EMPLOYMENT CONTRACT TEMPLATE

(模板一)
Part one: EMPLOYMENT CONTRACT

In consideration of the premises and mutual covenants and promises set forth herein the parties agree as follows:

ONE.

Party A hereby employs Party B and Party B accepts employment from Party A with position to be determined and/or such other duties as Party A may, from time to time, determine. The employment period will be from XXX to XXX.

TWO. The valid term of employment

The valid term of employment is from the date of signing to the date of the expiry of the contract. If either party has an agreement to continue the employment on the month before the expiry of the contract, the employment shall be valid for a period of up to three years.

THREE. Probation period

Party B shall work under a probation period of three months. If Party A regards Party B unsuitable for the work during the probation period, Party A may terminate the contract without any responsibility.

FOUR. Work time

Party A makes the work time plan according to Party A's business and the law of the government.

FIVE. Remuneration and beneficiary treatment

1. Basic salary: according to the wage and salary policies of Party A.
2. Overtime Pay: according to the overtime pay policies of Party A.
3. Sick Leave, No-pay leave, Maternity Leave, Annual Leave, Marriage Leave, Funeral Leave and Government statutory public holidays: according to the law of the government.
4. Bonuses and other benefits shall be subject to Party A’s policies.


SIX. The rights and obligations of the parties

1. Party A may adjust Party B’s position according to the business requirement and the actual ability of Party B.
2. Party A has the power to render administration to Party B according its regulations.
3. Any and all work product of Party B that is conceived or created by Party B during the employment with Party A is the exclusive property of Party A.
4. Party A should provide professional training for Party B.
5. Party A undertakes to provide good and safe working conditions
6. Party B is entitled to corresponding remuneration, chance of promotion, legal holidays, annual leave and the rest time regulated by Party A.
7. Party B enjoys the right to attend professional study and raise proposals for work improvement.
8. Party B has the obligation to maintain Party A’s interest and reputation, abide by rules and disciplines formulated by Party A, and keep business secrets and technical secrets of Party A.

SEVEN. Termination

1. This contract of employment shall automatically terminate upon the occurrence of any of the following events:
a. This contract has expired but both parties do not have it renewed.
b. Bankruptcy of Party A.
c. Party A is dissolved or cancelled by Law.
d. The death of Party B.

2. Party A may terminate employee’s employment before contract expiry under any of the following circumstances:
a. Party B is not qualified to requirement of Party A during the probation periods.
b. Party B severely violates any of Party A’s rules or disciplines.
c. Party B neglects duty or commits jobbery and causes great loss on Party A’s interests.
d. Party B is arrested, is the subject of an indictment, or charged with any crime or unlawful act.
e. Party B provides the false information to get the employment.

3. In any of the events, this contract may be terminated by Party A on 30 days’ prior written notice to Party B:
a. Party B who suffers from illness or injury not on duty is unable to carry out the original duty or to take on the new duty properly assigned by Party A after the medical treatment term.
b. Party B is obviously not qualified to requirement of the original duty, and there is no other proper position.
c. Economic reasons of Party A which may arise during the term of this contract and which may be beyond the control of Party A;
d. The condition being the base of contract has been greatly changed, and the contract can’t be carried out.

4. In any of the events, Party A can’t unilaterally terminate the contract:
a. Party B is incapacitated for illness or injury from performing the duties and is in the medical treatment term.
b. Woman employee who observes birth control policy is in the period of pregnancy, confinement or lactation.
c. Other circumstances according the law of the government.

5. In any of the events, this contract may be terminated by Party B on 30 days’ prior written notice to Party A:
a. A failure to ensure Party B’s safety.
b. A failure to pay Party B as agreed upon herein.
c. Party A violates badly the terms and conditions of the employment contract.

6. Party B shall be obliged to compensate the damage to Party A When Party B terminates the contract in advance.

7. After notice of termination, Party B shall cooperate with Party A, as reasonably requested by Party A, to effect a transition of Party B responsibilities and to ensure that Party A is aware of all matters being handled by Party B.

8. If Party B doesn’t cooperate with Party A, as reasonably requested by Party A, as a result of such breach, Party B must compensate the losses suffered by Party A.

EIGHT. The confidentiality and invention contract are included in Part two of this contract.

NINE. Both parties shall settle all disputes relating to the employment contract through friendly consultation. In case that no settlement to disputes can be reached through friendly consultation by both parties, the disputes shall be submitted to Arbitration Commission for arbitration

TEN. This contract supersedes any and all other contracts, either oral or written. Any modification of this contract will be effective only if it is in writing signed by the party to be charged.

The contract is made out in two originals, one for each party. The contract comes into force immediately after the date of signing.

Part two: CONFIDENTIAL INFORMATION

Part three: Signature

IN WITNESS WHEREOF, the parties hereto acknowledge, understand and agree to this employment contract. The parties understand and intend to be bound by all of the clauses contained in this document and further certify that they have received signed copies of this contract.

Party A’s Signature Party B’s Signature
(stamp)

Date:

(模板二)
Shenzhen Special Economic Zones

EMPLOYMENT CONTRACT
(This is a translation of the Chinese text)

Shenzhen Municipal Labor Bureau


Party A (the Employer)

Name: XXX.
Address: XXX
Tel: XXX
Legal Representative: XXX

Party B (the Employee)

Name: XXX
Sex: Male Age: XXX
Length of work: XXX year Town/City of birth: XXX
City of the “hukou”: Shenzhen city
Number of Identity card: XXX

This contract is made between Party A and Party B based on the principles of equality, free will and mutual negotiation in pursuance with <<Labor Law of the People’s Republic of China>>, <<Regulation of Shenzhen Special Economic Zone on Labor Contracts>> and other Laws and regulations concerned, in which it is agreed as follows:

Article 1. Duties and responsibilities

According to the business requirement, Party A employs Party B as a manager in the development department and /or such duties as Party A may, from time to time determine.

Article 2. Term of employment (probation period)

1. The term of employment
The employment period will cover two years from XXX to XXX.

2. Probation period
Party B shall work under a probation period of three months.

Article 3. Work time

Standard Work Time System - Part B works 8 hours per day and 40 hours per week.

Overtime may be worked through consultation between the parties and labor union according to Party A's business requirement. Normally overtime is not more than one hour per day. Where there are especial reasons and Party B’s health is under protection, overtime may be up to three hours per day. Overtime is not more than 36 hours per month.

Overtime is not governed by above items under other circumstances as stipulated by laws, administrative rules and regulations.

Article 4. Remuneration

1. Party B is paid RMB / per month during the probation period. After the probation period, Party B’s salary will commence at RMB / per month. Party A may adjust Party B’s salary according to the Wage System formulated in accordance with the law or set forth in the group contract. Part B’s salary shall not be lower than the minimum standard proclaimed by the government for that current year.
2. Party B shall be paid on 4th/5th/6th day of every month.
3. Overtime pay: according to article 44 of the << Labor law of the People’s Republic of China>>.
4. Sick Leave or injury not from performing the duties pay: according the <<Provisional Regulations of Shenzhen Special Economic Zone on Wage Management of enterprises>>.
5. Party A shall pay wages to Party B who participates in social activities in accordance with the law.
6. Party B’s salary for the period of business suspension shall be handled in the light of <<Provisional Regulations of Shenzhen Special Economic Zone on Wage Management of enterprises>>.
7. Party B shall have the right to have statutory holidays and take leaves during the periods of marriage or funeral, leaves. Party A shall pay wages according to Law.

Article 5. Working protection and conditions

1. Party A must provide Party B with occupational safety and health conditions conforming to the provisions of the state and necessary articles of labor protection, and provide regular health examination for Party B engaged in work with occupational hazards.

2. Party B shall have the right to refuse to operate if the management personnel of Party A command the operation in violation of rules and regulations or force Party B to run risks in operation; Party B shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health.

Article 6. Social Insurance and welfare

1. Party A shall underwrite various social insurance for Party B according to relevant regulations of Shenzhen social insurance.
2. Death or disability caused by work-related injury: according to the << Administrative regulations of Shenzhen special economic zone on insurance of the work-related injury>>.
3. Party A shall create conditions so as to raise welfare treatment of Party B.

Article 7. Labor discipline

1. Party B shall observe all rules and disciplines lawfully formulated by Party A.
2. Party B must strictly abide by rules of safe operation in the process of their work.
3. Party B shall fulfill the labor tasks on time.
4. Party B will not disclose any of the trade secret information received from Party A
5. Party B shall obey the Family Planning Policy.

Article 8. Modification, termination, renew of the contract

1. The parties can modify this contract through friendly consultation. Any modification of this contract will be effective only if it is in writing signed.

2. Party A may terminate Party B’s employment at any time under any of the following circumstances:
a. Party B is not qualified to requirement by Party A during the probationary periods.
b. Party B severely violates any of Party A’s rules or disciplines.
c. Party B neglects duty or commits jobbery and causes great loss on Party A’s interests.
d. Party B is arrested, be the subject of an indictment, or charged with any crime or unlawful act.
e. Other circumstances as stipulated by laws, administrative rules and regulations.

3. In any of the events, this contract may be terminated by Party A on 30 days’ prior written notice to Party B:
a. Party A comes to the brink of bankruptcy or runs deep into difficulties in production and management, and reduction of its personnel becomes really necessary, and confirmed by the labor administrative department.
b. Party B is unable to take up his original work or any new work arranged by Party A after the completion of the medical treatment for illness or injury not suffered at work.
c. Party B is incompetent for the work and stays so even after training or position adjustment.
d. No agreement on modification of the employment contract can be reached though consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original employment contract can no longer be carried out.

4. In any of the events, Party A must not terminate the contract in line with term 3 of article 8:
a. Party B is incapacitated for illness or injury from performing the duties.
b. Party B is incapacitated for illness or injury not from performing the duties and is in the medical treatment term.
c. Party B is in the period of pregnancy, confinement or lactation.
d. Other circumstances as stipulated by laws, administrative rules and regulations.

5. In any of the events, this contract may be terminated by Party B at any time:
a. Within the probation period.
b. Failure on the part of Party A to pay remuneration or to provide working conditions as agreed upon in the employment contract.
c. Party A forces Party B’s to work by resorting to violence, intimidation or illegal restriction of personal freedom.
d. Other circumstances as stipulated by laws, administrative rules and regulations.

6. This contract of employment shall automatically terminate upon the occurrence of any of the following events:
a. Bankruptcy of Party A.
b. Party A's decision to terminate its business and liquidate its assets.
c. The death of Party B.

7. Except for the cases set forth in term 5, Party B shall advice Party A in written notice 30 days in advance if Party B intends to terminate the contract.

8. The parties may renew the employment within 30 days before the expiration of the employment contract.

9. This contract of employment shall automatically terminate upon the expiration of the employment contract.

Article 9. Legal responsibility

1. Legal responsibility of Party A
a. Where Party A deducts wages or delays in paying wages to Party B without reason or to refuse to pay Party B remuneration for the extended working hours, Party A shall pay Party B compensation to make up the economic losses and pay extra 25% of the salary.
b. Where Party A pays Party B wages below the local standard on minimum wages, Party A shall pay Party B compensation to make up the economic losses and pay extra 1% of the account below the local standard on minimum wages every day.
c. If Party A violates term 1 article 6, i.e. fails to underwrite social insurance for Party B, which results in economic loss on Party B, Party A must compensate Party B according to relevant regulations of Shenzhen social insurance.
d. In any of the events, Party A shall, for one time, pay the necessary compensation to Party B:
i. The parties agree to terminate the contract through consultation upon Party A’s proposal.
ii. Party A terminates the contract in accordance with the provisions of item1, 2, 3, 4 of paragraph 3 of article 8 and of item 2, 3, 4 of paragraph 5 of article 8.
iii. Party A terminates the contract in accordance with the provisions of item 2 of paragraph 3 of article 8.
iv. Where Party A terminates the contract in accordance with the provisions of item 2, 3, 4 of paragraph 3 of article 8 without the 30 days notice,
Party A shall pay the salary of one month.

2. Legal responsibility of Party B
Where Party B breaches the contract, Party B shall pay Party A compensation to make up the following economic losses:
a. The fees of hiring Party B
b. The fees of training Party B
c. The economic losses direct related to work.

3. Other legal responsibility that the parties agree.

Article 10. Both parties shall settle all disputes relating to the employment contract through friendly consultation. In case that no settlement to disputes can be reached through friendly consultation by both parties, the disputes may be resolved through labor arbitration proceedings and litigations.

Article 11. Other circumstances that the parties agree.

Article 12. If this contract comes into conflict with the existing labor Law or regulations, the existing Labor Law or regulations shall prevail.

Article 13. The contract comes into force immediately after the date of signing. Any modification of this contract will be effective only if it is in writing signed by the party to be charged.

Article 14. The contract is made out in two originals, one for each party.

Article 15. The confidentiality and invention contract are included as the accessorial file of this contract.

Party A’s Signature Party B’s Signature

XXX(signature)

(Stamp)

Signature of Legal Representative

XXX (signature)

(模板三)
XXX Co., Ltd. EMPLOYMENT CONTRACT
(This is a translation of the Chinese text)

The XXX (herein after referred to as Party A) employs Mr. XXX to (Number of Identity card: XXX, herein after referred to as Party B) as the employee. According the << Labor law of the People’s Republic of China>>, in consideration of the premises and mutual covenants and promises set forth herein the parties agree as follows:

Article 1. Term of employment, probation periods
1. The valid term of employment is two years, the employment period will be from XXX to XXX.
2. The probation period will be from XXX to XXX. Where Party B is not qualified to requirement by Party A during the probationary periods, Party A may terminate employee’s employment.
3. The parties may rework the employment upon the expiration of the employment contract.

Article 2. Duties and responsibilities
1. Party B shall serve Party A as software engineer of Semiconductors Department.
2. Party B's duties may be reasonably modified at Party A's discretion and agreement between both parties from time to time.
3. Party B will devote full time, attention, and energies to the business of Party A, and, during this employment, will not engage in any other business activity, regardless of whether such activity is pursued for profit, gain, or other pecuniary advantage.

Article 3. Remuneration
1. Basic salary: Party A shall pay Party B a salary of XXX per month.
2. Year-end Double Pay: Party B will be paid one more month’s basic salary for each full calendar year he serves in Party A provided that he still serves for Party A on December 31 of that year.
3. Bonus and allowance: according the wage and salary policies of Party A.
4. Party B's salary may be reasonably modified when the duties and responsibilities of Party B have been changed.
5. Party A will pay wages higher than the local standard on minimum wages.
6. Party B shall be paid on 25th of every month.
7. Party A withholds the payable individual income tax of Party B on paying salary each month.

Article 4. Social insurance and welfare
1. Party A will pay social insurance premiums in accordance with the law, the following mandatory benefits shall be applicable to Party B:
a. Retirement insurance
b. Unemployment insurance
c. Work-related injury
d. Child-bearing
e. Housing Public Accumulation Funds
f. Medical insurance
g. Personal accident insurance
2. If Party B suffers from illness or injury not from performing the duties and need to take medical treatment. Party A shall grant party B a medical treatment term according to relevant Laws.
3. If Party B suffers from illness, injury from or not from performing the duties, the medical expense is according to related laws and local regulation.
4. The welfare of Party B is according to the local regulation and the policies of Party A.

Article 5. Working time, holidays and rest time
1. Party B works eight hours per day and 40 hours in average per week. Overtime will only be worked if agreed to between the parties from time to time.
2. Party B is entitled to Marriage Leave, Funeral Leave, Maternity Leave, Annual Leave and Government statutory public holidays. Party A shall pay according to the law of the government.

Article 6. Working protection and conditions
1. Party A must provide employee with occupational safety and health conditions conforming to the provisions of the State
2. Party A must provide necessary articles of labor protection.

Article 7. Labor discipline, Award & Punishment
1. Party B shall observe all rules and disciplines formulated by Party A.
2. Party A may render punishment to Party B for his violation to any rule or discipline, or may award Party B for his good performing of the rules and disciplines.

Article 8. Regulations on contract termination
1. Party A may terminate employee’s employment without prior notice under any of the following circumstances:
a. Party B is not qualified to requirement by Party A during the probationary periods.
b. Party B severely violates any of Party A’s rules and disciplines.
c. Party B neglects duty or commits jobbery, and causes great loss on Party A’s interest.
d. Party B is arrested, be the subject of an indictment, or charged with any crime or unlawful act.
2. In any of the events, this contract may be terminated by Party A on 30 days’ prior written notice to Party B:
a. Party B is unable to take up his original work or any new work arranged by Party A after the completion of the medical treatment for illness or injury not suffered at work.
b. Party B is incompetent for the work and stays so even after training or position adjustment.
c. No agreement on modification of the employment contract can be reached though consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original employment contract can no longer be carried out.
3. Party B must advise Party A in 30 days’ prior written notice, when Party B resigns to terminate the contract.
4. In any of the events, this contract may be terminated by Party B without prior notice:
a. Within the probation period.
b. Failure on the part of Party A to pay remuneration or to provide working conditions as agreed upon in the employment contract.
c. Party A forces Party B’s to work by resorting to violence, intimidation or illegal restriction of personal freedom.
5. This contract of employment may terminate upon the agreement through consultation by the parties involved.
6. In any of the events, Party A can’t discharge the contract:
a. Party B suffers from illness or injury from performing the duties.
b. Party B suffers from illness or injury not from performing the duties and is under medical treatment.
c. Party B is in the period of pregnant, confinement or lactation.
d. The employment period is before expiry and the case is not in the provisions of terms 1&2 of article 8 and article 9 herein.
7. If Party B suffers illness from or injury from performing the duties and is completely incapacitated after medical treatment. Party A can’t terminate the contract.
8. Compensation for contract termination: Party A must pay Party B compensation according to the << Labor Law >> if it terminates the contract by items a, b, c of term 2 and items a, b, c of term 4 of article 8 herein.

Article 9. The condition of the employment contract termination
This contract shall automatically terminate upon the occurrence of any of the following events: the expiration of the employment contract, the termination of Party A’s business, the retirement of Party B, the death of Party B.

Article 10. Business secret
1. Neither during Party B's employment with Party A nor thereafter three years, Party B shall not disclose any business, secret program, method and other confidential information of Party A.
2. When Party B's employment with Party A ends, Party B will promptly return to Party A all originals and copies of all data, drawing, tapes, discs and notes related with Party A, shall not transfer, destroy or bring out by self.

Article 11. Intellectual property
While Party B is employed by the Party A, Party A shall own all the copyright rights in intellectual property which result from all development or invention related with works, or Party B do using any Party A’s property, or in Party A’s office, or during the work time.
At the request and expense of Party A, Party B shall give and supply all such information, data and assistance as may be requisite to enable Party A to exploit the intellectual property to the best advantage and shall execute all documents and do all things which may be necessary or desirable for obtaining patent or other protection for the intellectual property in China or other parts of the world.

Article 12. Legal responsibility
1. Where breaches the contract, one party shall pay another party compensation to make up the economic losses.
2. Where Party A terminates the contract in accordance with the provisions of paragraph 3 of article 8 or Party B terminates the contract in accordance with paragraph 3 of article 8, if the days in advance that the notice required is not enough, one party shall pay another party compensation to make up the economic losses.
3. Where Party A provides the training or house for Party B, Party B terminates the contract in accordance with paragraph 1,2,3 of article 8 during the mandatory employment period. Party B should pay Party A the fees of training or house.

Article 13. Both parties shall settle all disputes relating to the employment contract through friendly consultation. In case that no settlement to disputes can be reached through friendly consultation by both parties, the disputes may be resolved through labor arbitration proceedings and litigations.

Article 14. Other circumstances according to the local regulation

Article 15. Others:
1. The contract is made out in two originals of equal force, one for each party. The contract comes into force immediately after the date of signing.
2. Any modification of this contract will be effective only if it is in writing signed by Party A and Party B.
3. The parties may rework the employment upon the expiration of the employment contract.
4. If this contract comes into conflict with the existing labor Law or regulations, the existing Labor Law or regulations shall prevail.
5. This contract supersedes any and all other contracts, either oral or written.

Part A’s Signature Part B’s Signature

XXX

Date: XXX

好东西啊

收了
不过现在正在烦前雇主不过偶开介绍信之类的东东，
我手上只有我们之间的劳动合同

让同事开就可以了，当然，我们也不好让别人吹嘘自己！
大家都很忙啊！
还是自吹自擂后请要好的领导签个字吧！！！！
这时，关系就很重要了。

感谢小熊笨笨

小熊笨笨,非常感谢你的劳动合同,真是及时雨呀.
再次感谢!

up

Good articles

The employment contract is a thing that we will meet it soon or late.
So I am glad that Ben Ben put it here. It's very convenient for me to have some knowledge about it.

But I have a question. If I get a full time job, could I got paid at weekends?

Could any friend provide me some reading materials of daily routines in Canada, many thanks beforehand.

very good,

好东西啊!谢谢!

由衷感谢苯苯

谢谢

太感谢了！！

I'm just wonderring if anywhere I could download a template of employment contract, and I got it here. Thanks for your contribution. Contribute SW to you!

很有帮助!谢谢!

灰常感谢。

灰常感谢。崇拜ing

太好了

好东东