Employment Agreement 1 Party A:
Address:
Party B: ID number
Address:
Through equal consultation, both parties have reached the following terms, which both parties shall abide by.
1. Party A designates Party B as an Internet cafe.
2. The probation period is days, and the probation salary is RMB. Depending on Party B's working conditions, Party A may extend or shorten Party B's probation period at its discretion (the longest period shall not exceed one month). If Party B has outstanding performance during the probation period and the assessment results are qualified, Party B may terminate the probation period at any time and become a regular employee.
Three. Party B's fixed salary is RMB/month. (The salary adjustment during the on-the-job period is determined according to the individual's work performance and post assessment standards).
Four. Party B's salary shall be paid by Party A before 2 1 every month (if the salary payment date falls on a Sunday or holiday, it shall be postponed or paid in advance). During Party B's tenure, if his work performance is outstanding, the Internet cafe will give extra rewards.
5. During Party B's employment, Party A shall attend the work according to Party B's actual attendance record and the attendance system of Internet cafes;
6. During the term of office, Party B shall strictly abide by Party A's management rules and regulations, keep Party A's business secrets, conscientiously perform its duties according to Party A's work arrangements, and consciously safeguard Party A's legitimate rights and interests; If Party B violates the rules and regulations of the Internet cafe during his tenure, the Internet cafe has the right to make corresponding punishment according to the rules and regulations.
7. During the term of office, when Party B proposes to dissolve this Agreement for its own reasons, it shall notify Party A in writing 30 days in advance so as to facilitate negotiation, work handover and payment. Only after completing the handover procedures can you officially leave your post, otherwise you will be dealt with according to the relevant rules and regulations of Internet cafes; Party B leaves his post without authorization during the performance of the employment agreement, and fails to go through the resignation procedures according to normal procedures. Internet cafes have the right to hold him liable for breach of contract. In addition to investigating the economic losses caused by it, wages and retained wages shall be treated as liquidated damages.
8. During Party B's employment, if Party A has justified reasons to think that Party B can't continue to work in the Internet cafe (Party B is found to have violated national laws, deliberately violated the company's management system and regulations-serious dereliction of duty, serious mistakes, passive execution of work instructions, fraud, disclosure of Internet cafe secrets ...), this agreement may be terminated at any time. At the same time, Party A has the right to investigate Party B's economic losses and require Party B to bear corresponding legal responsibilities.
9. Employees who violate the safety regulations of Internet cafes during their employment (illegal use of electricity, fire, gas appliance, drunkenness, fighting, entering informal entertainment places or Internet cafes, swimming in informal places, etc.). ) will have bad consequences, and they will be responsible for it.
X when signing this agreement, party b has fully understood the rules and regulations of party a and promised to abide by them.
This agreement shall come into force as of the date of signing. Matters not covered shall be settled by both parties through consultation.
Article 2 of the Labor Contract Party A: * * *
Party B: Name: ID number:
In order to standardize the management of the company, further stabilize the working mood of employees, ensure the implementation of labor discipline and management procedures, and promote the normal development of production and business activities, this agreement is formulated as follows:
1. Party A appoints Party B as Minister.
2. The appointment period is years, from the date of the month to the date of the month. The probation period is months, and the probation salary is RMB. According to Party B's work situation, Party A may extend or shorten Party B's probation period (up to three months) as appropriate. If Party B has outstanding performance during the probation period and the assessment results are qualified, Party B may terminate the probation period at any time and become a regular employee.
3. This agreement is a promise guarantee that employees must abide by during the probation period.
4. The new employee must ensure that all the certificates and materials submitted to the company are true and effective, otherwise the company can terminate the labor relationship at any time and investigate the relevant economic and legal responsibilities.
Five, since the date of entering the company's work, we must conscientiously implement the company's rules and regulations, obey the company's arrangement and management, go to work on time, and must not be late or leave early. If you need to ask for leave under special circumstances, you must apply to the person in charge of your department for approval, and you may not leave your post without approval. During the probation period, one leave time cannot exceed 1 day, and the cumulative leave time cannot exceed 3 days.
6. If the company's goods are damaged or lost, I am willing to abide by the company's assessed value and be responsible for fulfilling the obligation of compensation.
7. During the probation period, we will evaluate whether the employees are qualified for their posts (positions). Those who pass the examination shall be notified in writing and sign the corresponding labor contract. Those who fail the examination will be notified to terminate the test. The probation period is three months.
8. If you resign during the probation period, you must submit a written resignation application report half a month in advance. If you resign after becoming a full member, you must submit a resignation report one month in advance, and go through the relevant work handover procedures at the same time, otherwise the company will not settle the salary for that month.
1. Employees who leave their jobs within one week of probation will not be paid by the company.
You are not allowed to borrow money from the company during the probation period.
3. The term "resignation" as mentioned in this Agreement shall be based on the time when either party clearly expresses the dissolution or resignation of the employment relationship.
Nine. Party A shall pay Party B the salary of last month in cash on the 20th of each month. In case of rest days and legal holidays, the salary payment date shall be postponed accordingly.
X. Rights enjoyed by employees
1. Employees have the right to participate in the training and complete the training tasks according to the requirements of the company during the training period;
2. Employees have the right to rest and vacation according to law, and cooperate with the company to complete the rest and vacation work according to the company's relevant work and rest system;
3. During the training and internship, employees should get the corresponding salary according to the company's internship salary regulations;
4. Employees shall enjoy corresponding benefits according to the bonus and welfare system of the company.
Party A: Party B:
Year, month, sun, moon, sun.
Chapter III of the Employment Agreement Party A:
Address:
Party B: ID number
Address:
Through equal consultation, both parties have reached the following terms, which both parties shall abide by.
1. Party A appoints Party B as Minister.
2. The probation period is one year, from the date of the month to the date of the month. The probation period is months, and the probation salary is RMB. According to Party B's work situation, Party A may extend or shorten Party B's probation period (up to three months) as appropriate. If Party B has outstanding performance during the probation period and the assessment results are qualified, Party B may terminate the probation period at any time and become a regular employee.
3. If the probation period is terminated in the first week of training, there is no salary; If the probation period is terminated for more than one week, it will be settled according to the original salary standard of the probation period, and there is no meal supplement.
Four. Party B's fixed salary is RMB/month. (The salary adjustment during the on-the-job period is determined according to the individual's work performance and post assessment; The commission is paid according to the specific regulations of each department).
5. Party B's salary shall be paid by Party A before 10 every month (if the salary payment date falls on a Sunday or holiday, it shall be postponed or paid in advance).
6. During the employment period, if Party B has outstanding performance, the company will give extra rewards.
7. During the probation period, if Party B fails to meet the minimum standards for the probation period in the first month (within 30 days), it will be dismissed without any royalty allowance.
8. During the probation period, if Party B's personal quality and daily behavior norms have not been assessed by the company, the company will dismiss him without any royalty subsidy.
9. During Party B's employment, Party A shall attend attendance according to Party B's actual attendance record and the company's attendance system (overtime hours shall be subject to the overtime arrangement record of Party B's department head);
X. During the employment of Party B, Party A has the right to change Party B's post according to the work needs and Party B's actual working ability.
Make reasonable adjustments.
XI。 During his tenure, Party B shall strictly abide by Party A's management rules and regulations, keep Party A's business secrets, conscientiously perform his duties according to Party A's work arrangements, and consciously safeguard Party A's legitimate rights and interests.
12. When Party B proposes to dissolve this Agreement for its own reasons, it shall notify Party A in writing seven days in advance (managers, directors and supervisors shall submit written resignation applications one week in advance) so as to facilitate negotiation, work handover and salary payment. Only after completing the handover procedures can you officially leave your job, otherwise it will be handled according to the relevant rules and regulations of the company.
Thirteen. If Party B violates the company's system or regulations during his tenure, the company has the right to make corresponding punishment according to the system.
14. During Party B's employment, if Party A has justified reasons to think that Party B can't continue to work in the company (Party B is found to have violated national laws and deliberately violated the company's management system and regulations-serious dereliction of duty, gross mistakes, passive execution of work instructions, fraud, disclosure of company secrets, etc. ), this agreement may be terminated at any time. At the same time, Party A has the right to investigate Party B's economic losses and require Party B to bear corresponding legal responsibilities.
15. If Party B leaves his post without authorization during the execution of the employment agreement and fails to go through the resignation procedures according to normal procedures, the company has the right to investigate his liability for breach of contract. In addition to investigating the economic losses caused by it, wages and retained wages shall be treated as liquidated damages.
16. During the on-the-job period, employees who violate the company's safety regulations (illegal use of electricity, fire, illegal use of gas appliance, drunkenness and trouble-making, fighting, entering informal entertainment places or Internet cafes, swimming in informal places, etc.) will be responsible for the adverse consequences.
17. After the expiration of this agreement, Party A and Party B shall negotiate and sign a formal employment agreement.
18. When signing this agreement, Party B has fully understood the rules and regulations of Party A and promised to abide by them.
Matters not covered in this contract shall be settled by both parties through consultation.
Party A Party B
date month year
Article 4 Employment Agreement Party A:
Party B:
Party A and Party B have reached the following agreement through negotiation based on the principles of good faith operation, equality, voluntariness and mutual benefit:
Article 1 Party A shall provide Party B with personnel who need pre-job physical examination, and the personal medical examination expenses of Party A's personnel shall be borne by themselves. (The medical examination fee is agreed as follows.
Article 2 Party B shall, with a scientific and rigorous working attitude and in accordance with the contents of the medical examination items agreed by both parties, provide health examination services for Party A's medical examination personnel ... and return the commission agreed by both parties to Party A (the return amount is 35% of the total medical examination expenses agreed by both parties).
Article 3 Party B shall provide breakfast (2 pieces of egg yolk pie and soybean milk 1 cup) and follow-up health consultation for Party A's medical examiner free of charge.
Article 4 After negotiation by both parties, the physical examination contents of Party A's physical examination personnel include:
1, basic physical examination (height, weight, vision, blood pressure, pulse, checked by all clinical departments)
2. Radiological examination (DR chest film)
3. Electrocardiogram (12 lead electrocardiogram)
4, laboratory examination (blood type, blood sugar, blood routine, urine routine, liver function)
Article 5 If the medical examiner of Party A fails to participate in the medical examination or only participates in the agreed items for personal reasons, it shall be deemed that the medical examiner of Party A voluntarily gives up, and Party B will not refund the relevant medical examination fees separately.
Article 6 Expenses incurred by Party A's medical examiners beyond the contents of medical examination items agreed by both parties, such as medicine fees, treatment fees and personal designated examination items. The expenses shall be paid by the physical examination doctor of Party A himself. Party B will pay Party A 5% of the total consumption as a reward.
Article 7 In order to ensure the service quality of physical examination, Party A may arrange physical examination for personnel in batches according to the actual situation, and notify Party B at least one day in advance, so that Party B can make preparations before physical examination in advance.
Article 8 The method of obtaining the medical examination report shall be agreed by both parties.
Article 9 The term of this agreement is years, starting from the date of the month and ending on the date of the month. This agreement is made in duplicate, one for each party.
Article 10 This Agreement shall come into force as of the date of signature and seal. Matters not covered shall be settled by both parties through consultation.
Party A: (signature and seal)
Contact person:
Telephone message:
Date: Year Month Day (signature)
Bishan Renkang Hospital Contact:
Telephone:
Date: Year Month Day
Party B:
Article 5 of the employment agreement 1. Don't be short of necessary terms.
Each contract has a core content, and these terms are mandatory, and the bound parties shall not make any changes, otherwise the contract will be invalid, revoked or have other adverse consequences. For the labor contract, this part is called mandatory clause. Article 17 of the Labor Contract Law stipulates that a labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
Second, don't quote illegal clauses.
Enterprise is the main body of pursuing profit, and labor cost is one of the important components of enterprise cost. Reducing labor costs as much as possible is the goal pursued by every enterprise, but excessive pursuit will bring risks. When signing labor contracts with employees, enterprises often give full play to employees' autonomy and add supplementary clauses on the basis of necessary clauses, which may be illegal if they are not careful. Let's give a few simple examples.
(1) Term of the contract
Mainly means that the probation period should be consistent with the contract period. Article 19 of the Labor Contract Law: If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
The same employer and the same worker can only agree on a probation period. Many units repeatedly extend the probation period on the grounds that employees are still in the observation period and their job satisfaction is not high, which is wrong.
(2) Labor remuneration
This part mainly involves the issue of minimum wage, which mainly appears in the process of signing labor contracts between enterprises and low-income groups such as cleaning and security. In the process of setting the minimum wage, once deductions and fines occur, it will be lower than the minimum wage standard at that time, which obviously violates the provisions of the labor law.
(3) Work place
The work place in the labor contract should be clear and consistent with the actual work place of the laborer. If the unit unilaterally changes its place of work, the laborer may demand to pay economic compensation. If it is impossible to work in a fixed place due to work needs, the scope of the place should be agreed. If the employee agrees to obey the arrangement at any time, the terms should be changed appropriately.
(4) Rest and vacation
The standard working hours system does not exceed 8 hours per day and 40 hours per week on average. The comprehensive calculation of working hours system shall not exceed the sum of legal standard working hours in a comprehensive calculation cycle (week, month, quarter and year); Overtime is a delay, and overtime pay is essential. Enterprises need to consider it according to their own conditions.
(5) Insurance benefits
Employers should buy social insurance for each employee, which is a mandatory requirement of national laws. It is illegal to pay workers' social insurance premiums in cash, or workers voluntarily give up social insurance clauses.
Third, the labor contract should not be missed.
The Hr responsible for signing the labor contract must ensure that every worker has completed the signing. Whether it is omission or deliberate failure to sign, it is the performance of hr dereliction of duty. Because if the enterprise encounters the "lion's mouth" of the laborer, it will not only lose twice the salary of the unsigned labor contract, but also have no definite evidence to safeguard its legitimate rights and interests when there is a dispute to confirm the labor relationship.
Fourth, register in time after the deadline.
For a fixed-term labor contract, it should be signed in time within one month of the employee's employment, and it should be signed in time after the contract expires. After the expiration of the contract, the previous stage of the labor relationship between the employee and the employer is deemed to be terminated, except that the employee has the automatic extension of the labor contract as stipulated in Article 42 of the Labor Contract Law. What is reserved by the employer is regarded as establishing a new labor relationship with the laborer.
According to Article 7 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee within one year from the date of employment, it shall be complacent and pay the employee twice the monthly salary according to Article 82 of the labor contract from the day after one month to the day before the expiration of one year, and the day after the expiration of one year from the date of employment shall be regarded as an open-ended labor contract with the employee, and a written labor contract shall be immediately concluded with the employee.
So it is very important to renew the contract in time when it expires. Because double pay without signing a labor contract is a punitive clause, it should be used with caution in actual operation, subject to local arbitration rules.
What is mentioned in the article is an introduction to the problem of what are the loopholes in signing the employee employment agreement, hoping to help everyone. In practical work, whether it is a worker or an employer, if there are loopholes in the labor contract, it will have an adverse impact on it. Therefore, when signing or formulating, we must pay attention to the contents of the terms and conditions to avoid loopholes.