中国劳动合同书中英文版本

精选资料编 号 劳 动 合 同 书甲 方（用人单位）： 乙 方（劳 动 者）： 大连市人力资源和社会保障局制二一四年三月 LABOR CONTRACTIn accordance with the Labor Law of the Peoples Republic of China, the Labor Contract Law of the Peoples Republic of China and the Regulations on the Implementation of the Labor Contract Law, Party A and Party B follow the principles of legal fairness, equality, voluntariness, consensus and good faith. This contract, and commitment to common compliance. Shanghai XXXXX Co., Ltd. (hereinafter referred to as Party A)AndName of Employee:_ Identification Card No.: _(hereinafter referred to as Party B)Article 1Term of Contract and Probation Period1. The term of this Contract shall be _ years _ months, from dd mm yy to dd mm yy, during this: there shall be a probation period of _ years _ months, from dd mm yy to dd mm yy.2. This Contract shall take effect on the day Party B actually commences work for Party A.3. During probation period, Party A shall perform a performance review on Party B, and shall decide whether to formally hire Party B based on Party Bs work performance and capabilities. The probation period shall end upon notice from Party A of Party Bs formal hiring, and Party B shall become Party As formal employee. In the event that Party A does not believe that Party B fully meets hiring conditions, Party A may extend the probation period in accordance with applicable rules. During the probation period, in the event that Party A does not believe that Party B meets hiring conditions and decides not to hire Party A, this Contract shall be terminated automatically. 4. On the day Party B reports to work, Party B shall provide Party A with the labor certificate or relevant severance certificates from Party Bs previous employer. In the event such proof is not provided within half a month, Party B must have a reasonable application and may get an extension only after Party A gives consent, and said extension shall not exceed one month. In the event that Party B fails to provide relevant proof within the prescribed timeframe, this Contract shall be automatically terminated.Article 2Job Post and Job Duties 1. Party B shall hold the position of _ with the department of _. Party B shall complete his work according to the job duties defined by Party A. 2. Party A may change Party Bs job due to Party As business need or due to Party Bs capabilities or performance. Party B shall have the right to make his own comment, but shall comply with Party As work arrangements,and shall complete the procedures for change according to the rules.Article 3Work Conditions and Labor Protection 1. Party A shall implement a 40-hour work week system. Due to business needs, management, sales and service departments, etc., shall implement an irregular work system or comprehensive work hour system. 2. In the event that Party A needs Party B to work overtime due to business needs, Party A may provide makeup breaks or compensation. 3. Party A shall provide Party B with a work environment and labor protection measures consistent with the requirements of the Chinese Government.Article 4Compensation 1. In accordance with the current salary system of Party A, Party Bs total monthly salary shall be RMB_. At the end of the probation period, Party Bs monthly salary shall be issued in the following manner. a. The base amount shall be RMB_ , of which _% shall be the performance review bonus, which shall be issued after being floated according to Party As performance review system. b. The salary shall be RMB_, plus a bonus. The bonus shall be issued in accordance with relevant requirements of Party A. 2. Party A shall issue the salary for the previous month on the 10th of each month. 3. Party Bs personal income adjustment tax shall be borne by Party B himself, and shall be withheld by Party A. 4. Party A may pay Party B a certain amount of subsidies and bonuses depending on the business operating status and Party Bs work performance. 5. In the event that Party A implements a new salary system, adjusts salary levels or in the event that Party Bs duty post and position is changed, Party A may make an adjustment to Party Bs salary in accordance with the relevant rules.Article 5Labor Insurance, Welfare and Benefits 1. Party shall pay relevant social insurance to designated authorities on Party Bs behalf in a timely manner in accordance with government requirements. 2. Party B shall be entitled to legal holidays specified by the Chinese Government, as well as paid leaves, such as annual vacations, marital leave, bereavement leave and maternity leave, etc. 3. During Party Bs employment with Party A, in the event of Party Bs sickness or non-job related injuries, Party B shall set Party Bs medical leave in accordance with government requirements.Article 6Labor Discipline 1. Party B shall strictly comply with the various rules and regulations prepared by Party A in accordance with law. 2. In the event that Party B has complied with rules and regulations in an exemplary manner or in the event that Party B has violated such rules and regulations, Party A shall reward and discipline Party B, as the case may be.Article 7Termination of, Changes to, Renewal and Dissolution of Labor Contract 1. Upon the occurrence of any one of the following circumstances, this Labor Contract shall be terminated: a) The expiration of this Labor Contract; b) Party A has been declared bankrupt in accordance with law; c) Party A has been dissolved or revoked in accordance with law; d) Party Bs retirement, severance or death; e) Other circumstances specified by laws and regulations; 2. This Labor Contract may be terminated upon consensus between Party A and Party B; 3. Upon its expiration, this Labor Contract may be renewed upon mutual agreement between Party A and Party B; 4. Due to change of products, adjustment to business operations or due to policy adjustments and other changes of circumstances, Party A may change the relevant contents of this Contract and complete the procedures for such changes; 5. Party B may terminate this Labor Contract at any time upon the occurrence of any one of the following circumstances: a) Party B is in the probation period; b) Party A forces Party B to perform labor through force, threat or illegal restriction on Party Bs personal freedom; c) Party A fails to pay labor compensation or provide work conditions; d) Upon confirmation by labor protection and labor health oversight authorities, Party As work safety and health conditions do not meet the standards of laws and regulations; 6. Party B must give Party A 30 days of written notice when it requests termination of this Labor Contract. In the event that any special provisions have been covenanted regarding the deadline for advance notice, the requirement for such a prescribed deadline shall be met. 7. Upon the occurrence of any one of the following circumstances, Party A may terminate this Labor Contract, but must give Party B 30 days of written notice: a) In the event that Party B becomes sick or suffers non-work related injuries, after Party Bs medical leave has ended, Party B still has not recovered, or although Party B has recovered, Party B cannot perform the work on the original duty post or any other work arranged by Party A; b) Party B is incompetent, and still remains incompetent even after training or even though Party Bs duty post has been adjusted; c) There have been major changes to in objective circumstances used as the basis for the execution of this Labor Contract, rendering it impossible to perform the original Labor Contract, and the parties are still not able to reach an agreement on changes to this Labor Contract after their consultations; 8. Party B may terminate this Labor Contract at any time upon the occurrence of any one of the following circumstances on Party Bs part: a) Party B proves that Party A has not met the hiring conditions during the probation period; b) The cumulative number of days of Party Bs absence without leave and leave exceeds the number of days allowed by Party A; c) Party B seriously violates the labor discipline or the rules and regulations of the company; d) Party B neglects his duty and is engaged in malpractice for personal gains, causing substantial loss to Party A; e) Party B is held criminally liable in accordance with law; and f) Other circumstances specified by laws and regulations. 9. The performance of this Labor Contract shall be suspended upon the occurrence of any one of the following circumstances: a) Party B is drafted into military service or performs other legally mandated obligations specified by the state; b) Party B is temporarily unable to perform the obligations under this Labor Contract, but there are still conditions and possibilities for the employee to continue to perform them; and c) Other circumstances set forth by laws and regulations or covenanted by this Labor Contract.Article 8Liabilities for Breach of This Labor Contract 1. Upon the termination, dissolution of this Labor Contract or upon the occurrence of liability for breach of same, legal liabilities shall be undertaken in accordance with the applicable provisions of the Labor Law and state laws and regulations. In the event that any economic losses or damages have been caused to the other party, liabilities for damages shall be in accordance with law. 2. In the event that when Party A terminates this Contract in accordance with Section 7, Article 7, and Party B terminates this Contract in accordance with Section 7, Article 7 and Clause 2, Section 2, Article 9, if no advance notice is given in accordance with the prescribed requirements or if advance notice is insufficient, compensation shall be paid at the number of deficient days multiplied by the average number of days of Party Bs actual monthly salaries. 3. When Party B is engaged in professional and technical work or has access to Party As trade secrets or in the event Party B terminates this Contract in violation of Clause a, Section 2 and Section 3 Article 9 during the period of required service, Party B shall be liable for breach of contract and pay a penalty equivalent to three months salaries. 4. In the event Party B has received training funded by Party A and terminates this Contract in violation of Clause a to Clause e, Section 8, Article 7 during the period of required service, Party B shall compensate Party A for the training fee, which shall be decreased by the year in accordance with the applicable state requirements.Article 9Other Matters Covenanted By the Parties Through Consultations 1. Confidentiality a) Party A maintains a strict policy on confidentiality. Any violation by Party B of the confidentiality rule shall be a serious violation of this Contract. Upon severance, Party B shall not photocopy, take away or disclose in any manner any documents or information belonging to Party A, and shall maintain trade secrets for Party A. 2. Denial of Access to Secrets a) Party B shall maintain trade secrets for Party A. Relevant workers who engage in professional and technical work or who have access to trade secrets shall give Party A three months of written notice when they request termination of their labor contracts. During this time, Party A may take corresponding measures to deny access to secrets. b) During Party Bs denial of access to secrets, Party A shall have the right to adjust Party Bs duty post, and may adjust Party Bs duty post salary based on the current duty post. 3. The Required Service Period a) In the event that Party A has spent funds to hire Party B, has provided training or other special treatment to Party B, Party A may covenant a required service period with Party B. b) In the event that Party B terminates this Labor Contract during the required service period, Party B shall give Party A two months written notice, and shall compensate Party A in accordance with relevant requirements. At the same time, Party A may adjust Party Bs duty post. 4. Non-competition a) Party B agrees not to be hired by another company without approval during the term of this Contract. b) Party B agrees not to engage in direct or indirect business contact with Part A and the affiliates thereof without approval for one year after the termination of this Contract; shall not engage in actions in competition with Party A and the affiliates thereof or engage in business of a similar nature in any manner, and Party A shall provide corresponding compensation. 5. Intellectual Property: Party A shall own the rights to all intellectual property created by Party B relating to Party Bs employment during the service period, including inventions, creations, all patents, copyrights and other intellectual properties. 6. Other Covenants - - - - - -Article 10For matters not covered by this Contract, decisions shall be made by referenceto applicable provincial and local laws, regulations and policies, as well asthe system of the company. In the absence of specific rules, such matters shallbe resolved by Party A and Party B through friendly consultations.Article 11In the event that the provisions of this Contract contravene applicableprovincial laws, regulations and policies, applicable provincial laws,regulations and policies shall control.Article 12This Contract shall be in duplicate copies, with one copy for each of theparties, and shall take effect upon affixation thereto of the signatures andseals of the parties.Party A (Seal)Shanghai XXXXX Co., Ltd.Signature of Authorized Representative: Date: dd mm yyParty Bs signature: Date: dd mm yy依据中华人民共和国劳动法、中华人民共和国劳动合同法及劳动合同法实施条例相关法律、法规的规定，甲乙双方遵循合法公平、平等自愿、协商一致、诚实信用的原则，订立本合同，并承诺共同遵守。In accordance with the Labor Law of the Peoples Republic of China, the Labor Contract Law of the Peoples Republic of China and the Regulations on the Implementation of the Labor Contract Law, Party A and Party B follow the principles of legal fairness, equality, voluntariness, consensus and good faith. This contract, and commitment to common compliance. 一、双方当事人基本情况First, the basic situation of the parties第一条 甲方(用人单位)名称 法定代表人、主要负责人或委托代理人 单位类型（企业、其他） 经济类型 组织机构代码证号 注册登记地 省 市 区（县） 街(乡) 号实际经营地 省 市 区（县） 街(乡) 号联系人及联系电话 第二条 乙方(劳动者)姓名 性别 居民身份证号码 或者其他有效身份 证件名称及号码 户籍所在地 省 市 区（县） 街(乡) 号实际居住地 省 市 区（县） 街(乡) 号通讯地址、电子邮箱及联系电话 。第三条 乙方联系方式发生变更，应及时通知甲方。二、劳动合同期限第四条 本合同期限经双方协商一致，采取下列第 种形式：（一）固定期限：自 年 月 日起至 年 月 日止。其中，试用期自 年 月 日起至 年 月 日止。（二）无固定期限：自 年 月 日起。其中，试用期自 年 月 日起至 年 月 日止。（三）以完成一定工作任务为期限：自 年 月 日起至 完成时止。三、工作内容和工作地点第五条 甲方根据工作需要安排乙方在 岗位，从事 工作，工作地点为 。甲乙双方可以签订岗位协议书，约定岗位具体职责和要求。第六条 乙方应按照甲方安排的工作内容及要求，认真履行岗位职责，按时完成工作任务，遵守甲方依法制定的规章制度。四、工作时间和休息休假第七条 甲方安排乙方所在岗位实行下列第 种工作时间制度：（一）标准工作时间制度：乙方每日工作不超过8小时，平均每周工作不超过40小时，每周休息日为 。（二）不定时工作制。甲方在保障乙方身体健康并充分听取乙方意见的基础上，应采取集中工作、集中休息、轮休调休、弹性工作等适当方式，确保乙方的休息休假权利和生产、工作任务的完成。（三）以 (月、季、年)为周期综合计算工时工作制，平均日和平均周工作时间不超过法定标准工作时间。实行不定时工作制和综合计算工时工作制的，甲方应报经人力资源社会保障行政部门批准后实行。第八条 甲方按照国家有关规定及企业生产经营需要，合理安排乙方工作时间，依法保证乙方的休息权利，保证