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1、Labor ContractDate:Labor Con tractParty A (Employer):Name:Registrati on Address:_ Legal Represe ntative: Econo mic Type:Party B (Employee):Name:竺 Sex:竺 Date of Birth:竺 Nationality:Household Register: * I.D. No.: *Contact Address之 Code: *WHEREAS, * (Party A) intends to engage * (Party B) as its an em
2、ployee under labor con tract system .In accorda nee with the Labor Con tract Law of the People's Republic of China and releva nt laws and regulati ons and the rules and regulati ons formulated by our Compa ny accordi ng to law, Party A and Party B con clude and en ter into this Con tract on the
3、basis of volun tari ness, equality and mutual con sultati on. Both parties shall jo in tly abide by the terms and con diti ons specified in the Con tract and un dertake to take the Con tract as a basis for both parties to solve disputes, if any.I. Durati on of Con tractThis is a fixed-term con tract
4、 which is valid from 己 to *.1. The probation period is from (date) to (date).2. Party A may dissolve the Con tract immediately in case Party B is proved duri ng the probatio nary period not satisfy the requireme nts of employme nt, provided that Party A pays the actual amount of wage payable to Part
5、y B for the curre nt mon th.3. Party A's requirements on recruitment of employees shall be subject to the contents specified in its recruitme nt in formati on, positi on descripti on (job resp on sibilities), employee manu al, rules and regulati ons, etc., and releva nt regulati ons of the State
6、 shall prevail, if any.4. In case that any party raises any objecti ons prior to expiry of the Con tract, the party may require n ot ren ewal of the Con tract, and the Con tract shall be termi nated upon its expiry.II. Post of Dutyy Job Resp on sibilities and Work ing Hour1. Based on the state of op
7、eration, Party A now appoints Party B to th吠 Department as a/an * (Grade: *) (post/ positi on). The in itial work place is in Shan ghai. See the position description for specific job content.In accorda ncewith the n eeds of operati on and Party B's capacity (in professi on, work and health) and
8、job performanee, Party A may adjust Party B's job post/ position or work place. Party B shall have authority to say his/her own opinions, n evertheless, Party B shall subject to the n eeds of operati on and the reas on able jobadjustme nt made by Party A.2. Party B shall, according to the job re
9、sponsibilities, complete corresponding tasks on schedule and with quality and qua ntity guara nteed.3. Party A adopts 40-hour per week working system. According to the operational characteristics of some positi ons. Party A may, after obta ining the approval of the Labor Adm ini stratio n Departme n
10、t, adopt flexible work ing hour system and the work system with in tegrative computati on of worki ng hours.III. Labor Protectio n and Worki ng Con diti ons1. Party A shall, in accordance with the regulations of the State, provide to Party B a good worki ng en vir onment and labor protectio n measur
11、es, establish and improve labor safety and hygie ne systems and execute the same closely.2. Party A shall, in accordance with the job Party B engaged in, provide necessary labor protectio n articles and offer health exam in ati on regularly for the labors who en gage in the jobs with occupati onal h
12、azards.IV Labor Remun erati on In sura nces and Welfare1. The amount of Party B's mon thly pretax in come is RMB *Yua n in clusive of various subsidies and allowa nces provided by the State and Shan ghai Muni cipal Gover nment. Party A may, whe n adopti ng new wage system or adjusti ng wage leve
13、l based on Party B' job performa nce or the market factors, adjust Party B's wage level in a reas on able way. Party A executes releva nt regulati ons of the State and the mun icipal gover nment on the mi nimum wages system; Party A adopts the system of adjustme nt of wages accordi ng to the
14、 posts.2. The pay day of Party A is the last work ing day of each mon th. Party A shall pay to Party B his/her labor rem un erati on in mon etary terms by the mon th and shall, through bank, tran sfer the payme nt directly to the Employee's acco unt. Once Party B finds that Party A has miscalcul
15、ated any of his/her labor remuneration for the curre nt mon th, Party B may, within thirty (30) days since the payme nt of the labor rem un eratio n of the curre nt mon th.3. Party A shall, pursuant to the regulations of the State, withhold and remit Party B's pers onal in come tax from Party B&
16、#39;s wage in come.4. Party A shall, pursuant to the regulations of the State and of Shanghai Municipal Gover nment, effect social in sura nce and hous ing fund for Party B, and as to the parts that should be paid by Party B, Party A shall withhold and remit them upon pay ing the wages on behalf of
17、Party B.5. The leaves, expenses and treatments entitled to Party B as a result of work-related in juries or sufferi ng of occupati onal diseases shall be executed in accorda nce with releva nt regulati ons of the State and of Shan ghai Muni cipal Gover nment.6. The medical treatment period, medical
18、expenses, sick leaves and other treatments en titled to Party B as a result of diseases or non-work related injuries shall be executed in accorda nce with the regulati ons of the State, of Shan ghai Mun icipal Gover nment and of Party A.7. Party B shall, within the durati on of the Con tract, be en
19、titled to all welfare andtreatme nts provided by the State and by Party A.8. Party B shall, within the durati on of the Con tract, be en titled to various leaves provided by the State, and the treatme nts duri ng vacati on shall be executed accord ing to releva nt regulati ons of the State and of th
20、e Shan ghai Mun icipal Gover nment.V Labor Discipli ne1. Party B must abide by laws, rules and regulations of the State and the employee manual and other rules and regulati ons formulated by Party A.2. Party A shall, pursuant to the rules and regulations of State and of Party A, have authority to ma
21、n age or impose rewards and puni shme nt on Party B. Party A may impose rewards or puni shme nt on Party B un til the Con tract is dissolved in case that he/she has violated any of the aforesaid rules and regulati ons; and Party A may, as per releva nt regulati ons, give corresp onding rewards to Pa
22、rty B, i n case that he/she has observe the aforesaid rules and regulati ons exemplarily.VI. Termin atio n and Dissoluti on of Con tract1. Upon expiratio n of this Con tract, provisi ons in Paragraph 4 of Article I of this Con tract shall be executed.2. In case any of the followi ng circumsta nces o
23、ccurs, the Con tract shall be term in ated: %1 Party A is declared ban krupt accord ing to law;%1 Party A has its bus in ess lice nse revoked, is ordered to close dow n or decides to dissolve ahead of schedule;%1 Party B has started recei ving basic old age in sura nee pension in accorda nee with th
24、e law;(4) Party B dies, or is declared dead or missing by a People's Court; or Other circumsta nces specified in laws or regulati ons.3. The Con tract may be dissolved in case that both parties here in have reached a consen sus.4. Party B may dissolve the Con tract by in formi ng Party A of his/
25、her intent of dissoluti on of the Con tract with a writte n no tice thirty days in adva nee. In case Party B is in the probati on period, he/she may dissolve the Con tract by in formi ng Party A of the dissoluti on three days in adva nee.5. In case any of the following circumstances occurs, Party B
26、may dissolve theCon tract at any time by in formi ng Party A.%1 Where Party A fails to provide labor protection and working conditions in accorda nee with the Labor Con tract;%1 Where Party A fails to pay labor remuneration in full and on schedule;%1 Where Party A fails to pay social in sura nee pre
27、miums for Party B accord ing to law;(4) Where Party A's rules and regulations violate laws and regulations, thereby9harming Party B s rights and interests; Where the Con tract is inv alidated due to the reas on of Party A; or Other circumsta nces as specified in laws or admi nistrative statutes
28、en able Party B to dissolve the Con tract.6. In case any of the following circumstances occurs, Party A may dissolve theCon tract by in formi ng Party B of the dissoluti on with a writte n no tice thirty days in adva nee, or one mon th's wage in lieu of no tice:%1 Where after the regulated perio
29、d of medical leave for an illness or non-work related injury expires, Party B is in capable of perform ing his/her origi nal work or is in capable of perform ing an appropriate new job as arran ged by Party A;%1 Where Party B is proved in compete nt and rema ins in compete nt after training or adjus
30、tme nt of his positi on; or%1 Where a major change in the objective circumstances relied upon at the time of con clusi on of the Labor Con tract hin ders con ti nued fulfillme nt of the orig inal con tract and, after con sultati ons, Party A and Party B are un able to reach a consen sus on ame nding
31、 the Labor Con tract.7. In case any of the following circumstances occurs, Party A may dissolve theCon tract at any time by in formi ng Party B of the dissoluti on:%1 Where Party B is proved during the probation period not to satisfy the requireme nts of employme nt;%1 Where Party B materially breac
32、hes Party A s rules and regulati ons;%1 Where Party B commits serious derelict ion of duty or practices graft or corrupti on, caus ing substa ntial econo mic damage to Party A;(4) Where Party B has additi on ally established a labor relati on ship with ano ther employer which materially affects the
33、completio n of his/her tasks at Party A or refuses to rectify the matter whe n brought to his/her atte nti on by Party A;%1 Where the Con tract is in validated due to the reas on of Party B; or%1 Where Party B has his/her crim in al liability inv estigated in accord ing to law.8. In case any of the
34、following circumstances to Party B, Party A may not dissolve the Con tract pursua nt to Paragraph 6 of this Article:%1 Where Party B is engaged in operations exposing his/her to occupational hazards and has not undergone a pre-departure occupational health check-up, or is suspected of hav ing suffer
35、ed an occupati onal disease and is being diag no sed or un der medical observati on;%1 Where Party B has bee n con firmed as hav ing lost or partially lost his capacity to work due to an occupati onal disease or a work-related injury;%1 Where Party B has suffered an ill ness or susta ined a non-work
36、 related injury, and the man datory medical treatme nt period has not expired;(4) Where Party B is a female employee and in her preg nan cy, delivery, postpartum, or lactati on period;%1 Where Party B has been working for Party A continuously for no less than fiftee n years and is less tha n five ye
37、ars away from his/her man datory retireme nt age;%1 Where Party B finds himselAherself in other circumstances stipulated in laws or adm ini strative regulati ons.9. Party A shall provide the econo mic compe nsatio ns for term in ati on or dissoluti on of the Labor Con tract accordi ng to releva nt r
38、egulatio ns of the State and of Sha nghai Muni cipal Gover nment on the scope and sta ndards of econo mic compe nsati on.VII. Modification of Labor Con tract1. Modificati on of the Labor Con tract means the behavior of the parties here in, after reach a consen sus, to ame nd, suppleme nt or abolish
39、the terms and con diti ons of the orig in al labor con tract.2. Whe n modify ing the Labor Con tract, both parties shall con clude and en ter into a written agreement for the modification.VIII. Confidentiality1. Party B shall have an obligati on to maintain the con fide ntiality of any of the propri
40、etary data and materials or any other bus in ess docume nts (here in after referred to as "'Bus in ess Secrets") that Party B deems as secrets or con fide nces. Party B shall not, without Party A's prior written consent, disclose or provide anyof Party A's Busin ess Secrets or
41、any of bus in ess secrets that Party A has promised a thirty party to keep them con fide ntial that Party B has known, con tacted or lear ned to any other party. Party A may have authority to decide at his own discreti on that all tech no logies and bus in ess data in cluded in the Bus in ess Secret
42、s shall also be deemed as Busin ess Secrets, in clud ing but not limited to meet ing conten ts, decisi ons, con siderati ons, bus in ess cha nn els, customer lists, finan cial tran sact ions, acco unt nu mbers, docume nts, files, letters, samples, software, etc.2. Party B un dertakes that he/she wil
43、l n ever use the Bus in ess Secrets or any of its part to any other purposes bey ond Party A's n eeds and requireme nts. In the eve nt of violati on of the promise or caus ing any econo mic losses to Party A, Party B shall bear corresp onding legal liabilities.3. Party A shall have authority to
44、require all the employees who are deemed as key employees by Party A to sig n a con fide ntiality agreeme nt.IX. Liabilities for Breach of Con tract1. Any of the two parties here in causes any econo mic losses to the other party due to violatio n of the Con tract shall make corresp onding compe nsat
45、io ns accordi ng to the subseque nces and the size of resp on sibilities.2. Where Party B has accepted any professional training (including abroad study) provided by Party A duri ng the con tract period, a particular service period agreeme nt shall be con cluded and en tered into by and betwee n bot
46、h parties here in to defi ne the rights, obligati ons and liabilities for breach of con tract.3. The particular agreement for specifying the special treatments mentioned above con cluded and en tered into by and betwee n both parties here in shall be take n as an appe ndix to the Con tract and be eq
47、ually authe ntic as the Con tract.X. Miscellaneous Matters Necessary to DefineXL Con ciliati on and Arbitrati on of Labor Disputes1. Where a dispute aris ing from the performa nee of the Con tract may be resolved by both parties herein through mutual consultations; in case the dispute is not resolve
48、d through consultations, any of the two parties may, within one year since the date when the dispute is occurred, apply for arbitration to the Labor Disputes Arbitration Committee at Party A's locality. The limitation period of the arbitration shall be computed from the date when the party conce
49、rned has know or should know the fact that his/her interests have been infringed.2. Where the party refuses to accept the arbitration award, the party may, within fifteen days since the receipt of the arbitral award, institute legal proceedings to the People5s Court at Party A's locality.XII. An
50、y matters not expressly stated herein shall be executed in accordance with the laws and regulations of the State and of Shanghai Municipal Government; in case there is no such regulati ons the parties here in may reach an agreeme nt as an appendix to the Contract; where any regulations violates rele
51、vant laws and regulati ons of the State or of Shan ghai Muni cipal Gover nment the laws and regulations of the State or of Shanghai Municipal Government shall prevail.XIII. The Contract has two originals which are equally authentic, with one of them respectively for Party A and Party B. The Contract
52、 comes into force upon affixing signatures and seals by both parties herein.Party A: *(Seal)*. (seal)Legal Representative orEntrusted Agent:(Signature)Signing Date: *Signing Place:*A (script)Party B:signature)(Signature)Signing Date: *Signing Place:*公司规章制度一、公司形象1、员工必须清楚地了解公司的经营范围和管理结构,并能向客户及外界正确地介绍公司 况。2、在接待公司内外人员的垂询、要求等任何场合,应注视对方,微笑应答,切不可冒犯 方。3 、 在任何场合应用语规范,语气温和,音量适中,严禁大声喧哗。4、遇有客人进入工作场地应礼貌劝阻,上班时间(包括午餐时间)办公室内应保证有人 待。动接按照5、接听电话应及时,一般铃响不应超过三声,如受话人不能接听,离之最近的职员应主 听,重要电话作好接听记录,严禁占用公司电话时间太长。6、员工在接听电话、洽谈业务、发送电子邮件及招待来宾时,必须时刻注重公司形象, 具体规定使用公司统一
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