month?
- What information does Nanjing social security annual inspection need?
- Kunming social security payment standard is 202 1 year.
- Social security payment time
- How will a three-month break in social security payments after quitting a job affect you?
- Does the social security card include the medical insurance card?
- Open studio can pay five insurance
- Payment of endowment insurance for migrant workers