聘雇契约书(翻译社英文修正版).doc

聘 僱 契 約 書Employment Contract千附實業股份有限公司(以下簡稱甲方)立契約人 (以下簡稱乙方)，今乙方受聘於甲方，雙方同意約定訂條款如下:This agreement is made and entered into this day of , 2007 by and between Chenfull International Co., Ltd. and _ (hereinafter referred to as “Party B”), who accepts the employment of Party A from now on (hereinafter referred to as “Party A”). Both parties agree as follows:一 聘用: Terms of Employment: 乙方同意自_ _年 月_ _日起受聘於甲方，擔任_部門_(工作職稱)之職務。 Party B agrees to accept the employment of Party A as a _ (work professional title) in the department of _ from . 二 任用、調遷及培訓: 1. 乙方同意遵守甲方工作規則、內部規章、相關法令及本契約書之規定。內部規章中優於勞基法的部分，乙方同意甲方得依經營需要單方調整之。但變更之內容不得違反法令及本契約(連 同附件）之規定。Party B agrees to comply with Party As job rules and regulations, internal rules, related laws and regulations of this contract. Internal rules and regulations prevail over the provisions of Labor Standard Law. Party B agrees that Party A may unilaterally adjust such rules and regulation as required for operation. However, no change in contents thereof may violate the laws, regulations, and this contract (including its attachment). 2. 乙方同意為配合甲方業務、政策或其他需要，得由甲方安排轉換職務、工作地點或改由甲方關係企業聘任，在乙方能力所及且未造成乙方之極大不便時，乙方均無異議，但應給予乙方陳述意見之機會，且除雙方另有約定外，本契約繼續有效。Party B agrees that Party A may arrange transit of job, relocation, and employment at its affiliate if business, policy or otherwise requires so, to the extent that Party B is capable and such arrangement does not make Party B significant inconvenience. Party B shall not raise objection in this regard, however, proper opportunity to state his/her opinion should be given. Unless otherwise agreed by both parties, this contract shall remain effective. 3. 乙方在職期間，甲方將給予必要之職務歷練與訓練，甲方如指定乙方參與國、 內外之研修訓練，乙方願配合簽署訓練承諾書等相關書面文件，並遵守甲方員工訓練辦法 中較本契約嚴格之相關規定。During the employment period of Party B, Party A will give necessary job practice and training. If Party A assign Party B to participate in domestic or foreign training program, Party B is willing to sign such relative documents as training warranty etc. and obey the provisions in Party A employee training rules that are more strict than provisions thereof. 三 作息時間及休假: Work Schedule and Vacation:1. 乙方同意甲方所安排之工作並願配合公司作息時間。Party B agrees with Party A to cooperate with companys arranged work schedule. 2. 乙方工作時間為08:3017:30（每天工作八小時）。每週工作五天，週六、日休假。Party Bs work schedule is 08:3017:30(8 hours of work daily). Five working days a week. Rest day on Saturday and Sundays. 3. 若因工作時間特殊致工作時間與先前所說不同時，可在徵得乙方同意下，予以調整之。Working time that is different from previously agreed for special condition may be adjusted with consent of Party B. 4. 甲方同意乙方依甲方所訂人事管理規章之規定申請各種假別。Party A agrees that Party B may apply for various leave according to personnel management rules established by Party A. 四 薪資: Salary:1. 乙方之薪資將依95年8月1日留用通知書所載;往後之薪資調整依甲方之薪資制度與政策為之。Salary of Party B will be stated in the retaining notice on August 1, 2006. Hereafter, changes and adjustments to salary will be made according to Party A salary system and policy.2. 甲方每月一次透過指定銀行儲金之方式發放薪資予乙方，若特殊情況甲方得在不影響乙方權益下做適當修正。Party A will pay salary to Party B at a lump sum per moth by deposit such sum in the designated bank account. The payment method may be properly adjusted in so far as interest and right of Party A is not affected. 3. 乙方若延長工作時數則依甲方之加班給付辦法給付之。If Party Bs normal working hours is extended Party A will pay the overtime. 五 褔利: Benefits:1. 乙方享有下列褔利事項 Party B will enjoy the following the benefits: 勞工保險Labor Insurance 健康保險Health Insurance 年節禮金Year Festival Cash Gift 年終獎金 Annual Bonus 退休金提撥 Retirement pay 其他(福委會辦理)Others(Benefits) 2. 乙方因遭受職業災害而致死亡、受傷、生病或殘廢時，甲方依勞工保險法規定補償乙方。If Party B has suffered calamity, disaster leading to death, injury, sickness and or disability due to work related, he/she will receive compensation from Party A according to labor insurance law. 六 保密及交易安全維護之義務 Responsibility to maintain the secrecy and deals :1. 乙方因工作或職務所知悉或持有甲方之營業祕密，乙方皆應負保密義務，對於甲方以契約承擔對於客戶之保密義務，亦同。乙方並應保證於簽訂本契約時，願恪遵甲方一切規章制度，如有違背、洩漏業務上機密、與同惡性競爭行為、利用職務上之機會及權限便利本人或他人圖利、侵佔或挪用公款及其他失職或侵權行為，致使公司蒙受損失時，乙方願負賠償責任。For business secrecy acquired or held due to his/her job or position, Party B has the responsibility to maintain their confidentiality. The same rule applies to the confidentiality obligation under contract made by Party A with its costumer. Party B shall guaranty that it shall obey all rules and systems of Party B. Party B is willing to assume the compensation liability for loss incurred by the company due to his/her violation or disclosure of business secrecy, competition in bad faith, undue gain, illegal holding or appropriation of company fund by himself of others by taking the chance of his/her job or official power, and other misconduct or tort. 2. 乙方明瞭本契約所稱之營業秘密，係指甲方或其關係企業所有或持有列為內部參考、限閱、機密或經以類似用語宣示或標示之一切商業、技術、生產或財務業務上，尚未為大眾所熟知之一切信函、計畫、契約、流程、名單等文件資料、產品及其他具有商業、財產或潛在經濟價值之物或權利，或甲方依契約或法令對他人負有保密責任之他人營業秘密。乙方於試用、受僱期間及離職後貳年內(含試用期間內停止試用及未獲錄用)，對於試用及受僱期間所知悉、接觸、創作、開發或持有之營業秘密，同意保持其機密性，除為甲方職務所需之正當使用外，非經甲方事前同意，不得洩漏、告知、交付或移轉予他人，或對外發表，或為自己或他人使用該營業秘密。Party B understands that business secret specified in this contract means all correspondence, plan, contract, procedure, name list, product, or other things or right that have commercial, proprietary of potential economic value in connection with business, technical, production, or financial information, which are marked or described as for internal reference, limited access, confidential, or similar wording, pertaining to Party A but not available to public, or business secrecy of other party for which Party A has the obligation of confidentiality under contract or law. Party B agree to keep confidentiality of business secrecy that is known, accessed, created, developed or held by it during its probation or employment period. Except for proper use as required for performance of its duties for Party A, Party B may not disclose, notify, deliver, or transfer to others or publish, or use for himself or for others such business secrecy. 3. 乙方願恪守甲方人事、薪資福利保密之規定，不探聽、洩漏自己或他人之人事、薪資或等級相關資料。乙方如就人事、薪資、福利或等級等方面有任何疑問或建議者，應以口頭或書面報告直屬部門主管循級提出。Party B is willing to scrupulously abide by the confidential provisions of Party A in connection with personnel, salary and benefit affairs. Party B will not seek, disclose his or others personnel, salary or rank information. If Party B has any question about his personnel, salary, benefit or rank, he shall submit his question to his immediate supervisor orally or in writing. 4. 乙方同意於在職期間內，不直接或間接為自己或他人或與他人共同從事與甲方營業利益相衝突之業務或兼職；且未經授權，不得將所管理、支配、使用之公司所有電腦軟體，私自重製、增刪修改以供他用。Party B agrees that during his/her employment period, he/she will not directly or indirect for oneself or some other person or joint with other, conduct or concurrently employed in the business that conflict with interest of Party A. Without authorization, Party B may not privately reproduce, add, or delete computer software of the company that is managed, controlled, used by him for use of other. 5. 乙方任職甲方公司期間時，應遵守國家法令，不得侵害他人諸如電腦軟體著作等之權益，若有違反，應視為乙方個人之行為，乙方除應自負民刑事法律責任外，並應賠償公司因此所受之損害。During the employment period at Party A, Party B should observe national laws and decrees, and should not violate the rights and interest of another person such as computer software copyright. If he violates this provision, such violation shall be deemed as his personal act. Besides civil and criminal responsibilities, Party B is also liable for compensation for the loss of the company caused thereby. 6. 乙方履行職務時，應嚴守廉潔品德規範，不得要求、收受不正當之利益；逾越社交禮儀之餽贈，應向甲方回報。對於不利於甲方經營管理之訊息，亦不得加以傳述。In performing his duties, Party B should observe the standard of incorruptible morals; should not demand, receive illegitimate benefit; and should report Party A if he receives gift beyond social intercourse ceremonies. Party B should not spread message that is unfavorable to the operation and management of Party A. 七 契約之生效、終止及附屬條件:Effectiveness, Termination and Subsidiary condition:1. 本契約自簽署日生效。於乙方辭職或甲方解僱時終止。This contract is effective on the day of sign, and is terminated when Party B resigns or Party discharges the employment.2. 乙方辭職時應依甲方之規定辦理離職手續:If Party B resigns, he should process the resignation procedures as provided by Party A:A. 離職預告天數依人事管理規章規定辦理，未於規定之預告期間提出辭職者，需賠償公司因其離職所造成之損失。Prior notice of resignation should be given at the days as provided by personnel regulation. One whose resignation is not submitted within the prior notice period is liable for loss of the company caused by his resignation. B. 為使交接工作能順利移交，離職者須提出詳盡之移交清冊、原工作之詳盡工作程序及工作重點。For the smooth handover of job, the resigning person should submit handover list, detailed procedures and key points of his jobs. C. 若未依公司離職程序辦理辭職而擅自離職者，甲方得視乙方為無故曠職而不發給當期薪資。倘因乙方之擅自離職而造成其它損失時甲方得請求乙方負責賠償損失。One who quit from the company without proper procedure of resignation shall be deemed by Party A as absent without due reason, and will not be paid his current salary. If unauthorized quit of Party B results in loss of Party A, Party A may claim compensation against Party B. 3. 其他事項：Others:A. 乙方應於離職前或於任職中經甲方提出要求時，將其在公司、家中或其他處所持有、保管、取得或存放之營業秘密，及不論是否屬於營業秘密之承辦業務往來所有信函、文件、卷宗，及其附著之任何媒介，連同影本及複製品，依甲方之指示交出或配合做其他處理。Before Party B quits or during his employment period, he shall, upon request of Party A, deliver or otherwise dispose of business secrecy and all correspondences, documents, archives, whether of business secret nature or not, and any media attached thereto, together with all copies and reproduced items thereof, that are held, kept, obtained, or deposited by him at the company, his residence, or other place, as directed by Party A. B. 乙方同意於受僱至完成職務移交並辦妥離職手續之期間，允許甲方開啟、觀看或以其他任何方式使用乙方之專屬或共用電腦、辦公桌椅、書櫃、抽屜、或其他私人或共用辦公區域內之一切物品及文件，甲方有權複製、取用，或為一切必要之處理。甲方得蒐集、處理、保存、傳送及利用乙方至於公司及資訊設備中之個人資料。Party B agrees that during the period from his employment to the completion of resignation and handover procedure, Party A is allowed to open, view, or use in any manner all things and documents and documents in his personal or public computer, office desk, cabinet, drawer, or other private or public office area, and Party A has the right to reproduce, use, or