Labor Contract
Labor
Contract
Changxing
Chisen Electric Co., Ltd. (hereinafter referred to as "Party A")
Address:
Xxxxxx Xxxx, Xxxxxxxx Xxxxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx
Name
of
Employee:__________ Gender: Date
of Birth: Nationality:
(hereinafter
referred to as "Party B")
Education
Degree:
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ID
Card Number:
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Address:
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Hereby
execute this Contract in accordance with the applicable provisions of “The Labor
Law of the People’s Republic of China” and other laws and regulations on the
basis of equality and consensus.
1、Term
of
Contract and Probation Period
The
term
of this Contract shall be ,commencing on dd mm yy and ending on dd mm yy during
this: there shall be probation period of___ years ___ months, from dd mm yy
to
dd mm yy.
2、Job
Description:
Party
B
shall hold the position of ________(job title) in ________Department, located
in
________(office location and city).
3、Labor
Safety & Working Conditions
Party
A
should provide Party B 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. Party B should
strictly abide by the safety operation specification.
4、Working
Hours & Rest & Vocation
In
accordance with the laws and regulations of the PRC and the company’s work
rules.
5、Remuneration
The
annual pay of Party B
is ,
which should be paid by month.
6、 Labour
Discipline
Part
B
shall comply with the management directions of Part A and obey the bylaws and
labor disciplines of Part A.
7、Termination,
Modification, Renew and Discharge of the Contract
a.The
relevant clauses of the Contract may be modified by the parties through
consultation.
ⅰ.
The
circumstances have materially changed from the date this Contract was signed
to
the extent that it is impossible to execute the Contract provided.
ⅱ.Part
B
does not meet the job requirements.
x.Xxxxx
A
may terminate this Labor Contract at any time upon the occurrence of any one
of
the following circumstances on Party B’s part:
ⅰ.Part
B
does not meet the job requirements during the probationary
period;
ⅱ.Part
B
provided the false certificate or labor relations document.
ⅲ.Part
B
seriously violates disciplines or bylaws of Part A;
ⅳ.Part
B
seriously neglects his duty, engages in malpractice for selfish ends and brings
significant loss to Part A;
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x.Xxxxx
B
is held criminally liable in accordance with law or is being punished by
physical labor.
x.Xxxxx
A
may terminate this Labor Contract at any time upon the occurrence of any one
of
the following circumstances:
ⅰ.Part
B
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 Part A assigns to him;ⅱ.Part
B
does not show satisfactory performance and after training and adjusting measures
is still not able to perform satisfactorily;
ⅲ.Part
B is
not able to perform his previous function, however, that the parties cannot
reach an agreement by amending the contract.
ⅳ.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.
d.Part
B
shall not be dismissed upon the occurrence of any one of the following
circumstances:
ⅰ.Part
B is
ill with occupational disease or injured due to work and has been authenticated
fully or partly disabled by the Labour Authentication Commission
ⅱ.Part
B is
woman who is pregnant, on maternity leave, or nursing a baby.
ⅲ.Part
B 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
cumulative number of years of Party B’s work exceeds 15 years, and is less than
5 years from Party B’s statutory retiring age.
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ⅴ.Other
circumstances specified by laws and regulations.
e.Part
B
may inform Part A to discharge the Contract at random under the following
occasions:
ⅰ.Part
B is
still in the probationary period;
ⅱ.Part
A
force Part B to work by violence, duress or illegal restriction to physical
freedom.
ⅲ.
Part A
violates the relevant regulations of State for its terrible safe and health
condition, which is harmful to Part B’s health.
f.
Other
than the circumstance mentioned above, the contract can be discharged through
consultation by the parties.
g. |
When
the term of contract expires or the termination condition happens,
the
contract terminates.
When the labor relationship is terminated, Party B should hand over
the
job to the successor.
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8、.Social
Security
During
the period of the Contract, Part B’s social security fees will be deducted in
the payment by Part A.
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
the force majeure, causing the non-performance or the damages to either party,
the other party may not undertake the breach liability;
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c.
Due
to
either party’s fault, if breaching the Contract damaged the other party. The
damage should be compensated by the faulty party accordance with the relevant
laws and regulations of PRC.
10、Part
B
wants to resign and has received training provided by Part A, Part B shall
compensate for the training cost.
11、Part
B
should strictly abide by the policies
on confidentiality of the company, if violated, Part
B
should pay the penalty for RMB10,000.
12、Parties
should strictly abide by the contract after it takes into effect.
13、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. If one of the parties is not satisfied with the adjudication of
arbitration, the party may bring the case to a people’s court.
14、This
Contract shall be in duplicate copies, with one copy for each of the
parties.
Party
A (seal)
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Party
B' signature:
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Date:
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dd
mm yy
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