广州市劳动合同(英文版)

广州市劳动(英文版) Guangzhou Employee Labor Contract Employer: Innovative Technology XXX Guangzhou Ltd. Address: Employee (Party B): ID Number: Printed by Guangzhou Labor Bureau - 1 - Guidance 一、Before signing the contract, the two parties shall carefully read every details of the contract. Legal validity shall take effect upon the two parties’ signing the contract and the two parties shall strictly performance according to the terms of the contract. 二、The contract must be signed personally by the legal representative (or entrusted person) of the employer (Party A) and the employee himself/herself (Party B) with the chop of the employer (or Labor Contract Special Chop) that shall be deemed effective. 三、The contract is applicable to all employers of this city and all of their employees; Please note down the employee’s employment feature (Including contracted employee, contracted employee with Hukou transfer from the other cities, contracted employee not transferring Hukou, employee without city or town Hukou) in the first paragraph, but the contract valid period for the employee without city or town Hukou (Excluding contracted employee not transferring Hukou) shall not exceed one year. 四、The blank column in the contract shall be decided by the two parties by negotiation and discussion, and the content must be clearly indicated; for the column with no indicated content, please mark with “/”. 五、With regard to the issued not covered in the contract, please list into the column of “Other issues shall be clarified by the two parties” or through signing other supplementary agreement as the attachment of the contract that fulfilled together with the contract. 六、The contract shall be filled with pen with clear letter, simple and accurate words, any unauthorized change shall not be allowed. 七、The original contract (with attachment) is in triplicate, two held by Party A and Party B respectively after verified, one for filing by the verification institute, the three originals are of the same legal effect; any unauthorized change or illegal signature without authorization of the contract shall be deemed invalid. - 2 - Innovative Technology XXX Guangzhou Ltd. _____________________________(Party A) herein employ ________________(Party B) the two parties sign the contract to build up labor relationship based on volunteer parity and mutual agreement according to the related laws and legal regulations of “Labor Law of The People’s Republic of China” and “Guangzhou Labor Contract Administration Regulations”, and follow and fulfill the contract together. 一、Contract Valid Period (一)The two parties agree with the __ __ term as below to decide contract valid period: 1. Fixed valid period: From__ _(Date)__ _(Month)__ _(Year) to __ _(Date) __ _(Month)_ __(Year); contract valid period is _ _(Years)_ _(Months); 2. Unfixed valid period: From _ __(Date)__ _(Month)__ _(Year) to the time when the termination term stated in the contract happens. 3. Valid period is decided by certain working task: From ___(Date)___(Month)___(Year) to ____________when the working task finishes; the time when finish of the working task and termination of the contract shall be determined by _____________________. (二)The two parties agree with before ________moths is the probation period of contract valid period. 二、Job Description (一) Party B’s working post (location, department, job feature of title) _____________________________________________________________________ 三、Labor Payment (一) Party A shall decide Party B’s salary no lower than RMB _____/ month according to the company’s salary system based legal salary regulation; Part B’s probation salary shall be RMB_______/month. (二)Party A shall pay salary to Party B in currency in monthly and regular way, the date of salary payment shall be ____ (Date) of each month. 四、Social Insurance The two parties shall participate into social insurance including according to the national provincial and local regulations related to social insurance. 五、Labor Protection and Labor Conditions (一)Upon approval of Party A and Party B’s working post, Party B shall work____ working hour according to Part A’s requirement. (二)Party A provide labor protection facilities and labor conditions conforming to national regulations according to the related national, provincial and local labor protection regulations to truly guarantee Party B’s safety and health during production and working. 六. Working Disciplines Both parties should obey national laws and regulation, and Party B should strictly obey all kinds of laws and national regulations from Part A’s impartation, obey all kinds of regulations and working disciplines prepared by Party A legally. 七、 The Change, Dismantlement, Termination and of the Labor Contract - 3 - (一) Due to the change in the objective conditions of Party A at the time of signing the contract, or due to the personal reasons of Party B, both of the parties have the right to change the terms of the contract or dismantle the contract according to the national labor law. (二)When changing the labor contract, the two parties should sign <>. st (三)If economic loss occurs due to the dismantlement of the contract by Party B ,according to the 31items of “labor law”， he/she should compensate the following economic loss to Party A. 1.The direct expenses paid by Party A for recruiting and employing Part B ; 2.The training expenses paid by Party A for Party B during the valid term of contaract; 3.Other factual loss occurred by Party B______________________________________. (四) If one of the following conditions is satisfied, this contract shall be terminated (except the contract with fixed term): 1.The task specified by this contract has been completed. 2.__________________________________ ______ ____; 3.__________________________________ _______ ___; 八. Payment of economic compensation (medical allowance) and living allowance Termination or dismantlement this contract ,it shall pay economic compensation 、living allowance 、 medical allowance according to the regulation of this city. 九. Liability for breach of labor contract (一)Under one of the following circumstances, Party A shall bear the liability for breach of contract: 1. Party A disobeys national law or regulations, and terminates this contract unilaterally. 2._______________________________________ _____________________; 3._______________________________ __ ___________________________; (二) Under one of the following circumstances, Party B shall bear the liability for breach of contract: 1. Party B violates the provisions or disimplementation of this contract and terminates this contract unilaterally. 2._______________________________________ _____________________; 3._______________________________ __ ___________________________; (三)Both parties agree to bear the liability for the breach of contract in the following manner: 1. Damages. In case of breach of contract by either party, such party shall pay damages of RMB . 2. Compensation. If the damages are insufficient to compensate the other party for its loss, the defaulting party shall also pay compensation. The compensation shall be calculated according to the actual loss caused by the defaulting party. The scope of compensation includes: (1) The direct expenses paid by Party A for recruiting and employing Party B. (2) The education and training expenses paid by Party A for Party B during the valid term of the contract. (3) The loss incurred by the man-made damage to the machines and office equipment by Party B during the valid term of the contract. (4) Other compensation agreed in this contract and appendices hereto. 十、 The solution of the dispute arising from the performance of this contract Any dispute between both parties arising from the performance of this contract shall first be settled by consultation. If no settlement can be reached by consultation, either party may apply to labor dispute mediation committee of Party A for mediation within 30 days from the date of the occurrence of the dispute or to labor dispute arbitration committee for arbitration within 60 days therefrom. - 4 - 十一. In case the terms of this contract are in conflict with the laws, rules and regulations newly promulgated by the state, province and city, the new laws, rules and regulations shall apply. 十二. Other matters to be clarified by both parties _______________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________ Party A: (Seal) Party B (signature) Legal representative: Legal representative: (Proxy): (Proxy): Date: Date: Certification organ (seal) Certifying person: Date of certification: - 5 -