Chapter I General Provisions Article 1 In order to deepen the reform of personnel system in public institutions and protect the legitimate rights and interests of employers and employees, these Measures are formulated in accordance with relevant state laws and regulations. Article 2 These Measures shall apply to institutions under ownership by the whole people and collective ownership and all their employees within the administrative area of Dalian. Article 3 An employment contract is a written agreement between a unit and an employee to establish an employment relationship and clarify the rights and obligations of both parties and the way to deal with breach of contract. Once the employment contract is signed, it is legally binding. Article 4 The municipal, county (city) and district personnel bureaus are the competent departments of the people's governments at the same level to manage the employment contracts of institutions, and shall strengthen the supervision, inspection, guidance and management of the conclusion, performance, alteration, dissolution and termination of employment contracts within their respective administrative areas. Article 5 A public institution shall, on the basis of publicity and education, formulate specific measures for implementing the employment contract system according to these Measures, which shall be implemented after being discussed and adopted by the workers' congress or the workers' congress, and reported to the competent department for the record. Chapter ii conclusion of contracts article 6 an employment contract shall be signed by the employing unit and the employed personnel. When signing an employment contract, we should strictly implement national laws and regulations and follow the principles of equality, voluntariness and consensus. Article 7 An employment contract shall contain the following clauses:

(1) Term of the contract;

(2) Work content and working conditions;

(3) remuneration, insurance and welfare benefits;

(4) work discipline;

(5) Conditions for alteration, dissolution and termination of the labor contract;

(six) the responsibility for violating the employment contract.

In addition to the above-mentioned necessary clauses, the parties to a labor contract may agree on other contents through consultation. Article 8 The term of a labor contract can be divided into three types: fixed term, indefinite term and completion of certain tasks.

The term of the employment contract shall be determined by both parties through consultation. If the employee has worked in the same employer for more than 10 years and both parties agree to renew the labor contract, if the employee proposes to conclude an open-ended labor contract, the employer shall conclude it. Article 9 The employment contract shall be in written form and made in triplicate, with 65,438+0 copies held by each party and 65,438+0 copies kept in the personal files.

The employment contract shall be uniformly printed by the Municipal Personnel Bureau. Tenth institutions under ownership by the whole people and collective ownership shall sign employment contracts with all employees in accordance with these measures, except those who meet the conditions for dismissal.

The new employee of the company shall sign the employment contract within 15 days from the date when the employee enters the company. Except that the newly accepted retired soldiers and college graduates meet the relevant provisions of the state, other personnel may agree on a probation period, which shall not exceed 6 months at the longest. Article 11 Employees who are unwilling to sign the employment contract shall be given a two-month independent floating period by the employing unit, during which they shall enjoy the original salary and welfare benefits. If the unit fails to apply for transfer or resignation after the expiration of the self-flow, the unit has the right to dismiss. Chapter III Alteration, Dissolution and Termination of the Contract Article 12 After a labor contract is signed according to law, neither party may alter it without authorization. If it is really necessary to change the contract, both parties to the contract shall reach an agreement through consultation and change the contract according to the original signing procedure. If no agreement is reached, the original contract will remain valid. Article 13 A labor contract may be dissolved after both parties reach an agreement through consultation. Article 14 The employing unit may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is found that it does not meet the employment conditions;

(two) a serious violation of work discipline or the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) Conforming to the Interim Provisions of the Ministry of Personnel on Dismissal of Professional and Technical Personnel and Management Personnel in Institutions Owned by the Whole People;

(5) Being investigated for criminal responsibility according to law;

(six) illness or non-work-related injury, after the expiration of medical treatment, can not engage in the original work, nor obey other appropriate work arrangements;

(seven) unable to do the job, and still unable to do the job after being trained or adjusted;

(8) Failing to perform other obligations stipulated in the contract. Fifteenth units to terminate the employment contract shall notify the person in writing, which belongs to the fourteenth items (6), (7) and (8), it shall notify the parties 30 days in advance. Article 16 Under any of the following circumstances, the employing unit shall not dissolve or terminate the employment contract:

(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;

(2) The employee is sick or injured within the prescribed medical treatment period;

(3) Female employees during pregnancy, childbirth and lactation;

(4) Meet other conditions stipulated by the state. Seventeenth in any of the following circumstances, the employee may notify the employing unit to terminate the employment contract:

(1) is in the probation period;

(two) confirmed by the relevant state departments, the unit's safety production and hygiene conditions are bad, which seriously endangers the health of employees;

(three) the employer violates the national policies and regulations or the provisions of the employment contract, does not honor the relevant treatment, and infringes on the legitimate rights and interests of employees. Article 18 The labor contract will be automatically terminated after the employee is dismissed, dismissed or voluntarily resigned 15 days. Article 19. If the employed person requests to terminate the contract, and the unit has been engaged in full-time training in China for more than half a year, trained abroad for more than 1 month, and served in the unit for less than 5 years, the training fee will be paid to the unit at the rate of decreasing by 20% every year.