英文合同模板

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1、-Serial No.: Employment ContractParty A: Legal Representative: Registered Post Code:Telephone No.: Party B: Gender: ID No.: Home Address: Mailing Address and Post Code: Domicile: StreetTownDistrictCountyProvinceMunicipalityTelephone: In accordance with the Labor Law of the Peoples Republic of China,

2、 the Law of the Peoples Republic of China on Employment Contract, and other relevant laws and regulations, on the basis of equality and of their own accord, and through consultations, Party A and Party B have reached consensus and signed this Contract and shall collaboratively abide by the condition

3、s prescribed in this Contract.Chapter I Term of the Employment ContractArticle 1 This Contract is a fi*ed term employment contract. This Contract enters into effect on datemonthyear among which the probation period ends on datemonthyear. And this Contract shall e*pire on datemonthyear.Chapter II Job

4、 Description and the Place of WorkArticle 2 According to the stipulations of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU signed between Party A and (the employing work unit, hereinafter referred to as “the Organization), Party A dispatches Party B to work w

5、ith the Organization as a_ (post). Party B has been selected after test and appraisal by the Organization, has read and learned the related content of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU and the Handbook for Employees. Party Bs work performance shal

6、l satisfy the requirements of the Organization and Party B shall timely acplish the work in terms of requested quality and quantity. According to the work requirement, Party A may send Party B to work at other Organizations.Article 3 Based upon the work requirement and after consultation with Party

7、B, the Organization may adjust the position, duty, and work place of Party B. If such adjustment happens, Party A shall be informed within 15 days; Party A and Party B shall sign an agreement on such alteration to the employment Contract.Chapter III Working Hours, Holidays and LeaveArticle 4 The wor

8、king hours, holidays and leave shall be arranged by the Organization in pliance with relevant laws of the State and the requirement of the work position.Article 5 The Organization shall pay Party B overtime fee according to the related regulations of the State if Party B is required to work overtime

9、. Chapter IV Labor Protections and Working ConditionsArticle 6 The Organization shall provide necessary working conditions, tools and labor protection articles according to relevant regulations and requirements of the state. Party B shall strictly abide by the labor safety regulations of both Party

10、A and the Organization, and it is strictly forbidden to work in violation of the relevant regulations so as to prevent accidents in the course of the work.Chapter V RemunerationArticle 7 The remuneration for Party B during his/her employment period shall be calculated based on the total fees for emp

11、loyment as determined herein by the Labor Service Contract on Employment of Chinese Citizens /or Agreement /or MOU.(I) Party Bs ine distribution is indicated by the attached Table.(II) The minimum salary standard of the BeijingMunicipality shall be taken as the basic salary of Party B.(III) The sala

12、ry of Party B in the probation period: Party A shall pay no less than 80% of Party Bs remuneration. (IV)Sick leave salary of Party B: Within the prescribed treatment period, Party A shall pay at a rate no less than 80% of the minimum salary standard of the BeijingMunicipality.(V) Remuneration and be

13、nefits of Party B during unemployment shall be paid by Party A according to the minimum salary standard of the BeijingMunicipality.(VI) Both Party A and Party B agree as follows on the remuneration and relevant matters in case of arrears on the part of the Organization:1. In the event that the Organ

14、ization has been over 30 days in arrears with payment of the total employment fees or Party Bs remuneration, social insurance premiums, housing provident fund or management fee defined by this Contract while Party B provides normal service, Party B shall report to Party A in time and has an obligati

15、on to assist Party A with representations to Party A so as to urge the Organization to make timely payment of all the relevant fees prescribed by the Contract.2. During the period when the Organization has been over one month, but less than two months in arrears with relevant payment, Party A shall

16、advance money for Party Bs remuneration, and also pay Party Bs social insurance premiums and housing provident fund first and get paid back later.3. In case the Organization has been in arrears for two months, Party A may remove Party B from the current post at its discretion. Whereas Party B shall

17、cooperate on their own initiative and obey the work arrangement by Party A. Failure to do so on the part of Party B shall be regarded as an agreement between Party A and Party B to terminate this Contract.4. In case Party B is willing to continue their service to the Organization even the Organizati

18、on is in arrears with payment, Party A shall pay Party Bs remuneration according to the minimum salary standard of the BeijingMunicipality.5. In case the Organization entrusts Party B with payment of Party As total employment fees or management fee and Party B fails to pay the relevant fee to Party

19、A in time without any legitimate reason, leading to the arrears on the part of the Organization, Party A shall have the right to give the warning and inform the Organization. In case Party B has refused to make such payment for two months and therefore functionary embezzlement or misappropriation ha

20、s cropped up, Party A may cancel this Contract with Party B.6. Party A shall pay no economic pensation in case of termination or cancellation of this Contract according to Section 3 or 5 of this agreement. Chapter VI Social Insurance and Other BenefitsArticle 8 Entrusted by the Organization, Party A

21、 shall handle the procedures relating to the social insurance and housing provident fund for Party B according to the regulations of the state and the BeijingMunicipality.The amount of the social insurance premiums and housing provident fund for Party B during the employment period and the way of pa

22、yment shall be decided upon and implemented in pliance with the stipulations of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU lawfully signed between Party A and the Organization.(I) The medical treatment for Party B during illness or in case of non work-rela

23、ted injury shall follow the relevant regulations of the State and the BeijingMunicipality.(II) The benefits for Party B shall follow the relevant regulations of the state and the BeijingMunicipality in case he or she contracts occupational disease or suffers work-related injury. Article 9In case of

24、arrears on the part of the organization or during Party Bs unemployment, Party A shall adjust the benchmarks for the social insurance premiums and the housing provident fund in accordance with the regulations of the State and then pay the premiums and housing provident fund for Party B.Chapter VII D

25、isciplineArticle 10Party B shall abide by the working discipline, rules and regulations of both Party A and the diplomatic mission. (I) Party A has the responsibility to trainand educate Party B on vocational ethics, professional skills, labor safety, working discipline, rules and regulations.(II) P

26、arty B has the obligation to receive the education and training by Party A. Party A has the right to settle any breach or violation mitted by Party B and even to terminate the employment contract according to relevant regulations.Chapter VIII Termination and E*piration of the Employment Contract Art

27、icle 11 This Contract may be terminated if consensus is reached between the two parties.Article 12 This Contract may be terminated if Party B notifies Party A in writing 30 days in advance; or Party B notifies Party A 3 days in advance during the probation period.Article 13 If Party A or the Organiz

28、ation is in any of the following circumstances, Party B may terminate this Contract:(I) fails to provide labor protection or working conditions stipulated by this Contract; (II) fails to pay full amount of the remuneration in time; (III) fails to pay the premiums of social insurance and the housing

29、provident fund according to law;(IV) pels Party B to work by way of violence, threats or unlawful restriction of personal freedom.Article 14 Party A may terminate the Contract, if Party B is in any of the following circumstances:(I) is proved during the probation period not up to the requirements fo

30、r employment;(II) materially breaches working rules and regulations of Party A and the Organization;(III) mits serious dereliction of duty or engages in malpractices, causing substantial losses to Party A or the Organization;(IV) “holds post concurrently in other institution or establishes de facto

31、labor relationship with other institution;(V) is prosecuted for criminal responsibility according to law;(VI) is in other circumstances supporting Party As termination of this Contract as stipulated by laws or administrative regulations.Article 15Party A may terminate the Contract after it gives a 3

32、0 days written notice to Party B , if Party B is in any of the following circumstances:(I) After the prescribed period of medical care for an illness or non-work related injury, is still incapable of engaging in his/her original job, nor can he/she engage in the job otherwise arranged by Party A;(II

33、) is inpetent and remains inpetent after training or adjustment of his/her job position.Article 16Party A shall not apply Article 15 of this Contract to terminate the Contract, if Party B is in any of the following circumstances: (I) is engaged in operation e*posing him/her to hazards of occupationa

34、l disease and has not undergone a pre-departure occupational health check-up, or being suspected of having contracted an occupational disease and being diagnosed or under medical observation;(II) has been confirmed as having lost or partially lost his/her capacity to work due to an occupational dise

35、ase or work-related injuries;(III) receives medical treatment for diseases or non-work related injuries within the prescribed period of medical care; (IV) is a female employee during her pregnant, puerperal, or nursing period.Article 17Under any of the following circumstances, this Contract shall be

36、 terminated.(I) Employment Contract is e*pired;(II) Party B has lawfully started to enjoy the basic pension;(III) Party B has been paid for the applicable discharge economic pensation in pliance with the regulations of the State;(IV) Without the prior consent from Party A, Party B, during his/her em

37、ployment with the Organization, asks for a resign from the Organization or quits the job without notifying the Organization;(V) The Organization declares to close down or to dismantle;(VI) Party B passes away, or has been declared dead or missing by the peoples court;(VII) Other circumstances prescr

38、ibed by laws and administrative rules.Article 18At the time of cancellation or termination of this Contract, Party A shall produce a certificate for such cancellation or termination, and plete the personnel file and social insurance relationship transfer formalities for Party B within 15 days. Chapt

39、er I* Economic pensationArticle 19Under any of the following circumstances, Party A shall pay to Party B economic pensation:(I)Party A proposes to Party B for termination of this Contract in accordance with the terms of Article 11 of this Contract, and consensus is reached after consultations with P

40、arty B to terminate the Contract;(II) Party B terminates this Contract according to the terms of Article 13 of this Contract;(III) Party A terminates the Contract in pliance with the terms of Article 15 of this Contract; (IV) This Contract is terminated in pliance with terms of Item I Article 17 of

41、this Contract e*cept that Party A maintains or improves the contracting conditions for the renewal of this Contract, but Party B disagrees to such renewal;(V) This Contract is terminated in pliance with the terms of Item V Article 17 of this Contract. Article 20 The economic pensation shall be based

42、 on Party Bs years of service with the Organization at the rate of his/her monthly salary for every full year of service. Any service length of more than si* months but less than one year shall be counted as one year; for any service length of less than si* months, the economic pensation payable to

43、Party B shall be half of his/her monthly salary.If Party Bs salary is three times higher than the average monthly salary of employees in Beijing in the previous year, the economic pensation payable to Party B shall be at the rate of three times the average monthly salary of employees and the countab

44、le length of service for economic pensation shall not e*ceed twelve years.The monthly salary refers to the average salary of Party B of the twelve months prior to the termination or e*piration of this Contract.If Item (I) Article 15 of the Contract is applied to terminate this Contract, Party A shal

45、l pay Party B in addition medical care subsidies equivalent to the amount of si* months salaries. Moreover, Party A shall pay an additional amount of 50% of the medical care subsidies to Party B in case of a serious disease, and 100% of the medical care subsidies in case of a fatal disease.Article 2

46、1Party B shall plete the hand-over of work according to the regulations of Party A and the Organization. Economic pensation shall be paid during the process of the hand-over.Article 22 If the Organization pays directly to Party B the economic pensation, Party B shall refund all received pensation to

47、 Party A in a timely fashion; in this case, Party A will, in accordance with the provisions of this Contract, continue the labor relationship with Party B. If Party B fails to refund the economic pensation received from the Organization, then it shall be assumed that Party A has e*ecuted such obliga

48、tion, and that both parties agree to terminate this Contract, and Party B shall not claim any other economic pensation.Article 23 IfParty B is in the circumstance as described in Item (II) and (III) Article 14 of this Contract, therefore discharged by Party A, which causes loss to Party A, then Part

49、y B shall be liable for pensation of such loss.Article 24In caseParty B dissolves the employment contract in violation of the stipulations of this Contract and causes economic loss to Party A, Party B should bear the liability of pensation according to law.Chapter * Other Contents as Agreed upon bet

50、ween the Contracting PartiesArticle 25Party A and Party B agree to add the following contents to this Contract:Chapter *I Settlement of Disputes and MiscellaneousArticle 26 Party B shall timely inform Party A in writing if any dispute arises between Party B and the Organization, and Party A shall as

51、sist with the mediation.Article 27 Any dispute arising due to the e*ercise of this Contract should be solved through friendly consultation. In case either party requests arbitration after failure in settlement through consultations, then it should be submitted to the Labor Dispute Arbitration missio

52、n of Dongcheng District, Beijing within 60 days of the occurrence day of such dispute.Article 28 Party B affirms the address written in this Contract is the service address for files and documents relating to labor relationship management. Should this address be changed Party B shall inform Party A

53、of such change in writing. It should be deemed as served once Party A dispatches relevant documents at this address. If Party B does not timely inform Party A of the change of the address in written form, which makes it impossible for the relevant documents from Party A to be dispatched, Party B sha

54、ll be accountable for the consequences alone.Article 29 Anne*es to this Contract:As an anne* to and inseparable part of this Contract, Rules and Regulations for Contract Employees has the same effect as this Contract. Article 30 Issues uncovered herein by this Contract or conflicting with future reg

55、ulations of the State or Beijing Municipal Government, shall be settled in pliance with the relevant regulations.Article 31 Any other agreements concluded prior to the effective date of this Contract between the two parties shall automatically bee invalid as of the conclusion date of this Contract.

56、In case any article prescribed in other related agreements signed previously does not conform to this Contract, this Contract shall take precedence. Article 32This Contract is prepared in duplicate, with each party holding a copy.Party A (Official Seal): Party B (Signature):Legal Representative or A

57、uthorized Deputy:(Signature)Signed on Date Month YearTotal Fees for Employment Payable to Party A by the Organization (RMB/month)Management fee payable to Party A by the OrganizationShare of Contributions by the Organization Remuneration payable to Party B before ta* Withholding by Party AManagement

58、FeeSocial Insurance premiumsHousing Provident FundType of WorkBasic SalaryAllowances, Subsidies, Bonus and other benefitsShare of Contributions by Party BParty Bs Ine ta* Social Insurance PremiumsHousing Provident FundIne Distribution Table of Party B(I)The total fees for employment payable to Party

59、 A by the Organization include Party Bs remuneration, social insurance premiums, housing provident fund (The Organization and Party B respectively contribute their own shares according to the relevant regulations) and Party As management fee.1. Entrusted by the Organization, Party A pays to Party B

60、the remuneration (basic salary, allowances, subsidies, bonus and other benefits), and in the meantime withholds social insurance premiums, housing provident fund and personal ine ta*.2. Allowances, subsidies, bonus and other benefits are paid directly to Party B by the Organization.(II)The Organizat

61、ion pays management fee to party A, pays remuneration directly to Party B. In this circumstance, Party A, according to the law, collects and then pays Party Bs social insurance premiums and housing provident fund (both the shares of contributions by the Organization and Party B) as entrusted by the

62、Organization; Party B shall declare and pay personal ine ta* according to law while Party A shall provide ta* collecting and paying service for Party B. Renewal of the Employment ContractThis renewed employment contract is term contract which will bee effective from DateMonth Year and e*pire on Date

63、MonthYear.Party A Official Seal Party B (Seal or signature)Legal Representative orAuthorized Deputy (Seal or signature) Date Month YearThis renewed employment contract is term contract which will bee effective from DateMonthYear and e*pire on DateMonthYear.Party A Official Seal Party B (Seal or sign

64、ature)Legal Representative orAuthorized Deputy (Seal or signature) Date Month YearModification of the Employment ContractThrough consultations, based on equality and of their own accord, consensus between Party A and Party B is hereby reached to make the following alterations to the Contract:Party A Official Seal Party B (Seal or signature)Legal Representative orAuthorized Deputy (Seal or signature) Date Month Year . z.