Labor Contract

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1、Employment ContractPrinted by China International Talent Development CenterEmployment ContractParty A: China International Talent Development Center, Shanghai BranchParty As agent:Economic category:Legal Representative:Or Commission agent:Office address:E-mail:Party Bs name:Sex:Male FemaleAge: Born

2、on the _ Day of _ _ , Year _ _ Location of citizenship: Street_, County_, District_, City_ Province_Address:ID Card No. :Contact telephone:Marital status: Married Single The unit to be sent to:Chapter 1 GeneralsArticle 1 In accordance with such laws, regulations and rules as “Labor Law of PRC” and “

3、 Statute for Employment Contract of Shanghai” and based on the “Employment Contract for Recruitment of Chinese Employees” entered between Party A and _ through equitable negotiation, both parties enter into this voluntarily through equitable negotiation. Both parties will abide by the articles herea

4、fter. Article 2 The employer referred to herein is defined as: the overseas corporate (including the corporate of Taiwan, Hongkong and Macau district) or the resident offices established in Shanghai as per the laws of PRC and other domestic corporate. The “Contract for Recruitment of Chinese Employe

5、es” and its appendix is the contract entered between the employer and Party A on the employment of Chinese employees. Article 3 The Party B herein is the Chinese employee. Before being sending to the employer for working, Party B is willing to enter into this “Employment Contract” with Party A to de

6、fine the labor relationship. Party A is responsible for conducting the handover procedures of Party Bs personnel file. Party B shall be obey the arrangement and proactively cooperate Party A in providing the necessary material. Chapter 2 Term of Contact and PositionArticle 4 The term of this contrac

7、t is from the _ day of _, year _ to the _ day of _, year _. Thereinto, the probation period is 3 months, which is from the _ day of _, year _ to the _ day of _, year _. Article 5 Party B is the Chinese employee sent to the employer by Party A. Upon the official recruitment of the employer, Party B i

8、s arranged the position of _(type of work). Party B agrees to obey the arrangement and make great effort to the various tasks. Article 6 If the employer needs to change the position and tasks of Party B during the term of this contract, he/she shall get Party Bs consent and inform Party B in writing

9、. If Party B disagrees, he/she can resign. Party B shall inform the employer and Party A in writing 30 days in advance. Thereafter, both parties shall conduct the procedures for contract termination. Chapter 3 Labor protection and labor conditionsArticle 7 It is clearly defined in the “Employment Wo

10、rk Contract for the R Chinese Employee” entered between Party A and Party Bs employer that, the labor protection and labor conditions shall be provided by the employer for Party B. Article 8 Party Bs working time shall be implemented as per the relevant articles in “Employment Work Contract for the

11、R Chinese Employee”. Chapter 4 Guerdon, social assurance and benefitsArticle 9 Party Bs compensation salary payment shall be decided through the negotiation between Party B and its employer. It will be defined in the appendix to “Employment Work Contract for the R Chinese Employee”. If the salary is

12、 paid by the employer to Party A, Party A will pay it to Party B before the 6th of each month and withhold the IIT; if the salary is paid by the employer to Party B directly, it will be agreed by the employer and Party B. If the employer fails to pay the salary for the current month, Party B shall i

13、nform Party A to push for it during the current month. If Party B incurs any losses in salary since Party B fails to inform Party A in time, Party A will not be liable for it. Article 10 If the employer arranges overtime of Party B, the overtime payment shall be implemented as per “Employment Work C

14、ontract for the R Chinese Employee”. Article 11 Medical safeguard (the applied mode is indicated with “”)( ) 11.1 Party B enjoys the medical assurance. Party B shall bear _% of Party Bs medical expenses and Party B shall bear _% of the medical expenses. For detailed scope and method of reimbursement

15、, please refer to “Notes for Employees Medical Expense Reimbursement”. ( ) 11.2 Party B will bear the medical expenses by itself. Article 12 Other benefits (the applied benefit is indicated with “”)( ) 12.1 Party A bears the personal accidental liabilities with the amount of RMB_ Yuan. ( ) 12.2 Part

16、y A keeps the personal file for Party B, or Party A shall bear the annual fee of 240 Yuan which is used by Party A to authorize other institution for the personal file keeping. Party A shall also provide the following services:12.2.1 Transact personal emigrant procedures for the Party B 12.2.2 Provi

17、de the relevant certificates for Party Bs application of visa and border passport 12.2.3 Facilitate for Party Bs declaration and assessment of professional title is Party B is qualified. ( ) 12.3 Party B can attend the birthday party, holiday party and various entertainment activities organized by P

18、arty A. Article 13 The expenses for various social assurance and benefits enjoyed by Party B shall be borne by the employer. It is agreed in the appendix to “Employment Contract for Recruitment of Chinese Employees” and Party B shall implement it as per the terms.Article 14 When both parties termina

19、te the employment contract, Party A shall be responsible for the change procedures for Party Bs social assurance relations. Chapter 5 Labor rulesArticle 15 Party B shall abide by the state laws, regulations and keep the state confidentialities. Party B shall not have actions that harm the state bene

20、fits and personality. Article 16 Party B shall abide by the employers various policies and rules (which is open to both parties and does not violate the state laws and regulations). Party B shall obey Party As management, safeguard Party As legal rights and keep Party As commercial secrets. Article

21、17 Party B shall abide by Party As management policies, keep Party As commercial secrets and actively attend the relevant activities organized by Party A. Chapter 6 The modification, unchain and termination of the contractArticle 18 During the term of this contract, if either of the following situat

22、ion occurs, both parties agree to amend this contact: 1. When there are some changes in the state laws and regulations that are the basis of this contract, the relevant content of this contract shall be modified accordingly. 2. When there are major changes in the external situation that are the basi

23、s of this contract, which impacts the execution of this contract, the relevant content of this contract may be amended upon both parties consent. 3. When there are some changes in either partys situation, which impacts the execution of this contract, the relevant content of this contract may be amen

24、ded. Article 19 When Party B has either of the following situation, Party A may unchain this contract at any time:1. Party B is proved to be unqualified during the employers probation period. 2. Party B seriously violates the labor rules, or violates the Employers and Party As policies and rules (wh

25、ich are all open to Party B). 3. Party B fails to return at the due date after the overseas study, overseas settlement or leaving the country for personal reason. 4. Party B seriously breaches his duties; acts jobbery; is disobedient to the management, which makes great impact to the employers or Pa

26、rty As benefits. 5. Party B violates the state laws and regulations, which makes Party B be pursued by criminal liabilities. Or, the Employment Contract can be unchained as per the relevant laws, regulations and policies. Article 20 This contract can be unchained upon both parties consent. Article 2

27、1 When there is either of the following situation, Party A may unchain the “Employment Contract”, but it shall inform Party B 30 days in advance and conduct the relevant procedures. 1. Party B is ill or incurs work-related injury, and it cannot perform the original job, nor can it perform the other

28、job arranged by the employer after the expiry of the medical treatment period. Or, Party B does not meet the regulations of state and Shanghai for such industry or job, so that the employer cannot arrange other jobs. 2. Party B is unqualified for the job and still can not be qualified after training

29、 or position adjustment. 3. Party B violates Article 15, 16 and 17 herein. 4. When there are major changes in the external situation which are the basis for this contract, so that the original contract cannot been executed. The agreement cannot been entered with Party B for the modification of emplo

30、yment contract (including the employers important business adjustment and position setting happening change).Article 22 Party B is approved to be partially or totally deprived labor capabilities by the Labor Assessment Committee of city, district or county level after the expiry of medical treatment

31、 period for the professional disease or work-related injury. It shall be conducted as per the relevant state regulations, and the Employment Contract cannot been terminated as per Article 21 herein. However, if Party B has the situation of sub-article 1,2,3,4,5 of Article 19, Party A may still termi

32、nate the Employment Contract. Article 23 If Party B needs to terminate this contract, it shall inform Party A and the employer in writing 30 days in advance. If the economic losses incurred by the employer or Party A due to Party B has not been treated, or Party B fails to bear the liquidated damage

33、s, this contract cannot been terminated. Article 24 When there is either of the following situation, Party B may inform Party A to terminate this contract at any time:1. When Party B is still in probation period 2. Party A or the employer forces Party B to work with violence, threat, lockup or other

34、 methods of illegal limitation of personal freedom3. Party A or the employer fails to pay the compensation or provide the labor conditions to Party B as per this contract. Article 25 When there is either of the following situation, this contract is terminated automatically and it is not necessary fo

35、r Party A to pay any reimbursement or penalty to Party B. 1. When the term of this contract expires 2. Party B is filed by the employer 3. When the following conditions for termination as agreed herein occur:1) Party B fails to contact Party A within 30 days after the last day confirmed by the emplo

36、yer. 2) Party A terminates cooperation relationship with the employer.4. When Party B is at the age of retirement.5. Party B disappears, or is announced to be disappeared or dead by the Peoples Court. 6. The employer is revoked, logout or dismissed.Chapter 7 The economic compensation for violation o

37、f the contractArticle 26 If Party B incurs losses due to Party A or the employers violation of this contract and “Employment Contract for Recruitment of Chinese Employees”, it shall compensate for Party Bs losses as per the “Compensation Method for the violation of Labor Law” issued by the Ministry

38、of Labor. The standard of compensation shall be executed as per the relevant regulations of the state and Shanghai. Article 27 If Party B shall get the economic compensation as per the law after it is filed by the employer, Party A may assist Party B in pursuing for the economic compensation from th

39、e employer. The standard of compensation shall be executed as per the relevant terms in “Employment Contract for Recruitment of Chinese Employees”. Article 28 If Party B is ill or incurs work-related injury and cannot perform the original job as confirmed by the Labor Assessment Committee, nor can P

40、arty B perform the other job arranged by the employer, so that the contract is terminated and Party B shall enjoy the medical compensation as per the law. Party A may assist Party B in pursuing for the economic compensation from the employer. (To be executed as per the relevant terms in “Employment

41、Contract for Recruitment of Chinese Employees”). Article 29 If Party B uses fraud method to provide untrue material when signed this contract, which it is invalid. If Party A incurs losses arising from the invalid contact due to Party B, Party B shall compensate for Party As economic losses. If Part

42、y B entered into employment contract with or establish material labor relationship with other unit, the economic compensation liabilities arising from which shall be borne by Party B. Article 30 If Party B terminates this contract by violating the terms agreed herein, which incurs losses to Party A

43、or the employer, Party B shall compensate for Party A or the employers losses as per “Compensation Method for the violation of Labor Law”.Chapter 8 The settlement for labor disputes and othersArticle 31 When both parties have disputes for the contract execution, both parties may solve it through neg

44、otiation, if it cannot been solved through negotiation, they can apply for arbitration to the Labor Dispute Arbitration Committee at Party As location. Article 32 As to the matters uncovered herein, if there is some state regulations, it shall be executed as per the state regulations; if there is no

45、 state regulations, both parties shall solve through negotiation or agree the matter with appendix hereto. Article 33 This contract is in two copies. Both parties hold one, which has the same legal efficacy. Article 34 The other terms agreed by both parties:1.2.3.Article 35 This contract comes into

46、effectiveness from the date of both parties execution.Party A (seal): Legal representative:Or the commission agent (signature):Date of signature: The _ day of _, year_ Party B (signature):Date of signature: The _day of_, year _Renewal record for Employment Contract (1):As agreed by both parties, thi

47、s contract will be renewed for the term of one year, i.e. from the _ day of _, year _ to the _ day of _, year _. Party A (seal): Legal representative:Or the commission agent (signature):Date of signature: The _ day of_, year _Party B (signature):Date of signature: The _ day of_, year _Renewal record

48、 for Employment Contract (2):As agreed by both parties, this contract will be renewed for the term of one year, i.e. from the _ day of _, year _ to the _ day of _, year _. Party A (seal): Legal representative:Or the commission agent (signature):Date of signature: The _ day of_, year _Party B (signature):Date of signature: The _ day of_, year _