I'Ll Teach You To Write A Management System And A Labor Contract For A Clothing Company.
< p > number: < /p >
< p > labor contract < /p >
< p > Party A: < /p >
< p > Party B: < /p >
< p > XXX labor and society < a href= "//www.sjfzxm.com/news/index_f.asp > > safeguard bureau < /a > producer" /p >.
< p > use instruction < /p >
< p > 1. This contract can be used as a labor contract signed by the employer and the employee.
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< p > two, when the employer and employee use the contract to sign a labor contract, the contents agreed upon by both parties should be negotiated, and after consultation, they should be filled in the corresponding space.
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< p > signing labor contracts, Party A shall affix its official seal, and the legal representative or principal responsible person shall sign or affix himself to him.
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< p > three, the clauses that need to be increased through consultation between the parties shall be specified in the twenty-fourth clause of this contract.
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< p > four, other contents stipulated by the parties, and when the contents of the labor contract are not filled in the contract, the paper may be attached.
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< p > five, the contract should be filled with pen or signature pen, with clear handwriting, concise and accurate text, and no alteration.
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< p > six, two copies of this contract, each party holding one, Party B shall not be kept by Party A.
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< p > according to the labor contract law of the People's Republic of China and the laws, regulations and regulations of the state, the labor contract is signed by both parties voluntarily and unanimously.
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< p > 1, < a href= "//www.sjfzxm.com/news/index_f.asp" > labor contract < /a > the basic situation of both parties < /p >
< p > Article 1 the name of Party A (employing unit) is < /p >.
< p > legal representative (principal person) or principal agent < /p >
< p > business address < /p >
"P > second" of Party B's name and gender register type (non agricultural and agricultural) resident identity card number < /p >
< p > address of the place where the household registration is located < /p >
< p > residential address in < /p >.
< p > contact telephone postal code < /p >.
< p > two, and the term of labor contract is < /p >.
< p > labor contract is classified as labor contract.
0 1 new order. 2 renewals < /p >
< p > third labor contracts under this contract.
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< p > 1 fixed period. 0 2 no fixed term. 0 3 to complete a certain task period. < /p >
< p > contract period from year month to month day (or).
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< p >: the probation period is one month, and the probationary period is calculated from the date of employment by Party A.
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< p > three, work content and working place < /p >
< p > Fourth Party A arranges Party B to work in his post.
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< p > except for emergency situations such as emergency and emergency rescue, Party B shall obey Party A's command arrangement. If Party B's work or work place is changed or adjusted due to the needs of Party A's work, it must be agreed and agreed by both parties, and a change agreement shall be made.
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< p > four, working hours and rest leave < /p >
< p > fifth Party A arranges Party B to execute man hour system.
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< p > implementation of standard working hours, Party B shall not work for more than 8 hours per day and shall not work more than 40 hours per week.
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< p > Party A shall arrange for Party B to carry out the comprehensive calculation work hour system or irregular working system, and shall obtain the administrative licensing decision of the special labor hour system of the labor administrative department in advance.
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< p > Sixth Party B's rest and vacations shall be carried out according to the provisions of the state. If Party A's work is subject to mutual negotiation and consent, if Party B fails to make a rest after the overtime work, he or she shall be compensated by the state regulations or paid overtime by Party A.
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< p > five, labor remuneration < /p >
< p > seventh, Party A pays the wages of Party B in the form of currency every month, and the monthly wages are performed according to the monthly salary.
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< p > the salary of Party B during the probation period is RMB.
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< p > the other stipulations of the two parties on wages: < /p >
< p > six, social insurance and other insurance benefits, < /p >
< p > eighth article a and B shall participate in and pay social insurance according to the state and relevant local social insurance provisions, of which Party B pays part of the payment by Party A from Party B's wages.
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< p > ninth during the contract period, the treatment of Party B ill and non work related injuries shall be carried out in accordance with the relevant regulations of the state.
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< p > tenth in the contract period, Party B suffers from occupational disease or injury due to work, according to the relevant provisions of the state.
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< p > Eleventh Party A can formulate and adjust the welfare system timely according to the actual situation of the unit.
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< p > seven, labor protection, labor conditions and occupational hazards protection < /p >
< p > twelfth Party A arranges Party B's work to do harmless work (or for certain toxic jobs).
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< p > Thirteenth Party A shall, in accordance with the requirements of the production post, provide necessary safety protection measures to Party B in accordance with the relevant labor safety and health regulations of the state, issue necessary labor protection supplies, and guarantee the health and safety of Party B during the labor process.
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< p > fourteenth Party A shall formulate working norms and labor safety and health system in accordance with relevant laws and regulations of the state; Party B shall strictly abide by the labor safety system of Party A, strictly prohibit illegal operation, prevent accidents in the labor process, and reduce occupational hazards.
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< p > fifteenth, Party A shall establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention and control, and improve the level of occupational disease prevention and control.
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< p > Sixteenth Party B shall abide by the rules and regulations and labor discipline formulated by Party A according to law; Party A shall conduct criticism and education on Party B's violation of discipline and discipline, and may impose disciplinary sanctions and financial penalties in accordance with legal procedures.
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< p > Party B can refuse the management of Party A's violation of orders and coercion.
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< p > eight, seventeenth parties A and B agree to change this contract by changing, suspending, lifting, terminating and compensating the labor contract.
The alteration of the contract shall be made in written form, including the date and content of the change, signed and sealed by both parties, and the remaining changes shall be kept.
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< p > eighteenth the contract can be suspended for one of the following situations: < /p >
< p > (1) agreed by Party A and B; < /p >
< p > (two) Party B is confined to personal freedom by public security organs, national security or judicial organs for alleged crimes. < /p >
< p > (three) force majeure; < /p >
< p > (four) other circumstances stipulated by laws and regulations.
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< p > if the situation of suspension of performance is over and the conditions for performance of the contract are still fulfilled, the contract shall continue to perform.
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< p > nineteenth, Party A can terminate this Contract: < /p >
(P) (1) if a party proposes to terminate this contract and agree with Party B, it may terminate this contract.
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< p > (two) Party B has one of the following circumstances, Party A shall inform Party B thirty days in advance, or pay an additional party a month's wages, and may terminate this Contract: 1 Party B is ill or not injured by work, shall not be engaged in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged by Party A; 2 Party B is not competent for the work, and after training or adjustment of the position, it is still not competent for the job; 3.
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< p > (three) Party A can terminate this contract if Party B has one of the following circumstances: 1, during the probation period, it is proved that it is not in conformity with the employment conditions; 2, a serious breach of Party A's rules and regulations; 3 3 serious dereliction of duty and fraudulent practices, causing great losses to Party A; and 4 Party B establishing labor relations with other employers at the same time, seriously affecting the completion of the work tasks of the unit, or refusing to correct them by Party A; 5 5 by fraud or coercion or by taking advantage of danger, causing the other party to enter into or change the contract in violation of the true meaning of the contract, resulting in the contract invalid; and 6 has been investigated for criminal responsibility according to law.
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< p > (four) under any of the following circumstances, Party A can terminate this contract according to the company's bankruptcy law after fulfilling its legal procedures. 1, according to the enterprise bankruptcy law, 2 of the enterprises will have serious difficulties in production and operation; 3 of the enterprises should change their production, major technological innovation or adjustment of the way of operation. After changing this contract, they still need to be laid off. 4.
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< p > Party A shall terminate this contract in accordance with Article 1 (two) and (four), and shall pay Party B the economic compensation for cancelling the labor contract according to the relevant provisions of the state.
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< p > twentieth, Party B can < a href= "//www.sjfzxm.com/news/index_f.asp" > rescind the contract < /a > /p >
< p > (1) Party B's rescission of this contract may be terminated by consensus with Party A.
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< p > (two) Party B can notify the first party in writing thirty days ahead of time, and this contract can be terminate.
Party A can terminate this contract three days prior to probation period.
(three) Party A can terminate this contract if Party A has one of the following circumstances: 1 fails to provide labor protection or labor conditions in accordance with this contract; 2 does not pay labor remuneration in full and in time; 3 fails to pay social insurance premiums for Party B; 4 Party A rules and regulations violate the provisions of laws and regulations, which damage the legitimate rights and interests of Party B. 5, by fraudulent or coercive means or taking advantage of danger, causes the other party to enter into or change the contract in violation of the true meaning, resulting in invalidation of this contract.
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< p > (four) Party A forces Party B to work by means of violence, threat or illegal restriction of personal freedom, or Party A violates the direction and risks the party's personal safety. Party B can terminate the contract immediately without prior notice to Party A.
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< p > Party B shall terminate this contract in accordance with the provisions of this article (three) and (four). Party A shall pay to Party B the economic compensation for canceling the labor contract according to the provisions.
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< p > twenty-first, under any of the following circumstances, the contract shall be terminated: < /p >
< p > (1) the contract expires; (two) Party B shall enjoy the basic old-age insurance benefits in accordance with the law; < /p >
< p > (three) as a result of a party's legal provisions or circumstances of force majeure, this contract can not continue to perform; < /p >
< p > (four) due to the occurrence of accidents by Party B, the contract can not continue to perform.
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< p > When terminating this contract under this Clause (1) and (three), Party A shall pay Party B's economic compensation in accordance with the provisions unless Party A renews its labor contract with Party B on the condition of maintaining or improving the contract conditions and if Party B does not agree to renew the contract, Party A will not pay the economic compensation.
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< p > twenty-second when the contract expires, the contract shall continue until the corresponding circumstances disappear: < /p >
< p > (1) Party B has been engaged in occupational hazards operation, has not carried out occupational health examination before leaving work, or suspected occupational disease patients during diagnosis or medical observation period; < /p >
< p > (two) Party B is suffering from occupational disease or injury due to work injury and has been confirmed to be partially or partially disabled. < /p >
< p > (three) Party B is ill or not injured by work, within the prescribed medical period; < /p >
< p > (four) Party B during pregnancy, childbirth and breastfeeding; < /p >
< p > (five) Party B has worked in this unit for fifteen consecutive years and is less than five years from the statutory retirement age.
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< p > twenty-third, Party A shall provide Party B with proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to Party B within fifteen days.
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< p > Party B shall handle the handover in accordance with the agreement between the two parties.
The economic compensation payable by Party A shall be paid when the work is completed.
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< p > nine, other contents stipulated by the parties < /p >
< p > twenty-fourth articles a and B have agreed to add the following contents to this Contract: < /p >
< p > twenty-fifth the training service agreement and confidentiality agreement may be signed separately by the two parties as required, as the appendix to this contract.
The appendix to this contract is as follows: ten, labor dispute handling and other < /p >.
< p > twenty-sixth the items not stipulated in this contract shall be governed by laws, regulations and relevant regulations of the state and local governments.
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< p > twenty-seventh in the course of fulfilling this contract, or because of disputes arising from the termination or termination of this contract, both parties may apply for mediation, arbitration and litigation in accordance with the provisions of the labor dispute settlement procedures.
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< p > twenty-eighth, two copies of this contract. Party A shall deliver to Party B one original copy of this contract, which shall be retained by Party B.
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< p > Party A (official seal) Party B (signature or seal) < /p >
< p > the date of signing of the legal representative (principal person) or the principal agent (signature or seal): the date of the year (Chapter): filing time: Year Month Day < /p >.
< p > Annex 1 < /p >
< p > renewal of labor contract < /p >
< p > the renewal of the term of the labor contract, the term contract, the renewal contract shall take effect on the date of the month, and the renewal of the contract shall be terminated.
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< p > Party A (official seal) Party B (signature or seal) < /p >
< p > legal representative (principal person) < /p >
< p > or entrusting agent (signature or seal) < /p >
< p > date month < /p >.
< p > record (Chapter): filing time: Month Day < /p >.
< p > Annex 2 < /p >
< p > labor contract alteration < /p >.
< p > the following changes have been made to the contract by consensus between Party A and Party B: < /p >
< p > Party A (official seal) Party B (signature or seal) < /p >
< p > legal representative (principal person) or principal agent (signature or seal) < /p >
< p > date month < /p >.
< p > record (Chapter): filing time: Month Day < /p >.
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