劳动合同英文模板.docx

劳动合同英文模板Labor Contract Date: Page 1/7 Labor Contract Party A (Employer): Name: Registration Address: Legal Representative: Economic Type: Party B (Employee): Name: * Sex: * Date of Birth: * Nationality: * Household Register: * I.D. No.: * Contact Address: * Code: * WHEREAS, * (Party A) intends to engage * (Party B) as its an employee under labor contract system. In accordance with the Labor Contract Law of the Peoples Republic of China and relevant laws and regulations and the rules and regulations formulated by our Company according to law, Party A and Party B conclude and enter into this Contract on the basis of voluntariness, equality and mutual consultation. Both parties shall jointly abide by the terms and conditions specified in the Contract and undertake to take the Contract as a basis for both parties to solve disputes, if any. I. Duration of Contract This is a fixed-term contract which is valid from *to *. 1. The probation period is from (date) to (date). 2. Party A may dissolve the Contract immediately in case Party B is proved during the probationary period not satisfy the requirements of employment, provided that Party A pays the actual amount of wage payable to Party B for the current month. 3. Party As requirements on recruitment of employees shall be subject to the contents specified in its recruitment information, position description (job responsibilities), employee manual, rules and regulations, etc., and relevant regulations of the State shall prevail, if any. 4. In case that any party raises any objections prior to expiry of the Contract, the party may require not renewal of the Contract, and the Contract shall be terminated upon its expiry. II. Post of Duty, Job Responsibilities and Working Hour 1. Based on the state of operation, Party A now appoints Party B to the *Department as a/an * (Grade: *) (post/ position). The initial work place is in Shanghai. See the position description for specific job content. In accordance with the needs of operation and Party Bs capacity (in profession, work and health) and job performance, Party A may adjust Party B's job post/ position or work place. Party B shall have authority to say his/her own opinions, nevertheless, Party B shall subject to the needs of operation and the reasonable job Page 2/7 adjustment made by Party A. 2. Party B shall, according to the job responsibilities, complete corresponding tasks on schedule and with quality and quantity guaranteed. 3. Party A adopts 40-hour per week working system. According to the operational characteristics of some positions, Party A may, after obtaining the approval of the Labor Administration Department, adopt flexible working hour system and the work system with integrative computation of working hours. III. Labor Protection and Working Conditions 1. Party A shall, in accordance with the regulations of the State, provide to Party B a good working environment and labor protection measures, establish and improve labor safety and hygiene systems and execute the same closely. 2. Party A shall, in accordance with the job Party B engaged in, provide necessary labor protection articles and offer health examination regularly for the labors who engage in the jobs with occupational hazards. IV. Labor Remuneration, Insurances and Welfare 1. The amount of Party Bs monthly pretax income is RMB *Yuan inclusive of various subsidies and allowances provided by the State and Shanghai Municipal Government. Party A may, when adopting new wage system or adjusting wage level based on Party B job performance or the market factors, adjust Party Bs wage level in a reasonable way. Party A executes relevant regulations of the State and the municipal government on the minimum wages system; Party A adopts the system of adjustment of wages according to the posts. 2. The pay day of Party A is the last working day of each month. Party A shall pay to Party B his/her labor remuneration in monetary terms by the month and shall, through bank, transfer the payment directly to the Employees account. Once Party B finds that Party A has miscalculated any of his/her labor remuneration for the current month, Party B may, within thirty (30) days since the payment of the labor remuneration of the current month. 3. Party A shall, pursuant to the regulations of the State, withhold and remit Party Bs personal income tax from Party Bs wage income. 4. Party A shall, pursuant to the regulations of the State and of Shanghai Municipal Government, effect social insurance and housing fund for Party B, and as to the parts that should be paid by Party B, Party A shall withhold and remit them upon paying the wages on behalf of Party B. 5. The leaves, expenses and treatments entitled to Party B as a result of work-related injuries or suffering of occupational diseases shall be executed in accordance with relevant regulations of the State and of Shanghai Municipal Government. 6. The medical treatment period, medical expenses, sick leaves and other treatments entitled to Party B as a result of diseases or non-work related injuries shall be executed in accordance with the regulations of the State, of Shanghai Municipal Government and of Party A. 7. Party B shall, within the duration of the Contract, be entitled to all welfare and Page 3/7 treatments provided by the State and by Party A. 8. Party B shall, within the duration of the Contract, be entitled to various leaves provided by the State, and the treatments during vacation shall be executed according to relevant regulations of the State and of the Shanghai Municipal Government. V. Labor Discipline 1. Party B must abide by laws, rules and regulations of the State and the employee manual and other rules and regulations formulated by Party A. 2. Party A shall, pursuant to the rules and regulations of State and of Party A, have authority to manage or impose rewards and punishment on Party B. Party A may impose rewards or punishment on Party B until the Contract is dissolved in case that he/she has violated any of the aforesaid rules and regulations; and Party A may, as per relevant regulations, give corresponding rewards to Party B, in case that he/she has observe the aforesaid rules and regulations exemplarily. VI. Termination and Dissolution of Contract 1. Upon expiration of this Contract, provisions in Paragraph 4 of Article I of this Contract shall be executed. 2. In case any of the following circumstances occurs, the Contract shall be terminated: Party A is declared bankrupt according to law; Party A has its business license revoked, is ordered to close down or decides to dissolve ahead of schedule; Party B has started receiving basic old age insurance pension in accordance with the law; Party B dies, or is declared dead or missing by a Peoples Court; or Other circumstances specified in laws or regulations. 3. The Contract may be dissolved in case that both parties herein have reached a consensus. 4. Party B may dissolve the Contract by informing Party A of his/her intent of dissolution of the Contract with a written notice thirty days in advance. In case Party B is in the probation period, he/she may dissolve the Contract by informing Party A of the dissolution three days in advance. 5. In case any of the following circumstances occurs, Party B may dissolve the Contract at any time by informing Party A. Where Party A fails to provide labor protection and working conditions in accordance with the Labor Contract; Where Party A fails to pay labor remuneration in full and on schedule; Where Party A fails to pay social insurance premiums for Party B according to law; Where Party As rules and regulations violate laws and regulations, thereby harming Party Bs rights and interests; Where the Contract is invalidated due to the reason of Party A; or Page 4/7 Other circumstances as specified in laws or administrative statutes enable Party B to dissolve the Contract. 6. In case any of the following circumstances occurs, Party A may dissolve the Contract by informing Party B of the dissolution with a written notice thirty days in advance, or one months wage in lieu of notice: Where after the regulated period of medical leave for an illness or non-work related injury expires, Party B is incapable of performing his/her original work or is incapable of performing an appropriate new job as arranged by Party A; Where Party B is proved incompetent and remains incompetent after training or adjustment of his position; or Where a major change in the objective circumstances relied upon at the time of conclusion of the Labor Contract hinders continued fulfillment of the original contract and, after consultations, Party A and Party B are unable to reach a consensus on amending the Labor Contract. 7. In case any of the following circumstances occurs, Party A may dissolve the Contract at any time by informing Party B of the dissolution: Where Party B is proved during the probation period not to satisfy the requirements of employment; Where Party B materially breaches Party As rules and regulations; Where Party B commits serious dereliction of duty or practices graft or corruption, causing substantial economic damage to Party A; 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; Where the Contract is invalidated due to the reason of Party B; or Where Party B has his/her criminal liability investigated in according to law. 8. In case any of the following circumstances to Party B, Party A may not dissolve the Contract pursuant to Paragraph 6 of this Article: Where Party B is engaged in operations exposing his/her to occupational hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having suffered an occupational disease and is being diagnosed or under medical observation; Where Party B has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury; Where Party B has suffered an illness or sustained a non-work related injury, and the mandatory medical treatment period has not expired; Where Party B is a female employee and in her pregnancy, delivery, postpartum, or lactation period; Where Party B has been working for Party A continuously for no less than fifteen years and is less than five years away from his/her mandatory retirement age; Where Party B finds himself/herself in other circumstances stipulated in laws or administrative regulations. Page 5/7 9. Party A shall provide the economic compensations for termination or dissolution of the Labor Contract according to relevant regulations of the State and of Shanghai Municipal Government on the scope and standards of economic compensation. VII. Modification of Labor Contract 1. Modification of the Labor Contract means the behavior of the parties herein, after reach a consensus, to amend, supplement or abolish the terms and conditions of the original labor contract. 2. When modifying the Labor Contract, both parties shall conclude and enter into a written agreement for the modification. VIII. Confidentiality 1. Party B shall have an obligation to maintain the confidentiality of any of the proprietary data and materials or any other business documents (hereinafter referred to as “Business Secrets”) that Party B deems as secrets or confidences. Party B shall not, without Party As prior written consent, disclose or provide any of Party As Business Secrets or any of business secrets that Party A has promised a thirty party to keep them confidential that Party B has known, contacted or learned to any other party. Party A may have authority to decide at his own discretion that all technologies and business data included in the Business Secrets shall also be deemed as Business Secrets, including but not limited to meeting contents, decisions, considerations, business channels, customer lists, financial transactions, account numbers, documents, files, letters, samples, software, etc. 2. Party B undertakes that he/she will never use the Business Secrets or any of its part to any other purposes beyond Party As needs and requirements. In the event of violation of the promise or causing any economic losses to Party A, Party B shall bear corresponding legal liabilities. 3. Party A shall have authority to require all the employees who are deemed as key employees by Party A to sign a confidentiality agreement. IX. Liabilities for Breach of Contract 1. Any of the two parties herein causes any economic losses to the other party due to violation of the Contract shall make corresponding compensations according to the subsequences and the size of responsibilities. 2. Where Party B has accepted any professional training (including abroad study) provided by Party A during the contract period, a particular service period agreement shall be concluded and entered into by and between both parties herein to define the rights, obligations and liabilities for breach of contract. 3. The particular agreement for specifying the special treatments mentioned above concluded and entered into by and between both parties herein shall be taken as an appendix to the Contract and be equally authentic as the Contract. X. Miscellaneous Matters Necessary to Define Page 6/7 XI. Conciliation and Arbitration of Labor Disputes 1. Where a dispute arising from the performance of the Contract may be resolved by both parties herein through mutual consultations; in case the dispute is not resolved through consultations, any of the two parties may, within one year since the date when the dispute is occurred, apply for arbitration to the Labor Disputes Arbitration Committee at Party As locality. The limitation period of the arbitration shall be computed from the date when the party concerned has know or should know the fact that his/her interests have been infringed. 2. Where the party refuses to accept the arbitration award, the party may, within fifteen days since the receipt of the arbitral award, institute legal proceedings to the Peoples Court at Party As locality. XII. Any matters not expressly stated herein shall be executed in accordance with the laws and regulations of the State and of Shanghai Municipal Government; in case there is no such regulations, the parties herein may reach an agreement as an appendix to the Contract; where any regulations violates relevant laws and regulations of the State or of Shanghai Municipal Government, the laws and regulations of the State or of Shanghai Mu