广东省劳动合同英文版

《广东省劳动合同英文版》由会员分享，可在线阅读，更多相关《广东省劳动合同英文版（11页珍藏版）》请在装配图网上搜索。

1、Number:Guangdong Province LABOR CONTRACTDepartment of labor and social security of Guangdong ProvinceLabor and Social Security Hotline: 12333In structi onsArticle 1 Before sig ning this con tract, the two parties shall read this con tractcarefully.This con tract once sig ned has legal validity, two

2、parties must strictly perform.Article 2 This con tract must be sig ned or sealed by the employers legal represe ntative or the prin cipal resp on sible pers on (Party A) and the employee (Party B), and affix the official seal of the employer (or the special seal of the labor con tract).Article 3 The

3、 empty colu mn in this con tract, should be filled in by two parties throughn egotiati on,and shall not violate laws, provisi ons, and releva ntregulati ons; empty colu mn notneed to be filled in, mark“/ ” .Article 4 Working hours system is divided into standard working hours, non-fix working hours,

4、 and comprehe nsive calculati on work ing hours. The irregular work ing hours, and comprehe nsive calculatio n work ing hours, should be approved bylabor adm ini strati on authorities.Article 5 The unfini shed matters of this con tract, may sig n a suppleme ntary agreeme nt, as the attachme nt of th

5、is con tract, and be performed with the con tract together.Article 6 This con tract must fill in seriously, write legibly,text be con cise and accurate,and shall not alter arbitrarily.Article 7 After the sig ning of this con tract (in cludi ng attachme nts), each party holds one.Party A(Employer):Na

6、me:Name:Party B(Laborer):Legal Represe ntative(Prin cipal Resp on sible Pers on):ID No:Perma nent add:Address:Reside nee add:Busin ess type:Con tact No:Con tact No:This con tract is con eluded on the basis of prin ciple of lawfu In ess, fair ness,equality, freewill, n egotiated consen sus and good f

7、aith by and betwee n the foresaid the Party A and Party B in accordanee with the Labor Law of the People s Republic of China (the RPCLabor Law), the Law of the People s Republic of Chi na on Employme nt Con tracts (the PRCEmployme nt Con tract Law) and other releva nt laws and regulati ons of China

8、and of Guan gdo ng Provi nee.Article 1 Term of the Employme nt Con tractA. Term of Con tractThe Parties agree to determ ine the term of this Con tract pursua nt to mode below:1. Fixed Term: From / to /.2. Open-ended Term: From / to the date which stipulated ending condition occurs.to the3. Term to e

9、xpire upon completi on of a certa in job: Fromcompleti on of pleti on of the job shallbe .B. Probation periodThe Parties agree to determine the term of the probation period pursuant to mode below (the probati on period shall be in cluded in the term of Con tract ):1. Without probation period.2. With

10、 a probationperiod which is from /to /(If a labor con tract has a term of more tha n three mon ths but less tha n one year, the probati on period may not be exceed one mon th; if a labor con tract has a term of more tha n one year and less tha n three years, the probati on period may not exceed two

11、mon ths; and if a labor con tract has a term of more tha n three years or is ope n-en ded labor con tract, the probati on period may not exceed six mon ths.)Article 2 Job Description and Place of WorkA. The departme nt or group at which the Party B works is as:,The positi on (ma nageme nt and tech n

12、i cal or product ion operati on al) is as,The title (or type of work) isas .B. The task or duty of Party B is as.C. The place of work is as .D. During the term of this Con tract, if the Party A has to adjust the positi on of the PartyB due to the n eeds of product ion and bus in ess operati on or ot

13、her causes, or assig n the Party A to work in the place or un it other tha n the place or unit providedin this Con tract, the Partiesshall reach consen sus through n egotiati onto ame nd this Con tract. The ame ndme nt agreeme ntcon eluded shall be the appe ndix of this Con tract.Article 3 Worki ng

14、Hours, and Rest and LeaveA. The Parties agree to determine the term of the working hour pursuant to mode below:1. Stan dard work ing hours system. Party B shall work for hours a day, and hoursa week. Party A shall guara ntee that Party B has at least one day off in a week.2. Non-schedule working hou

15、r system. The position of Party B practicesnon-schedule workinghour system after the approval of the labor admi nistratio n authority.3. System of comprehe nsive calculati on of worki ng hour. The positi on of Party B practicessystem of comprehensive calculation of working hour after the approval of

16、 the labor administration authority; calculati on circle ; total worki ng hours .B. Party A may exte nd work ing hours due to the requireme nt of its producti on or bus in essafter consultation with the Trade Union and the Party B, but, with the exception of the circumsta nces stipulated in Article

17、42 of the PRC Labor Law,the exte nded hours for a day shall gen erally not exceed one hour; if such exte nsion is called for due to special reas ons, the exte nded work ing hours shall not exceed three hours a day un der the condition that the health of the Party B is guaranteed. However, the total

18、extension in a month shall not exceed 36 hours.C. Party A shall provide the Party A with legal holidays, annual leave, marriage leave, fun eral leave, home leave, mater nity leave, nursing leave, etc. in accorda nee with releva nt regulati ons and pay vacati on wages accord ing to the wage sta ndard

19、 provided by this con tract.Article4 Labor Remun erati onA. The wage of Party B for no rmal worki ng hours shall be paid pursua nt to mode below and may no t less tha n the minimum wage rate in the place where the Party A is located.1. Hourly wage:(1) The wages of the Party B for normal working hour

20、s shall be paid pursuant to ;the beg inning wage amount is as RMB/month or RMB /hour.(2) The wages of the Party B is as RMB/month in the probati onary period (theprobati onalsalary shall not be less tha n the minimu mwage of same post and 80 perce nt of appo in tedsalary in the con tract, not less t

21、ha n the minimum wage sta ndard in where Party A is located.);2. Piecework wage:(1) Un it price: /(2) Labor quotas:/ (The labor quotas determ ined gen erally shall be the amountof work that over 70%employees in the same position of the Party A can finish within legal working hours.);3. Other compens

22、ations (such as the Party A practices a annual salary system or it pays wagesaccordi ng to an assessme nt term) :/.4. Party A shall determine its wage distribution system in the light of the status quo ofits product ion and bus in ess operatio n, the price level and wage in crease guideli neannoun c

23、ed bythe gover nment. The specific ways and exte nt of no rmal wage in crease shall be determ ined in accordanee with law through mutual consultationbetween the Parties or through collectivebarga ining.B. The pay for performa nee and bonus of the Party B shall be paid per the follow ing method:C. Th

24、e allowa nee and subsidies of the Party B shall be paid per the follow ing rate andmethod:.D. The wages shall be paid in curre ncy in stead of kind or portfolio.E. Party A shall pay wages of(immediately/previously)mon th, on of eachmon th. If the date for wage payme nt happe ns to be a legal holiday

25、 or a non-bus in ess day, the wage payme nt shall be made in adva nee on the most recent bus in ess day.F. If Party A arranges Party B to work overtime, it shall pay Party B overtime pay in accordanee with the PRC Labor Law and Provisi ons of Guan gdo ng Provi nee on Wage Payme nt, except that Party

26、B is arran ged for compe nsatory time-off after he/she has bee n arran ged to work overtime on non-bus in ess day.Article 5 Social In sura nee and Fringe Ben efitsA. During the con tract period, Party A, in accorda nee with the releva nt regulati onsof n ati on,provi nee and district, shall pay the

27、pension, medical, un employme nt, work injury and mater nityin sura nee procedures for Party B, and shall pay social in sura nee fund based on payme nt base and payme nt ratio by rule. Party B shall un dertake his own part of socialin sura neefund,the payable amount shall be withheld by Party A from

28、 the Party Bs mon thlywages. Party A shall truthfully inform the situatio n of han dli ng social in sura neeprocedures and withhold ing social in sura nee premiums to Party B.B. I n case Party B suffers sick ness or non-work-related injury, Party A shall offer Party B a period of medical treatme nt

29、and sick-leave treatme nt stipulated by n ati onal and local regulati ons, pay medical in sura nee and other medical payme nt relat ing to releva nt regulatio ns, and pay sickness pay or disease relief during specified medical period, the amount may be RMB per mon th (no less tha n 80% of the local

30、mi nimum wage sta ndard).Article 6 Labor Protectio n, Worki ng Con diti on and Protectio n Aga inst Occupati onal HazardsA. Party A shall provide worki ng place con formed to the n ati on al labor health sta ndard, inaccorda nee with labor protect ionregulati ons of the n ati on and provi nee,and ef

31、fectively protectthe safety and health of Party B during working production. If Party B may suffer occupational hazard duri ng product ion procedures, Party A shall truthfully inform Party B, and protect the health and related rights of Party B stipulated by “ Law of OccupationalDisease Prevention ”

32、 .B. According to the position of the Party B, Party A shall provide Party B with labor safety and hygie ne con diti ons in con formity with the releva nt laws and regulati ons, and provide freephysical exam in ati on for Party B every(year /season /mon th) in accorda nee with laborprotect ion provi

33、si ons.C. Party A must carry out releva nt provisi ons formulated by the n ati on,provi nee and districtfor the labor protect ion and health-care work of female worker.D. Party B shall have the right to refuse to carry out any dan gerous operati on forced uponhim/her by Party A. For Party As or its

34、managers behavior which is indifferent to the safetyand health of Party B, Party B may have the right to inform and report to the releva nt gover nment departme nts.E. If Party B suffer occupati onal disease, work-related injury or death due to work, PartyArticle 7 Modificatio n of the Employme nt C

35、on tractA. Either of the Parties may modify releva nt terms of the Employme nt Con tract with writte n no tice to others.B. Party A change the name, legal representative,principalresponsibleperson or investor,dose not affect the performa nee of the con tract.C. If Party A occur the event of merger o

36、r divisio n,the con tractsremai n in force, and shallcontinuously perform by the unit succeeded Party As rights and obligations.D. The two parties may alter the labor con tract through mutual con sultati on and agreeme nt, and han dle cha nge procedures in writi ng. After the cha nge of labor con tr

37、act, each party holds one.Article 8 Can cellati on and Term in ati on of the Employme nt Con tractA. Can cellati on1. The parties may termi nate the labor con tract through mutual con sultati on and agreeme nt.If Party A proposes to term in ate this con tract, shall pay the econo mic compe nsatio n

38、to Party B by rule.2. Party A may term in ate the employme nt con tract un der any of the follow ing circumsta ncesin volvi ng Party B:(1) Party B bee n prove n to be in compete nt for the emplo ying requireme nt duri ng probati onal period.(2) Party B seriously breach labor disciplines or regulatio

39、ns stipulated by Party A.(3) Party B n eglects his duty and en gages in malpractices for selfish en ds, thus caus ingsignificant harm to the interests of the Party A.(4) Party B build labor relationships with other units, to cause a seriously impact on the completi on of the task of Party A, or refu

40、se to correct the rules made by Party A.(5) Where Party B has con cluded or modified the labor con tract aga inst the true inten tio nsof Party A through the use of fraud, coercion or exploitation of the unfavorable positionof PartyA, as a result of which this agreeme nt is deemed n ull and void;(6)

41、 Party B is found guilty according to the laws of P.R.C.(7) Party B is ill or injured due to non-work relation, after the completion of medical, still is in compete nt for his orig inal work, or alter native jobs arra nged by Party A.(8) Party B is in compete nt for work after training or adjustme n

42、t of jobs.(9) If the objective situati on cha nges sig ni fica ntly this con tract based on, to result thecon tract un able to perform, and mutual consent can not be reached in charge of this labor con tracts.Party A term in ate this con tract accord ing to item (7), (8) and (9), should no tice Part

43、y Bin writing before 30 days (or extra pay a month wage to Party B), and pay economic compensationto Party B subject to regulati ons. If Party A term in ate this con tractaccord ing to item (7), alsoshall pay medical treatme nt allowa nces to Party B conforming to releva nt regulati ons.3. Un der an

44、y of the followi ng circumsta nces, Party A can make redu ndan cies stipulated byregulati ons and procedures, and pay econo mic compe nsati on to Party B by rule:(1) Party A restructured pursua nt to the En terprise Ban kruptcy Law;(2) Product ion and bus in ess operati on of Party A met serious dif

45、ficulties;(3) Product ion, tech no logical inno vati on or bus in ess method of Party A adjusted;(4) If other objective situati on this con tract based on, cha nges sig ni fica ntly, to result the con tract un able to perform.4. Party B may term in ate the labor con tract with 30 days prior writte n

46、 no tice to Party A;during the probationary period with 3 days prior written notice to Party A.Party B may term in ate his employme nt con tract un der any of the follow ing circumsta ncesin volvi ng Party A.Party A shall pay the econo mic compe nsati on to Party B by rule:(1) Party A has failed to

47、provide labor protecti on or work ing con diti ons as stipulated in the labor con tract;(2) Part A has failed to pay remuneration on time or in full;(3) Party A has failedto con tribute social in sura nee fund on behalf of Party B in accorda neewith the law;(4) Party As policiesviolate laws or regul

48、ations, thereby infringing upon Party Bs rightsand in terests;(5) Party A has con cluded or modified the labor con tractaga inst the true inten ti ons of PartyB through the use of fraud, coercion or taking advantage of Party B s unfavorable position, asa result of which this con tract or the cha ngi

49、ng agreeme nt is deemed n ull and void;(6) Party A is exempted from its legal liability and Party Bs rights,as a result of whichthis con tract is deemed n ull and void;(7) Party A violates obligatoryprovisionin laws and regulations, as a result of which thiscon tract is deemed null and void;(8) If P

50、arty A uses viole nee, in timidati on, or an un lawful restrai nt of in dividual freedomto compel Party B to work, or if Party A instructsParty B to violate the law or engage in hazardouswork that endan gers his pers onal safety.(9) Other circumsta nces for term in ati on by Party B as specified un

51、der laws and regulati ons.If the situatio n of item (8) occurs, Party Bhas the right to term in ate the con tract immediately without no tice Party A in adva nee.5. Of the any of the follow ing circumsta nces, Party A can not term in ate the labor con tracton the basis of article 40 and 41 of theLab

52、or Contract Laws ” ;(1) Party B that con ducts operati ons expos ing him/her to occupati onal disease hazards has not gone through an occupati onal health exam in ati on before leav ing his post, or is suspected of havi ng an occupatio nal disease and is un der diag no sis or medical observatio n.(2

53、) Injured due to the occupati onal disease or work-related reas ons, and was con firmed as having lost or partially lost the ability to work.(3) Ill ness or non work-related injury within the prescribed period of medical treatme nt.(4) Wome n workers in preg nancy, childbirth, breastfeed ing.(5) Wor

54、ked continuously for 15 years and less than five years away from his legal retirement age in this un it.(6) Other circumsta nces stipulated by laws adm ini strative regulati ons.B.Term in ati on1. Once the con tract expired or statutory term in ati on con diti on occurs, the con tract shall be term

55、in ated.2. The con tract term in ate due to one of the follow ing circumsta nee, Party A should pay econo miccompe nsatio n to Party B stipulated by regulati ons.(1) In additi on to the Party A mai nta in or improve the con diti on of the labor con tract torenew the labor con tract, Party B disagree

56、 to new a lease, the labor con tract expires;(2) Party A was declared ban krupt by court.(3) Busin ess lice nse of Party A was revoked, order to close, can cellati onor early dissoluti onof.(4) Other circumstances stipulated by laws administrative regulations.3. When Party B has the circumsta nces o

57、f the first paragraph (5) of article 8, the con tactexpired, Party A shall renew the con tractun tilthe corresp onding circumsta nee disappeared. Butif Party B suffers from occupati onal disease or work-related injury and is con firmed to have totally or partially lost the ability of work, Party A s

58、hall execute accord ing to work injury in sura nee regulati ons formulated by n ati on and provi nee.C. If Party A illegally dissolves or term in ates the con tract, Party B requests to carry onthis con tract, Party A shall continue to perform; Party B does not require to carry on the con tract or t

59、he con tract can not continue to be performed, Party A shall pay double compe nsati on for Party B accord ing to econo mic compe nsati on sta ndard.D. Procedures of the dissoluti on or term in ati on of the con tractWhen relievi ng or term in ati ngthis con tract, Party A shall show the certificate

60、of relievi ngor term in at inglabor con tact,and han dle tran sferformalities of files and social in sura nee forParty B within 15 days.Article 9 Conciliation and ArbitrationIf any dispute arises betwee n this con tract, it shall be settled through n egotiati on; if the parties are unwilling to nego

61、tiate or the negotiation fails, can apply for mediation to the Party As labor dispute mediation organization.If mediation fails, can apply arbitrationtojurisdict ion al labor dispute arbitrati on commissi on with in the time for statutory arbitrati on;also can apply arbitrati on to labor dispute arb

62、itrati on commissi on. If not satisfied with arbitral decisi on, can in stitute legal proceedi ngs in Peoples Courts with in statutory time limit.Article 10 Service Period and Competiti on Restrict ionA. If Party A provide Party B with special trai ning expe nses and professi onal and tech niquetrai

63、 ning, the two parties make followi ng agreeme nt: execut ing in accordance with companytraining man ageme nt system . (Whe n Party B breaches the service period agreeme nt, shall pay penalty to Party A according to the agreement. The amount of penalty shall not exceed the training expenses provided

64、 by Party A, and shall be no more than the trainingexpenses caused in the serviceperiod un performed.B. If Party B shall keep the bus in ess secrets and con fide ntialmatters related to in tellectualproperty of Party A, the two parties make the followingappointment:for details seeCon fide ntiality Agreeme nt. (If Party B have con fide ntiality obligatio n, Party A can makecompetiti onrestrictio nagreeme nt with Party B, and after relievi ng or term in