LABOUR CONTRACT
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合同英文版
LABOUR CONTRACT
EMPLOYER:
LEGAL REPRESENTATIVE:
ADDRESS:
EMPLOYEE:
NAME:
GENDER:MALE
ADDRESS:
NATIONALITY:P.R.CHINA ID CARD NO.:
THIS CONTRACT IS SIGNED ON A MUTUALITY VOLUNTARY BASIS BY AND BETWEEN THE FOLLOWING EMPLOYER AND EMPLOYEE IN ACCORDANCE WITH THE LABOUR LAW OF PEOPLE'S REPUBLIC OF CHINA."
1.TERM OF THE CONTRACT:
THE TERM OF THIS CONTRACT IS FOR ONE YEAR AND SHALL COMMENCE ON_____,_____, AND SHALL CONTINUE UNTIL _____,_____,UNLESS EARLIER TERMINATED PURSUANT TO THIS CONTRACT. THE EMPLOYEE SHALL UNDERGO A PROBATIONARY PERIOD OF THREE MONTHS.
2.JOB DESCRIPTION:
THE EMPLOYER AGREES TO EMPLOY MR./MS.________(NAME)AS ________(JOB TITLE) IN ________DEPARTMENT, LOCATED IN________(OFFICE LOCATION AND CITY).
3. REMUNERATION OF LABOUR
A.THE SALARY OF THE EMPLOYEE SHALL BEMONTHLY PAID BY THE EMPLOYER IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS OF P.R.C. IT SHALL BE PAID BY LEGAL TENDER AND NOT LESS THAN THE STANDARD MINIMUM SALARY IN TIANJIN.
B. THE SALARY OF THE EMPLOYEE IS RMB$______ PER MONTH IN THE PROBATIONARY PERIOD AND RMB$ _____ AFTER THE PROBATIONARY PERIOD.
C. IF THE DELAY OR DEFAULT OF SALARY TAKES PLACE,THE EMPLOYER SHALL PAY THE ECONOMIC COMPENSATION EXCEPT THE SALARY ITSELF IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS.
4.WORKING HOURS & REST & VOCATION
A.THE NORMAL WORKING HOURS OF THE EMPLOYEE SHALL BE EIGHT HOURS EACH DAY, EXCLUDING MEALS AND REST FOR AN AVERAGE OF FIVE DAYS PER WEEK, FOR AN AVERAGE OF FORTY HOURS PER WEEK.
B.THE EMPLOYEE IS ENTITLED TO ALL LEGAL HOLIDAYS AND OTHER PAID LEAVES OF ABSENCE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE PRC AND THE COMPANY 'S WORK RULES.
C. THE EMPLOYER MAY EXTEND WORKING HOURS DUE TO THE REQUIREMENTS OF ITS PRODUCTION OR BUSINESS AFTER CONSULTATION WITH THE TRADE UNION AND THE EMPLOYEE ,BUT THE EXTENDED WORKING HOUR FOR A DAY SHALL GENERALLY NOT EXCEED ONE HOUR; IF SUCH EXTENSION IS CALLED FOR DUE TO SPECIAL REASONS, THE
EXTENDED HOURS SHALL NOT EXCEED THREE HOURS A DAY.HOWEVER, THE TOTAL EXTENSION IN A MONTH SHALL NOT EXCEED THIRTY-SIX HOURS.
5.SOCIAL SECURITY & WELFARE
A.THE EMPLOYER WILL PAY FOR ALL MANDATORY SOCIAL SECURITY PROGRAMS SUCH PENSION INSURANCE, UNEMPLOYMENT INSURANCE, MEDICAL INSURANCE OF THE EMPLOYEE ACCORDING TO THE RELEVANT GOVERNMENT AND CITY REGULATIONS.
B.DURING THE PERIOD OF THE CONTRACT, THE EMPLOYEE’S WELFARE SHALL BE IMPLEMENTED ACCORDANCE WITH THE LAWS AND RELEVANT REGULATIONS OF P.R.C.
6.WORKING PROTECTION & WORKING CONDITIONS
A.THE EMPLOYER SHOULD PROVIDE THE EMPLOYEE WITH OCCUPATIONAL SAFETY AND HEALTH CONDITIONS CONFORMING TO THE PROVISIONS OF THE STATE AND NECESSARY ARTICLES OF LABOR PROTECTION TO GUARANTEE THE SAFETY AND HEALTH DURING THE WORKING PROCESS.
B.THE EMPLOYER SHOULD PROVIDE THE EMPLOYEE WITH SAFETY EDUCATION AND TECHNIQUE TRAINING; THE EMPLOYEE TO BE ENGAGED IN SPECIALIZED OPERATIONS SHOULD RECEIVE SPECIALIZED TRAINING AND ACQUIRE QUALIFICATIONS FOR SUCH SPECIAL OPERATIONS.
C. THE EMPLOYEE SHOULD STRICTLY ABIDE BY THE RULES OF SAFE OPERATION IN THE PROCESS OF THEIR WORK.
7.LABOUR DISCIPLINE
A.THE EMPLOYER MAY DRAFT BYLAWS AND LABOUR DISCIPLINES OF THE COMPANY, ACCORDING TO WHICH, THE
EMPLOYER SHALL HAVE THE RIGHT TO GIVE REWARDS OR TAKE DISCIPLINARY ACTIONS TO THE EMPLOYEE;
B.THE EMPLOYEE SHALL COMPLY WITH THE MANAGEMENT DIRECTIONS OF THE EMPLOYER AND OBEY THE BYLAWS AND LABOUR DISCIPLINES OF THE EMPLOYER.
C.THE EMPLOYEE SHALL UNDERTAKE THE OBLIGATION TO KEEP AND NOT TO DISCLOSE THE TRADE SECRET FOR THE
EMPLOYER DURING THE PERIOD OF THIS CONTRACT; THIS OBLIGATION OF CONFIDENTIALITY SHALL SURVIVE THE
TERMINATION OF THIS CONTRACT FOR A PERIOD OF TWO (2)YEARS.
8.TERMINATION, MODIFICATION, RENEW AND DISCHARGE OF THE CONTRACT
A. THE RELEVANT CLAUSES OF THE CONTRACT MAY BE MODIFIED BY THE PARTIES:
I.THE SPECIFIC CLAUSE IS REQUIRED TO BE MODIFIED BY THE PARTIES THROUGH
CONSULTATION;
II.DUE TO THE FORCE MAJEURE, THE CONTRACT CAN NOT BE EXECUTED;
III.THE RELEVANT LAWS AND REGULATIONS HAVE BEEN MODIFIED OR ABOLISHED BY THE TIME OF SIGNING THE
CONTRACT.
B.THE CONTRACT MAY BE AUTOMATICALLY TERMINATED:
I) THIS CONTRACT IS NOT RENEWED AT THE EXPIRATION OF THIS CONTRACT;
II) THE EMPLOYER IS LEGALLY ANNOUNCED TO BE BANKRUPTCY, DISMISSED, OR CANCELED;
III)THE DEATH OF THE EMPLOYEE OCCURS;
IV) THE FORCE MAJEURE TAKES PLACE;
V)THE CONDITIONS OF TERMINATION AGREED IN THE CONTRACT BY THE PARTIES ARISE.
C.THE CONTRACT MAY BE RENEWED AT THE EXPIRATION THROUGH CONSULTATION BY THE PARTIES WITH THE FULFILLMENT OF THE PROCEDURE WITHIN 15 DAYS TO THE EXPIRATION;
D. THE CONTRACT MAY BE DISCHARGED THROUGH CONSULTATION BY THE PARTIES;
E.THE CONTRACT MAY BE DISCHARGED BY THE EMPLOYER WITH IMMEDIATE EFFECT AND THE EMPLOYEE WILL NOT BE COMPENSATED:
