劳动合同英语翻译.doc

No.: Labor Contract ForWorkers in Guangzhou City Employer (Party A): Guangzhou Economy & Technology Development Zone Electric Power Co., LTDAddress: Rm. 209 & 210, Complex Building, No. 14-16 Xingang Road, Economy & Technology Development Zone, Guangzhou CityEmployee: ID No.: Printed by Guangzhou Labor and Social Insurance Bureau Direction I. Both Parties shall carefully read the contract before affixing signatures on it. Once the contract is concluded, it bears legal force and both Parties shall strictly abide by. II. Employers (Party As) representative (or a proxy entrusted by Party A) must affix his / her signature and seal on the contract and the employee (Party B) must affix his / her signature and seal on this contract, after that, a seal of the employer shall be affixed on the contract, otherwise, this contract will the invalid. III. This contract applies to any employer of the city and the labor employed by the company, the nature of labor (including contract labors, contract labors moved in from other cities and the labors that are not citizen of the city) shall be clearly stated in the first passage of the contract, but the contract term of labors that are not citizen of the city (excluding labors applying for moving their citizenship to the city) shall not be over one year. IV. The empty place in this contract shall be filled in after negotiation of both Parties, and the empty place unnecessary to be filled in shall make a “/”V. Those unmentioned things in this contract may be listed in the place of “items to be clarified by both parties”, or a supplementary contract may be otherwise concluded. The supplementary contract otherwise concluded shall be the attachment of this contract and shall be implemented together with this contract. VI. The contract shall be filled in with a fountain pen, and the filled words shall be legible, clear, and accurate and must not be altered willingly. VII. This contract is made in triplicate (including attachment). After notarization, both Party A and B shall respectively keep one, and one shall be kept by notary authority. Each copy of the contract bears the same legal force. This contract may be invalid if it is altered or signed by a proxy without legal authorization. Guangzhou Economy & Technology Development Zone Electric Power Co., LTD (Party A) employs Wu Shaohua (Party B) as contract labor. According to The Labor Contract of the PRC and The Regulations on Labor Contract of Guangzhou City and other law and regulations, and on mutual equality and unanimous negotiation, both parties enter into this contract for forming labor relationship and for mutual observance. Article 1. Term of the contract (1) Both parties agree to the term of the contract according to the first type of the following terms; a. Fixed Term: from Apr. 1, 2002 to Apr. 1, 2004. The contract term is Two Years. b. Flexible Term: from to legally agreed termination term or the termination term agreed in this contract. c. The Term agreed for completion of assigned work: from till the work assigned is completed, and the completion of work shall be the symbol. (2) Both Parties agree that the first months of the valid contract term is the term of probation. Article 2. Works1）Party Bs position (place, department, species of work and position): Accountant 2) Party Bs commission or duty: to complete his mission according to required work. By following the quality and quantity, Party B shall complete the production (work) commission normally appointed to him by Party A. Article 3: Remuneration(1) Party Bs salary standard is RMB Yuan/month for the months on probation. (2) After probation term expires, Party A shall confirm Party B to enjoy the following type 1 salary according to Party As salary system.a. Hourly wage: Party Bs salary is composed by following parts: standard salary , allowance, , , , , , , , ; under normal working condition, the lowest salary standard to Party B is RMB 1000 Yuan/month. b. Piece rate: under normal working condition, the lowest salary standard to Party B is RMB Yuan / month, and the left shall be paid to Party B according to unit price of each finished piece and completion of work by Party B. c. Post salary: Party Bs post salary standard is RMB Yuan / month; if party Bs post is reappointed, party Bs salary shall be executed according to the salary standard of new post. d. Other form of salary: details shall be clearly stated in article 12 of this contract. (3) Each month, Party A shall timely pay salary to Party B in monetary fund; the date for Party A to pay salary to Party B is . (4) In case Party A appoint Party B to work overtime, Party A shall correspondingly pay salary to Party B according to what stipulated in article 44 of Labor Law. . Article 4: Social Insurance and Welfare (1) Social Insurance a. Both Party A and B shall participate endowment insurance, work injury insurance, unemployment insurance, medical insurance, procreation insurance and other social insurance and pay social insurance fee according to relevant insurance stipulation made by city, province and the State. b. In case Party B is suffered from occupational disease or injured, Party Bs injury insurance for treatment term or for the term after medical treatment shall be executed according to relevant stipulations of city, province and the State on work injury insurance. c. In case Party B is suffered from disease or injured not for work, Party Bs salary and almsgiving for his medical treatment term or the term of sick leave shall be executed according to the Stipulation of Guangzhou Medical Insurance or the interim stipulation Made by Party A. d. In case Party B is dead for work or dead not for work, the allowance for funeral, pension for his relatives, alms, a lump sum smart money, a lump sum pension, living allowance, allowance for funeral of his elder relatives and other allowances shall be paid to Party B by social insurance authority and Party A according to the relevant stipulations of the city and the State. (2) Welfare Party A shall provide welfare to Party B as follows: Article 5: Working protection and working condition(1) Working timei) As approved, Party A shall confirm to let Party B execute the following working time according to Party Bs post. a. Standard working time: Party B shall work 8 hours each day and 5 days each week. His weekly working hours shall not be over 40 hours; but the detailed working time shall be uniformly arranged by Party A. b. Flexible working time: Party Bs working time shall be flexibly arranged by Party A according to Party As post;c. Accumulative working time: Party Bs working time may be accumulated within_ _ months / Years, but Party Bs daily working hours must not be over 11 hours.ii) Within the term of this contract, if Party Bs post is legally changed, his working hours will be changed accordingly. iii) If Party A appoint Party B to work overtime, what stipulated in article 41 of Labor Law shall be executed. (2) Holidayi) Party A guarantee to let Party B has at least one holiday in a weak;ii) Party B legally enjoys the statutory holidays, general holidays, year-end holidays, home leave, marriage or funeral leave, maternity leave, family-plan leave and other holidays / leave with salary;iii) If Party B is appointed to work during his working day or holiday, Party A shall offer same period as holiday to Party B for rest, but no salary will be paid to Party B after that; if Party A cannot arrange same period as holiday to Party B, Party A shall pay salary to Party B according to what stipulated in article 44 of Labor Law.(3) Party A shall, according to the labor protection stipulations of the city and the State, provide Party B with labor protection facilities and working condition as stipulated by the state, and shall surely guarantee Party Bs safety and health while Party B carries out production and work. (4) According to relevant stipulation, Party A shall organize training to Party B for safety production, law education and operation schedule as well as training for other business. Party A implements the system of taking work post on strength of certificate; Party B shall participate the above-mentioned training and strictly follow the relevant safety law, regulation, system and operation schedule to his post. (5) Party B has the right to refuse the illegal order, and has the right to criticize and prosecute Party A and report the case to relevant authority when Party A and his managing staff disregard Party Bs safety and health. Article 6: Labor Discipline Both Party A and B shall strictly follow the laws and regulations of the State and the regulations and disciplines legally formulated by Party A and Party B shall strictly follow and obey Party As management and education. Party A has the right to examine, supervise, reward and punish Party Bs execution of the mentioned laws and regulations. Article 7: Change, cancellation, termination and renewal of this labor contract (1) In case the contract needs to be changed because the objective condition that Party A based on for entering into this contract has changed or because Party Bs personal reason, a written notice shall be sent to its counterpart. After unanimous agreement is reached, the relevant contents of this contract may be changed. When change labor contract, both parties shall enter into Change Agreement for Labor Contract.(2) Should any of the following occurs, the party that lives up to the condition may unilaterally change the relevant articles and clauses of this contract. i) The law and constitution that a party based on when signing this contract has change or been invalid;ii) iii) (3) After unanimous agreement is made between both Party A and B, this contract may be cancelled. (4) Party A may terminate the contract when any of the following occurs to Party B.i) Party B is found incompetent during the term of probation;ii) Party B shall be fired, removed from name roll or expelled because he terribly violate labor discipline or regulations legally formulated by Party A; iii) Party Bs terrible malpractice, embezzlement or leak of commercial secret cause serious loss to Party As profits;iv) Party B is legally prosecuted for criminal liability. (5) Should any of the following case occur, Party A may terminate the contract but a written notice shall be sent to Party B 30 days in advance. After that, Party A can terminate the contract:i) Great change has happened to the objective condition that this contract is based on, and the contract cannot be continued, and no agreement can be concluded with Party B after negotiation for change;ii) Party B is suffered from disease or injury not caused during work, but after treatment, he cannot go back to his original post and cannot carry out the work reappointed by Party A;iii) Party B is incompetent. After training or reappointing his post, he is still incompetent. (6) In case that Party A needs to reduce staff numbers and terminate the contract because Party A is on the edge of bankruptcy or his production and operation encounter serious trouble, Party A may execute according to the schedule stipulated by the city, province and the State on economically reducing staff number. (7) Should any of the following occur, Party A must not terminate the contract according to the mentioned clause (5) and (6)i) Party B is suffered from occupational disease or injured during work, and after medical treatment, Party B is confirmed lost working ability or partially lost of working ability;ii) Party B is suffered from disease or injury, and is still within the period of medical treatment;iii) Party B is a female and is within the period of pregnancy, delivery, lactation;iv) Other situations that comply with laws and regulations.(8) Party B may terminate the contract at any time when any of the following occurs:i) Within the term of probation;ii) Party A fails to pay salary and to offer working condition according to what stipulated in this contract;iii) Party A force Party B to work with illegal means such as torture, threatening or confinement of personal freedom. (9) Excluding the abovementioned clause (8), if Party B wants to terminate the contract, a written notice shall be submitted to Party A 30 days in advance. After thirty days, Party A shall set out to terminate the contract. In case Party A is suffered from economic loss as Party B terminate the contract according to the abovementioned clause, Party B shall compensate Party As economic loss as follows: i) ii) iii) (10) Should any of the following conditions occur, this contract may be terminated immediately (excluding the contract with fixed ter)i) The appointed commission in this contract has completed;ii) iii) ;iv) ;v) .(11) Unless otherwise stipulated in this contract, should any Party fails to inform his counterpart 30 days in advance or if it is less than 30 days when the party want to cancel or terminate the contract, economic loss shall be compensated to the partys counterpart for the less days according to Party Bs daily wage of previous month before the contract is cancelled or terminated. (12) After cancellation or termination of this contract, Party A shall complete the procedures for cancellation or termination of this contract within stipulated time. Article 8: Payment of economic loss (medical allowance) and living allowance (1) In case Party A terminate the contract according to clause (3) (5) (6) of article 7 of this contract, Party A shall pay economic allowance or medical allowance to Party B according to (LFB1994481) Economic Compensation Method for Violation and Termination of Labor Contract and according to relevant stipulation of the City. (2) In case Party B terminates the contract not because of Party As fault, Party A may not pay economic loss to Party B. (3) When the contract expires, if Party A does not want to renew the contract with Party B, Party A shall pay living allowance to Party B according to clause one, article 31 of Guangzhou Labor Contract Management Regulations.In case Party B does not want to renew the contract with Party A after Party A offers the labor remuneration and working condition not worse than the standard before termination of this contract, Party A may not pay living allowance to Party B. Article 9: Liability for violation of this contract(1) Should any of the following happens to Party A and B, they should bear the liability for violation:i) Party A violates this contract and unilaterally terminate the contract;ii) Party B randomly quit his post without approval of Party A;iii) Party B has the status of ii) iii) iv) of clause (4) of article 7;iv) ;v) ;vi) .(2) Both Parties agree to take the responsibility for violation of contract according to the means as follows:i) Violation penalty: should any Party violates the contract, the Party shall pay RMB Yuan as violation penalty;ii) Compensation money: in case that violati