Party A (Name of Employer): International Trading Co., Ltd.
乙方（劳动者）姓名： Party B (Name of the Employee): 性别：Gender:
出生年月：Date of Birth: 家庭住址：Home Address:
居民身份证号码： Resident ID Card No.:
In order to establish a labor relationship to protect the lawful rights and interests of both employer and employee, this contract has been concluded upon negotiation and mutual consent in accordance with the relevant provision of Labor Law as well as Labor Contract Law of People’s Republic of China.
一、劳动合同期限Article One. Term of Labor Contract
The Term of this labor contract shall be defined in accordance with section :
This contract is a non-fixed term labor contract: contract term From Date Month Year to the occurrence of legal or stipulated dissolution or termination conditions.
Contract term is from Date Month Year to Date Month Year, lasting months, including a probation period from Date Month Year to Date Month Year. The labor contract shall terminate automatically upon expiration of contract. For production need of Party A, a labor contract can be renewed upon mutual negotiation (probation period will not be implemented for a contract renewed).
This contract is a labor contract based on the completion of work to some extent. From Date Month Year to Date Month Year.
二、工作内容Article Two. Job Contents
Party A arranges Party B working on the position (type of work) of ___ . Party B shall fulfill all kinds of job content under this position (type of work). For production need, Party A has the right to change the operating post of Party B.
三、工作时间和休假Article Three. Working Hours and Holidays
(i)The working hours of Party B shall be determined according to section 1 or section 2 in accordance with his/her job nature:
1、实行标准时工作制 Section 1. working system of standard time
每周工作五天，每天工作八小时。Working five days a week and eight hours a day.
2、实行不定时工作制Section 2. flexible working hour system
Working hours and off hours for Party B will be determined according to job demand and arrangement of Party A. Party A adopts collective working & rest and stagger holidays by turns and other proper way to guarantee employee’s right of rest & vacation and completion of production & work task.
(ii) Party B is entitled to have vacations and reward & welfare in accordance with the internal institutions of Party A.
四、劳动报酬Article Four. Labor Reward
Party A shall pay labor reward monthly to Party B in form of currency, which shall not be deducted or delayed without justification. Provided that Party B accomplishes normal work in legal working hours, the wage paid to Party B shall not less than the local minimum wage standard.
(i) Party A promises that the wage day is due before the ___ of each month.
(ii) Both parties have reached a consensus through consultation that labor reward of Party B shall be determined according to section ___ .
Section 1. Party B’s wage during probation period is 80% of the post wage.
Section 2. Labor reward for Party B shall be determined by internal wage allocation system on the basis of position and performance in accordance with corporate rules and regulations constituted by law.
Section 3. Party A exercises piece rate wage system according to internal wage allocation system in accordance with corporate rules and regulations constituted by law.
Section 4. Party A exercises contract wage system according to contract agreement of employing unit.
五、劳动纪律Article Five. Labor Discipline
Party A formulates labor discipline and regulatory compliance in line with relevant provisions of national rules and regulations, Party B shall observe labor discipline and regulatory compliance of his/her own free will and comply with administration of Party A.
Article Six. Labor Protection & Labor Conditions
Both parties shall strictly observe national regulations concerned with working hours, production safety, labor protection and hygiene and health. Party A shall provide Party B with labor safety devices, labor protection appliances and other necessary protective measures against occupational hazards in conformity with the competent provisions. Party B shall abide strictly by various safe operating rules.
Article Seven. Termination, Dissolution, Renewal and Alteration of Labor Contract
(i) The contract shall terminate in case of the occurrence of one of the following cases:
1、劳动合同期满的；1. The expiration of the labor contract;
The term of contract based on the completion of work to some extent;
Occurrence of termination conditions agreed by vocational training & education department and employee;
During contract period, the employee came of mandatory age for retirement and went through the formalities of retirement;
The employee who died or is announced his/her death or missing by the People’s Court;
The employer is revoked of business license thereof, or is ordered to close down or is discharged, or it determines to go to liquidation before the schedule;
7、公司被依法宣告破产的； The employer is announced bankrupt according to law;
8、法律、行政法规的其他情形。 Other circumstances stipulated by the law and regulations.
(ii) This labor contract can be terminated upon the agreement of the both Parties.
(iii) Party A shall have the right to rescind the labor contract in case Party B violates one of the conditions as follows:
Those who have been proved to be not conform to the employment conditions of employer during the trial period;
Those who frequently come late, leave early or absent from work;
Those who deliberately violate operating regulation so that cause heavy losses to production equipment and safety of company;
Those who involve in gross neglect of duty, jobbery or seeking personal gain by taking advantage of their position so as to cause impact and loss to corporate image and interest.
Those who steal property of company or involve in drugs or gambling being examined and dealt with;
Those who commits murder, fight with other or hurt others with violence;
7、请人代工的；Those who arrange others as his substitute;
Those who take on second job in other unit or be engaged in business activities to gain reward and earn extra profit;
Those who establish a labor relationship with the employer through frauds;
10、被依法追究刑事责任的。Those who are prosecuted for the criminal responsibility;
(iv) Party A shall have the right to relieve the labor contract in case of the following conditions; however, Party A shall inform Party B thirty days in advance in written form:
1. Party B who is unable to do his/her former job or other jobs arranged by Party A after running out medical treatment period due to sickness but not for work-related injury;
2. Party B who is not competent for the job and keeps incompetent or rejects position adjustment after training or adjustment;
3. The objective conditions for signing the labor contract significantly changed, which caused that the original contract can not be fulfilled. Moreover, an agreement for alteration can not be reached upon negotiation by the parties involved.
(v) When Party A is carrying out legal reorganization on the edge of bankruptcy or encountering serious difficulties and requiring cutting down employees, the employee can be cut down in a manner prescribed by law. The labor contract shall terminate automatically in case of
(vi) Party B accords with one of the following cases but not conform to Article 7, Section (III), Party A shall not terminate the labor contract:
Those who suffer from occupational disease or work-related injury and be identified as losing or partially losing the ability to work;
Those who are involved in the specified medical period due to sickness or injure.
Female employee who are involved in pregnancy, confinement and lactation;
Those who has been working for the employer for exceeding 15 years continuously and is less than five years away from his legal retirement age (excepting the employee himself/herself requested to terminated);
The employee who is occupied in contacting occupational hazard operation without pre-job occupational health examination or those who is diagnosed of suspected occupational disease during diagnosis or medical observation period;
6、法律、行政法规规定的其他情形。 Other circumstances stipulated by the law and regulations.
(vii) Party B shall inform Party A of the termination of labor contract 30 days in advance in written form;
(viii) Party B may at any moment inform Party A to terminate the labor contract in case of the occurrence of one of the following cases:
During the probationary period (the employee may discharge the labor contract if he/she informs the employer three days in advance);
The employer forces employee to work in the means of violence, menace or illegal restriction of personal freedom;
The employer fails to pay employee or provide employee with working conditions in accordance with the stipulation of labor contract;
The employer fails to pay the social insurance premiums for the employee in accordance with the law;
The regulatory compliance formulated by employer breaks the stipulation of law & regulation and violates the rights & interests of employee;
(ix) Upon expiration of labor contract, after evaluated as qualified by employer, the employee will be submitted to HR for approval of renewal of labor contract.
(x) The contract can be terminated upon mutual consent between two parties; but one party shall notify the other party thirty days in advance.
八、社会保险和福利Article Eight. Social Insurance and Welfare
(i) Both parties shall participate in the social insurance according to law and pay endowment insurance, unemployment insurance, medical insurance, insurance against injury at work and maternity insurance in full and on time. The social insurance paid individually by Party B will be withheld by Party A from his/her wages;
(ii) Party B’s remuneration during sabbatical leave, marriage and funeral leave, pregnancy and puerperal period as well as economic compensation at the time of termination of labor contract will be implemented in line with relevant laws, regulations, rules and policies as well as stipulations formulated by Party A according to law;
(iii) Remuneration in case that Party B suffers occupational disease or injures while working or die on the job or die of illness will be implemented according to relevant laws, regulations and policies;
(iv) Remuneration during the period when Party B suffers sickness in hospital or be in medical treatment due to work-related injury will be paid in accordance with relevant provision of national policy.
九、违反劳动合同的责任Article Nine. Responsibilities of Breach of the Labor Contract
(i) If Party B’s fault results in incomplete performance of contract, the faulty party, i.e., Party B shall bear the liabilities; if both parties are at fault, in accordance with the actual conditions, each party shall be commensurately liable for breach of the contract that is due to its fault;
(ii) The party concerned who can not fulfill the contract due to irresistible causes shall timely inform the other party of the causes for failure of performance, deferment of performance or partial performance; after being granted relevant certificate of permission for deferment of performance, partial performance or nonperformance, the party concerned can be partially exempted or completely exempted from liability as the circumstances may require;
(iii) For the requirement of work or production, Party A is responsible for the training of position or professional skill; when Party B violates training agreement, training agreement will be executed.
(iv) Employee at core positions who involves corporate secrets and holds key technology terminates labor relation with company shall not engaged in same occupational job within two years; the company will pay the same amount with the local minimum wage as confidential fee; Party B who causes any damage to company during confidentiality period will be called to account for compensation in line with Labor Contract Law of People’s Republic of China.
十、 双方约定的其他事项Article Ten. Other Matters Agreed by the Both Parties
(i) Party A shall inform Party B of the corporate regulation and rules explicitly.
(ii) Matters not mentioned herein shall be settled through negotiation.
(iii) The concluded contract is binding on both parties who shall strictly implement.
(iv) This contract is made in duplicate, each party holds one.
(v) The training agreement concluded through consultation will act as an appendix to the contract and have comparable effect with contract.
十一、因乙方擅自离职，致使公司重要文书和法律文书无法当面送达时，按地址 邮编 收信人 当面送达。
XI. Corporate important documents and legal instrument which can not be delivered face to face due to Party B’s unauthorized leaving from office will be delivered to the address, postcode and addressee face to face.
法定代表人（委托代理人）： Legal representative (Entrusted representative):
签订日期：Date of signing: