No:KKKK- C11-KKKK
【AAA】广州市标准劳动合同英文完整翻译版
Labor Contract Of Guangzhou
Employer( Party A):
Address(Party A):
Employee(Party B):
Address(Party B):
Consultation Telephone of Policies and Regulations about Labor Contact:12333
Guidance
I. Before signing the contract, the two parties shall carefully read every details of the contract. Legal validity shall take effect upon the two parties’ signing the contract and the two parties shall strictly performance according to the terms of the contract.
II. The contract must be signed personally by the legal representative (or entrusted person) of the employer (party A) and the employee himself/herself (party B) with the chop of the employer (or Labor Contract Special Chop) that shall be deemed effective.
III. The blank column in the contract shall be decided by the two parties by negotiation and discussion, and the content must be clearly indicated; for the column with no indicated content, please mark with “/”.
IV. The labor time system is divided into three parts: stander working time system; indefinite tense working system; synthesis computation man-hour of work. If it implements the
indefinite tense working system and Synthesis computation man-hour of work, it should be approved by the labor security department, and agreed and marked out the specific content in the item three of the eleventh article in this contract.
V. With regard to the issue not covered in the contract, please sign other supplementary agreement as the attachment of the contract that fulfilled together with the contract.
VI. Each labor stander of the labor contract that the individual employee signed with the employer shall not be lower than the contract agreement signed by the union or the workers who was elected to be a representatives of the employee.
VII. The contract shall be filled with pen with clear letter, simple and accurate words, any unauthorized change shall not be allowed.
VIII. The original contract (with attachment) was held by Party A and Party B respectively after verified.
IX. The text of this contract shall not apply to the non full time employment.
Party A(Employer): Party B(Employee):
Name: Name:
Legal representative( principal): ID number:
Census register address:
Postal address :
Economic type: Postal address:
Telephone: Telephone:
The contract is hereby conducted by both parties in accordance with Labor Law of the People’s Republic of China and Labor Contract Law of the People’s Republic of China, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith.
I. Contract Valid Period
A. The two parties agree with the term as below to decide contract valid period:
1. Fixed valid period: From (Date) (Month) (Year) to (Date) (Month) (Year) .
2. Unfixed valid period: From (Date) (Month) (Year) to the time when the termination term stated in the contract happens.
3. Valid period is decided by certain working task: From (Date) (Month) (Year) to when the working task finished; the time when finish of the working
task and termination of the contract shall be determined by .
B. The two parties agree with the term as below to decide period of probation (the probation period is included in the contract period):
1. No probation period.
2. Probation period from (Date) (Month) (Year) to (Date) (Month) (Year) .
II. Job description and working place
A. Party B’s working department is , working post(management technical post or production operation post) is , title (function) is .
B. Party B’s working content and responsibility are
.
C. Party B’s worki ng place is .
D. If Party A adjusts the position of Party B according to the operation requirements, or assigns Party B to other places or unions to work in the contract valid period, to sign a variational be a c ontract attachment. If Party B don’t agree with the arrangement of Party A of the two parties failed to agree on a change in the contract, the two parties may terminate the labor contract with mutual agreement.
III. Working hours and rest hours
A. Both parties agree to perform the work and rest time in accordance with the provisions of the "Employee Handbook".
B. Party B entitled to all holidays and leaves provided by the State,including annual leave, marriage leave, funeral leave, maternity leave, etc. And pay wages according to the salary standard as stipulated in this contract.
IV. Labor payment
A.According to the wage system based legal salary regulation by Party A , Party B’s basic salary in the period of probation is RMB/month, allowance wages (including different kinds of overtime working and bonus) is , merit pay is . (perform as Party A's evaluation system), in total , other .
B.After the probation period, and Party B had completed the work tasks and achieved the required quality that stipulated by Party A. The basic salary after becoming a full time member shall be RMB/month, allowance wages (including different kinds of overtime working and bonus) is , merit pay is . (perform as Party A's evaluation system), in total , other , according to Party A’ s salary system.
C.Other agreement of labor payment
D. Party A shall pay the wage of (last month/ this month) to Party B on
of every month.
E. Party A shall determine the wage distribution system by law according to the production and operation, price level and government issued wage growth guidance line of the organization.
F. Party B’s labor payment will be evaluated according to his/ her position, duties and comprehensive performance. If Party B’s position and duties change due to Party A’s demand
of the business management or market changes and other f actors, Party B’s wage and treatment will also adjust the changes. Party B shall admit this and Party A did not have a liability for breach the contract. Party B shall pay individual income tax according to law.
V. Social insurance and fringe benefits
In accordance with national and local laws, regulations and polities relating to social insurance, Party A shall pay part of the basic social insurance for Party B, social insurance premium paid by individual part is withhold wages from Party B. Party A should tell the truth to Party B about handling the social insurance formalities and withholding of social insurance premiums.
VI. Labor protection, labor conditions and occupational hazard protection
A. Party A provide labor protection facilities and labor conditions conforming to national regulations according to the related national, provincial and local labor protection regulations to truly guarantee Party B’s safety and health during productio n and working. Party A shall inform Party B any occupational disease may produce during the work, and protect the health and related rights of Party B according to the provisions of "occupational disease prevention law" .
B. In accordance with the relating national and local laws, regulations and polities, Party A should protect the female worker commendably.
VII. The change, dismantlement, termination of the labor contract
A.When changing the labor contract, the two parties should inform the other party in writing.
B.Both of the parties have the right to change the terms of the contract or dismantle the contract after negotiation by both parties. The change contract or agreement should be held by both parties and HR department.
VIII. Termination and relieve of the labor contract
A. Relief
1. This labor contract could be terminated after negotiation by both parties.
2. Under one of the following circumstances, Party A can terminate this contract:
(1) Where Party B is proved to be not in conformity with the terms of employment in the probation period;
(2) Where Party B seriously violates the rules and regulations of Party A;
(3) Where Party B commits serious dereliction of duty or practices graft or corruption, causing substantial economic damage to Party A;
(4) Where Party B has additionally established a labor relationship with another employer which materially affects the completion of his/her tasks at Party A or refuses to rectify the matter when brought to his/her attention by Party A;
(5) Where Party B cheats, threatens (including provide fake information to Party A) Party A, and signs or changes the contract in violation of the true meaning of Party A, which leads to the invalid of the contract;
(6) Where Party B has his/her criminal liability investigated in according to law;
(7) Where Party B, due to sickness or inflicted off the job, can not resume his/her work or do the other job reassigned by Party A after specified period of medical treatment.
(8) Where Party B is unqualified, even after a training or job adjustment;
(9) The objective conditions on which the contract is based have materially changed to the extent that it is impossible to perform the contract while both parties cannot reach an agreement to amend the contract to reflect the changed conditions;
3.Under one of the following circumstances, Party A may reduce the personnel after the procedure is performed:
(1) Party A shall be reformed in accordance with the provisions of the enterprise bankruptcy law
(2) Party A has great difficulties in production and operation;
(3)Party A adjusted the production, technological innovation or management model;
(4)When the contract cannot be fulfilled because other labor contracts which signing at that time was based on the objective economic situation;
4.Party B may cancel the contract upon 30 days’ prior written notice to Party A; if in the probation period, 3 days in advance.
Under one of the following circumstances, Party B can terminate the contract:
(1) Where Party A fails to pay Party B’s salary or provide work conditions as stipulated herein.
(2) Where Party A fails to pay labor remuneration in full and on schedule;
(3) Where Party A fails to pay social insurance premiums for Party B according to law;
(4) Where Party A’s rules and regulations violate laws and regulations, thereby harming Party B’s rights and interests;
(5) Where Party A cheats, threatens Party B, and signs or changes the contract in violation of the true meaning of Party B, which leads to the invalid of the contract;
(6) Party A breaks the laws or has mandatory provisions of administrative regulations, which makes the contract invalid.
(7) Party A forces Party B work by violence, threat or illegal limitations of Party B’s free dom, or illegal command Party B to do the dangerous work which cannot ensure the safety of Party B;
(8) Other circumstances as specified in laws or administrative statutes enable Party B to dissolve the contract.
If Party A has the circumstance like article (7) as B mentioned above, Party B can terminate the labor contract at once without informing Party A.
B. Terminate
1.The labor contract expires or other statutory termination conditions appear;
2.Under one of the following circumstances, this contract can be terminated:
(1)Except for Party B maintains or improves the conditions to renew the contract, Party B doesn’t agree to do so, the labor contract expires.
(2)Party A is declared bankruptcy legally;
(3)Party A’s business license is revoked; Party A is compelled to close down or dissolve; or Party A decides to dissolve in advance;
(4)Other situations stipulated in laws and administrative provisions.
3.Party B is confirmed partly or totally incapacitated due to an industrial injury or an occupational disease when working for Party A, in accordance with the provisions of the state and the province on the implementation of industrial injury insurance.
C. Procedures of terminate or relief the contract
Party A should give the certificate to Party B when terminate or relief the contract.
IX. Dispute
Any dispute between both parties arising from the performance of this contract shall first be settled by consultation. If no settlement can be reached by consultation, either party may apply to labor dispute mediation committee. If the mediation fails to and one of the parties requests for arbitration, that party may apply to the labor dispute arbitration committee for arbitration. Either party may also directly apply to the labor dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the party may institute legal proceedings to the People’s Court within the effective time.
X. The period of service and competition restriction
A.Party A shall provide Party B with special training fees for the professional and technical training, the two parties shall make the following agreement:
(If Party B violates the agreement in the service period, it shall pay the penalty to Party A according to the agreement.)
B. If Party B knows the business secret ,intellectual property and the other related matters, the two parties shall make the following agreement:
(Party B has the responsibility of keeping the secret. Party A can make a competition restriction with Party B.)
XI. Others
A. Any matters not expressly stated herein shall be executed in accordance with the laws and regulations of the State and of local government; where any regulations violates relevant laws and regulations of the State or of local government, the laws and regulations of the State or of local government shall prevail.
B.The following documents are provided for the annex to this contract and shall have the same effect as this contract:
C. Both parties agree that (the content may not be in violation of laws and regulations and relevant provisions, may also add the signature or seal of the attached page):
This contract (including the annex) has two originals in organization, with one of them respectively for Party A and Party B. Each kindergarten and school has three originals, with one of them respectively for Party A,Party B and HR of organization. The contract comes into force upon affixing signatures and seals by both parties herein.
Party A:(Seal) Party B: (signature or seal)
Legal representative (or entrusted agent):
Signing Date: Signing Date: Accrediting body:(Seal)。
