labor_contract_英文版劳动合同

S/N: Employment Contract Employer: Employee: Published by Ningbo Labor and Social Security Bureau Employer (hereinafter referred to as “Party A”): Name: Legal Representative: or Chief Leader: Address: Employee (hereinafter referred to as “Party B”): Name: Educational Background: Identification Card No: Residence: This contract is executed by two parties in accordance with the applicable provision of “The Labor Law of the People’s Republic of China”, “Law of the People’s Republic of China on Employment Contracts” and other laws and regulations on the basis of equality, voluntariness and consensus. Article 1 Term of contract and Probation Period，and shall commence on（ ） A. Fixed period. The term of this Contract shall be ___ years, from_____/_____ /_____ to _____ /_____ /_____ during which there shall be a probation period of _____ months, from _____ / _____ / _____ to _____ / ______ / ______. B. Unfixed period. The term of this Contract shall be calculated from the date of _____/_____ /_____, including the probation period of _____ months. This contract shall be terminated when the circumstances of statutory termination occur. C. The term for fulfilling the production work. The term of this Contract shall be from the date of _____/_____ /_____, after such production work is completed, both parties shall terminate the labor contract. If this Contract is signed before employment, the labor relation shall be established since the date of employment. Article 2 Job Description The Employer agree to employ Mr./Ms._____________ (name) as _____________ (job title) in _____________ Department, located in _____________ (office location and city). Part B shall complete his work according to the job duties defined by Party A. Article 3 Working hours, rest breaks and holidays Party A shall implement the following ( ) type of working hour system for the position of Party B. A. Standard working hour system. B. Comprehensive working hour system. C. Flexible working hour system. In accordance with government requirements, party A and party B should strictly comply with rules of woking times.For option 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. 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. For option B or C, on the basis of ensure party B have a good health and would listen to party B’s idea, party A can take measures of concentrated work, concentrated rest, additional time off , flexible working hour to ensure party B can enjoy the right of rests,vocations and can complete productions and working tasks. Party B shall be entitled to legal annual vacations. Article 4 Labor Remuneration 1. The salary of the Employee is RMB _____ per month in the probationary period. This salary should not lower than the lowest salary standard on the same position in our company or 80%of its official wage, and its also shouldn’t lower than local minimum wage standard. 2. After the probationary period，the salary of the Employee shall be RMB _______ , and the wages will be made by ( ) a. Hourly wages b. piece wages According to the wage distribution system of party A, by the two sides consensus, During the term of the contract, the salary adjusted by party A for party B is the wage of this contract(shouldn’t lower than local minimum wage standard). 3. Party B’s salary will be paid by ( ) a. offered by banks b. pay in cash 4. Party A should pay the legal tender to party B as monthly salary, the party A should pay the wages before each month, and offer the payroll to party B. In case of the holiday or weekend, party A should pay at the recent working day payment ahead of time. 5. Party A should pay party B overtime wages in accordance with relevant regulation if party A request party B to work overtime on working day, work on off-days or legal holidays.And this shall be carried out by relevant laws and regulations and the relevant regulations prepared by Party A in accordance with law. Article 5 Insurance, Welfare and Benefits 1. Party A shall pay relevant social insurance to designated authorities on Party B’S behalf in a timely manner in accordance with government requirements. And the personal part will be deducted from the salary. 2. Party B's vocation of pregnancy, childbirth, breast-feeding and the corresponding treatment should according to the relevant regulations,such as maternity insurance, female employee's labor protection,etc. 3. The treatment for Party B’s occupational disease or job related injuries (death), sickness or non-job related injuries, and the provied of medicaid expenses paid should be carry out by ndustrial injury insurance, medical insurance and related provisions. Article 6 Working Protection & Working Conditions a. Party A and Party B shall strictly comply with the national regulations which concerning production safety and abide by regulations of labour protection and occupational hazards and protection of workers. b. Party A shall provide Party B protection facilities, equipment and labor protection articles and other labor protection conditions in accordance with the national labor. c. Party B shall strictly comply with the safe operation and the relevant rules and regulations prepared by Party A in accordance with law. If Party A illegal command or force risk operation, party B have the right to refuse it. d. Party A must strictly implement relevant Occupational Disease Prevention Laws, for the positions expose to occupational disease hazards,such as exposure to dust, radioactive substances and other toxic and hazardous substances, Party A should tell the truth and its consequences on occupational hazards, protective measures and treatment of occupational diseases to party B, and take preventive measures and protection facilities which meet the requirements of the national occupational health. e. If Party B is engaged in the operation that may expose to occupational disease hazards, Party A shall organize occupational health examination before go on duty and leave the post in accordance with relevant national provisions, and shall conduct regular occupational health examination on Party B during the contract term. Article 7 Amendment, Termination and Ending of Employment Contracts 1. The employment contract could be amended in a friendly negotiation with the amendment procedure operating in time. 2. Other than the circumstances stipulated in Article 38 in “Employment Contract Law”, Party B may terminate his employment contract upon 30 days’ prior written notice to Party A. During his probation period, he may terminate his employment contract by giving Party A three days’ prior notice. 3. Party A may terminate employment contract involving in the circumstances specified in Article 39, 40 & 41 in “Employment Contract Law”. Should Party B falls in the circumstance specified in Article 42 in “Employment Contract Law”, Party A must not terminate employment contract according to items regulated in Article 40 & 41 in “Employment Contract Law”. 4. The employment contract may terminate if it conforms to the circumstance as specified in “Employment Contract Law” and other national, provincial and municipal employment contract related provisions. 5. Termination of employment contract to employees who suffer employment injury or occupational disease shall be operated against national employment injury provisions. 6. Party A shall pay the employee severance pay involving in the circumstances specified in Article 46 in “Employment Contract Law”. 7. At the time of termination or ending of an employment contract, Party A shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of Party B’s file and social insurance account. Party B shall carry out the procedures for the handover of his work as agreed by the parties. Article 8 Covenants 1. According to provisions of Article 22, 23 & 24 in “Employment Contract Law”, covenants are agreed below: a. b. 2) Other covenants: Article 9 Party A shall establish internal rules and regulations against legal procedures with Party B informed and noted. Party B shall strictly abide by rules and regulations set by Party A. Article 10 Where an employment dispute between the parties takes place during the performance of this contract, the parties concerned may seek for a settlement through consultation or may apply to the employment dispute mediation committee of Party A’s unit for mediation. If the mediation fails and one of the parties requests for arbitration, that party may also directly apply to the employment arbitration committee located in Party A’s for arbitration in 60 days upon the employment dispute occurrence. Article 11 For matters not covered by this contract, or in the event that the provisions of this contract contravene applicable laws, regulations and policies, applicable laws, regulations and policies shall control. Article 12 This contract shall be in duplicate copies, with one copy for each of the parties, and shall take effect upon affixation thereto of the signature and seals of the parties. Party A should retain the labor contract which has been dissolved or terminated at least two years for future reference. Party A (Company Seal): Party B (Seal): Signature of Authorized Representative: or Signature of Chief Leader: Employment Contract Conclusion Date: Employment Contract Performance Starting Date: PAGE 6