The following is the Hangzhou labor contract that I have carefully compiled for you. Welcome to read it. For more information related to the Hangzhou Labor Contract, please pay attention to the contract template column! Hangzhou Labor Contract

Party A (employer)

Name:

Legal representative :

Address:

Economic type:

Party B (employee)

Name:

ID number :

Current address:

Contact number:

According to the "Labor Law of the People's Republic of China" and the "Labor Law of the People's Republic of China" This labor contract is concluded in accordance with the Contract Law and relevant national, provincial and other regulations, and in compliance with the principles of legality, fairness, equality of opportunity, consensus through consultation, and honesty and credibility.

1. Contract term

Article 1 Both parties A and B agree to determine the term of this contract for Party B according to the following _________ method:

(1) Fixed contract Period: From ___month___, 20___________ to ___month___, 20___________.

(2) No fixed period: from ___month___, 20___________ to the time when the legal termination conditions of this contract arise.

(3) The deadline is to complete the work tasks: from ___month___, 20___________ to the completion of the work tasks.

Article 2 Party A and Party B agree to determine the probation period in the following _________(the probation period is included in the contract period)

(1) No probation period.

(2) The probation period starts from ___month___, 20_________ and ends on ___month___, 20_________.

The probation period shall not exceed 6 months. Among them, if the contract period is more than 3 months and less than 1 year, the probation period shall not exceed 30 days; if the contract period is more than 1 year but less than 3 years, the probation period shall not exceed 60 days; if the contract period is more than 3 years or has no fixed period , the trial period shall not exceed 6 months.

2. Work location and work content

Article 3 Party B shall submit to Party A’s work arrangements and work in the _________town (district) of _________ City

Jobs in the _________ department of the community (village) factory (company, store).

Article 4 The work tasks and responsibilities of Party B are _________, and Party A and Party B shall specify them in accordance with the following item _________:

(1) The position that Party B works for does not belong to the state Prescribed jobs requiring safety, health and occupational special protection.

(2) The position where Party B works is a position that requires safety, health and occupational special protection stipulated by the state. This position may seriously damage Party B’s physical safety or health in terms of _________ .

Party A will provide safety, health and occupational disease protection knowledge training and provide corresponding protective measures in accordance with the relevant regulations on the protection of special positions and types of work.

Article 5 Party A has the right to permanently transfer Party B’s job (within 3 months) due to work needs, and Party B shall obey. If Party A needs to adjust Party B's job position or send Party B to work in another unit (more than 3 months), both parties should reach consensus and sign a supplementary agreement for confirmation, which will be an attachment to this contract.

3. Working hours, rest and vacations

Article 6. Party A and Party B agree to determine Party B’s normal working hours in accordance with the following _________ method:

(1 )Standard working hours work system, that is, working ________ hours a day, working ________ days a week, and having at least one day off per week.

(2) Unfixed working hours, that is, with the consent of the labor department, Party B’s position shall be based on the working hours of fulfilling work obligations, and there is no overtime in the sense.

(3) Comprehensive working hours calculation system, that is, Party A has approved the labor department, Party B’s position is calculated based on ________ (week/month/quarter/year), and the total working hours are calculated Comply with national regulations.

Article 7 When implementing the standard working hours system and the comprehensive calculated working hours system, due to production work needs, Party A may arrange for Party B to work overtime after consultation with the labor union of the unit or Party B. The total number of overtime hours complies with national regulations.

Article 8 Party A shall appropriately arrange for Party B to take paid holidays such as holiday leave, annual leave, marriage leave, maternity leave, nursing leave, bereavement leave, etc. in accordance with the relevant regulations on employee leave and other benefits of the province's enterprises every year.

4. Labor Remuneration

Article 9 Party A shall implement the minimum wage standards of Hangzhou City and issue Party B’s wages according to the following _________ method:

(1) Probation period salary: The probation period salary is _________ yuan/month.

(2) Hourly wages: The standard for job types is _________yuan/hour to calculate Party B’s monthly wages.

(3) Piece-rate wage: Party A shall formulate the piece-rate unit price system promulgated by the unit to determine Party B’s piece-rate wage and calculate and pay Party B’s monthly salary.

(4) Irregular salary or fixed salary: ________ yuan/month.

Article 10 Party A shall adjust Party B’s salary in a timely manner based on the unit’s operating conditions, salary allocation system, and group salary negotiation results.

Article 11 Party A shall pay _________ (current month/previous month) monetary wages as scheduled on _________ day of each month. In case of holidays or rest days, payment will be made in advance on the nearest working day.

5. Social insurance benefits

Article 12 During the contract period, Party A and Party B shall implement the regulations of the local social security department and participate in various social insurances in accordance with the law. Pay social insurance premiums separately.

Article 13 If Party B is sick or injured not due to work, and Party B dies due to illness or not due to work, he will receive corresponding social security benefits in accordance with regulations.

Article 14 If Party B is injured at work or dies on the job, Party A will provide work-related injury benefits or work-related death benefits in accordance with the social work-related injury insurance regulations.

6. Labor protection, working conditions and occupational injury protection

Article 15 Party A shall comply with relevant national labor protection regulations, including labor protection regulations for female employees and minor workers. standards and provide Party B with labor protection facilities and working conditions that comply with national regulations.

Article 16 Party A shall provide Party B with safety, hygiene, occupational disease protection knowledge, legal education, operating procedures training and other business and technical training in accordance with the national regulations of training first and employment later; Party B shall participate in the above-mentioned Train and must consciously abide by and implement Party A's safety and health operating procedures and occupational disease protection measures during production and work.

Article 17 Party A will provide Party B with necessary labor protection supplies, heatstroke prevention and cooling allowances and other allowances based on the type of work that Party B is engaged in and in accordance with relevant national regulations, and will arrange for Party B to carry out work for free on a regular basis in accordance with labor protection regulations. Physical examination.

Article 18 Party B has the right to refuse Party A’s illegal instructions and forced risky work, and has the right to request correction and report to the relevant departments if Party A and its management personnel neglect Party B’s safety and health. , accuse.

7. Labor Discipline

Article 19 Party A shall publicize and notify Party B of various management rules and regulations formulated in accordance with relevant national and provincial laws and regulations; Party B shall Consciously comply, comply with management, and actively do a good job.

Article 20 Party A has the right to review, supervise, inspect and reward and punish Party B’s performance of the system.

Article 21 If Party A provides special professional technical training to Party B, a training agreement shall be concluded as an attachment to this contract, specifying the service period and liquidated damages.

Article 22 If Party B controls Party A’s business secrets, Party B is responsible for keeping the trade secrets. Both parties shall sign a confidentiality agreement as an attachment to this contract and agree on the number of years and the restriction period of the non-competition restriction. The amount of monthly economic compensation, liquidated damages and other matters.

8. Change, rescission and termination of the labor contract

Article 23 If either party requests to change certain content of this contract, it shall notify the other party in writing. Both parties can change this contract and go through the procedures for signing a new labor contract after reaching consensus through consultation.

Article 24 If Party B leaves his job without authorization 15 days later or is absent from work for more than 30 days in a year, Party A may unilaterally terminate this contract immediately and be removed from the contract without paying financial compensation, and may investigate Party B’s disciplinary liability.

Article 25 This contract can be terminated upon agreement between Party A and Party B, and Party A will pay economic compensation in accordance with regulations.

Article 26 If any of the following circumstances occurs, the contracting party may terminate the labor contract:

(1) Party B does not meet the employment conditions during the probation period or Party B is unwilling to serve (notify and inform the reasons 3 days in advance);

(2) Party B has been sentenced, sent to reeducation through labor, and has committed serious crimes such as corruption, theft, gambling, fighting, forming a party for personal gain, strikes, sabotage, bad behavior, etc. Problems, or due to dereliction of duty that causes heavy losses to Party A and repeatedly violates labor disciplines and factory rules and regulations and does not change despite being taught, Party B is given the penalty of expulsion;

(3) Party B serves in the military, settles abroad, and studies abroad at his own expense; and those admitted to secondary vocational schools or above;

(4) Party A uses violence, threats, or illegally restricts Party B’s personal freedom, forces labor, humiliates personality, and damages Party B’s legitimate rights;

(5) Party A fails to pay Party B’s wages for more than 2 consecutive months;

(6) The relevant departments confirm that the labor safety and health conditions are poor and seriously endanger Party B’s health:

(7) Party A fails to perform the terms agreed in this contract or violates laws, regulations and rules, thereby infringing upon Party B's legitimate rights and interests;

(8) Other circumstances stipulated by laws and regulations.

If the contract is terminated according to items (1) to (2) of this article, Party A does not need to pay economic compensation to Party B. If the contract is terminated according to items (3) to (7) of this article, Party A must pay economic compensation to Party B, except that Party B must pay a one-time severance fee if he resigns and settles abroad. If this contract is terminated under the circumstances of Article (8), whether to pay economic compensation shall be determined in accordance with the provisions of laws and regulations.

Article 27 Under any of the following circumstances, the party terminating the labor contract shall notify the other party in writing 30 days in advance.

Party A dismisses: (1) Party B is ill or injured due to non-work-related medical treatment and has expired, and is unable to engage in the original job or other assigned work; (2) Party B is still able to work after training or adjusting the job position. Incompetent for the job; (3) Due to changes in production, operation and technical conditions, Party A is unable to adjust and arrange for Party B, or the employer is on the verge of bankruptcy and is undergoing legal reorganization and serious difficulties arise in production and operation conditions and requires layoffs. (4) Other laws, regulations and Party A’s unit rules and regulations allow Party A to terminate the labor contract in advance.

Party B’s resignation: (1) Party B wants to resign due to marriage or taking care of the family; (2) Party B is injured at work or suffers from an occupational disease and the medical treatment period has expired and he requests to resign; (3) Other laws , regulations and the rules and regulations formulated by Party A's unit in accordance with the law allow Party B to terminate the labor contract in advance.

If one party fails to notify the other party in writing 30 days in advance when terminating the contract, Party B shall pay the other party the standard of one month's normal salary for that year.

If Party A terminates this contract under the circumstances (1) to (3) of Party A’s dismissal in this article, Party A must pay economic compensation in accordance with regulations. Among them, those who are dismissed due to illness or non-work-related injuries should also pay medical subsidies in accordance with regulations. If Party B resigns and terminates this contract under the circumstances (1) to (2) of this article, Party A may not pay economic compensation, but (2) must pay work-related injury benefits in accordance with regulations. If this contract is terminated due to Party A's resignation (4) or Party B's resignation (3) in this article, the decision on whether to pay economic compensation shall be made in accordance with the provisions of laws, regulations and Party A's unit rules and regulations.

Article 28 If any of the following circumstances occurs (except for those who are fired, removed or dismissed due to serious violations of laws, disciplines, etc.), Party A shall not terminate this contract:

(1) Party B suffers from an occupational disease or is injured at work and is within the medical treatment period;

(2) Party B suffers from an occupational disease or is injured at work and has lost or partially lost his working ability as confirmed by the Labor Appraisal Committee, and does not request the termination of this contract;

(3) Party B is sick or injured not due to work and needs hospitalization within the prescribed medical period or even after the medical period expires;

(4) Female employees are during pregnancy, maternity leave or lactation period; (4) Party B is enjoying statutory holidays, various holidays and compensatory leave;

(5) Party B is currently The employer has worked continuously for 15 years and is less than 5 years away from the statutory retirement age;

(6) Other circumstances stipulated by laws and regulations.

Article 29 This contract will be terminated when one of the following legal termination conditions occurs:

(1) The term of this contract has expired, and the contract is not terminated under circumstances that cannot be terminated ;

(2) Party A is declared bankrupt, has its business license revoked, is ordered to close down, revokes, or decides to be dismissed early;

(3) Party B begins to enjoy basic pension insurance benefits in accordance with the law

(4) Party B has died, or been declared dead or missing by the People’s Court.

If the contract is terminated in item (3)(4) of this article, Party A does not need to pay economic compensation to Party B.

Article 30 Economic compensation shall be calculated based on the number of years Party B has worked in the unit, and one month’s salary will be paid for every full year. If it is more than 6 months but less than 1 year, it will be calculated as 1 year. If it is less than 6 months, it will be calculated as 1 year. Yes, half a month’s salary is paid.

If Party B’s monthly salary is three times higher than the average monthly salary of employees in this city in the previous year, the economic compensation shall be paid according to the limit of three times the average monthly salary of the company, and the maximum period of economic compensation shall not exceed 12 years.

Article 31 To definitely terminate or terminate this contract, Party A needs to issue a "Confirmation of Cancellation/Termination of Labor Contract" to Party B, and complete the work handover, cancellation or termination and financial payment within 15 days. Compensation and other procedures, Party A shall not unreasonably withhold Party B's wages, personal documents, and refuse to handle corresponding social insurance such as pension and unemployment benefits and Party B's file transfer procedures.

9. Liability for breach of contract

If one party breaches the contract and causes economic losses to the other party, it shall be liable for financial compensation according to its results:

(1) A Party B’s breach of contract: _________

(2) Party B’s breach of contract: _________

10. Mediation and Arbitration

Article 33 When both parties perform this contract If a dispute occurs, it should be resolved through negotiation first. If the negotiation is ineffective, you should first go to the local labor dispute mediation office to apply for mediation. If mediation fails, if one party requests arbitration, it should apply to the local labor dispute arbitration department for arbitration within 60 days from the date of the dispute.

11. Others

Article 34 Matters not covered in this contract shall be handled in accordance with relevant national, provincial and municipal regulations. During the contract period, if the terms of this contract conflict with relevant national, provincial or municipal labor laws, regulations and policies, the laws, regulations and policies will prevail.

Article 35: Party A and Party B shall each retain a copy of this contract and supervise each other's implementation.

Article 36 The following rules and regulations of Party A are attachments to this contract and have the same effect as this contract:

(1)_________

(2) _________

Article 37 Both parties agree (if not enough, you can add an attachment)

(1) Party A and Party B have no objection to the working hours system and labor remuneration standards agreed in this contract, and guarantee When this contract is terminated or terminated, the other party will no longer be held accountable for the monthly salary amount and overtime wage standards.

　(2)_________

　(3)_________

　(4)_________

　(5)_________

Party A (seal) _________ Party B (signature or seal) _________

Legal representative or authorized agent (signature) _________

20_______year___month__ _Day 20________year___month___day

Certification agency (seal)

Certification date: Labor contract signed on ___month___day _________year What should you pay attention to when recruiting you?

Pay attention to whether the employer's employment subject qualifications are legal

Just because the company that recruits you has an "office", you cannot think that it is true and you have legal employment qualifications. , and then signed a contract with it. The most important thing is that you must check whether it has a real business license. You can log on to the Industrial and Commercial Bureau website to check the relevant information of the unit.

The identity materials submitted by workers must be true.

It is not allowed to borrow other people’s identity documents; it is even more forbidden to forge academic degrees! Because the "Labor Contract Law" stipulates that fraud is prohibited If the other party concludes or changes a labor contract by using means that violates its true intention, the labor contract will be invalid and if damage is caused to the employer, the employee at fault shall be liable for compensation. ?

Don’t hand over your ID card, deposit, etc.

If this employer wants to collect your personal ID documents, property, etc., then the employer is most likely a leather company or a fake company. , after you hand over your documents or property, you will end up with nothing in life or money. Secondly, it is very likely that it is a company that does not understand the law or is unwilling to act in accordance with the law, and often harms the rights and interests of workers. If you join this company, you may also be The beginning of pain.

"Probation period" is not equal to "free use period"

Remember: the same unit and the same worker can only agree on one probation period. The length of the probation period is related to the length of the labor contract. The "Labor Contract Law" stipulates that if the labor contract term is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract term is more than one year but less than three years, the probation period shall not exceed two months; for fixed-term and non-fixed-term labor contracts of more than three years, the probation period shall not exceed six months.

The probation period is included in the term of the labor contract. If the employee's labor contract only stipulates a probation period, the probation period will not be established and this period will be the term of the labor contract. The salary during the probation period shall not be lower than the lowest wage for the same position in the employer or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard in the location of the employer. During the probation period, the employer shall pay various social insurances for the employees.

Write down the details of your work location and job position

Which city or county your unit arranges for you to work in should be stated in the contract. Do not write "a certain province", "China", etc. to prevent the unit from arbitrarily adjusting the work area, or even forcing the employee to resign voluntarily and evade the obligation to pay financial compensation.

Similarly, if the job title is HR director, write "HR director"; if the job title is sales manager, write "Sales manager"; if the job title is customer service staff, write "Customer service staff"; do not write "Engaged in management work",? Engage in service positions? etc. to prevent the unit from arbitrarily adjusting the job positions.

Wages and remuneration must be clearly discussed

Labor remuneration is an integral part of the contract. When signing a contract, don't be embarrassed to bargain. Once you trust the unit to pay wages according to regulations, you sign the contract. Once a labor dispute occurs, it will be quite disadvantageous for you when calculating your salary base.

Only by providing training can you agree on a service period

The service period is the period during which you promise to serve the employer because you accept the special treatment given by the employer. Only when the employer provides you with special training fees and professional technical training can it enter into a service period agreement with you.

If the labor contract period is shorter than the service period, the general labor contract is extended until the service period expires. If the two parties agree otherwise, the agreement shall be followed. If an employee violates the service period agreement, he shall pay liquidated damages to the employer as agreed. The amount of liquidated damages shall not exceed the training costs provided by the employer. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses to be shared for the unfulfilled portion of the service period.

There are many ways to restrict non-compete.

Non-compete is an employer's obligation to keep the employer's business secrets in the labor contract, intellectual property rights ownership agreement or technology confidentiality agreement. The non-competition clause stipulated in the labor contract means that within a certain period after the termination or rescission of the labor contract, the employee shall not work for an employer that produces similar products, operates similar businesses, or has other competitive relationships, nor shall he produce his own products in competition with the original unit. similar products or similar business operations.

Personnel subject to non-competition restrictions are limited to senior managers, senior technical personnel of the employer and other personnel with confidentiality obligations. The scope, territory, and duration of non-competition shall be agreed upon by the employer and the employee. The agreement on non-competition shall not violate the provisions of laws and regulations.

The non-compete period shall not exceed two years. The non-compete obligation is a contractual obligation, which requires the employer to pay economic compensation to the employee. Otherwise, the non-competition clause will have no legal effect on the employee. If an employee violates the non-compete agreement, he or she must pay liquidated damages to the employer in accordance with the agreement.

Take a look at the unit’s rules and regulations

Rules and regulations are the laws and regulations within the employer, and are the behavioral norms and standards that workers must abide by during the labor process. Many units will specify the specific circumstances of "serious violation of rules and regulations" in the labor contract. According to the "Labor Contract Law", if an employee seriously violates the employer's rules and regulations, the employer can terminate the labor contract without paying financial compensation. .

Therefore, if the contract provided by the unit stipulates that workers are aware of the unit’s rules and regulations, you must first understand the specific content of the system and do not listen to the unit’s verbal promises or answers. .

Don’t sign a blank contract

The employer requires or forces you to sign a blank labor contract. Do you sign it just for the sake of the job? This is irresponsible to yourself. !After a dispute occurs, it will be difficult for you to provide evidence to prove that you are unaware of or do not recognize the contents of the contract.

Sign a written labor contract

After you join the employer, you must promptly ask the employer to sign a written labor contract, and you must keep a copy. If the employer fails to sign a written labor contract with you for more than one month but less than one year from the date of employment, you may require the employer to pay twice the monthly salary for the period that should have been signed but not signed.

In addition, if the employer does not conclude a written labor contract with the employee for one year from the date of employment, it will be deemed that the employer and the employee have entered into an unlimited-term labor contract. What you should note is that signing a written labor contract is both your right and your obligation. If the employer has notified you in writing to sign a labor contract within one month from the date of employment, and you do not sign due to personal reasons, the employer can notify you to terminate the labor relationship without paying financial compensation.

Actively collect evidence of labor relations

If the employer fails to sign a labor contract with you within one month, it shall pay the employee twice the monthly salary according to law. Whether you report to the labor inspection department or file an arbitration with the labor dispute arbitration committee, you need to provide evidence to prove that there is a labor relationship with the employer. Then you can provide salary payment vouchers or records (employee salary payment roster), records of payment of various social insurance premiums; "work certificate", "service certificate" and other documents issued to you by the employer that can prove your identity; you filled in Recruitment records such as the employer's recruitment registration form and application form; attendance records; testimonies of other workers, etc. to prove the existence of the labor relationship between the two parties.

Learn to identify invalid contracts

According to Article 26 of the "Labor Contract Law", using fraud, coercion or taking advantage of others' danger to make the other party sign a contract against its true intention If there is a labor contract, the labor contract shall be invalid. If the employer exempts itself from legal responsibilities and excludes workers' rights, the labor contract will be invalid. Labor contracts that violate mandatory provisions of laws and administrative regulations, such as provisions on labor protection, working hours, basic rights of workers, special protection for women, etc., will be invalid.