劳动合同英语版

Full time Labor Contract with Suzhou Industrial Park Party A Employer Name Address Business Registration Private Legal Representative Type or Responsible Person Contact Number HR Contact Number Party B Employee Name Gender Date of Birth Education Level Registered Domicile Residence Address ID Card Number Provident Fund Employment Social Security Registration Number Certificate Number Contact Number According to Law of the People s Republic of China on Employment Contracts and and relevant policies both parties willingly establish the employment relationship through negotiation based on equality and free will and sign the following agreement binding upon both parties Article 1 Validity Term of Contract Party A and Party B agree to determine the duration of the Labor Contract according to the following A choose A B or C A This agreement is an employment contract with fixed term from to including a probation from the date of to the date of B This agreement is an employment contract with uncertain term from the date of to the date of including a probation from the date of to the date of C Completed job task is the duration of the labor contract from the date of to the date of Article 2 Description of Work and Work Site 1 Party B s Work Site is Beijing 2 According to Party A s requirements Party B shall engage in work as the Manager after negotiation Party A may change the Party B s position according to law or after negotiating with Party B in accordance with the work needs and assessment results of Party B s performance following the principle of reasonable good faith 3 Party A shall arrange Party B s work and requirements which shall comply with the labor standards of national laws and regulations and the rules and regulations formulated by Party A Party B shall perform its labor obligations in accordance with the work contents and requirements arranged by Party A and complete the prescribed work on time at higher level Article 3 Working Hours and Holidays 1 Party A and Party B agree to implement the article A choose A B or C A Party B is to work under the full time standard working time system Party A may require Party B to work for no more than 8 hours every day and for no more than 40 hours every week In addition Party A shall guarantee that Party B shall have at least one day off each week B Implementation of a comprehensive calculation of working hours in accordance with the matters and contents approved by the Labor and Social Security Bureau of the Suzhou Industrial Park C Approved by the Labor and Social Security Bureau of Suzhou Industrial Park the system of irregular work is implemented and Party B will arrange working hours rest and vacation according to the needs of the work to ensure the completion of work tasks 2 Party A shall strictly abide by the statutory working hours and ensure Party B s rest and physical and mental health If necessary for work Party A may on the basis of negotiation with labor union and Party B extend arty B s working hours for no more than one hour every day generally where it is necessary to exten working hours under special circumstances such extension of working hours may not exceed three hours every day on the premise of being no harmful to Party B s health and no more than a total of 36 hours every month 3 Party A shall provide Party B with statutory holiday annual leave marriage leave bereavement leave maternity leave and nursing leave etc in accordance with relevant regulations The specific measures shall be decided by the relevant regulations of the state or through consultation between the two parties Article 4 Labor Protection Working Conditions and Prevention against Occupational Hazard 1 Party A shall perform the obligation of truthfully communicating to Party B if the positions that may cause occupational hazards and Party A shall conduct labor safety and hygiene education prevent accidents and reduce occupational hazards 2 Party A shall provide Party B with labor safety and hygiene conditions and necessary articles in conformity with the relevant laws and regulations If Party B is engaged in the work of occupational hazards Party A should keep regular health checks for Party B and arrange Party B to have occupational health examination before leaving 3 Party B must strictly abide by safety operating rules during the labor process The Party B shall have the right to refuse to carry out any instructions against rules and regulations or compel Party B to work at risk by management personnel 4 Party A shall provide protection to Party B in accordance with the State s special protection regulations for female employees and underage workers Article 5 Remuneration Party A shall pay Party B s wages at least once a month in currency Party B shall work normally during the legal working hours and the wages of Party B paid by Party A must not be lower than the local lowest wage 1 Party A shall pay the wage on the 15 day every month Wages are paid in the form of cash commissioned by the bank During the probation period Party B s salary is RMB monthly 2 The salary standard of Party B shall be determined by the following B method choose A B C or D A Party B shall implement a monthly salary system which is per month and the specific measures are implemented in accordance with relevant regulations formulated by Party A according to law B Party B shall implement a wage distribution method combining basic salary and performance related pay Party B s basic salary is yuan per month after tax The monthly prepaid salary for the annual salary system is yuan The performance pay evaluation method shall be implemented in accordance with the relevant regulations formulated by Party A according to law C Party B shall implement the piece rate wage system and the labor quota management shall be executed in accordance with relevant regulations formulated by Party A according to law and the quota is yuan D Party B shall implement other forms of wage distribution Party A shall reasonably increase the salary of Party B based on the economic growth of the 3 unit the salary guidance price issued by the Suzhou Industrial Park the average wage level of the employees in the region and the industry etc and through the collective consultation on salary and the revision of the labor remuneration rules and regulations If Party A arranges Party B to extend working hours or work overtime on rest days and 4 statutory holidays Party A shall arrange Party B to make up for the holidays or pay corresponding overtime pay according to law The salary of Party B s overtime work shall be calculated based on the Salary is yuan 5 Collective contract or rules and regulations agreed by both parties through negotiation Party B shall enjoy salary during paid vacation 6 Article 6 Social Insurance and Welfare 1 Both parties shall participate in the park s provident fund in accordance with the law and the part that should be paid by Party B according to law shall be withheld by Party A from Party B s salary 2 Party A shall pay the park fund for Party B according to the plan provident fund system 3 If Party B has an accident at work Party A shall be responsible for timely treatment or provide possible assistance and submit an application for labor injury certification to the labor and social security department within a specified time so as to perform labor capacity appraisal for Party B in accordance with the law and fulfil the necessary obligations to enjoy medical treatment for work related injuries 4 If Party B is suffering from illness or is being injured irrelevant to his job Party A shall provide medical treatment period and medical treatment according to national and local regulations reimburse medical expenses according to medical insurance and related regulations and pay sick leave or sickness relief fees during prescribed medical period Article 7 The Alteration Dissolution and Termination of the Contract 1 In the event that either party requests to alter the Contract it shall notify the other party in writing If Party A changes its name legal representative principal responsible person or investor the performance of this contract thereof shall not be affected In the event of the merger or division of Party A the contract shall continue to be valid and continue to be performed by the entity that has inherited the rights and obligations of Party A 2 Dissolution i The two parties hereto may dissolute this Contract by reaching mutual consent If Party A proposes to rescind the contract it shall pay economic compensation as required ii Party A may terminate this contract under any of the following circumstances a During the probation period Party B is proved to be unqualified for employment b Party B severely violates Party A s regulations c When Party B is seriously malfeasant and engages in malpractice for selfish ends and the Party A suffers great damages because of the Party B s the above deeds d Party B has established labor relations with other employers at the same time which has serious impact on the completion of Party A s work tasks or or refuse to make corrections after being submitted by Party A e Party B forces the Party A to conclude or alter the employment contract against the employer s true will by means of deception coercion or taking advantage of the employer s difficulties f Party B was investigated for criminal responsibility according to law g Even after the regulated recovery period due to illness or non work related injury Party B cannot continue work in his original position nor in other positions arranged by Party A h Party B is not competent for his or her work and still can not be competent for work after being trained or change of working posts i The circumstances based on which the contract is signed are changed so much so that the contract can t be carried out and both parties wont reach any agreement upon modifying the contract After negotiation the parties could not reach an agreement to change this contract If Party A terminates the contract in accordance with Items g h and i it shall notify Party B or pay Party B an additional monthly salary 30 days in written in advance and shall pay Party B s financial compensation in accordance with the provisions in accordance with item g to terminate this contract and comply with The relevant regulations also need to pay medical treatment allowance to Party B iii In case of any of the following circumstances Party A may after fulfilling the prescribed procedures be able to cut the personnel and pay the economic compensation in accordance with the provisions a Party A can reorganize in accordance with the Enterprise Bankruptcy Law b Party A faces serious difficulties in production and business operation c Party A has changed products made significant technological renovation or adjusted the form of business operation d The objective economic circumstance on which the labor contract is based has altered significantly which causes the labor contract can not be performed any more IV If Party B wants to terminate the contract in advance it shall notify Party A in written form 30 days in advance During the probation period Party A shall be notified 3 days in advance The Party B may terminate the Contract for any one of the following reasons and Party A should pay economic compensation in accordance with the regulations a Party A fails to provide labor protection or working conditions to Party B in accordance with this Contract b Party A fails to pay the full amount of remunerations in a timely manner c Party A fails to pay the park accumulation fund social insurance charges for Party B according to law d The rules and regulations of Party A violate the laws and regulations and damage the rights and interests of Party B e Party B forces the Party A to conclude or alter the employment contract against the employer s true will by means of deception coercion or taking advantage of the employer s difficulties f Party A exempts itself from its legal responsibility excludes Party B s rights and causes this contract to be invalid g If Party A violates the mandatory provisions of the laws and administrative regulations the contract shall be invalid h Party A forces Party B to work by means of force threat or illegal restriction of personal freedom or illegally directing or ordering any worker to conduct dangerous operations that may imperil the worker s personal safety i Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be discharged If Party A has the above situation of Item 8 the labor contract can be terminated immediately no need to inform employers in advance v In any of the following circumstances Party A shall not terminate the contract in accordance with Article 40 and Article 41 in the Labor Contract Law a Party B did not perform occupational health check before leaving the job after engaging in occupational hazards or the occupational disease patient during diagnosis or medical observation b Party B suffers occupational diseases or work related injuries in the unit and is confirmed to have lost or partially lost its ability to work c Party B is in the medical treatment period because of illness or non work injuries d Any female employee in her pregnancy confinement or nursing period e Party B has worked continuously for 15 years in this unit and is less than 5 years from the statutory retirement age f Any other circumstance as prescribed by any law or administrative regulation 3 Termination i This Contract is to be concluded once after the contract expires or a statutory termination condition occurs ii This contract was terminated due to one of the following circumstances Party A shall pay economic compensation to Party B in accordance with the provisions a Except when Party A maintains or enhances the terms of the labor contract and renews the labor contract Party B does not agree to renew the labor contract but the labor contract expires b Except when Party A maintains or enhances the terms of the labor contract and renews the labor contract Party B does not agree to renew the labor contract but the labor contract expires c Party A was declared bankrupt by the people s court d Party A is revoked of business license thereof or is ordered to close down or is discharged or it determines to go to liquidation before the schedule e Any other circumstance as prescribed by any law or administrative regulation iii Party B has one of the conditions for the item 7 II e if the contract expires Party A shall continue the contract of Party B until the corresponding situation disappears However in accordance with the provisions of the state and provincial regulations on work related injury insurance terminate the labor contract in which the Party B has suffered occupational disease or injury relating to its job and has been confirmed as lost or partially lost his capacity to work during Party B s employment with the Party A 4 If Party A illegally terminates or terminates this contract and Party B requests to continue to perform this contract Party A shall continue to perform If Party B does not require the continued performance of this contract or the performance of this contract cannot be continued Party A shall pay Party B s compensation twice as much as the stipulated economic compensation standard 5 Termination and termination procedure of the contract Party A shall give party B proof of contract termination or contract break and do the file and social security transfer within 15 days Article 8 Negotiation Terms After mutual agreement between Party A and Party B the agreed terms are as follows 1 If Party B s work involves Party A s trade secrets and confidentiality issues related to intellectual property rights Party A may negotiate with Party B in advance to agree on matters concerning the protection of trade secrets or business restrictions and sign a conservative trade secret agreement or a legal industry restriction agreement 2 If Party A wants to provide Party B with professional technical training and request Party B to perform the service period the consent of Party B shall be obtained in advance and an agreement shall be signed to clarify the rights and obligations of both parties 3 Other matters that need to be agreed between Party A and B See Job Targets Responsibility Agreement Article 9 Settlement of Labor Dispute 1 The contract that has been concluded according to law which is legally binding Both parties shall fully perform their duties and strictly legally enforce the provisions of the change dissolution termination renewal and payment of economic compensation of labor contracts 2 The labor dispute between Party A and Party B due to the performance of this contract can be resolved through negotiation If the parties are unwilling to go for negotiations or negotiations fail the case may be referred to the labor dispute mediation committee of the enterprise in which the dispute has occurred or consultation or mediation fails they may apply to an arbitration institute for arbitration in accordance with the agreement reached between them or they may apply to an arbitration institute directly for arbitration in accordance with the agreement reached between them The party that requests arbitration shall file a written application with a l