聘用合同 中英版 样本范文

聘用合同 中英版 样本范文聘用合同（中英版）Employment Contract聘用合同Party A:甲方：Address:地址：Legal Representative:法定代表人：Party B:乙方：Home Address:家庭住址：Birth Date：出生日期：ID/Passport Number（身份证/护照号码）:Pursuant to the Labor Law of the Peoples Republic of China and other relevant regulations, in consideration of the mutual promises and covenants made herein, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Party A and Party B (collectively referred to as the Parties) hereby agree as follows:根据中华人民共和国劳动法及其他有关规定，经相互讨论协商，仔细考虑并充分沟通了解，甲、乙双方（以下并称为“双方”）就如下条款达成一致：Chapter 1- General Provisions第一章 总则1.In accordance with the labor laws and regulations of the Peoples Republic of China (the PRC or China) and through friendly consultation on the basis of equality, Party A and Party B agree to enter into this Contract under the terms and conditions as set forth below:根据中华人民共和国（“中国”）劳动法律法规，甲、乙双方经平等、友好协商，同意签订本合同，共同遵守如下条款：Chapter 2- Term第二章 期限2.This Contract shall be a contract with a fixed term of 3 years, from December 26, 2011(Starting Date) to December 26, 2014.本合同为有固定期限的合同，期限为3年，从2011年12月26日开始（以下简称“起始日”）至2014年12月26日为止。3.The probation period shall be three months, from the Starting Date to 3/26/2012. At any time during such probation period, Party B is entitled to immediately terminate this Contract; if Party B is unqualified for the employment requirements of Party A, Party A is entitled to immediately terminate this Contract. For the purposes of confirming whether Party B is qualified or not for the relevant requirements, Party A is responsible for evaluating Party Bs performance and ability during such period, and shall be entitled to make the final decision at its sole discretion. Upon the termination under this Article 3, unless otherwise specifically provided herein or in the Confidential Information, Invention Assignment and Non-Competition Agreement as described in Article 22 hereof, neither party shall be responsible for performing any obligations to the other hereunder.试用期为3个月，从起始日起至2012年3月26日。试用期内乙方有权随时终止本合同；在此期间，若乙方无法胜任甲方工作要求，甲方也有权随时终止本合同。甲方负责考核乙方的表现和能力以确定其是否胜任，并最终决定是否在试用期间终止本合同。依照本条款规定终止合同后，除另有特别约定或本合同第22条关于保密与不竞争协议的约定外，任何一方不再向对方负有任何义务。4.If upon the expiration of the term, Party A and Party B agree to renew this Contract, they shall execute the Agreement to Renew Employment Contract attached to this Contract as Appendix A, or shall execute a new employment contract.合同期限届满时，如果双方同意续约，应签订本合同附件A的聘用合同续期协议，或者重新签订聘用合同。Chapter 3- Scope of Work第三章 工作范围5.Party B agrees to assume the position of Chief Financial Officer pursuant to the work needs of Party A.根据甲方的工作需要，乙方同意担任首席财务官职位。6.Both Parties acknowledge that, Party A shall have the right to change the type of work, job title and position, job duties and work location of Party B at any time according to the business needs of Party A or ability or work performance or actual situation of Party B, provided, however, that such change shall be made in good faith with reasonable causes. Party B shall be subject to any such changes as deemed necessary and appropriate in the sole judgment of Party A.双方同意，甲方有权根据业务需要、乙方的能力、工作表现或其实际情况，基于诚信与合理原则，随时调整乙方的工作类型、职务、职位、工作职责和工作地点。对于甲方任何前述必要适当的单方调整，乙方应予以遵守服从。Chapter 4- Duties of Party B第四章 乙方的义务7.Party B hereby agrees that, in addition to the duties and responsibilities otherwise set forth herein, during the term of this Contract, Party B shall:乙方同意，除本合同规定的义务与责任之外，乙方在合同期间内还须：7.1devote his/her full time, attention and skills during the normal working hours designated to him/her hereunder exclusively to the performance of his/her duties hereunder, and effectively perform his/her duties and make his/her best endeavors to ensure the satisfactory accomplishment of the assignment to him/her by Party A; and在规定的工作时间内，将其全部时间、精力和技能，仅用于履行本合同规定之义务上，并有效地行使其职责，尽最大努力确保完满完成甲方委派的工作；和7.2perform his/her duties hereunder faithfully and diligently for Party A in accordance with the terms hereunder, the rules and policies of Party A and the applicable laws and regulations, engage in no activities which are in violation of any PRC laws or regulations or may be prejudicial to the interests of Party A, and seek no personal gains, directly or indirectly, by utilizing his/her position or power in Party A.遵守本合同的条款、甲方的内部规章制度及有关法律法规，对甲方恪尽职守，不从事任何违反中国法律、法规的活动，不从事损害甲方利益的活动，不利用其在甲方的职务或职权直接或间接地为个人牟取私利。Chapter 5- Work Schedule, Labor Protection and Working Conditions第五章 工作时间、劳动保护和工作条件8.Party B shall work five (5) days per week, eight (8) hours per day, with the average working hours not exceeding forty (40) hours per week. Party A shall have the right to change the work schedule of Party B including the starting and closing time of such schedule based on the business requirements of Party A under the general guidance of this Section. Due to the business needs, Party A may require Party B to work overtime upon consultation with Party B in accordance with the relevant laws and regulations, including requiring Party B to work on weekends or public holidays.乙方的工作时间为每周五（5）天，每天八（8）小时，每周平均不超过四十（40）小时。依照本条规定，甲方有权调整乙方的工作时间，包括根据业务需要调整上下班时间。根据业务需要及依照有关法律法规，甲方经与乙方协商后可要求其加班，包括在周末和法定假日加班。9.Party A shall provide Party B with appropriate working conditions and facilities, and Party B shall comply with the rules and regulations of work safety and sanitation formulated by Party A.甲方应向乙方提供适当的工作条件和设施，乙方应遵守甲方制定的劳动安全卫生制度。10.Party A will be responsible for providing education and training to Party B on business technologies, labor safety and sanitation and articles of association of Party A.甲方负责为乙方安排业务技术、劳动安全卫生制度及公司章程的教育和培训。Chapter 6- Remuneration第六章 报酬11.In consideration of the duties and obligations assumed by Party B under this Contract, Party A shall pay salary to Party B in amount confirmed in writing per month, which will be payable on 20 of each corresponding month.根据乙方承担的本合同项下的责任和义务，甲方将于每月20日向乙方支付书面确认的工资数。12.During the term of employment under this Contract, Party A will decide the earning prior to tax of Party B based upon Party As then current salary systems and position adjustment policies. Party A will pay the payment through the individual bank account designated by Party A or through other means Party A deems proper. The amount of salary will be stipulated otherwise by Party A.在本合同的聘用期内，甲方将根据其现行工资制度和职位调整政策决定乙方的税前收入。工资将由甲方支付到其指定的个人银行帐户或以其认为适当的其他方式支付。工资的数额将由甲方另行规定确定。13.Party B shall be responsible for the payment of due and payable individual income tax resulting from the salary and other remuneration paid by Party A in accordance with the relevant PRC laws and regulations. Party A, as the withholding person, shall withhold the individual income tax and other due and payable tax of Party B prior to paying the remuneration to Party B as required by law.乙方应依照中国相关法律法规的规定承担其从甲方获取的工资和其他报酬的个人所得税。依照法律规定，甲方作为扣缴义务人，应在支付乙方报酬前代扣代缴其个人所得税及其他应缴税款。14.Party A shall have the right to adjust the salary and welfare of Party B appropriately based on the capability, experience, attitude, performance, achievement, working-age and position of Party B as well as according to the salary and position adjustment policies and business conditions experienced by Party A.甲方有权根据乙方的工作能力、经验、态度、表现、工作成绩、工龄和职务，并依据甲方的工资和职位调整政策及经营状况适当调整乙方的工资和福利待遇。15.Party A shall deduct the following from the salary payable to Party B in accordance with the relevant PRC laws and regulations:依据中国有关法律法规，甲方应从支付给乙方的工资中作出如下扣减或扣除：15.1The individual income tax of Party B;乙方的个人所得税；15.2The part of the society insurance and other welfare benefits which are to be borne by Party B;社会保险和其他福利金中乙方个人应承担的部分；15.3All compensation or fines payable by Party B and withheld by Party A on the effective court verdict or arbitration decision;所有要求甲方代扣的法院判决和仲裁裁决中乙方应付的赔偿或罚款；15.4All compensation or fines payable by Party B to Party A according to this Contract, the appendixes of this Contract, rules or articles of association of Party A or court verdict or arbitration decision.所有根据本合同及附件、甲方的规章制度和公司章程、法院裁判或仲裁裁决应由乙方支付给甲方的赔偿或罚款。16.Party A may, in its discretion, pay a bonus to Party B based upon Party As business operation situation and articles of association. The detailed amount, conditions and form will be set forth by Party A. Notwithstanding the above, paying bonus should not be deemed as an obligation of Party A.甲方可以根据其业务运营情况和公司章程规定，自行决定是否向乙方发放奖金，并有权决定奖金的具体数额，发放条件和发放形式。但无论前款如何规定，发放奖金并非甲方的义务。Chapter 7- Insurance, Welfare and Leave第七章 保险、福利和休假17.The Parties shall pay premiums for social security insurance schemes such as Pension, Unemployment, Medical Insurance, etc. in accordance with relevant PRC laws and regulations.双方依照中华人民共和国有关法律法规规定，缴纳养老、失业、医疗等社会保险。Chapter 8- Labor Discipline第八章 劳动纪律18.Party B shall abide by the Working Rules and articles of association stipulated by Party A pursuant to laws. Party B shall strictly adhere to proper instructions and decisions of Party A, take care of all assets of Party A, and abide by professional morality.乙方应遵守甲方依法制定的劳动纪律和公司章程，严格服从甲方的指令和决定，保管好甲方的全部资产，并遵守职业道德。19.In case Party B violates the Working Rules or articles of association of Party A, Party A may impose punishment to Party B in accordance with the Working Rules or articles of association of Party A.若乙方违反了甲方的劳动纪律或公司章程，甲方可以依照规定对乙方进行处罚。20.Party A has the right to require Party B to compensate the economic losses caused by Party Bs violation of relevant laws, Working Rules or articles of association of Party A.对于乙方违反有关法律、劳动纪律和公司章程而给甲方造成经济损失的，甲方有权要求乙方赔偿其损失。21.Party A has the right to appropriately amend its rules or articles of association at any time based on its business needs. Party A shall notify Party B in any way Party A deems proper, including but not limited to, through notice, announcement, e-mail and memorandum of any such changes.甲方有权根据经营需要随时合理地修改劳动纪律和公司章程，但甲方应以其认为适当的方式告知乙方，这些方式包括但不限于通知、公告、电子邮件和备忘录。Chapter 9- Confidentiality第九章 保密责任22.Party B shall keep the proprietary and confidential information of Party A confidential and shall abide by any confidentiality rules set forth by Party A. Party B shall not take, use of or disclose any material or information of Party A to any third party except on behalf of Party As and with Party As prior written consent. Party B shall execute and abide by the Non-disclosure and Non-Competition Agreement (Confidentiality Agreement).乙方应对甲方的专有信息和秘密信息保密，遵守甲方相关保密政策。除非为了甲方利益或经甲方事先书面同意，乙方不得使用或向任何第三方泄露任何甲方的资料和信息。乙方应签署并遵守保密与不竞争协议（下称“保密协议”）。23.Party B agrees that Party A may disclose his/her personal information including, but not limited to, Party Bs name, address, nationality, position, payment, bank account, this Contract and its renewal and amendment, as directly or indirectly required by Party As reasonable business and operation.乙方同意，甲方有权根据直接或间接的合理运营需要，披露乙方的个人信息，包括但不限于乙方的姓名、地址、国籍、职位、工资、银行帐户、本合同及其续约和变更情况。Chapter 10- Modification, Termination and Extension of the Employment Contract第十章 聘用合同的变更、终止和延期24.In case a modification occurs in the laws and administrative regulations that govern this Contract, the corresponding part of this Contract and appendixes shall be modified accordingly. In case a major change occurs in the circumstances under which this Contract was concluded or there is any conflict between this Contract and the relevant PRC laws and regulations, so that this Contract cannot be performed anymore, the relevant part of this Contract may be modified upon agreement between Party A and Party B through amicable consultation based on the requirements of the relevant PRC laws and regulations.若适用于本合同的法律法规被修订，本合同的相应部分或附件也应相应地进行修订。如果订立合同时所依据的客观情况发生重大变化或者本合同与中国的有关法律法规相冲突，致使合同无法履行，双方可以根据中国有关法律法规，通过友好协商协议变更合同的相关部分。25.This Contract may be terminated upon mutual agreement between Party A and Party B in writing.双方可以通过协商一致的方式书面终止本合同。26.Party A shall have right to unilaterally terminate this Contract with immediate effect without any prior written notice under the following circumstances, and will notify Party B of such termination:出现下列情形，甲方无须事先书面通知，有权单方终止本合同。但甲方应将该终止决定告知乙方，该终止立即生效：26.1The termination of this Contract during the probation period under Article 3 hereof;于试用期内，依据本合同第3条规定的终止情况；26.2Party B seriously violates the labor disciplines or the rules or regulations of Party A (including but not limited to the Working Rules or articles of association of Party A);乙方严重违反公司劳动纪律、规章制度的（包括但不限于劳动纪律和公司章程）；26.3Party B causes serious damage to the interests of Party A due to Party Bs serious dereliction of his/her duties (including but not limited to, his/her duties under Article 7 hereof), or his/her engagement in malpractices for seeking personal gains; or乙方严重失职（包括但不限于本合同第7条规定的职责）或者营私舞弊给甲方利益造成重大损害的；或者26.4Party B is criminally prosecuted under the law.乙方被依法追究刑事责任。27.Party A may terminate this Contract by serving 30 days prior written notice to Party B in any one of the following circumstances:有下列情况之一的，甲方可以提前30天书面通知乙方终止本合同。27.1where Party B, after undergoing a legally prescribed period of medical treatment and recuperation for an illness or a non-work-related injury, remains unable to carry out the original job, and is also unfit for the job otherwise assigned to Party B by Party A;乙方患病或非因工负伤，法定医疗期和恢复期满后，不能从事原工作也不能胜任甲方为其另行安排的工作的；27.2where Party B is unable to fulfill the duties of his/her position to the standards required under the terms hereof or by Party A, and, despite undergoing further training or a transfer of his/her position, remains unable to do so;乙方不能胜任按照合同条款或甲方规定的标准的要求，经过培训或者调整工作岗位仍不能胜任的；27.3where this Contract cannot be performed due to any major changes of any objective circumstances under which this Contract was concluded, and following consultation, Party A and Party B cannot agree upon the necessary modification to be made to this Contract.订立合同所依据的客观情况发生重大变化，致使合同无法履行，双方无法就合同的必要变更通过协商达成协议的。28.The term major changes of any objective circumstances stipulated in Section 27.3 includes but not limited to:第27.3条中的“客观情况的重大变化”包括但不限于：28.1Merger of Party A into another business entity, or sale or transfer by Party A of substantial portion of the assets it owns to other enterprises or third parties;甲方被其他企业单位兼并，或甲方资产的关键部分被出售或转让给其他企业或第三方；28.2Material adjustment in operative policy or material changes in operative situation of Party A;甲方经营策略的重大调整或经营环境的重大变化；28.3Serious difficulty incurred in the operation of Party A;甲方经营发生严重困难；28.4Entry into the period of clearing up, or stop of manufacture or business totally or partially by Party A;甲方进入治理整顿或生产经营处于全部或部分停滞阶段；28.5Declaration of bankruptcy, dissolution or liquation by Party A;甲方宣布破产、解散或清算；28.6Decision of Party A in ceasing the research and development which directly relates to Party Bs work according to the need of business development of Party A and/or the actual market situation; or甲方根据业务发展或实际的市场状况决定终止与乙方工作直接相关的研究和开发；28.7Laws or regulations newly promulgated by the government that makes either Party or both Parties not able to perform this Contract.根据政府新颁布的法律法规，任一方或双方无法履行本合同。29.Party B may resign his/her job and terminate this Contract during the Contract term with a prior written notice of 30 days to Party A. In case Party B causes economic losses to Party A that have not been completely reimbursed or due to other legally permitted reasons, Party B cannot request to terminate this Contract. Besides, Party A shall have the right to deduct any such amount of economic losses from corresponding salary and any other remuneration due and payable to Party B under Article 15 thereof, and claim the compensation from Party B for the losses Party A suffers therefrom.合同期内，乙方有权辞职并终止合同，但应提前30天书面通知甲方。在甲方的经济损失没有获得完全补偿前或法律规定的其他原因，乙方不得提出终止本合同。另外，甲方就其遭受的经济损失有权从第15条规定的应支付给乙方的相应工资或任何其他报酬中予以扣减，以抵免损失，或要求乙方赔偿。30.In the event that Party A is close to bankruptcy or faces a bad business situation or serious difficulty in the operation, Party A shall explain the situation to its employees. After having solicited opinions from the employees, and reported the situation to the administrative department for labor, Party A may terminate this Contract.甲方濒临破产、经营不善或经营状况发生严重困难时，应向职工说明情况，征得职工的谅解，并经向劳动行政管理部门报告后，甲方可以终止本合同。31.Party A shall not terminate this Contract in accordance with Articles 27 and 30 hereof where any one of the following circumstances about Party B arises:乙方有下列情形之一的，甲方不得根据本合同第27条、第30条的规定终止本合同：31.1Receiving medical treatment for diseases or injuries related to work within the stipulated period of time;患病或因工负伤，正处于规定的医疗期内；31.2Being a female staff member during her pregnancy, maternity and lactation; or女职工在孕期、产期、哺乳期内的；或31.3Suffering from an occupational disease or a work-related injury and having been confirmed by the labor verification committee of the municipality or district as being totally or partially unable to work after the medical treatment.患职业病或因工负伤，医疗终结，经有关劳动鉴定委员会确认丧失或者部分丧失劳动能力的。32.In any of the following circumstances, Party B may notify Party A at any time of his/her wish to terminate this Contract:有下列情形之一的，乙方可以随时通知甲方终止本合同：32.1Within the probation period;在试用期内32.2Where Party A forces Party B to work by means of violence, intimidation, detention or illegal restriction of personal freedom;甲方以暴力、威胁、拘禁或者非法限制人身自由的手段强迫乙方劳动的；32.3Failure of Party A to pay labor remuneration or to provide working conditions as agreed under this Contract.甲方未能按照本合同约定支付劳动报酬或提供劳动条件的。33.Upon the termination of this Contract, Party B shall cease conducting any activities on Party As behalf or complete the uncompleted matters pursuant to Party As request, and settle all accounts with Party A. Party B shall, within 3 days of the termination of this Contract, return all the property he or she has in his/her possession but is the property of Party A. If Party B fails to complete the above hand-over procedures, Party A could refuse to handle the procedures of termination for Party B and may set-off any amounts due to Party B for the losses Party A suffers therefrom.合同终止时，乙方应立即停止以甲方名义从事一切活动或应甲方的要求完成未了事务，结清所有帐目。乙方应在合同终止之日起3日内归还其占有的甲方的全部财产。乙方未能完成上述交接手续的，甲方可以拒绝办理乙方的离职手续，并可用支付给乙方的款项抵销甲方由此遭受的损失。Chapter 11- Economic Compensation and Repayment第十一章 经济补偿与赔偿34.Party A shall provide economic compensation and/or medical subsidies to Party B pursuant to relevant laws and regulations in case Party A terminates this Contract according to Article 25, 27 and 30 of this Contract and applicable laws and regulations.若根据本合同第25条、第27条、第30条及相关法律法规的规定终止本合同的，甲方应依法向乙方提供经济补偿和/或医疗补助。35.In case Party A fails to pay salary, economic compensation or medical subsidies to Party B according to relevant laws and regulations and stipulations of this Contract, Party A shall bear the statutory liability for indemnification to Party B.甲方未根据有关法律法规规定及本合同的约定向乙方支付工资、经济补偿或医疗补助的，应承担法定的赔偿责任。36.If Party B terminates this Contract in breach of the terms and conditions specified herein, Party B shall indemnify Party A for its losses incurred therefrom according to the relevant laws and regulations.乙方违反本合同条款而终止本合同的，应依据法律法规规定赔偿由此给甲方造成的损失。37.Before Party B is trained or recruited by Party A at Party As expense, Party A may require Party B to sign agreements stating that if Party B resigns from his/her job, Party B