Chapter I General Principles
Article 1 In order to improve the labor contract system, deepen the company's labor employment system, clarify the rights and obligations of both parties to the labor contract, and build and develop harmonious and stable enterprise labor relations, these Measures are formulated in accordance with the Labor Contract Law and relevant state regulations, combined with the actual situation of the company's restructuring and reorganization.
Article 2 Enterprises must abide by the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility, and sign labor contracts with laborers according to law. An unincorporated unit shall not sign a labor contract with the laborer himself without authorization. The labor contract is immediately legally binding, and both parties must earnestly perform it.
Article 3 The employing unit shall establish and improve the labor contract management rules and regulations according to the labor laws and regulations and in combination with the actual situation of the unit. The formulation or revision of labor rules and regulations, especially those involving the vital interests of employees, should be discussed by the workers' congress or all employees, determined through equal consultation with trade unions or employee representatives, reviewed and approved by the board of directors, publicized or informed to employees, and reported to the Human Resources Department for the record.
Article 4 These Measures are applicable to the conclusion, modification and dissolution of labor contracts of all units affiliated to the Group Company.
Termination, contract renewal, labor dispute, management.
Chapter II Contents of Labor Contracts
Article 5 According to the Labor Contract Law, the text of the labor contract signed by the employer and the employee includes the following main clauses and contents (including but not limited to):
(1) Basic matters: company name, registered address and name of legal representative; Employee's name, gender, date of birth, ID number, etc.
(2) Basic terms: term of labor contract; Work content and work place; Labor protection and working conditions; Labor remuneration; Social insurance; Labor discipline; Conditions for termination of the labor contract; Liability for breach of labor contract.
(3) Supplementary agreement: training agreement; Confidentiality agreement and non-competition agreement; Other supplementary contents shall be agreed by both parties. Supplementary agreements and other agreements must comply with the relevant provisions of the Labor Contract Law.
Chapter III Conclusion of Labor Contracts
Article 6 The term of a labor contract can be divided into fixed term, non-fixed term and labor contracts with the completion of certain tasks as the term. A labor contract may stipulate a probation period, which shall not exceed six months at the longest. 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 fixed-term and non-fixed-term labor contracts of more than three years shall not exceed six months; The same employer and the same employee can only agree on a probation period; The starting and ending date of a fixed-term labor contract with the completion of a certain task as the term must be filled in. The salary during the probation period shall not be lower than the minimum wage of the same post or 80% of the salary agreed in the labor contract, and shall not be lower than the local minimum wage standard of the employer.
Article 7 Laborers, technicians or managers of major production and work posts of an employing unit may conclude an open-ended labor contract, but they must agree on the conditions for the termination of the contract, and keep confidential the production, technology and other secret contents of the employing unit. Workers in general production and work posts may conclude fixed-term labor contracts.
Article 8 When a laborer signs a labor contract with the internal employer of Yasheng Industrial (Group) Co., Ltd. for the first time, it shall sign another labor contract term according to the needs of the type of work, professional skills and management positions.
(a) receiving college graduates must sign a fixed-term labor contract.
(two) the introduction of shortage of professional and technical personnel, you can sign an open-ended labor contract.
(three) technical jobs, according to the needs of the work, after consultation with me, signed a labor contract; Other employees can sign fixed-term contracts.
Article 9 Under any of the following circumstances, a labor contract may be concluded within the time limit of completing a single task:
(a) to complete the contracting task by way of project contracting;
(2) Temporary employment due to seasonal reasons;
(three) other two parties agreed to complete a certain task as the time limit.
Article 10 The conclusion of a labor contract shall be signed by the legal representative of the employing unit or the competent leader entrusted by the legal representative or the person in charge of the human resources department as the agent and the employee himself. The labor contract shall not be signed by others. The signing of a labor contract by a legal person must be authorized by the legal representative.
Article 11 A laborer who transfers within Yasheng Industrial (Group) Co., Ltd. shall terminate the labor contract with the original employer and sign a labor contract with the new employer. New employees should sign a written labor contract within five days from the date of registration.
Article 12 Anyone who uses temporary posts in Lanzhou or needs to increase temporary employment due to production (work) must report to the Human Resources Department and solve it within the company first. When the internal problems cannot be solved, the unit that needs personnel can use external personnel, and with the consent of the human resources department, the employer can go through the employment signing procedures. Employees who have not established labor relations with other units may sign a labor contract with them for a maximum of one year.
Article 13 If the person in charge of the employing unit uses the labor force without authorization in violation of the provisions on the signing of the labor contract, causing problems of factual labor relations and joint liability, the relevant responsible person will be held accountable and punished according to the seriousness and consequences.
Article 14 The employing unit must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, educate workers on labor safety and health, prevent accidents in the labor process and reduce occupational hazards.
Article 15 During the contract period, the patents and intellectual property rights arising from the employee's job behavior or the main use of the employer's material and technical conditions shall be owned by the employer and shall not be entitled to commercial development. Nor shall they take advantage of the employer's work and position to seek economic benefits for themselves or other economic organizations.