劳动合同书英文版.doc

No.:LABOR CONTRACTParty A (Employer)Name: _Address: _Industrial Registration Type: _Place of Performance: _Legal Representative: _Party B (Employee)Name: _Gender: _Date of Birth: _Educational Level: _Registered Permanent Residence: _Current Residential Address: _ID card No.: _Social Security No.: _Employment Registration Certificate No.: _Contact: _PREPARED BY THE DEPARTMENT OF LABOR AND SOCIAL SECURITY OF JIANGSU PROVINCEREPRINTED BY DANYANG LABOR AND SOCIAL SECURITY BUREAUThis Contract is hereby concluded by both parties in accordance with the Labor Law of the Peoples Republic of China, Labor Contract Law of the Peoples Republic of China and Regulations of Jiangsu Province on Labor Contract and relevant laws, rules and regulations, on the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith. Article 1Contract Term Party A and Party B agree to decide the “labor contract term” according to the form specified in the following _: 1. Party A and Party B signs a fixed-term contract. The contract lasts for _ year(s) from _to _, including the probation period from _to _;2. Party A and Party B signs a non-fixed-term labor contract starting from the date of _, including a probation period from _ to _. Article 2Job Description 1. Party B shall, according to Party As requirement and after negotiation, be engaged in _. Party A may reasonably adjust Party Bs job or appoint Party B to do another job according to its business requirements as well as Party Bs competence and performance on the principle of faithfulness. Party B shall obey such arrangement. 2._Article 3Working Hours, Rest and Vacations 1. Both parties agree that Party Bs working hours shall be: averagely 48 hours/week, 8 hours/day and every Sunday shall be the day of rest. 2. Party A shall strictly abide by legal working time and have control of overtime, so as to ensure Party Bs rest and physical and mental health. In case Party A has to arrange overtime work for Party B due to business requirement, it shall firstly negotiate with and acquire the approval of the labor union and Party B and shall arrange Party B to take compensatory leave afterwards or pay Party B for overtime work according to law. Article 4Labor Protection and Working Conditions 1. Party A has the obligation to inform Party B of those jobs that may cause occupational diseases and shall provide education and training of occupational safety and health to Party B to avoid industrial accidents and reduce occupational hazards. 2. Party A must provide safety and health conditions that comply with regulations of the state and necessary labor protection. If Party B is to be engaged in work with occupational hazards, a regular medical check should be provided. 3. Party B shall strictly abide by the safety rules and disciplines made by Party A. Party B shall have the right to refuse to obey Party As mangers illegal command or take forced risky works. 4. Party A shall provide protection to Party B according to special protection for female and juvenile workers as specified by the state. 5. Where Party B has illness or catches non-work-related injury, Party A shall implement regulations of the state about medical treatment period. Article 5 Labor RemunerationWage shall be paid by Party A to Party B at least once a month in monetary form and shall not be deducted or delayed without reason. Party B provides normal work during legal working time and the wage paid by Party A to Party B shall not be lower than local minimum wage. 1. Party A promises the end of month is the pay day. 2. Wage paid to Party B during his/her probation period shall not be lower than local minimum wage. After expiry of Party Bs probation period, wage paid to Party B shall be subject to corresponding piece wage of the company. Article 6Social Welfare & Benefits 1. Both parties hereto shall attend social insurance and pay social insurance charges on time. The part that shall be paid by Party B according to law will be withheld from Party Bs wages and paid by Party A. 2. Party A shall make public various social insurance premiums paid for Party B. Party B shall have the right to inquire Party As payment of premiums and Party A shall provide assistance. 3. In case of industrial injury to Party B, Party A shall be responsible for timely treatment of Party B, apply to the labor and social security administrative department for industrial injury recognition within specified time period, go through working capability appraisal according to law and perform necessary obligations for Party Bs receiving of industrial injury medical treatment. 4. Party B shall receive relevant welfare and benefits as stipulated by the state according to law and Party A shall implement accordingly. Article 7Labor Disciplines Labor disciplines established by Party A shall comply with laws, rules and policies of the state and establishment of such disciplines shall go through democratic process and Party B shall be informed of such disciplines. Article 8Terms for Negotiation After negotiation between the two parties, Party A and Party B agree to choose _to stipulate terms of this contract. 1. Where Party Bs job is related to Party As commercial secrets, Party A shall negotiate in advance with Party B on terms of confidentiality or non-competition and sign confidentiality agreement or non-competition agreement with Party B. 2. Where Party A funds to recruit or train Party B and requires Party B to perform his/her service period, it shall acquire Party Bs consent in advance and sign agreement to specify the rights and obligations of both parties. 3. Where Party A funds to provide other preferential treatment to Party B, such as _ (housing, car, etc.) and requires Party B to perform his/her service period, it shall acquire Party Bs consent in advance and sign agreement to specify the rights and obligations of both parties. 4. Other terms that shall be agreed upon by both parties: _Article 9Conditions for Termination of the Labor Contract Both parties agree through negotiation that the Contract will terminate in case any of the following conditions occurs: 1. The Contract turns invalid due to expiration; 2. Party B has begun to receive the basic old-age pension according to law; 3. Party B is dead, pronounced dead or pronounced missing by the Peoples Court; 4. Party A is declared bankruptcy according to law; 5. Party As business license is revoked; Party A is compelled to close down or dissolve; Party A decides to dissolve in advance; or 6. Other situations stipulated in laws and administrative provisions. Article 10Liability for Breach of the Labor Contract 1. Once the Labor Contract is concluded, it shall be legally binding upon both parties. Both parties shall comply with regulations on performance, change, termination, dissolution, expiration, renewal of the Contract and economic compensation upon dissolution of the Labor Contract. 2. Where either party violates the Labor Contract deliberately or negligently preventing total or partial performance of the Labor Contract and causing economic losses to the other party, the party shall assume compensation liability according to regulations or agreements. prevent total or partial performance by either of the Parties. Article 11 Settlement of Labor Disputes 1. Any labor dispute arising from or related to the performance of this Contract shall be settled through negotiation. In case both parties are unwilling to settle the dispute through negotiation or no settlement can be reached through negotiation, the case may be submitted to the labor dispute mediation committee of the unit; in case the mediation fails, the case may be submitted to the labor dispute arbitration committee for arbitration. Party A and Party B may also directly apply to the labor dispute arbitration committee for arbitration. The party who applies for arbitration shall submit written application to the labor dispute arbitration committee within sixty days of the day on which the labor dispute happens. In case any party disagrees with the arbitration award, the party may appeal to the Peoples Court within fifteen days after receiving the arbitral award. 2. Where Party A violates labor laws, regulations and rules impairing Party Bs legitimate rights, Party B shall have the right to report to the administrative department of labor security and relevant department. Article 12Miscellaneous1. During the term of the Labor Contract, when Party Bs registered permanent residence, current residential address or contact changes, it shall notify Party A in time. 2. Other issues not mentioned herein shall be subject to relevant laws and statues of the state. In case therere no relevant regulations, the issue may be settled by both parties through negotiation. 3. This Contract shall not be altered. 4. In case this Contract is written in both Chinese and a foreign language, and their content differs, the Chinese version shall prevail. 5. This Contract is in duplicate; each of the two parties shall hold one original copy. 待添加的隐藏文字内容26. This Contract shall come into force since the date on which it is signed. Signature of Legal Representative: Signature of Party B: or signature of entrusted agent: Official Seal of Party A:Date:Date:Where the two parties voluntarily apply for labor contract verification, the application shall be submitted to the administrative department of labor security within thirty days of the day on which the labor contract is signed. Official Seal of the Verification Organization: Verifier: Verification Date:Appendix: Record of Labor Contract ChangeBoth parties agree after negotiation to make following changes of the labor contract signed on _: Signature of the Legal Representative: Signature of Party B: or Signature of Entrusted Agent: Official Seal of Party A: Date: Date: Official Seal of the Verification Organization: Signature of Verifier: Date: