英文劳动合同书-全日制合同.doc

No.:Contract of Employment (For Full-time Employment)Name of Party A (Employer) Nature of Party A Address of Part A Legal Representative (Principal) Name of Party B (Employee) Sex Identity Card Number Address Telephone Printed by Wuhu Municipal Human Resources and Social Security Bureau (Contract of Employment shall be kept in the personal files of the Employee and shall not be duplicated)This Contract of Employment is made and entered into between Party A and Party B voluntarily via equal consultation and in accordance with stipulations of Labour Law of the Peoples Republic of China, Law of The Peoples Republic of China on Employment Contracts and other relevant laws and regulations. Term ofthe ContractArticle 1 The following form is adopted to determine the term of this Contract: (I) Fixed term. The Contract enters into force on (Month) (Day), (Year) and terminates on (Month) (Day), (Year); during which there is month of probation period, which terminates on (Month) (Day), (Year). (II) Flexible term. The Contract enters into force on (Month) (Day), (Year) and terminates when situation stipulated in Article 14 happens; during which there is month of probation period, which terminates on (Month) (Day), (Year). (III) With completion of as the term. The Contract enters into force on (Month) (Day), (Year) and terminates when the said work is completed, the sign for the completion of the work is . Duties and Working HoursArticle 2 Party A employs Party B as type of job (position) at Post (Department) of (Location) based on production (working) needs. Party B must fulfill stipulated quantity and quality quota and working task according to requirements of Party A on production (working) task and liability system of the position. Party A shall, implement regulations in relevant policies and laws of the province, municipality and the state, establish and improve labor rules and regulations according to laws; Party B shall voluntarily follow labor disciplines and rules and regulations formulated by Party A in accordance with laws and made public to employees. Party A shall seriously follow national and provincial regulations on working hours, rest days and holidays; if Party A arranges Party B to work overtime, overtime pay shall be paid to Party B in accordance with laws. Labor Protection and ConditionsArticle 3 Party A shall strictly implement national and provincial regulations on employees labor security, labor protection, occupational health, etc, and conduct education on basic knowledge of occupation technology, security and health, and so on for Party B, provide Party B with national stipulated labor sanitary condition and necessary labor protection products, and protect Party Bs security and health. Party A must inform Party B of the potential occupational diseases and other diseases and consequences thereof in the work, as well as the occupational diseases prevention measures and remuneration among other related information. RemunerationArticle 4 Party A pay Party B remuneration in the form of currency monthly, and the amount shall not be less than minimum local wage standards at the location of the Employer. Among which, the monthly wage of probation period is RMB ; when the probation period is due, the monthly wage standard is RMB (if the parties have otherwise agreed, such agreement shall prevail). Bonus, merit pay and allowance of Party B shall follow the enterprise internal wage distribution system formulated by Party A in accordance with laws. (Note: In case both parties fail to stipulate wage and benefit clearly and cause disputes, both parties may renegotiate; should such negotiation fails, stipulations of collective contract shall apply; in case theres no collective contract or no remuneration stipulation in collective contract, the principle of equal pay for equal work shall apply.) Social Security and Welfares Article 5 During the term of the Contract, Party A and Party B must pay full social insurance premium to the social insurance institutions in time according to national and provincial and municipal stipulations, Party B shall enjoy social insurance treatment according to laws. Other welfares and benefits of Party B shall be implemented according to relevant regulations of the nation, the province, the municipality or collective contract of the Employer. Conditions of AlterationArticle 6 (I) The stipulated content of this Contract of Employment may be altered if both parties have so agreed. The alteration of this Contract of Employment shall be made in writing with both Party A and Party B holding one. (II) In case Party A alters items such as the name, legal representative, principal or inventors, the performance of this Contract of Employment shall not be affected. (III) In case Party A merges or divides, the original Contract of Employment remains in force. The Contract of Employment shall be performed continually by the employer unit that inherits Party As rights and obligations. Conditions of SuspensionArticle 7 In any of the following cases, the performance of this Contract of Employment is suspended: (I) Party A and Party B have so agreed;(II) Party Bs personal freedom is restricted according to laws;(III) The Contract of Employment is temporarily unable to be performed due to force majeure; (IV) Other cases stipulated by laws and regulations.The Contract of Employment shall resume when cases leading to the suspension have disappeared and the performance conditions remain; unless otherwise stipulated by laws and regulations. Conditions of CancellationArticle 8 The Contract of Employment may be cancelled if Party A and Party B have so agreed. Article 9 The Contract of Employment may be cancelled during the probation period if Party B notifies Party A 3 days in advance, or if Party A informs Party B that Party B is unqualified for the employment. Article 10 Party B may cancel the Contract of Employment with Party A in any of the following cases: (I) Party A fails to provide the labor protection or labor conditions as agreed in the Contract of Employment; (II) Party A fails to pay the full remuneration in time; (III) Party A fails to pay social insurance premium for Party B in accordance with laws; (IV) The rules and regulations of Party A run counter to the provisions of laws and regulations and infringe the rights and interest of Party B; (V) Party A concludes or alters the Contract of Employment by deception, intimidation, or utilization of the precarious situation of Party B, or against the true will of Party B, which results in invalidity of the Contract of Employment; (VI) Other cases stipulated by relevant laws and administrative regulations under which Party B may cancel the contract of employment. Party B may, without prior notification to the employer, forthwith cancel the Contract of Employment in case Party A compels Party B to work by force, coercion or illegal restriction of personal freedom, or gives direction in violation of the regulations, forces Party B to engage in risky operation endangering Party Bs personal safety. Article 11 Party A may cancel the Contract of Employment without paying economic compensation in any of the following cases: (I) Party B is proven unqualified for the employment requirements during the probation period; (II) Party B materially violates the regulations and rules legally formulated by Party A; (III) Party B causes material loss of and damage to, Party A by gross negligence or engages in malpractice for selfish ends; (IV) Party B establishes labor relation with other employers at the same time, resulting in material impact on the completion of the work and task of the Employer, or refuses to rectify after being required to do so by Party A; (V) Party B concludes or alters the Contract of Employment by deception, intimidation, or utilization of the precarious situation of Party A, or against the true will of Party A, which results in invalidity of the Contract of Employment;(VI) Party B is subject to criminal liabilities in accordance with relevant laws. Article 12 Party A may, by informing Party B in writing 30 days in advance or paying extra wage of one month to Party B, cancel the Contract of Employment in any of the following cases: (I) Party B is unable to engage in his original work or any new work otherwise arranged by Party A after the expiration of the medical treatment as stipulated due to illness or non-work-related injury; (II) Party B is not competent to perform his/her work and continues to remain incompetent even after being trained or assigned to another job; (III) The Contract of Employment is unable to be performed due to material change of the objective situation upon which the conclusion of the Contract of Employment was based, and no agreement on the modification of such Contract is reached upon the consultation between Party A and Party B. Party A shall pay economic compensation to Party B in accordance with regulations of relevant laws when the Contract of Employment is cancelled according to Article 8 (proposed by Party A), Aticle 10, or Article 12. Conditions of TerminationArticle 13 The Contract of Employment shall be terminated in any of the following cases: (I) The term of the Contract of Employment expires;(II) Party B starts to receive basic pension benefits in accordance with relevant laws; (III) Party A is declared bankrupt in accordance with relevant laws; (IV) Party A has its business license revoked or is ordered to be closed or dissolved, or Party A decides to dissolve in advance; or(V) Other cases stipulated by the laws and administrative regulations. Wherein, Party A shall pay economic compensation to Party B in accordance with regulations of relevant laws when the Contract of Employment is terminated in accordance with the provisions stipulated in the above Item (I), (III) and (IV), except where Party A renews the Contract of Employment while maintaining or increasing the agreed conditions specified in the Contract of Employment and Party B does not agree to the renewal.Where the Contract of Employment expires under any of the cases stipulated in Article 14 hereof, it shall be extended until the relevant cases ceases to exist. Notwithstanding the foregoing, the termination of the Contract of Employment of the employee who has lost, or partially lost, working capability as stipulated in Item (II) of Article 14 hereof shall be subject to the provisions of the State in connection with work-related injury insurance. Special ProtectionArticle 14 Party A shall not cancel the Contract of Employment on the basis of the provisions stipulated in Article 12 hereof in any of the following cases: (I) Party B engaged in hazardous operation with exposure to occupational diseases has not been examined for occupational health before leaving the position or Party B is suspected of suffering from occupational diseases and is being diagnosed or under medical observation;(II) Party B has developed occupational diseases during his/her service term with the Employer or is injured due to work and is confirmed losing or partially losing working capability; (III) Party B is within medical treatment period as stipulated for illness or injury not related to work; (IV) The female employer is within her pregnant, puerperal or breast-feeding period; (V) Party B has been working for the Employer for more than 15 consecutive years and is within five years from the statutory retirement age; or(VI) Other cases stipulated by the laws and administrative regulations. Other Items Agreed by Both PartiesArticle 15 Based on the principles of lawfulness, fairness, voluntariness and equality, consensus, honesty and credibility, Party A and Party B agree the following: (Note: 1. Except Party A provides Party B with funds for dedicated training or professional technical training, or both Parties stipulate competition restriction terms and conditions, Party A is not allowed to agree with Party B that the liquidated damages shall be assumed by Party B; 2. Pages attached to this column (if applicable) shall be signed by both Party A and Party B.)Dispute SettlementArticle 16 All disputes arising from the performance of this Contract shall be settled by Party A and Party B via timely negotiation; disputes unsolved via negotiation may be submitted for mediation and arbitration in accordance with laws. Other ItemsArticle 17 Affairs not covered in this Contract shall be dealt with national, provincial and municipal regulations; during the Contract, if terms and conditions of this Contract dont conform to relevant new regulations of the nati