劳动合同(英文版).docx

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1、键入文字劳动合同(英文版)Labour ContractEmployer:Legal Representative:Position: PresidentAddress: Post code:Employee:Name: Gender:Address: Nationality:ID Card No.:D ate of Birth:E ducation Degree:This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in accorda

2、nce with the Labour Law of Peoples Republic of China.1.Term of the Contract:The term of this contract is for _ years and shall commence on_,_, and shall continue until _,_, unless earlier terminated pursuant to this Contract. The Employee shall undergo a probationary period of _months.2.Job Descript

3、ion:The Employer agrees to employ Mr./Ms._(name) as _(job title) in _Department, located in _(office location and city).3. Remuneration of Laboura. 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 t

4、ender and not less than the键入文字standard minimum salary in Tianjin.b. The salary of the Employee is RMB$_ per month in the probationary period andRMB$ _ after the probationary period.c. If the delay or default of salary takes place, the Employer shall pay the economic compensation except the salary i

5、tself in accordance with the relevant laws and regulations.4.Working Hours & Rest & Vocationa. The normal working hours of the Employee shall be eight hours each day, excluding mealsand rest for an average of five days per week, for an average of forty hours per week.b. The Employee is entitled to a

6、ll legal holidays and other paid leaves of absence in accordancewith 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 itsproduction or business after consultation with the trade union and the Employee ,but the extend

7、ed working hour for a day shall generally not exceed one hour; If such extension is calledfor due to special reasons, the extended hours shall not exceed three hours a day. However, thetotal extension in a month shall not exceed thirty-six hours.5.Social Security & Welfarea. The Employer will pay fo

8、r 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 Emplo yees welfare shall be implemented accordance with the laws and relevant

9、 regulations of P.R.C.6.Working Protection & Working Conditionsa. 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 guaranteethe safety and health during the working process.

10、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 andacquire qualifications for such special operations.c. The Employee should strictly abide by the rules of safe operation

11、 in the process of their work.键入文字7.Labour Disciplinea. 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;a. The Employee shall comply with the management directions

12、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 Contrac

13、t for a period of two (2) years.8.Termination, Modification, Renew and Discharge of the Contracta. The relevant clauses of the Contract may be modified by the parties:i. The specific clause is required to be modified by the parties throughconsultation;ii. Due to the force majeure, the Contract can n

14、ot 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, dismiss

15、ed, or canceled;i) The death of the Employee occurs;i) The force majeure takes place;i) 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

16、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:键入文字i. The Employee does not meet the job requirements during the probationaryperiod;ii. The Employ

17、ee 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 misfeasancev. The Employee is being charged wit

18、h 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 f

19、unction 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

20、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, u

21、nder 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 par

22、tly 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 mat

23、ernity leave, or nursing a baby under one year of age; or键入文字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

24、 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 Employ

25、ee 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 Employees health.I. The Contract can not be terminated by the Employee before the expiration if not confor

26、ming 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 Liabilitiesa. Due to e

27、ither partys 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 partys

28、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.a. Due to the force majeure, causing the non-performance or the damages to either party, the other party may not undertake the bre

29、ach 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

30、) in the Company if the Contract is terminated by the Employee at his cause;键入文字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

31、 by the Employee at his cause;10.Labor DisputesWhere 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 med

32、iation; 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 th

33、e 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 peoples court within 15 days of the date of receiving the ruling of arbitration11.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 ,2003Its verified herein that the Contract conforms to the relevant laws and regulations through examination and review.Authority;Clerk:

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