Labour Contract.doc

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1、Labour ContractEmployer:_Legal Representative:_ Position:_ President:_ Address:_ Post code:_Employee:_ Name:_ Gender:_ Address:_ Nationality:_ ID Card No.:_ Date of Birth:_ Education Degree:_ This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in

2、 accordance with the Labour Law of Peoples Republic of China. 1.Term of the Contract: The term of this contract is for _ years and shall commence on _,_, and shall continue until _,_, unless earlier terminated pursuant to this Contract. The Employee shall undergo a probationary period of _months. 2.

3、Job Description: The Employer agrees to employ Mr./Ms._(name) as _(job title) in _Department, located in _(office location and city). 3. Remuneration of Labour a.The salary of the Employee shall bemonthly paid by the Employer in accordance with applicable laws and regulations of P.R.C. It shall be p

4、aid by legal tender and not less than the standard minimum salary in Tianjin. b. The salary of the Employee is RMB$_ per month in the probationary period and RMB$ _ after the probationary period. c. If the delay or default of salary takes place, the Employer shall pay the economic compensation excep

5、t the salary itself in accordance with the relevant laws and regulations. 4.Working Hours If such extension is called for due to special reasons, the extended hours shall not exceed three hours a day. However, the total extension in a month shall not exceed thirty-six hours. 5.Social Security The Em

6、ployee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special operations. c. The Employee should strictly abide by the rules of safe operation in the process of their work. 7.Labour Discipline a.The Employer may draft bylaws and labour

7、 disciplines of the Company, According to which, the Employer shall have the right to give rewards or take disciplinary actions to the Employee; b.The Employee shall comply with the management directions of the Employer and obey the bylaws and labour disciplines of the Employer. c.The Employee shall

8、 undertake the obligation to keep and not to disclose the trade secret for the Employer during the period of this Contract;This obligation of confidentiality shall survive the termination of this Contract for a period of two (2) years. 8.Termination, Modification, Renew and Discharge of the Contract

9、 a. The relevant clauses of the Contract may be modified by the parties: i.The specific clause is required to be modified by the parties through consultation; ii.Due to the force majeure, the Contract can not be executed; iii.The relevant laws and regulations have been modified or abolished by the t

10、ime of signing the Contract. b.The Contract may be automatically terminated: i. This Contract is not renewed at the expiration of this Contract; ii. The Employer is legally announced to be bankruptcy, dismissed, or canceled; iii.The death of the Employee occurs; iv.The force majeure takes place; v.T

11、he conditions of termination agreed in the Contract by the parties arise. c.The Contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procedure within 15 days to the expiration; d. The Contract may be discharged through consultation by the parties;

12、 e.The Contract may be discharged by the Employer with immediate effect and the Employee will not be compensated: i.The Employee does not meet the job requirements during the probationaryperiod; ii.The Employee seriously violates disciplines or bylaws of the Employer; iii.The Employee seriously negl

13、ects his duty, engages in malpractice for selfish ends and brings significant loss to the Employer; iv.The Employee is being punished by physical labour for its misfeasance v.The Employee is being charged with criminal offences: f.The Contract may be terminated by the Employer by giving notice in wr

14、itten form 30(thirty) days in advance: i.The Employee fails ill or is injured to (other than due to work) and after completion of medical treatment, is not able to perform his previous function or any other function the Employer assigns to him; ii.The Employee does not show satisfactory performance

15、and after training and adjusting measures is still not able to perform satisfactorily; iii.The circumstances have materially changed from the date this Contract was signed to the extent that it is impossible to execute the Contract provided, however, that the parties cannot reach an agreement to ame

16、nd the contract to reflect the changed circumstances. iv.The Employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, it is required to reduce the emplouee.(in legal procedure) g.The Employ

17、ee shall not be dismissed : i. The Contract has neither expired nor conformed to 8.d,8.e,8.f,8.g; ii.The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disabled by the Labour Authentication Commission in Baodi County, Tianjin. iii. The Emp

18、loyee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy; iv.The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or iii.The applicable PRC laws and

19、regulations otherwise prohibit the termination of this Contract. h.The Contract may be dicharged by the Employee by giving notice in written form 30(thirty) days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions: i.The Employe

20、e is still in the probationary period; ii.The Employer force the Employee to work by violence, duress or illegal restriction to physical freedom; iii. The Employer does not pay the remuneration of the Employee accordance with the relevant clause in the Contract; iv.The Employer violates the relevant

21、 regulations of State or Tianjin for its terrible safe and health condition, which is harmful to the Employees health. I.The Contract can not be terminated by the Employee before the expiration if not conforming to 8.d, 8.h, j. The Employer shall pay the economic compensation to the Employer if the

22、Contract is terminated conforming to 8.d,8.f,8.h.i-8.h.iv. Additional fee for medical allowance should be paid to the Employee if the Contract is terminated conforming to 8.f.i. 9.Breach Liabilities a. Due to either partys fault, if breaching the Contract, that party shall undertake the breach liabi

23、lity according to the extent to the performance of the Contract; if the parties both breach the Contract, they shall undertake its separate liability according to the concrete situation. b. Due to either partys fault, if breaching the Contract to damage the other party. The damage should be compensa

24、ted by the faulty party accordance with the relevant laws and regulations of PRC. c.Due to the force majeure, causing the non-performance or the damages to either party, the other party may not undertake the breach liability; c.The Employee wants to resign and has received training provided by the E

25、mployer, the Employee shall compensate for the training cost. The method of compensation should be fixed according to the relevant company regulations as follows: The Employee shall compensate RMB_ within _year(s) in the Company if the Contract is terminated by the Employee at his cause; The Employe

26、e shall compensate RMB_ within _year(s) in the Company if the Contract is terminated by the Employee at his cause; The Employee shall compensate RMB_ within _year(s) in the Company if the Contract is terminated by the Employee at his cause; 10.Labor Disputes Where a labor dispute between the parties

27、 takes place during the performance of this Contract, the parties concerned may seek for a settlement through consultation; or either party may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that par

28、ty may apply to the labor dispute arbitration committee for arbitration. Either party may also directly apply to the labor dispute arbitration committee for arbitration within 60 days starting from the date of the occurrence of a labor dispute. If one of the parties is not satisfied with the adjudic

29、ation of arbitration, the party may bring the case to a peoples court within 15 days of the da te of receiving the ruling of arbitration 11.The verification of this Contract shall be made in Baodi Labour Bureau, Tianjin within 30 days after being signed by the parties. Employer: (official stamp)_ Employee:_ Representative :_ Address:_ Address:_ Date:_ Its verified herein that the Contract conforms to the relevant laws and regulations through examination and review. Authority：_ Clerk：_