E-劳动合同英文模板.doc

Labor ContractUpdated 2008-4-17Party A - EmployerNAME: Address: Party B - EmployeeNAME:Gender: Address: ID number:Tel: Post Code: Pursuant to the Labor Law of Peoples Republic of China, Regulation of Shanghai Municipality on Labor Contract and other relevant Chinese laws and regulations, Party A and Party B, adhering to the principles of equality, free will and friendly consultation, agree to sign this Labor Contract (hereinafter referred to as “Contract”), with commitment to abide by all the clauses listed in this contract, and hereby validates dispute settlement pursuant to this contract.Article 1 Sort and Term of the Contract1.1 This contract shall be valid from to . Choose one (tick the box on the left):This is a full contract. The probation period shall be the first months upon effectiveness of the contract.This is a full contract, separate from the probation period contract.1.2 Only when Party B passes Party As merit system involving routine work, operation knowledge and ability as the period, of probation expired, shall Party B become a regular member of Party A. In the above case, Party A will send a notice to Party B the first day after the expiration of the probation period. If Party B fails to pass Party A merit system or fails to receive the notice, the contract will terminate, unless Party A has other arrangement.Article 2 Scope of Work2.1 Party A employs Party B to take up the role of 2.2 Party A might adjust Party Bs job according to the need of work along with Party Bs competence. Party B agrees to accept such adjustments on his/her post and the corresponding adjustment of salary and bonus. 2.3 Party B shall complete work on time in conformity to his/her job responsibility and requirements of regulation. 2.4 Considering the particularity of the section where Party B is working for, Party A agrees on the flexible-working-hour system requested by Party B. And the actual working hours shall be in accordance with the regulation stipulated by laws.Article 3 Labor Protection and Working Conditions3.1 Party A shall provide Party B a safe and healthy working environment which is equipped with the necessary facilities for ensuring the safety of workers in compliance with relevant regulations. Party A shall establish, perfect and strictly implement the safety rules at work.Article 4 Remuneration and Bonus4.1Party Bs basic salary shall be RMB per month, and party B shall receive compensation of RMB 500 for competition restriction, and a subsidy of RMB 500 for confidentiality.Party Bs level of salary and bonus shall be adjusted in compliance with Party As relevant regulations.Optional: Probation period salary shall be RMB _per month.4.2The salary shall be paid on the last working day of each month. The remuneration and bonus might be paid either by means of currency.4.3Party B shall enjoy leaves for work-related injury, pregnancy, maternity, breast-feeding and etc in accordance with the regulations prescribed by the State.4.4Party B shall enjoy sick leave or leave for not work-related injury in accordance with the regulations prescribed by the State, internal rules and HANDBOOK.4.5Party B shall enjoy all subsidies and welfare in accordance with the regulations prescribed by the State and Party A. (Applies to Chinese nationals only)4.6Party B shall enjoy all leaves for holiday, marriage, funeral, family plan, visiting relatives, public holiday and etc in accordance with the regulations prescribed by the State and Party A (including HANDBOOK).Article 5 Labor Discipline, Reward and Punishment5.1Party B shall comply with the laws and regulations prescribed by the State and all the rules and regulations formulated by Party A.5.2Party B shall voluntarily pay attention to the protection for ensuring the safety at work. Party B has the right to reject any job that might jeopardize peoples safety and health without protection measure. 5.3Party A has the right to manage Party B as stipulated and reward Party B according to his/her performance and contributions at work based on internal regulations.5.4If Party B violates the rules and regulations of Party A, Party A has the right to impose sanctions on Party B.5.5If Party B deliberately or negligently causes any loss to Party A at work, Party B shall indemnify Party A. If Party B violated the laws, he/she will be sent to the relevant State departments for disciplinary action.Article 6 Termination the ContractI. The contract shall automatically terminate under one of the following circumstances:The contract expires or the termination condition agreed applies when:Party A is insolvent, dismissed or revoked.Party A business License is suspended or Party A ceases operation.Party B retires, resigns or dies.The contract hasnt been performed for at least one month.If Party B has an occupational disease or has been injured for work and correspondingly been confirmed as partially unable to work, party A shall pay Party B a handicapped employment subsidy.II. Party A may terminate the contract under one of the following situations and take no responsibility for the termination1.Party B is proved to be not up to the employment standards within the period of probation or unable to pass Party As merit system.2.Party B is unable to provide legal materials for employment including but not limited to Labor Manual within the given time since the date of signing the contract.3.Party B is addicted to drugs or any illegal behavior.4.Party B, after a treatment of disease or non-job injuries, is unable to do the job arranged by the employer. 5.Party B is not competent for the job assigned to him and still falls short of the standards even after being trained or given other jobs.6.This labor contract can no longer be executed due to major changes in the objective conditions and a revision cannot be reached through consultation by both parties 7.Party A reduces the staff due to business environment.8.All terminal conditions in national law and HANDBOOK.III. A worker may notify the employer of his decision to dissolve the labor contract at any time in one of the following circumstances: 1. During period of probation2. Party A compels a worker to work by the use of force, threat or by means of illegally restricting personal freedom3. Party A fails to pay remuneration or provide the working conditions agreed upon in the labor contract.4. Party B resigns and is required to release the contract.IV. 30 days prior notice in writing to the other is mandatory for both two parties if either party is willing to terminate the contract in non probation time.V. If Party B joins the army or perform any other obligations as stipulated by the State the contract shall cease to be performed, and not be resumed until the reason for ceasing the contract vanishes upon both parties agreement. (Applies to Chinese nationals only)Article 7 Responsibilities for Breaching the Labor Contract7.1In the event that either party breaches any of the provisions of this contract and this result in the losses of the other party, the party breaching contract shall be liable to compensate the other party s corresponding losses.7.2During the term of this contract, if Party B ever takes training sponsored by Party A or a house from Party A , and the labor contract is released or terminates for the sake of Party B, the Party A has the right to require Party B to return it. Party B shall pay to Party A a fine amounting to the equivalent of Three (3) months salary. If such a fine is not enough to indemnify the losses, Party B shall pay to Party A not a fine but all the incurring losses.Unless otherwise stipulated in clause 6, item 3s 1, 2, 3, Party B shall indemnify Party A if Party B terminates the contract or Party A terminates the contract for the sake of Party B causing losses to Party A.Article 8 Commercial Secrecy and Competition Restriction8.1Party B shall keep Party As commercial secrecy including but not limited to the information concerning clients, project, staff, working technique, marketing strategy and other relevant information affiliated to Party As business activities. The confidentiality period is 2 years. Party Bs confidentiality period is twice longer than the term of this contract. (If both parties renew this contract or sign another contract, the confidentiality period is twice longer than the total of each term of the contract).8.2If Party B negligently leaks commercial secrecy, Party A has the right to ask for compensation from Party B.8.3If Party B deliberately leaks commercial secrecy, Party B shall pay Party A a fine amounting to RMB10000, besides compensation of Party As losses.8.4Party B is prohibited from getting individual benefits and interests by utilizing commercial secrecy acquired from Party A. Party B shall keep commercial secrecy forever if the leak may jeopardizes Party A benefits and interests or affect Party As business activities.8.5Party B assures Party A that the period of competition restriction is 2 years. When the above period is due, Party B has the right to work at the companies in Party A industry. Party B shall avoid all the work in the new company that is directly or indirectly connected with Party A, and within the competition restriction period, otherwise Party A has the right to affix Party B or Party Bs employer legal responsibility.Exemption applications must be made in writing and directly addressed to the Managing Director for review.Article 9 Specialties9.1For whatever reason Party B resigns, Party B shall do take-over procedure in advance as required by Party A, and make clearance according to the resigning process regulated in HANDBOOK. Otherwise, Party A has the right not to handle dismissal procedure for Party B. Party B shall be liable for that. If Party B fails to make clearance of his/her account, Party B shall pay Party A a fine amounting to RMB 50 per day from the first day of such breach until settlement.9.2If Party Bs previous employer fails to render social welfare funds for Party B, Party B shall claim his/her right against his/her previous employer in time and Party A takes no responsibility for that.9.3 If Party B resigns, Party B should pay 50% of the whole charge Party A has paid for Party Bs foreigner Visas( Z/L/F) and work/residence permit before