Organization : eBeijing & Beijing Human Resources & Social Security Bureau BJLD
Type of Facility : Labor Contract Sample of Beijing Municipality
Country: China
Website : http://www.ebeijing.gov.cn/feature_2/WorkingInBeijing/ObtainingAnEmploymentPermit/t1126485.htm
Labor Contract of Beijing Municitipality :
Party A (hereinafter referred to as “Employer”):
Legal representative or entrusted agent:
Address:
Related : Beijing Human Resources & Social Security Bureau Application For Residence Permit By Foreign Experts Working In China : www.statusin.org/9053.html
Party B (hereinafter referred to as “Employee”):
Academic Degree:
Gender:
Date of birth: Month___Day__, Year___
ID Card No.:
Postal code:
Home address:
Jurisdictional Sub-district office:
This labor contract is made and entered into on the basis of equality and mutual benefit by and between the Employer and the Employee, in accordance with the Labor Law of the People’s Republic of China, under terms and conditions mutually agreed upon as follows:
I. Term of Contract:
Article 1 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.
II. Job Description:
Article 2 The Employee agrees to hold the position of ___ with the department of ____ according to the job duties defined by the Employer.
Article 3 In accordance with the Employer’s legitimate requirements, the Employee shall complete the specified work load on schedule, and meet the specified quality standards.
III. Labor Protection and Labor Conditions:
Article 4 The Employer shall arrange for the Employee to implement a work system.
Where a fixed hour work system is adopted, the Employer shall arrange for the Employee to work not more than eight hours a day, or not more than 44 hours on average each week. The Employer shall guarantee that the Employee can take rest for at least one day each week. The Employer may, due to work needs and subject to consultations with trade union and the Employee, extend the working hours, but the extended working duration shall not exceed one hour a day. Where special reasons warrant an extension of working hours, such extension shall not exceed three hours a day or 36 hours a month, provided that the Employee’s physical health is ensured.
Where a work system of aggregate working hours is adopted, the average daily and weekly working hours shall not exceed the statutory standard of working hours.
Where a non-fixed hour work system is adopted, the Employee may make its own arrangements for work, rest and vacation, provided that he/she guarantees to fulfill all the work tasks assigned by the Employer.
Article 5 Where the Employer arranges the Employee to work overtime, arrangement for an equal length of compensatory rest or overtime wages for the Employee shall be made lawfully. The Employer shall pay overtime wages for any overtime work which is done by the Employee.
Article 6 The Employer shall provide the Employee with necessary labor conditions and labor tools, establish and improve production process flows, formulate operating specifications, job specifications labor safety and hygiene systems and standards.
The Employer shall organize and arrange health checks for the Employee in accordance with relevant provisions of the State or Beijing Municipality.
Article 7 The Employer shall be responsible for providing the Employee with education and training in political thought, code of conduct, vocational skills, labor safety and hygiene and relevant rules and regulations.
IV. Labor Remuneration:
Article 8 The Employer shall pay salary in compliance with the principle of distribution according to work.
Article 9 Where the Employee works for the Employer under a system of fixed working hours or a system of aggregate working hours, the Employer shall pay the Employee, in the form of currency on ___(date) of each month, with a salary not below RMB___. The salary for probation period should be RMB___.
The salary under non-fixed working hour system shall be paid in accordance with .
Article 10 Where the Employer’s insufficient production tasks result in the Employee’s lay-off and waiting for work, the Employer shall guarantee that the Employee’s monthly living allowance is not less than RMB____.
V. Insurance and Welfare Benefits:
Article 11 The Employer shall pay for all mandatory social security programs such pension insurance, unemployment insurance, medical insurance of the Employee according to relevant provisions of the State and Beijing Municipality.
The Employer shall fill out Employee Pension Insurance Manual for the Employee. After the both parties revoke or terminate this labor contract, the Employee Pension Insurance Manual shall be transferred out in accordance with relevant provisions.
Article 12 Provided that the Employee is taken ill or suffers from non-work-related injuries, his/her sick pay, illness aid and medical treatment benefits shall be paid in accordance with.
Article 13 Should the Employee contracts occupational disease or suffers from work-related injuries, his/her salary and medical insurance benefits shall be paid in accordance with relevant social insurance provisions of the State and Beijing Municipality.
Article 14 The Employer shall provide the Employee with the following welfare benefits.
VI. Labor Discipline :
Article 15 The Employee shall comply with the regulations and rules which the Employer has formulated lawfully: strictly abide by labor safety and hygiene rules, production process and operating specifications and work regulations; take good care of the Employer’s properties and comply with professional ethics; and actively take part in trainings organized by the Employer and improve political consciousness and professional skills.
Article 16 Where the Employee breaches labor discipline, the Employer may mete out disciplinary punishment in accordance with relevant rules and regulations until the revocation of this Contract.
VII. Alternation, Revocation, Termination and Renewal of Labor Contract:
Article 17 In the case of changes in the laws, administrative regulations or rules which serve as the basis for the conclusion of this Contract, relevant contents of this Contract should be altered accordingly.
Article 18 Provided that a major change in the objective conditions which serve as the basis for the conclusion of this Contract renders the Contract impossible to be performed, relevant contents of the Contract may be altered, subject to the Employer and the Employee reaching an agreement through consultations.
Article 19 This Contract may be revoked after the Employer and the Employee have reached an agreement through consultations.
Article 20 The Employer may revoke this Contract if any of the following circumstances occurs as a result of the Employee’s conduct:
1. The Employee is proven during the probation period to be unqualified for employment;
2. The Employee seriously violates labor discipline or rules & regulations formulated by the Employer;
3. The Employee causes serious losses to the Employer due to serious dereliction of duties or engagement in malpractices for personal gains;
4. The Employee is pursued of criminal liabilities according to law.
Article 21 In any of the following circumstances, the Employer may revoke the Contract, but shall given a written notice to the Employee 30 days in advance:
1. The Employee is no longer able to take up his/her original job or any kind of new job assigned by the Employer upon the completion of medical treatment for his/her illness or injury not suffered during work;
2. The Employee is incompetent in his/her job and remains so after training or after an adjustment of work post;
3. The both parties fail to reach an agreement on the alteration of the Contract pursuant to the provisions of Article 18 of this Contract.
Article 22 Where the Employer is on the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and operation, this Contract may be revoked after explaining the situation to trade union or all employees, listening to their opinion and reporting the matter to administrative authorities for labor.
Article 23 The Employer shall not terminate or revoke this Contract pursuant to Article 21 or 22 of this Contract if any of the following circumstances occurs as a result of the Employee’s conduct:
1. The Employee is receiving medical treatment for his/her illness or non-work-related injury during the prescribed period of time;
2. The Employee is a female in her pregnancy, puerperal or nursing period;
3. The Employee is a demobilized compulsory serviceman/servicewoman or a farmer-turned-worker due to the requisition of land for construction purposes during his/her first employments for less than 3 years;
4. The Employee is under compulsory military service.
Article 24 Where the Employee is confirmed by the municipal, district or county labor appraisal committee to have totally or partially lost his/her labor ability due to occupational diseases or work-related injuries upon the completion of medical treatment, the matter shall be dealt with in accordance with , and no labor contract shall be revoked pursuant to Article 21 or 22 of this Contract.
Article 25 To revoke the Contract, the Employee shall give a written notice to the Employer 30 days in advance.
Article 26 In any of the following circumstances, the Employee may notify the Employer at any time and revoke this Contract:
1. During his/her probation period;
2. The Employer forces the Employee to work via violence, coercion, or illegal restriction of personal freedom;
3. The Employer fails to pay labor remuneration or provide labor conditions in accordance with this Contract.
Article 27 Upon the expiration of this Contract, the Employer and the Employee may renew this labor contract, subject to reaching an agreement through consultations.
Article 28 Where the two parties entered into a non-fixed term labor contract, the contract shall terminate upon the Employee’s retirement, resignation or death or when the terms for contract revocation as specified in this Contract arise.
VIII. Economic Compensation and Damages:
Article 29 Where the Employer breaches and revokes the labor contract with the Employee in any of the following circumstances, a economic compensation shall be paid to the Employee in accordance with the following rate:
1. The Employer withholds or defaults the Employee’s salary with no justifiable reason, or refuses to pay the remuneration for overtime work done by the Employee, the Employer shall pay the Employee, in addition to the payment of the full amount of the Employee’s salary and remuneration within the specified time, an economic compensation which is 25% of the salary and remuneration due;
2. Where the salary which the Employer pays to the Employee is below the minimum pay rate set by Beijing Municipality, the Employer shall, in addition to making up the portion below the said minimum pay rate, pay the Employee an economic compensation which is 25% of the portion below the said minimum pay rate.
Article 30 In any of the following circumstances, the Employer shall pay the Employee an economic compensation which is equivalent to one month’s average salary of the 12 months prior to the Employee’s revocation of the Contract for every full year which the Employee has worked for the Employer, but the maximum number of months for which the said compensation is paid should not be more than twelve months:
1. The Employer revokes this Contract after reaching an agreement with the Employee through consultations;
2. The Employer revokes this Contract, because the Employee is incompetent for the job and remains so after training or an adjustment of work post.
Article 31 In any of the following circumstances, the Employer shall pay the Employee an economic compensation which is equivalent to one month’s average salary of the previous year for every full year which the Employee has worked for the Employer:
1. The Contract is revoked after the Employee is confirmed by the labor appraisal committee to be unable to take up his/her original job or any kind of new job assigned by the Employer due to his/her illness or non-work-related injuries.
2. The Employer revokes the Contract, because major changes in the objective conditions which serve as the basis for the conclusion of this Contract render the Contract impossible to be performed and the both parties fail to reach an agreement on the alteration of the labor contract through consultations;
3. The Employer is on the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and operation, and has to downsize.
In all the three situations mentioned above, if the Employee’s average monthly pay of the 12 months prior to the revocation of the Contract is higher than the average monthly pay offered by the Employer in the previous year, the aforementioned economic compensation should be paid according to the Employee’s average monthly pay.
Article 32 Where the Employer fails to pay economic compensation to the Employee after revoking this Contract, the Employer shall, in addition to paying the full amount of the economic compensation due, also pay an extra economic compensation which is 50% of the aforementioned due economic compensation.
Article 33 In the payment of economic compensation to the Employee who works for the Employer for less than one year, the Employer shall pay the economic compensation as that for one full year.
Article 34 Where the Contract is revoked after the Employee is confirmed by labor appraisal committee to be unable to take up his/her original job or any kind of new job assigned by the Employer due to his/her illness or non-work-related injuries, the Employer shall also give the Employee medical subsidies no less than the pay for six months according to its average monthly pay of the previous year. Where the Employee suffers from serious or fatal illness, the Employer shall increase its medical subsidies. The portion of increase shall not be lower than 50% of the normal medical subsidies in the case of serious illness, or not less than 100% of the normal medical subsidies in the case of fatal illness.
Article 35 Where the Employer revokes the Contract in breach of the terms for contract revocation specified in the Contract, or an invalid labor contract is entered into for the Employer’s reasons, and damage is caused to the Employee, the Employer shall undertake compensation liabilities according to the level of damage caused thereof.
Article 36 Where the Employee revokes the Contract in breach of the terms for contract revocation specified in this Contract, or breaches the business secret confidentiality provisions of the Contract, and economic losses are caused to the Employer, the Employee shall undertake compensation liabilities subject to the level of losses caused thereof.
Article 37 Where the Employee revokes the Contract, all the personnel who are trained and received with the Employer’s funds shall compensate the Employer for the training and reception fees paid, the rate of which shall be .
IX. Dispute Resolution:
Article 38 The parties concerned may bring any labor dispute arising from the performance of this Contract to their labor dispute arbitration committee for mediation. Where such mediation fails, the party requesting arbitration shall apply for arbitration by the labor arbitration commission within sixty days after the occurrence of the said labor dispute. Either party may also directly apply to the labor arbitration commission for arbitration without first going through mediation. Either Party which does not accept the arbitration result may file a lawsuit in people’s court.
X. Miscellaneous:
Article 39 The Employer’s following regulations shall constitute an appendix of this Contract.
Article 40 Matters uncovered in this Contract or discrepancies between this Contract and relevant provisions of the State and Beijing Municipality shall be governed by relevant provisions.
Article 41 This Contract shall be in duplicate, with the Employer and the Employee holding one copy each.
Employer (seal)
Legal representative or entrusted agent (seal):
Date of signing: Month___ Day___, Year___
Authentication authority (seal) Authentication clerk (seal)
Date of authentication: Month__ Day__, Year__