甲方（用人单位）名称：Name of Party A (Employer):
甲方（用人单位）名称：Name of Party A (Employer):
Legal Representative (or Principal Responsible Person):
乙方（劳动者）姓名：Name of Party B (Employee):
居民身份证号码：ID Card No:
The Parties, intending to be bound hereby, agree to enter into this Employment Contract on the basis of equality, free will and mutual consultation pursuant to the Labor Law of the People’s Republic of China （“PRC”）, the Employment Contract Law of the PRC and other laws, regulations and rules.
第一条 劳动合同类型及期限 Article 1 Type and Term of the Employment Contract
1. The type and term of the Employment Contract shall be determined as set forth in Item ___ below:
Fixed Term: From ____ to ________;
Open-ended: From _______ to the date when a statutory obligation or agreement to terminate the contract arises; or
Project-based: From _____ to the expiration of the term.
This Contract specifies a probationary period commencing on ________ and ending on _______.
Article 2 Job Description, Workplace Location and Work Requirements
乙方从事________ 工作,工作地点在 。
Party B shall engage in the job of ______, with the workplace located at ____________.
乙方工作应达到以下标准 ________ 。根据甲方工作需要，经甲、乙双方协商同意，可以变更工作岗位、工作地点。
Party B’s work shall meet the following standards: ________. Party B’s job positions and workplace locations may be changed with the Parties’ mutual consent based on Party A’s work needs.
Article 3 Working Hours, Rest and Leave Entitlements
The working hours shall be determined as set forth in Item ___ below:
The normal working hours system shall be implemented. Party B shall work no more than 8 hours a day, and 40 hours a week, and shall have at least one day’s rest each week.
A non-fixed working hours system shall be implemented with the necessary approval from the relevant labor administration authorities.
A cumulative working hours system shall be implemented with the necessary approval from the relevant labor administration authorities.
Due to its operational needs, Party may extend Party B’s working hours upon consultation with the Trade Union and Party B, provided that the extended working hours for a given day should generally not exceed one hour. If an extension of working hours is necessary for special reasons, the extended working hours for a given day should not exceed three hours, provided that the extended working hours for a month should not exceed 36 hours. Party A shall ensure that Party B will receive their rest and leave entitlements according to the law.
Article 4 Work Remuneration, Payment Method and Date of Payment.
The monthly remuneration payable to Party B during the probationary period shall be RMB___________.
二、试用期满后，乙方在法定工作时间内提供正常劳动的月劳动报酬为________ 元，或根据甲方确定的薪酬制度确定为________ 元。
After the expiration of the probationary period, the monthly remuneration for Party B’s performance of his normal labor obligations within statutory working hours shall be RMB_______, or RMB ____ determined under Party A’s remuneration policies.
Party B’s wage increase/decrease, bonuses, allowances and subsidies, and overtime wages, as well as the wage payment in special circumstances, shall be governed by relevant laws and regulations and Party A’s internal rules and policies. The wages paid by Party A to Party B shall not be less than the minimum wage standard stipulated by the people’s government where the employer is located.
Party A will pay wages to Party B on the ___th day of each month. Party A shall wages in monetary form on a monthly basis, without delay.
During any period when Party B participates in any social activities which citizens are requested to perform for national or public interests, during statutory working hours, Party A shall pay wages to Party B according to the law.
第五条 社会保险Article 5 Social Insurance
Party a and Party B must participate in social insurance and pay social insurance premiums on a monthly basis in accordance with the law. The amount payable by Party B shall be withheld by Party B from the Party A’s monthly wages.
Article 6 Labor Protection, Working Conditions and Protections Against Occupational Hazards
The Parties must strictly implement relevant national occupational safety, labor protection and occupational sanitation procedures and standards. Any job exposed to occupational hazards shall be specified in the contract, and Party A shall provide Party B with work safety and hygiene facilities, labor protection equipment and other necessary conditions for Party B’s work activities. Party B must strictly comply with the work disciplines, operating procedures and safety rules set by Party A. Party A must conscientiously carry out relevant provisions formulated by the state for the protection of female and under-aged employees,
Article 7 Modification, Cancellation and Termination the Employment Contract
The Parties may modify relevant terms of the Employment Contract where they have agreed to do so through mutual consultation and agreement.
The Parties may terminate the Employment Contract where they have agreed to do so through mutual consultation and agreement.
Party B may terminate the Employment Contract with 30 days’ prior written notice to Party A. Party B may terminate the Employment Contract during the probationary period with 3 days’ written notice to Party A.
Party B may terminate his employment contract under any of the following circumstances involving Party A:
Where Party A has failed to provide labor protection or working conditions as stipulated in the employment contract;
Where Part A has failed to pay remuneration on time or in full;
Where Party A has failed to contribute social insurance premiums on behalf of Party B in accordance with the law;
Where Party A’s policies violate laws or regulations, thereby infringing upon Party B’s rights and interests;
Where Party A has concluded or modified the Employment Contract against the true intentions of Party B through the use of fraud, coercion or exploitation of the unfavorable position of Party B, as a result of which this Agreement is deemed null and void; or
Other circumstances for termination by Party B as specified under laws and regulations.
Party B may terminate the Employment Contract with immediate effect and without advance notice to Party A If Party A uses violence, intimidation, or an unlawful restraint of individual freedom to compel Party B to work, or if Party A instructs Party B to violate the law or engage in hazardous work that endangers his personal safety.
Party A may terminate the Employment Contract under any of the following circumstances involving Party B:
Where Party B proves not to meet the criteria for employment during his probationary period,
Where Party B has committed a serious violation of Party A’s rules and policies;
Where Party B has committed a serious dereliction of duty or has engaged in embezzlement, causing severe losses to Party A’s interests;
Where Party B has simultaneously established an employment relationship with another employer, severely hampering his ability to complete work duties, or has refused to rectify the matter following a request to do so by Party A;
Party B has concluded or modified the Employment Contract against the true intentions of Party A through the use of fraud, coercion or exploitation of the unfavorable position of Party A, as a result of which this Employment Contract is deemed null and void; or
Where Party B is being pursued for criminal liability.
Party A may terminate the Employment Contract by giving 30 days’ written notice to Party B or by paying Party B an amount equivalent to one month’s salary in lieu of notice, under any of the following circumstances:
Where Party B has contracted an illness or sustained a non-work-related injury and, following the completion of the medical treatment leave period, is still unable to undertake his work and is unable to undertake other work arranged by Party A;
Where Party B is incompetent and remains so even after training or being transferred to a new position.
Where major changes have occurred in the objective circumstances under which the Employment Contract was concluded, such that the contract can no longer be performed, and the Parties cannot reach an agreement to modify the Employment Contract following mutual consultations
Party A may terminate the Employment Contract after it has issued a statement to the trade union or to all employees with 30 days’ prior notice and has considered the opinion of the trade union or employees, and after filing a workforce-reduction plan with the labor administration authority, under any of the following circumstances: (1) where the enterprise is undergoing restructuring pursuant to the provisions of the Enterprise Bankruptcy Law; (2) where serious difficulties have arisen with respect to the manufacturing or operations of the enterprise; (3) where the enterprise is changing its business nature, implementing significant technical reforms or adjusting its operating methods and, following modification of the employment contracts, it is still necessary to retrench employees; or (4) where major changes have occurred in the objective circumstances under which the contract was concluded, such that it can no longer be performed.
The employment contract shall expire under any of the following circumstances:
1、劳动合同期满的；Where the term of the employment contract has expired;
Where Party B has started to enjoy basic pension insurance benefits;
Where Party B dies, or is declared dead, deceased, or missing by a people’s court;
Where Party A has had its business license revoked, has been ordered to close or is closed down, or Party A has resolved to undergo liquidation; or
Under other circumstances as stipulated by laws, administrative rules or regulations.
If an employment contract expires and any of the circumstances specified in Article 42 hereof applies, the contract’s term shall be extended until the relevant circumstances cease to exist, whereupon the contract shall end.
Has engaged in work that exposed him to the risk of occupational disease, and the employee either has not yet completed a pre-dismissal health examination or is suspected of having a work-related disease for which he is being diagnosed or examined;
Has contracted an occupational disease or sustained a work-related injury, due to which he has been confirmed as having totally or partially lost the ability to work;
Has contracted an illness or sustained a non-work-related injury and is currently within the medical treatment period;
Is a female employee who is currently pregnant or within the maternity leave or post-natal period;
Has worked continuously for the same employer for a period of at least 15 years, and is within 5 years from the statutory age of retirement; or
Under other circumstances as stipulated by laws, administrative rules or regulations.
In any of the 9 circumstances set forth herein, Party A shall not terminate the Employment Contract pursuant to Article6.7 hereof.
第八条 违反劳动合同的责任Article 8 . Liabilities for Breach of the Employment Contract.
Where Party A terminates the Employment Contract or allows it to expire in violation of this law, Party A must pay damages to Party B. Where Party B terminates the Employment Contract in violation of this law, thereby causing Party A to incur losses, he shall be liable for compensation.
Article 9 Other matters considered necessary by the Parties
第十条 其他Article 10 Miscellaneous
If any dispute arises under this Contract, either Party may file an application for mediation with the enterprise labor dispute mediation committee, or file an application for arbitration with the labor dispute arbitration committee. If either party disagrees with the arbitration ruling, the party may file a proceeding in a People’s Court with competent jurisdiction.
Matters that are not provided in this Contract will be dealt with in accordance with existing laws, rules and regulations.
Should any provision of this Contract be in violation of the PRC laws or regulations, the new laws and regulations shall govern.
This Contract is entered into in accordance with the law and shall be effective upon execution by the Parties. The Parties must strictly perform this Contract.
This Contract is produced in two original copies. Each party shall keep one original copy.
甲方（盖章）： Party A (seal):
Signed by the Legal Representative (Principal Responsible Person)
乙方（签字）：Party B (seal)
签约日期：Date of Execution: