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英文版劳动合同
在人们愈发重视契约的社会中,越来越多事情需要用到合同,签订合同能促使双方规范地承诺和履行合作。那么一般合同是怎么起草的呢?以下是小编为大家收集的英文版劳动合同,仅供参考,希望能够帮助到大家。
英文版劳动合同1
Employment Contract
甲方(用人单位):
Party A:
地址:
法定代表人:
乙方(劳动者):
Party B:
身份证号码:
ID No:
住址:
依照《中华人民共和国劳动法》有关规定,结合本公司实际,甲乙双方本着平等、自愿、协商一致的原则达成如下协议
According to the Labor Law of PRC China, Party A and Party B agree as follows:
一、合同期限 Contract Period
本合同期______年__ 月 __日起至______年 ___月___日或本合同约定终止条件出现时止。
This agreement is valid from (Y/M/D) until (Y/M/D) or terminated by either party
二、工作内容和工作时间 Responsibility & working hours
1. 甲方聘请乙方担任 部门 职务,详见职务说明书。
Party B's Department: Party B's position:
Please refer to the job description for details.
2. 乙方须完成甲方安排的生产(工作)任务
Party B must accomplish his/her regular work and additional assignments on time
3. 每天工作8小时,每周工作共40小时。
There are 8 working hours a day, 40 working hours a week.
4. 甲方如因业务拓展变化需要对乙方的工作岗位及工作区域进行调整,乙方应当接受。如因甲方公司业务扩展需要或公司合并分立等变更,乙方同意按照法律规定延续此合同,并接受甲方安排,在____(某地区)工作。
If Party A needed to adjust Party B’s position and working area for business development variety, Party B should accept it.
三、工资 Salary
乙方每月的基本工资:RMB 绩效工资:RMB 综合福利金:RMB ,工资总额为RMB 元(该金额尚未扣除税金、住房费用以及社会保险中个人应缴的部份),另甲方予以乙方工资总额7%的住房公积金(如法律规定住房公积金缴交基数有上限,则依照法规执行)。试用期满,经考核后,根据考核结果确定是否正式录用,正式录用后薪金保持不变。甲方将视公司的盈利情况和乙方的考核结果,于每年的三月份进行薪金调整。
Party B's monthly total revenue (before the deduction of tax, housing fund, social insurance paid by individual) each month would be RMB______ , including base wage RMB______ performance salary RMB_______and social welfare RMB______, And Party A will offer Party B 7% housing fund base on the total revenue, or any upper limit set by the local authority, whichever is the lower. After probation total revenue would be unchanged. Party B's salary will be reviewed annually in March and adjusted in light of Party B's performance and prevailing conditions.
四、工资的发放 Payment
甲方于每月_____日前通过银行转帐支付发放上月工资。
Salary will be paid to Party B's account by T/T before the ____th of the following month.
五、超时工作 Over Time
乙方应致力于提高工作效率,按时完成生产、工作任务。如因特殊情况需要加班,可自行安排。如乙方希望通过自行安排加班取得加班费,则乙方必须在加班前四小时填写加班申请表呈总经理审批。否则,视为无效加班,详见《员工手册》。
Party B must try his best to increase the working efficiency to meet Party A's requirement. If there are special circumstances that Party B has to work overtime, Party B can arrange by themselves. If Party B requests OT payment, he/she must fill in the OT application form and have it approved by GM. OT Application Form without authorized signature is not valid.
六、加班费 OT Compensation
乙方经甲方批准在工作日加班,甲方必须支付给乙方基本工资150%的报酬;休息日被安排工作而甲方又不能够给予乙方同等时间的补休,则甲方须支付给乙方基本工资200%的报酬;若在国家法定休假日被安排工作,甲方付给乙方基本工资300%的'报酬。
If Party B works over time and has approved by Party A, he/she will be offered the same period of compensation leave or OT salary according to Labor Law of PRC China.
七、假期与福利 Holiday & Benefits
1. 有薪国家法定假日 Statutory Holiday of PRC China with pay
2. 有薪婚假/产假/丧假 Leave for Marriage, Maternity and Mourning with pay.
3. 有薪年假 Annual leave with pay
4. 社会保险 Social Insurance
5. 年度奖金Annual bonus (based on the months worked with party A at the rate of one month’s wage for each full year worked. )
详情请参照《员工手册》Please refer to Party A's employee manual for detail info.
八、劳动纪律 Discipline
乙方应严格遵守甲方制定的各项规章制度和劳动纪律(详请请参照《员工手册》执行)
Party B shall strictly obey Party A’ regulations and discipline. Please refer to Party A's employee manual.
九、保密协议 Confidentiality
乙方需严格保守工作过程中接触和了解到的公司商业秘密(包括生产技巧、工艺流程、技术秘密、管理方法、产销策略、货源情报、设计图纸、成本价格和客户资料),否则将受到行政处罚(如无条件解雇、赔偿等);触犯刑法的,甲方将有权移交司法机关处理。乙方调离甲方,应得到甲方同意,并将所有商业秘密资料移交甲方,同时承担不向外泄露的义务,并保证半年内不得利用甲方商业秘密在生产同类且与甲方有竞争关系的产品的其他企业内任职。否则,甲方有权要求乙方赔偿因此而带来的一切经济损失。
The recipient shall undertake the obligation to keep confidential, in accordance with the scope and duration agreed upon by both parties, the technical secrets contained in the technology provided by the supplier, which have not been made public.
十、合同终止 Termination
1. 终止本合同条件 Termination conditions
A. 试用期间,双方皆可即时通知对方解除本合同;
During the probation period, either side can terminate the contract by immediate effect.
B. 试用期满后,任何一方欲解除合同,须提前三十日以书面形式通知对方。否则,违约方须向守约方支付违约金(违约金为乙方一个月的工资),若造成守约方经济损失的,应依法承担赔偿责任。
Either side can terminate the contract by giving 30 days notice in written form after probation period.
2. 甲方在下列情况下可随时直接地通知乙方解除本合同,无须履行任何法定义务和手续,无须向乙方补偿If any case of the following circumstances, Party A has the right to inform Party B rescission of the contract:
A. 乙方在试用期间达不到甲方的要求;Party B’s performance can’t meet Party A’s requirement.
B. 乙方严重失职,给甲方利益造成重大损失的;
The other party has breached the contract, to the extent that such breach has seriously affected the economic benefits expected when concluding the contract
C. 违反甲方有关规定,应予开除的,详情请参照《员工手册》执行。The condition agreed on in the Party A's employee manual for rescission of the contract has arisen
3. 乙方在下列情况下终止本合同不需向甲方补偿
If any one of the following circumstances, Party B has the right of inform Party A rescission of the contract without any compensation:
A. 被非法限制人身自由的手段强迫劳动的;
Party B is forced to work by illegal means.
B. 未按本合同约定支付劳动报酬或劳动条件的;
Party B cannot get the salary or working conditions which agreed in the contract.
十一、甲、乙双方须共同遵守国家有关法规以及甲方《员工手册》的有关规定。
Both Party A and Party B shall obey the related regulation of PRC China and Party A's employee manual.
十二、本合同自甲方盖章、乙方签署之日起生效。
This contract shall come into effect since both sides sign their names.
十三、本合同以中文版本为准,合同一式二份,甲、乙双方各执一份。
N.B. In case of divergence, the Chinese texts shall be regarded as authentic. Two originals, one for Party A, the other one for Party B.
甲、乙双方签署同意以上条款The above terms is agreed by:
甲方(Party A): 签署日期(Date):
英文版劳动合同2
甲方(用人单位):
代理人:
Party A (Employer):
Authorized Agent:
乙方(实习生):
Alex居民身份证号码:
ID Number:
为明确实习学生与实习单位的责任与义务,经甲、乙双方协商,在自愿、平等、公平的基础上,一致同意签订本协议。
The contract is hereby concluded by both parties to definite each other’s responsibilities, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith.
一、协议期限Contract Term
本协议自20___年___月__日起至20___年__月____日止。
二、实习岗位Job Responsibilities
甲方根据乙方的实际情况和工作需要,安排实习学生在英文编辑岗位实习,乙方应按公司的'工作要求,努力完成实习任务。 in accordance with both parties’ need and
arrangement. Party B shall fulfill his job according to company’s business requirement.
三、实习补贴Labor Remuneration
依照按劳取酬的原则,按甲方现行制度确定实习生的实习补贴。具体支付方法如下:实习补贴___美元/小时,其他奖励:根据实习生在岗工作表现而定。
Party A shall pay off salary to Party B in accordance with current salary system and regulation:
四、工作时间及休息假日Working Hours and Resting Hours
1、每周工作10小时;
1. Party B shall work for 10 hours a week.
2、每小时英文文章修改量不低于1000字;
2. Party B shall review English essays with more than 1000 words per hour.
五、合同解除、变更、终止Revocation and Termination of Labour Contracts
1、经甲乙双方协商同意,本协议可以变更或解除;
1. The contract could be revoked upon agreement between the parties hereto.
2、乙方在本合同履行期间可以在说明原因的情况下向甲方提出终止实习合同,但必须提前1个月通知甲方,并作好工作交接,否则应承担相关责任。
2. Party B cannot suspend the contract during the period of validity unless he informs Party A andexplains the reason 1 month in advance and arranges the handing-over, or Party B shall take theresponsibility of any loss of Party A.
3、实习期间,乙方无法达到实习岗位工作要求甚至对甲方项目等造成损失或的,甲方有权单方面终止实习生劳动合同,并保留追究法律责任的权益。
3. Party A has the right to suspend the contract if Party B can not meet the demand of the job,even causes loss for Party A. Party A reserves the rights to investigate for legal responsibility
六、法律效力Miscellaneous
本合同正本一式两份,双方各执一份,经甲乙双方签字后生效。
The contract is in duplicate, held by Party A and Party B respectively. The contract comes into effect upon signatures or seals of both parties.
甲方(签章):______
乙方(签字):______
Party A (Signature and seal):
Party B (Signature):
日期:___年___月___日
日期:___年___月___日
Date:
Date:
英文版劳动合同3
有限公司(以下简称甲方)系外商投资经营企业,现聘用(以下简称乙方)为甲方合同制职工。根据《劳动法》和《上海市劳动合同条例》以下简称(条例),甲乙双方本着诚信、平等、协商的原则,一致同意签定本合同。
(hereinafter referred to as “party A”) is a foreign- invested enterprise and employs xx hereinafter referred to as “party B”) as an employee by contract, according to the “labor law”and the “ordinance on shanghai labor contract”, (hereinafter referred to as “regulation”), both parties agree to sign the contract on the principle of good faith, equality and consultation.
第一条合同期限
article 1 term of the contract
合同有效期限自___至___止,为期___年。其中___至___为试用期。
The term of contract starts as from to ; totally one year(s). the probation period thereof is as from to .
第二条工作岗位
article 2 work position
乙方应从事办公室经理工作。乙方将按照甲方的要求工作。其基本职责如下: (1)人力资源(2)自德国总部进口产品(3)日常办公室事务处理(4)观察收集市场信息(5)客户服务(6)会计相关信息支持(7)销售团队相关信息支持(8)仓库管理,包括货物和样品管理
Party B shall engage office manager in. party B shall perform his duties according to instructions of party A. party B’s basic duties are detailed as follows: (1)labor management(2)import the products from German headquarter (3)manage the daily office routine (4)monitor and collect market information (5)customer service (6)support accountant with relevant information (7)support the sales team with relevant information (8)warehouse management ,including the goods and samples.
2.甲方因工作安排需要和根据乙方的工作能力和工作表现,可随时更改乙方劳动报酬,但应在国家法律规定的范围内。
According to the needs of work, the work ability and the work performance of party B, party A can change the income of party B at any time, but subject to the regulations made by the state.
3.如果甲方认为乙方的工作能力和工作表现不符合本条第1款规定的工作要求,甲方有权在任何时候调换乙方的工作岗位、工作地点及劳动报酬,或解除本劳动合同。
If party A thinks that party B’s work ability and work performance can not meet the requirements under item 1 of this article , party A has the right to change party B’s work position, the location of working, the income, or terminate the labor contract at any time.
第三条工作条件和劳动保护
article 3 working conditions and working protection
甲方须为乙方提供符合国家规定的安全卫生的工作环境,并向乙方提供必要的劳动防护用品。
Party A shall provide party B with the safe and healthful working environment and essential working protection according to the prc regulations.
第四条工作时间
article 4 working time
1.乙方每天和每周工作时间参照甲方有关规定。
The daily and the weekly working time refer to party A’s relative regulations.
2.乙方享有国家规定的法定节假日、年假和其他法律法规和员工手册规定的假日。
Party B is entitled to mandatory public holidays, the annual leave and other leaves according to laws and regulations and labor handbook.
3.乙方为甲方工作满12个月后,乙方每年可享有10天带薪休假;工作满五年后每年享有15天带薪休假;满十年后每年享有20天带薪休假。乙方要休假时,应提前壹个月向甲方提出书面申请,得到甲方书面批准后,乙方才可休假。但员工每年可以享有最多五天的跨年度带薪休假。跨年度休假必须在第二年第一季度最后一天前休完。
After working for party A for 12 months, party B is entitled to 10 days annual leave with full income each year. after working for party A for 5 years, party B is entitled to 15 days annual leave with full income each year. after working for party A for 10 years, party B is entitled to 20 days annual leave with full income each year. when party B wants to have a vacation, party B should provide an application in writing one month in advance. upon the written approval from party A, party B may have a vacation with full income. but party B may enjoy at most five days’ trans- year annual leaves that shall be completed by the last day of march in the next year.
第五条劳动报酬
article 5 compensation
1.乙方收入参照本合同中附件1的规定。甲方实行新的工资制度时,乙方的工资待遇按新的制度予以调整。
The income of party B is set out in appendix i of this contract. the income of party B will be adjusted accordingly when party A carries out a new income system.
2.甲方实行年12个月薪金制,工作满一年后,每年十二月份发双薪。发薪日为第二个月的5号左右。甲方视乙方在服务的上一年中的表现和甲方的财务状况决定乙方是否享有年终奖金。乙方若在得到年终奖金后的六个月内辞职的,应在其离开公司前返还其全额年终奖金。 Party A carries out a system of 12 months’ income each year,after he or she have worked for one year,he or she can get the double salary in decmber of each year. the day of payment is about the 5th day of the next month. the annual bonus is subject to party A’s financial situation and party B’s work performance in the previous year. if party B resigns within 6 months after party B received the annual bonus for the previous year, party B shall refund this bonus back to party A before party B leaves the company.
第六条劳动保险和福利待遇
article 6 insurance and welfare
乙方因生、老、病、伤、残、死,甲方按国家和地方有关规定办理。
If party B gives birth, retires, falls in sickness, is injured, disabled, died, party A shall deal with it according to the national and local regulations relating to birth, pension, sickness, injure, disability and death.
第七条劳动纪律及奖惩
article 7 working regulations, reward and punishment
1.乙方应遵守国家的法律法规,并遵守甲方的各项规章制度。
Party B should abide by the law and regulations and the internal rules made by party A.
2.乙方被依法追究刑事责任的,合同自动解除。
this contract shall be terminated automatically if party B is accused by criminal charge.
3.未经甲方书面同意,乙方不得在外兼职,也不能在任何情况下使用或准许他人使用其为甲方工作期间所获得的任何信息,包括但不限于,泄漏任何技术,市场或财务文件或信息给第三方。任意此类违反将被视为严重违反合同,一经发现,乙方应向甲方支付违约金50,000元人民币。如造成甲方的经济损失,乙方应当承担赔偿责任。
Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation.
4.对于甲方为了业务需要给予乙方的预支款,一般情况下,乙方应在预支后的`十个工作日内提供甲方要求的结算凭证,返还剩余预支款,与甲方完成结算;无论如何,该预支款应在预支后一个月内结算完毕。
As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting.
第八条合同的解除
article 8 terminate of the contract
1.符合下列情况之一(除了第四项),甲方可以无需事先通知乙方解除本合同:
If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance;
(1)在试用期内,甲方可无条件辞退乙方;
During the probation, party A may dismiss party B without any reason at any time;
(2)甲方认为乙方因严重违反劳动纪律或规章制度的;
Party A thinks that party B seriously violates the working discipline and stipulations;
(3)乙方严重失职、营私舞弊、泄露重要商业信息;
Party B has serious neglect of duty,jobbery or leak out of important business information;
(4)甲方认为乙方工作表现及能力不能达到本合同第二条第一款的要求;
Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;
(5)如果乙方严重违反最新<<员工手册>>及其他不时制定的规章制度。
If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.
2.符合下列情况之一的,甲方不得解除本合同,但本合同第八条第一款规定和法律法规规定的情况除外。
If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.
(1)乙方因病或非因工负伤在规定的医疗期内。
If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.
(2)实行计划生育的乙方(指女方)在孕期、产期和哺乳期间。
During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.
3.乙方提出辞职的。应提前以书面形式向甲方提出申请。未经甲方书面批准,乙方不得辞职。甲方只有在每年下述两个时期对乙方辞职申请进行答复。该两个时期为每年五月至六月(针对去年十一月至当年四月提出的申请),十一月至十二月(针对当年五月至当年十月提出的申请)。在甲方批准乙方的辞职,乙方将工作项目与甲方交接后,并将所使用的所有仪器、工具以完好,清洁,功能正常的状态返还给甲方后,方可办理解除或终止合同的手续,但是前提是乙方还应自甲方接受其辞职后根据甲方要求,继续为甲方工作二个月,除非甲方放弃该权利。该二个月期满后,双方劳动关系最终解除或终止,乙方所享有的所有待遇如工资都即刻终止,其放弃提出任何经济要求。如果乙方不按照上述规定办理离职手续,在劳动关系正式解除前未经甲方同意即停止工作或不办理交接,即视乙方放弃所有根据法律和合同其享有的权利和待遇,如休假、任何补偿金等,甲方也不再对乙方负有任何责任,并有权追究其违约责任。
If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it.
4.甲乙双方任何一方提出解除合同,应提前壹个月书面通知对方(本合同第8.1和9.3条规定的情况除外)。该书面通知原则上应由双方签字。如接受通知一方不同意签字,则通知方可将该通知以挂号信的方式邮寄至下述对方地址即视为送达。但按照本合同第8.1条(1)、(2)、(3)、(5)项规定解除劳动合同的不必提前通知对方除外。
If any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party At the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), (3),and (5),a written notice in advance is not required to be given by one party to the other party. party A’s address:
第九条双方约定其他条款
article 9 other provisions agreed by parties
1.在合同期间,所有与甲方雇用有关或执行甲方的任务或者主要是利用甲方提供的条件所完成的发明创造和成绩,无论是通过脑力或体力,均属职务发明创造,归甲方所有,未经甲方批准不得以乙方名义申请专利,不得对外公开或交付其他方使用。
All inventions and other achievements of party B whatever through intellectual as well as physical, which are made during and in connection with the employment at party A, or for completing the assignment of party A, or by the condition provided by party A, shall be deemed as employment invention and achievement and therefore belong to party A. without the approval by party A, party B shall not apply for patents and make it public and use it by other methods in the name of party B.
2.对于甲方在本合同期内向乙方提供的培训,乙方应遵守甲方的培训规定,并不得向第三方泄露培训涉及的事宜.
For each training provided by party A to party B during the term of the contract, party B shall follow the traininging instructions of party A strictly. any information provided relating to such training is not allowed to be disclosed to any third party.
3.乙方掌握甲方生产技术,专利,经营等商业秘密的,其不得向任何第三方透露任何与上述有关的信息,即使在合同终止或解除后。如果乙方在要求解除劳动合同时,应提前6个月向甲方提出书面申请,以便甲方进行必要的岗位调整,乙方同意在该期间内的工资按照调整后的岗位工资标准计算。
Where party B has access to technical, patent or management secrets, it is strictly forbidden for party B to leak out any of these information to any third party, even after termination of this contract. if party B wants to terminate this contract he should notify party A 6 months in advance with written resignation letter so that party A may move the position of party B. party B agrees that during said period, the income of party B is calculated according to the income standard for new position for party B.
第十条违约责任
article 10 breach liability
1.乙方违反本合同第八条第3款和第4款规定的时限解除劳动合同,必须支付相当于乙方一个月收入的赔偿金。
If party B violates the provisions relating to the time for terminating the contract prescribed in article 8. regulation 3 and 4 to terminate the contract, such party shall pay one-month income of party B to the other party As compensation.
2.无论双方以任何形式解除劳动关系,乙方必须及时根据甲方的要求办理完整工作交接手续,否则甲方将要求乙方支付相当于乙方一个月收入乘以乙方在甲方工作年限数的赔偿金。 Party B shall completely hand over the job in time to party A no matter under which condition to terminating the contract, otherwise party B should pay party A a compensation, amounting to one month income of party B multiplying the amount of years party B has been working for party A.
3.乙方如违反本合同第九条任意一款,乙方必须支付甲方至少50,000元人民币。
If party B violates any regulation of article 9. party B shall pay at least 50,000 rmb a penalty to party A.
第十一条劳动争议
article 11 dispute
本合同在上海签订.甲乙双方发生劳动争议时,由争议的一方或双方向上海市 区劳动争议仲裁委员会申请仲裁。
this contract is signed by both parties in shanghai. if any dispute arises between party A and party B, the dispute can be solved by applying for arbitration with the district’s labor arbitration committee of shanghai.
第十二条其他article 12 miscellaneous
1.本合同一式二份,甲乙双方各执一份,经甲方法定代表人或授权人签字和乙方签字并加盖甲方公章后生效。两份合同具有同等的法律效力。双方间的劳动关系正式从乙方的招工录用手续办理完毕之日起开始计算。
The contract is made in 2 originals, each party holding one. this contract becomes effective upon the execution of the legal representative of party A or authorized persons and party B, together with the company seal of party A. both originals have the same legal force. the labor relationship between both parties shall formally commerce as from the date of the completion of recruitment of party B.
2.本合同签署后,乙方应配合甲方办理其招工录用手续。如因乙方个人原因导致招工录用手续无法及时办理完毕,乙方应承担由此引起的一切后果。
After the execution of this contract, party B shall cooperate with party A to handle the procedure of recruitment. in the event that party B’s personal reason causes the failure of completion of such recruitment, party B shall bear all liability incurred.
3.如果与合同条款有关的国家法律法规有所变更,该合同其他部份将继续有效。
If any clause or regulation of this contract is or will become invalid due to the change of national laws and regulations, the rest of this contract will remain valid.
4.甲方不时制定或修改的规章制度及《员工手册》是本合同的组成部分。
The internal rules and employee handbook stipulated or modified by party A from time to time constitute a part of this contract.
甲方: party A:代表: representative:盖章: stamp
乙方party B:身份证号码
2.合同附件
(1) appendix no. 1
1:乙方工资待遇1.乙方的税前月工资为:工资人民币___元,试用期内为人民币___元。甲方实行新的工资制度时,乙方的工资待遇按新的制度予以调整
The monthly gross income structure of party B is like following. the basic income is rmb x in the probation and will be after it. party B’s income is subject to relevant policies and regulations of party A, which can be modified at any time.
2.未经甲方书面批准,乙方不得以任何方式从公司客户处私自收取或扣留公司应收货款。一经发现,甲方有权立即要求乙方归还,及对乙方要求相当与乙方一个月收入的违约金。
Without the written approval of party A, party B is not allowed to collect the money or keep the receivable in cash from the customers of party A in any kind of way. other wise party A has the right to ask party B give back immediately and the penalty amount one month income of party B.
甲方:___
party A:___
代表:___
representative (stamp):___
乙方:___
party B:___
身份证号码:___
id number:___
3.补充协议
(2) :保密协议
appendix no.2 non-disclosure agreement of party B
根据甲乙双方于20___年___11月___19日签订的劳动合同以下简称(合同),甲方聘请乙方担任甲方公司的办公室经理职务,鉴于乙方担任该职务将了解到甲方的商业秘密和技术秘密,经甲乙双方协商一致,双方就乙方在甲方任职期间以及离职后一定期间内保守甲方商业秘密和技术秘密事宜达成以下协议:
According to the employment contract (hereinafter referred to as “contract”) made by both parties on nov. 19th, 20xx, party A employs party B as a position of office manager. considering that party B can have access to know-how and secret of party A’s commerce and technology during the term of employment (“know-how and secret”), through friendly consultation, for non-disclosure of party A’s know-how and secret during the term of employment and certain time after party B leaves party A, both parties hereby make the following contents:
一、乙方在甲方任职期间,对其以任何方式获得的有关甲方的商业秘密和技术秘密,负有不向其他任何第三方泄露的义务。
During the term of party B’s employment, party B shall be responsible for not disclosing, laying out to any third party know-how and secret which party B has access to in any way.
二、如果由于甲方工作的需要,乙方必须向第三方提供与上述秘密有关的信息时,乙方应当事先向乙方的上司通报并获得书面许可后方可进行。
In cases where, according to working needs of party A, party B has to provide a third party with said information in respect of know-how and secret, party B shall give a report to its supervisor and obtain a written consent before such provision of information.
三、如果乙方因合同期满或其他原因致使其合同被解除而离开甲方,甲方可以在支付乙方竞业禁止补偿金人民币二万八千八百元整(28,800)元后,有权要求乙方在离职之日起两年内,不得为与甲方同行业的企业工作或提供任何服务,无论该企业注册或位于在何处。
In the event that party B leaves party A upon the expiration of contract or the termination of the contract caused by any other reasons, after party A pays party B a compensation for non-competition, amounting to rmb 28,800, party A shall have the right to demand that party B shall not work for or provide any services to any enterprise in the same industry as party A’s for 2 years, wherever such enterprise is registered or located.
四、如果乙方违反本协议第一、二条的规定,甲方有权要求乙方向甲方支付违约金人民币五万(50,000)元;如违反本协议第三条规定,乙方应向甲方支付违约金人民币十五万(150,000)元;除了上述违约金责任外,乙方应同时赔偿由于乙方的违约行为给甲方造成的一切经济损失,包括但不限于律师费用等。如乙方行为触犯我国刑法,除了上述民事责任外,乙方应承担相应的刑事责任。
If party B breaches the stipulation set forth in article 1 and 2, party A has the right to require party B to pay a penalty fee, amounting to rmb50,000; if party B breaches the stipulation set forth in article 3, party B shall pay party A a penalty fee, amounting to rmb150,000; save the said liability for the payment of penalty fees, party B shall compensate party A all losses and damages incurred from activities of breach of party B, including but not limited to attorney fees etc. in the event that activities of party B breach the criminal law of china, save said civil liability, party B shall bear corresponding criminal liability.
五、本协议中,(1)商业秘密和技术秘密是指:乙方在甲方任职期间所接触到的所有信息,包括但不限于,甲方原材料进货渠道、产品销售渠道、客户名单、合作伙伴信息、产品的成本、销售价格、生产工艺、生产设备等相关的信息,以及其它与甲方生产、经营、商业、技术、物流、财务、管理、采购、人事有关所有信息;(2)本协议所指上司是:xxx先生;(3)合同是指:以上提到的劳动合同以及该合同的修改、补充或延续。
In this agreement, (1) know-how & secret refers to all information party B has access to during the term of employment with party A, including but not limit to party A’s raw materials outsourcing channels, products sale channels, information relating to cooperative partners, list of customers and clients, cost of products, sale price, and production techniques and procedure, manufacturing equipment, together with all information relating to party A production, management, commerce, technology, logistics, finance, operation, procurement and human resources; (2) the supervisor mentioned in this agreement is mr. xxx; (3) the contract means the above mentioned contract and all amendments, supplementary documents and renewing documents of the contract.
六、乙方在此完全理解本协议第三条是否实施的决定权在于甲方;其次无论甲方是否执行第三条都不免除乙方在本协议项下其他义务的履行。
Party B hereby fully understands that the decision on carrying out article 3 of this agreement shall be made by party A; secondly, whether or not to carry out such article shall not release any liability of party B under this agreement.
七、本协议系合同的补充,如果本协议和合同的内容存在冲突,应以本协议为准,未尽事宜参照合同。
This agreement is a supplement to the contract. if any discrepancy between this agreement and the contract exists in conflict, the agreement shall prevail. unmentioned matters in this agreement shall refer to the contract.
八、本协议一式两份,甲乙双方各执一份,具有同等法律效力。
This agreement is made in two originals, each one holding one with same effect.
九、本协议自双方签字盖章后生效。
The agreement shall become effective upon the signature and seal of both parties.
甲方: ___
party A:___
代表:___
representative:___
乙方(签字):___
party B:___
签约日期:___
date:___
英文版劳动合同4
Employer:___________
Legal Representative:___________
Address:___________
Employee:___________
Name:___________
Gender:male
Address:___________
Nationality:P.R.China___________ID Card No.:___________
This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in accordance with the Labour Law of People’s Republic of China."
1.Term of the Contract:
The term of this contract is for one year and shall commence on_____,_____, and shall continue until _____,_____,unless earlier terminated pursuant to this Contract. The Employee shall undergo a probationary period of three months.
2.Job Description:
The Employer agrees to employ Mr./Ms.________(name)as ________(job title) in ________Department, located in________(office location and city).
3. Remuneration of Labour
a.The salary of the Employee shall bemonthly paid by the Employer in accordance with applicable laws and regulations of P.R.C. It shall be paid by legal tender and not less than the standard minimum salary in Tianjin.
b. The salary of the Employee is RMB$______ per month in the probationary period and RMB$ _____ after the probationary period.
c. If the delay or default of salary takes place,the Employer shall pay the economic compensation except the salary itself in accordance with the relevant laws and regulations.
4.Working Hours & Rest & Vocation
a.The normal working hours of the Employee shall be eight hours each day, excluding meals and rest for an average of five days per week, for an average of forty hours per week.
b.The Employee is entitled to all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the PRC and the company ’s work rules.
c. The Employer may extend working hours due to the requirements of its production or business after consultation with the trade union and the Employee ,but the extended working hour for a day shall generally not exceed one hour; If such extension is called for due to special reasons, the
extended hours shall not exceed three hours a day.However, the total extension in a month shall not exceed thirty-six hours.
5.Social Security & Welfare
a.The Employer will pay for all mandatory social security programs such pension insurance, unemployment insurance, medical insurance of the Employee according to the relevant government and city regulations.
b.During the period of the Contract, the Employee’s welfare shall be implemented accordance with the laws?and relevant regulations of P.R.C.
6.Working Protection & Working Conditions
a.The Employer should provide the Employee with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labor protection to guarantee the safety and health during the working process.
b.The Employer should provide the Employee with safety education and technique training; The Employee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special operations.
c. The Employee should strictly abide by the rules of safe operation in the process of their work.
7.Labour Discipline
a.The Employer may draft bylaws and labour disciplines of the Company, According to which, the
Employer shall have the right to give rewards or take disciplinary actions to the Employee;
b.The Employee shall comply with the management directions of the Employer and obey the bylaws and labour disciplines of the Employer.
c.The Employee shall undertake the obligation to keep and not to disclose the trade secret for the
Employer during the period of this Contract; This obligation of confidentiality shall survive the
termination of this Contract for a period of two (2)years.
8.Termination, Modification, Renew and Discharge of the Contract
a. The relevant clauses of the Contract may be modified by the parties:
i.The specific clause is required to be modified by the parties through
consultation;
ii.Due to the force majeure, the Contract can not be executed;
iii.The relevant laws and regulations have been modified or abolished by the time of signing the
Contract.
b.The Contract may be automatically terminated:
i) This Contract is not renewed at the expiration of this Contract;
ii) The Employer is legally announced to be bankruptcy, dismissed, or canceled;
iii)The death of the Employee occurs;
iv) The force majeure takes place;
v)The conditions of termination agreed in the Contract by the parties arise.
c.The Contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procedure within 15 days to the expiration;
d. The Contract may be discharged through consultation by the parties;
e.The Contract may be discharged by the Employer with immediate effect and the Employee will not be compensated:
i.The Employee does not meet the job requirements during the probationaryperiod;
ii.The Employee seriously violates disciplines or bylaws of the Employer;
iii.The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings
significant loss to the Employer;
iv.The Employee is being punished by physical labour for its misfeasance
v.The Employee is being charged with criminal offences:
f.The Contract may be terminated by the Employer by giving notice in written form 30(thirty) days in advance:
i.The Employee fails ill or is injured to (other than due to work) and after completion of medical
treatment, is not able to perform his previous function or any other function the Employer assigns to him;
ii.The Employee does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily;
iii.The circumstances have materially changed from the date this Contract was signed to the extent that it is impossible to execute the Contract provided, however,that the parties cannot reach an agreement to amend the contract to reflect the changed circumstances.
iv.The Employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, it is required to reduce the
emplouee.(in legal procedure)
g.The Employee shall not be dismissed :
i. The Contract has neither expired nor conformed to 8.d,8.e,8.f,8.g;
ii.The Employee is ill with occupational disease or injured due to work and has been authenticated fully or partly disabled by the Labour Authentication Commission in Baodi County, Tianjin.
iii. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy;
iv.The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or
iii.The applicable PRC laws and regulations otherwise prohibit the termination of this Contract.
h.The Contract may be dicharged by the Employee by giving notice in written form 30(thirty) days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions:
i.The Employee is still in the probationary period;
ii.The Employer force the Employee to work by violence, duress or illegal restriction to physical
freedom;
iii. The Employer does not pay the remuneration of the Employee accordance with the relevant clause in the Contract;
iv.The Employer violates the relevant regulations of State or Tianjin for its terrible safe and health
condition, which is harmful to the Employee’s health.
I.The Contract can not be terminated by the Employee before the expiration if not conforming to 8.d, 8.h,
j. The Employer shall pay the economic compensation to the Employer if the Contract is terminated conforming to 8.d,8.f,8.h.i-8.h.iv. Additional fee for medical allowance should be paid to the Employee if the Contract is terminated conforming to 8.f.i.
9.Breach Liabilities
a. Due to either party’s fault, if breaching the Contract, that party shall undertake the breach
liability according to the extent to the performance of the Contract; if the parties both breach the Contract,they shall undertake its separate liability according to the concrete situation.
b. Due to either party’s fault, if breaching the Contract to damage the other party. The damage should be compensated by the faulty party accordance with the relevant laws and regulations of PRC.
c.Due to the force majeure, causing the non-performance or the damages to either party, the other party may not undertake the breach liability;
c.The Employee wants to resign and has received training provided by the Employer, the Employee shall compensate for the training cost. The method of compensation should be fixed according to the relevant company regulations as follows:
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract is terminated by the Employee at his cause;
10.Labor Disputes
Where a labor dispute between the parties takes place during the performance of this Contract, the
parties concerned may seek for a settlement through consultation; or either party may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails 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 within 60 days starting from the date of the occurrence of a labor dispute. If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people’s court within 15 days of the date of receiving the ruling of arbitration
11.The verification of this Contract shall be made in Baodi Labour Bureau, Tianjin within 30 days after being signed by the parties.
Employer: (official stamp)___________Employee:___________
Representative :___________
Address___________Address:___________
Date: July ,20xx
It’s verified herein that the Contract conforms to the relevant laws and regulations through examination and review.
Authority;
Clerk:___________
英文版劳动合同5
有限公司(以下简称甲方)系外商投资经营企业,现聘用 (以下简称乙方)为甲方合同制职工。根据《劳动法》和《上海市劳动合同条例》以下简称(条例),甲乙双方本着诚信、平等、协商的原则,一致同意签定本合同。
(hereinafter referred to as “party A”) is a foreign- invested enterprise and employs xx hereinafter referred to as “party B”) as an employee by contract, according to the“labor law” and the “ordinance on shanghai labor contract”, (hereinafter referred to as “regulation”), both parties agree to sign the contract on the principle of good faith, equality and consultation.
第一条 合同期限 article 1 term of the contract
合同有效期限自 至 止,为期壹年。其中 至 为试用期。
The term of contract starts as from to ; totally one year(s). the probation period thereof is as from to .
第二条 工作岗位 article 2 work position
1乙方应从事办公室经理工作。乙方将按照甲方的要求工作。其基本职责如下:
(1)人力资源
(2)自德国总部进口产品
(3)日常办公室事务处理
(4)观察收集市场信息
(5)客户服务
(6)会计相关信息支持
(7)销售团队相关信息支持
(8)仓库管理,包括货物和样品管理
Party B shall engage office manager in. party B shall perform his duties according to instructions of party A. party B’s basic duties are detailed as follows:
(1)labor management
(2)import the products from German headquarter
(3)manage the daily office routine
(4)monitor and collect market information
(5)customer service
(6)support accountant with relevant information
(7)support the sales team with relevant information
(8)warehouse management ,including the goods and samples.
2. 甲方因工作安排需要和根据乙方的工作能力和工作表现,可随时更改乙方劳动报酬,但应在国家法律规定的范围内。
According to the needs of work, the work ability and the work performance of party B, party A can change the income of party B at any time, but subject to the regulations made by the state.
3.如果甲方认为乙方的工作能力和工作表现不符合本条第1款规定的工作要求,甲方有权在任何时候调换乙方的工作岗位、工作地点及劳动报酬,或解除本劳动合同。
If party A thinks that party B’s work ability and work performance can not meet the requirements under item 1 of this article , party A has the right to change party B’s work position, the location of working, the income, or terminate the labor contract at any time.
第三条 工作条件和劳动保护 article 3 working conditions and working protection
甲方须为乙方提供符合国家规定的安全卫生的工作环境,并向乙方提供必要的劳动防护用品。
Party A shall provide party B with the safe and healthful working environment and essential working protection according to the prc regulations.
第四条 工作时间 article 4 working time
1. 乙方每天和每周工作时间参照甲方有关规定。
The daily and the weekly working time refer to party A’s relative regulations.
2.乙方享有国家规定的法定节假日、年假和其他法律法规和员工手册规定的假日。
Party B is entitled to mandatory public holidays, the annual leave and other leaves according to laws and regulations and labor handbook.
3.乙方为甲方工作满12个月后,乙方每年可享有10天带薪休假;工作满五年后每年享有15天带薪休假;满十年后每年享有20天带薪休假。乙方要休假时,应提前壹个月向甲方提出书面申请,得到甲方书面批准后,乙方才可休假。但员工每年可以享有最多五天的跨年度带薪休假。跨年度休假必须在第二年第一季度最后一天前休完。
After working for party A for 12 months, party B is entitled to 10 days annual leave with full income each year. after working for party A for 5 years, party B is entitled to 15 days annual leave with full income each year. after working for party A for 10 years, party B is entitled to 20 days annual leave with full income each year. when party B wants to have a vacation, party B should provide an application in writing one month in advance. upon the written approval from party A, party B may have a vacation with full income. but party B may enjoy at most five days’ trans- year annual leaves that shall be completed by the last day of march in the next year.
第五条 劳动报酬 article 5 compensation
1. 乙方收入参照本合同中附件1的规定。甲方实行新的工资制度时,乙方的工资待遇按新的制度予以调整。
The income of party B is set out in appendix i of this contract. the income of party B will be adjusted accordingly when party A carries out a new income system.
2. 甲方实行年12个月薪金制,工作满一年后,每年十二月份发双薪。发薪日为第二个月的5号左右。甲方视乙方在服务的上一年中的表现和甲方的财务状况决定乙方是否享有年终奖金。乙方若在得到年终奖金后的六个月内辞职的,应在其离开公司前返还其全额年终奖金。 Party A carries out a system of 12 months’ income each year,after he or she have worked for one year,he or she can get the double salary in decmber of each year. the day of payment is about the 5th day of the next month. the annual bonus is subject to party A’s financial situation and party B’s work performance in the previous year. if party B resigns within 6 months after party B received the annual bonus for the previous year, party B shall refund this bonus back to party A before party B leaves the company.
第六条 劳动保险和福利待遇 article 6 insurance and welfare
乙方因生、老、病、伤、残、死,甲方按国家和地方有关规定办理。
If party B gives birth, retires, falls in sickness, is injured, disabled, died, party A shall deal with it according to the national and local regulations relating to birth, pension, sickness, injure, disability and death.
第七条 劳动纪律及奖惩 article 7 working regulations, reward and punishment
1. 乙方应遵守国家的法律法规,并遵守甲方的各项规章制度。
Party B should abide by the law and regulations and the internal rules made by party A.
2. 乙方被依法追究刑事责任的, 合同自动解除。
this contract shall be terminated automatically if party B is accused by criminal charge.
3.未经甲方书面同意,乙方不得在外兼职,也不能在任何情况下使用或准许他人使用其为甲方工作期间所获得的任何信息,包括但不限于,泄漏任何技术,市场或财务文件或信息给第三方。任意此类违反将被视为严重违反合同,一经发现,乙方应向甲方支付违约金50,000元人民币。如造成甲方的经济损失,乙方应当承担赔偿责任。
Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation.
4.对于甲方为了业务需要给予乙方的预支款,一般情况下,乙方应在预支后的十个工作日内提供甲方要求的结算凭证,返还剩余预支款,与甲方完成结算;无论如何,该预支款应在预支后一个月内结算完毕。
As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting.
第八条 合同的解除 article 8 terminate of the contract
1. 符合下列情况之一(除了第四项),甲方可以无需事先通知乙方解除本合同:
If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance;
(1)在试用期内,甲方可无条件辞退乙方;
During the probation, party A may dismiss party B without any reason at any time;
(2)甲方认为乙方因严重违反劳动纪律或规章制度的;
Party A thinks that party B seriously violates the working discipline and stipulations;
(3) 乙方严重失职、营私舞弊、泄露重要商业信息;
Party B has serious neglect of duty,jobbery or leak out of important business information;
(4) 甲方认为乙方工作表现及能力不能达到本合同第二条第一款的要求;
Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;
(5) 如果乙方严重违反最新<<员工手册>>及其他不时制定的规章制度。
If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.
2. 符合下列情况之一的,甲方不得解除本合同,但本合同第八条第一款规定和法律法规规定的情况除外。
If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.
(1) 乙方因病或非因工负伤在规定的医疗期内。
If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.
(2) 实行计划生育的乙方(指女方)在孕期、产期和哺乳期间。
During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.
3. 乙方提出辞职的。应提前以书面形式向甲方提出申请。未经甲方书面批准,乙方不得辞职。甲方只有在每年下述两个时期对乙方辞职申请进行答复。该两个时期为每年五月至六月(针对去年十一月至当年四月提出的申请),十一月至十二月(针对当年五月至当年十月提出的申请)。 在甲方批准乙方的辞职,乙方将工作项目与甲方交接后,并将所使用的所有仪器、工具以完好,清洁,功能正常的状态返还给甲方后,方可办理解除或终止合同的手续,但是前提是乙方还应自甲方接受其辞职后根据甲方要求,继续为甲方工作二个月,除非甲方放弃该权利。该二个月期满后,双方劳动关系最终解除或终止,乙方所享有的所有待遇如工资都即刻终止,其放弃提出任何经济要求。如果乙方不按照上述规定办理离职手续,在劳动关系正式解除前未经甲方同意即停止工作或不办理交接,即视乙方放弃所有根据法律和合同其享有的权利和待遇,如休假、任何补偿金等,甲方也不再对乙方负有任何责任,并有权追究其违约责任。
If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it.
4. 甲乙双方任何一方提出解除合同,应提前壹个月书面通知对方 ( 本合同第8.1和 9.3条规定的情况除外)。该书面通知原则上应由双方签字。如接受通知一方不同意签字,则通知方可将该通知以挂号信的方式邮寄至下述对方地址即视为送达。但按照本合同第8.1条(1)、(2)、(3)、(5)项规定解除劳动合同的不必提前通知对方除外。
If any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party At the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), (3),and (5),a written notice in advance is not required to be given by one party to the other party. party A’s address:
第九条 双方约定其他条款 article 9 other provisions agreed by parties
1. 在合同期间,所有与甲方雇用有关或执行甲方的任务或者主要是利用甲方提供的.条件所完成的发明创造和成绩,无论是通过脑力或体力,均属职务发明创造,归甲方所有,未经甲方批准不得以乙方名义申请专利,不得对外公开或交付其他方使用。
All inventions and other achievements of party B whatever through intellectual as well as physical, which are made during and in connection with the employment at party A, or for completing the assignment of party A, or by the condition provided by party A, shall be deemed as employment invention and achievement and therefore belong to party A. without the approval by party A, party B shall not apply for patents and make it public and use it by other methods in the name of party B.
2. 对于甲方在本合同期内向乙方提供的培训,乙方应遵守甲方的培训规定, 并不得向第三方泄露培训涉及的事宜.
For each training provided by party A to party B during the term of the contract, party B shall follow the traininging instructions of party A strictly. any information provided relating to such training is not allowed to be disclosed to any third party.
3.乙方掌握甲方生产技术,专利,经营等商业秘密的,其不得向任何第三方透露任何与上述有关的信息,即使在合同终止或解除后。如果乙方在要求解除劳动合同时,应提前6个月向甲方提出书面申请,以便甲方进行必要的岗位调整,乙方同意在该期间内的工资按照调整后的岗位工资标准计算。
Where party B has access to technical, patent or management secrets, it is strictly forbidden for party B to leak out any of these information to any third party, even after termination of this contract. if party B wants to terminate this contract he should notify party A 6 months in advance with written resignation letter so that party A may move the position of party B. party B agrees that during said period, the income of party B is calculated according to the income standard for new position for party B.
第十条 违约责任 article 10 breach liability
1. 乙方违反本合同第八条第3款和第4款规定的时限解除劳动合同,必须支付相当于乙方一个月收入的赔偿金。
If party B violates the provisions relating to the time for terminating the contract prescribed in article 8. regulation 3 and 4 to terminate the contract, such party shall pay one-month income of party B to the other party As compensation.
2.无论双方以任何形式解除劳动关系,乙方必须及时根据甲方的要求办理完整工作交接手续,否则甲方将要求乙方支付相当于乙方一个月收入乘以乙方在甲方工作年限数的赔偿金。 Party B shall completely hand over the job in time to party A no matter under which condition to terminating the contract, otherwise party B should pay party A a compensation, amounting to one month income of party B multiplying the amount of years party B has been working for party A.
3. 乙方如违反本合同第九条任意一款,乙方必须支付甲方至少50,000元人民币。
If party B violates any regulation of article 9. party B shall pay at least 50,000 rmb a penalty to party A.
第十一条 劳动争议 article 11 dispute
本合同在上海签订. 甲乙双方发生劳动争议时,由争议的一方或双方向上海市 区劳动争议仲裁委员会申请仲裁。
this contract is signed by both parties in shanghai. if any dispute arises between party A and party B, the dispute can be solved by applying for arbitration with the district’s labor arbitration committee of shanghai.
第十二条 其他 article 12 miscellaneous
1. 本合同一式二份,甲乙双方各执一份,经甲方法定代表人或授权人签字和乙方签字并加盖甲方公章后生效。两份合同具有同等的法律效力。双方间的劳动关系正式从乙方的招工录用手续办理完毕之日起开始计算。
The contract is made in 2 originals, each party holding one. this contract becomes effective upon the execution of the legal representative of party A or authorized persons and party B, together with the company seal of party A. both originals have the same legal force. the labor relationship between both parties shall formally commerce as from the date of the completion of recruitment of party B.
2. 本合同签署后,乙方应配合甲方办理其招工录用手续。如因乙方个人原因导致招工录用手续无法及时办理完毕,乙方应承担由此引起的一切后果。
After the execution of this contract, party B shall cooperate with party A to handle the procedure of recruitment. in the event that party B’s personal reason causes the failure of completion of such recruitment, party B shall bear all liability incurred.
3. 如果与合同条款有关的国家法律法规有所变更, 该合同其他部份将继续有效。
If any clause or regulation of this contract is or will become invalid due to the change of national laws and regulations, the rest of this contract will remain valid.
4.甲方不时制定或修改的规章制度及《员工手册》是本合同的组成部分。
The internal rules and employee handbook stipulated or modified by party A from time to time constitute a part of this contract.
甲方: party A: 代表: representative: 盖章: stamp
乙方 party B: 身份证号码
英文版劳动合同6
甲方:
Party A:
法定代表人(主要负责人)或委托代理人:
Legal Representative (main responsible person) or Entrusted Agent:
地址:
Address:
乙方:
Party B (Employee):
性别:
Gender:
通讯地址:
Communication Address:
居民身份证号码
ID Card No.:
联系电话:
Telephone:
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》的有关规定,双方遵循公平合法、平等自愿、协商一致、诚实信用原则,订立本合同。
The contract is hereby concluded by both parties in accordance with Labor Law of the People's Republic of China, Labor Contract Law of the People’s Republic of China, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith.
一、劳动合同期限
Contract Term
第一条本合同为固定期限劳动合同。本劳动合同期限为___年,其中试用期至___年___月___日止。本合同于___年___月___日终止。
Article 1 : Party A and Party B signs a fixed-term labor contract. The contract lasts for ___ year(s), from _________to ________. Theprobation is ____ month(s), from ________ to ________.
二、工作内容和工作地点
Working Contents and Working Place
第二条乙方同意根据甲方工作需要,担任___岗位(工种)工作。
Article 2 : Party B agrees to engage in_____________(post, work posts) according to needs of the Party A.
第三条乙方的工作地点为: 。 Article 3 : The working place of Party B is ______________.
三、工作时间和休息休假
Working Hours and Rest Hours
第四条甲、乙双方同意按以下方式确定乙方的工作时间(正常工作时间:
上午8:30—11:30,下午:12:30—17:30,11:30—12:30为午餐时间。):标准工时制,即每日工作___小时,每周工作___天。
Article 4 : Both parties agree Party B’s working hours are specified as follows (normal working hours: 8:30 – 11: 30, 12:30 – 17: 30; lunch time: 11:30 – 12: 30.) : Standard working hours system, i.e. ____ hour(s)/day, ____ day(s)/week;
第五条乙方依法享受国家规定的法定节假日。
Article 5 : Party B is entitled to have the legal holidays stipulated by the country.
四、劳动报酬
Labor Remuneration
第六条甲方每月___日以货币的形式足额支付乙方工资,结算周期为上月月到上月月末,实行先工作后发薪的制度。乙方正常工作基本月薪 。
Article 6:Party A shall pay off salary to Party B in currency on the of every month. The pay period is from the beginning to the end of last month. Party
B works before paid.
乙方在试用期期间的工资为___元。 Party B’s normal basic salary is ________. Party B’s probation period salary is RMB________.
第七条甲方调整乙方工作岗位的,根据乙方能力及其相关职位,双方协商一致后调整乙方劳动报酬。
Article 7: Party B’s labor remuneration will be adjusted as per Party B’s competence and job requirements on the basis of consensus in case Party A adjust Party B’s job.
五、社会保险及其他保险福利待遇
Social Welfare and Benefits
第八条甲方按国家和地方政策规定为乙方办理社会保险有关手续,并承担相应的义务。 Article 8 : Party A shall deal with the relevant formalities of social security for Party B according to the country and local policies and take up the relevant liabilities.
第九条乙方患职业病或因工负伤后的工资和医疗补助执行按照国家和地方的有关法律法规执行。 Article 9: The salary and Medicare benefits of Party B in case of occupational diseases or work-related injuries shall be paid in accordance with the relevant national an local laws and regulations.
第十条乙方患职业病或因工负伤的待遇按国家的有关规定执行。
Article 10: If Party B suffers illness or non-work related injury, Party A shall implement relevant state provisions.
六、劳动保护、劳动条件和职业危害防护
Labor protection, labor condition and occupational harm prevention and cure
第十一条甲方根据生产岗位的.需要,按照国家有关劳动安全、卫生的规定为乙方配备必要的安全防护措施,发放必要的劳动保护用品。 Article 11: Party A shall equip Party B with the necessary safety protection measures and issue the necessary labor protection articles according to the needs of the post and the rules of the labor safety and hygiene.
第十二条甲方应当建立、健全职业病防治责任制度,加强对职业病防治的管理,提高职业病防治水平。
Article 12 : Party A shall set up and optimize the occupational disease cure responsibility system, enforce the management over the occupational disease and promote the cure level of the occupational disease.
七、劳动合同的解除、终止和经济补偿
Change, Cancellation, Termination and Renewal of the Labor Contract
第十三条甲乙双方解除、变更、终止、续订劳动合同应当依照《劳动合同法》和国家及省、市等有关规定执行。
Article 13 :If the parties revoke, modify, terminate and extent the labor contract, they shall perform them according to the relevant rules of the LaborContract Law and the country, province and city etc.
第十四条甲方应在解除或者终止劳动合同时,为乙方出具解除或者终止劳动合同的证明,并在15日内为劳动者办理相关手续。乙方应在甲方出具解除或者终止劳动合同的证明后10日内办理工作移交,如涉及经济补偿的按国家有关规定在办结工作交接时支付。
Article 14:Upon the revocation or termination of the labor contract, Party Ashall issue the certification for revocation or termination of the labor contract to Party B and deal with the relevant formalities for the laborer within fifteen
(15)days. Party B shall make the work handover within ten (10) days after issuance by Party A of the certificate of revocation or termination of the labor contract Regarding any economic compensation, they shall be paid upon the handover of the work according to the rules of the country.
八、劳动争议处理
Labor Dispute Resolutions
第十五条双方发生争议,任何一方当事人可向甲方所在地的劳动争议仲裁委员会申诉,由仲裁委员会依法调解或裁决。如对仲裁不服,向甲方所在地人民法院起诉,一方当事人期满不起诉但又不执行裁决的,另方当事人可向人民法院申请强制执行。
Article 15:In case disputes arise between two parties, either party can appeal to
labour disputes arbitration commission at party A’s location, subject to mediation or adjudication by arbitration commission. In case of disobedience of arbitrationresult, either party can sue to the court at party A’s location. Either party neitherbrings the lawsuit during the valid period nor performs the adjudication; the otherparty has the right to apply for forcible execution to the court.
第十六条乙方承诺本合同乙方通讯地址为甲方向乙方寄送邮件信函的地址,甲方按该地址寄送的邮件信函如无法送达被退回即视为该邮件已送达乙方。
Article 16:Party B promises his correspondence address of the contract shallbe the address that Party A sends the letters or mails to Party B. If any letters ormails are not returned or undeliverable after Party A sends them, it is deemed thatthey have arrived at Party B.
第十七条本合同未尽事宜,应按国家现行法律、法规、规章执行。本合同条款如与国家法律、法规、政策相抵触时,以国家规定为准。
Article 17:Affairs unmentioned in this contract shall be executed accordingto present laws, statutes and regulations of the state. In case any contradictionarises between the articles of this contract and laws, statutes or policies of the state,the latter shall be referred to as final.
第十八条本合同一式两份,甲乙双方各执一份,经甲乙双方签字盖章后生效。
两份合同具同等法律效力。
Article 18:The contract is in duplicate, held by Party A and Party B respectively. The contract comes into effect upon signatures or seals of both parties. The two copies areequally authentic.
甲方(公章):______
Party A:______
法定代表人(主要负责人)或委托代理人:______
乙方:______
签订日期:______年______月___日
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