Professional Documents
Culture Documents
Employment Agreement
一、立合同双方 1. This Employment Agreement is made and entered into by
and between the following parties:
1(甲方名称):
注册住所:
常驻地址:
法定代表人:
Party A:
Registered Address:
Permanent Address:
Legal representative:
2 ( 乙 方 姓
名):
户籍地址:
常住地址:
身 份 证
号;
邮政编码:
联系电话:
Party B:
Registered domicile:
Habitual residence:
Number of ID Card:
Tel:
二、立合同事由 2. RECITALS
鉴于甲方愿意录用乙方,乙方愿意到甲方工作,按照《中华人民共和国劳动法》、
《中华人民共和国劳动合同法》和《上海市劳动和同条例》等我国国家和地方政
府的有关法律法规和行政规章,以及甲方制定的各项规章制度,本着平等、自愿
的原则,经甲、乙双方协商一致,特签订本劳动合同(以下简称“本合同”)。
WHEREAS, Party A intends to employ Party B and Party B intends to work
for Party A,
第九条(保密约定)Article 9 Confidentiality
(一)双方签订本合同后,乙方应遵守甲方《保密条例》,不得泄露甲方秘密,
不得在合同期内再受聘其他任何单位从事与甲方相同或类似或有竞争冲突的业
务。不得引诱甲方的其他在职职工离职。
9.1 Party B shall, after signing of this Agreement, observe Party A’s
Confidentiality Rules, and may not disclose any of Party A’s confidential
information; during the validity term hereof, Party B may not engage in
any business similar with or in competition with Party A’s business for
any other employer, and Party B may not induce other employees working
for Party A to resign from Party A.
(二)乙方在合同期内,属其岗位职务行为或主要利用甲方的物质技术条件所产
生的所有专利、版权和其他知识产权归甲方所有,乙方无权进行商业性开发。
9.2 Any and all patents, copyrights and other intellectual property rights
produced by Party B as his or her work duty or mainly by utilizing Party
A’s material during the validity term of this Agreement shall be Party
A’s property, and Party B is not entitled to any commercial rights
pertaining thereto.
(三)甲乙双方另订《保密协议》,具体确定双方的权利义务。乙方在本合同存
续期间和终止解除后承担甲方《保密协议》中规定的保密义务。
9.3 Party A and Party B are to enter into Non-disclosure Agreement
separately, so as to stipulate the obligations and rights of the two
parties. During the validity term of this Agreement and after the
termination hereof, the confidentiality obligation stipulated in the
Confidentiality Agreement has binding force upon Party B.
(四)乙方如在本合同存续期间,违反《保密协议》约定的,视作违纪行为,按
《职工违规处理办法》有关规定处理。
9.4 If, during the validity term of this Agreement, Party B breaches the
Confidentiality Agreement, Party B shall be deemed as having breached
Party A’s disciplines and is to be treated in accordance with the Rules
for Treatment of Employees in Breach of Regulations.
(五)乙方因违约给甲方造成经济或名誉损失的,应承担侵权赔偿责任,甲方有
权利向乙方追偿经济损失。
9.5 If Party B breaches this Agreement and thereby causes any economic
loss or reputation loss, Party B shall bear the liability therefor and
Party A may have the right of recourse against Party B for any economic
loss.
第十条(本合同的变更)Article 10 Alteration
(一)有下列情形之一的,甲、乙双方可以变更本合同:
10.1 In any of the following cases, the two parties hereto may alter this
Agreement:
1.在不损害国家、集体和他人利益的情况下,双方协商一致的;
1. On the condition of no prejudice to the interest of the State,
organizations or other individuals, the two parties reach agreement for
alteration;
2.本合同订立时所依据的下列客观情况发生了重大变化,致使本合同无法履行,
经甲乙双方协商一致的;
2. Any major change occurs to any of the following conditions on which
this Agreement is based, which renders performance hereof impossible, and
the two parties reach agreement for alteration:
(1)、公司因经济原因或法律原因导致职工从事的公司经营项目消失。
(2)、因公司战略调整,组织架构改变后,职工所从事的工作岗位消失。
(3)、因其他原因导致经营项目消失或工作岗位消失
(4).由于不可抗力的因素致使本合同无法完全履行的;
(5).本合同订立时所依据的法律、法规已修改的;
(1) Party A’s company business item in which Party B is engaged ends owing
to economic or legal reasons;
(2) The working positions in which Party B is engaged are canceled owing
to the readjustment of Party A’s company strategy or organizational
structure;
(3) Some business item or working positions are canceled for other
reasons;
(4) This Agreement is prevented by Force Majeure event from being
performed completely;
(5) Those laws or regulations on the basis of which this Agreement is
concluded have been modified.
(二).法律、法规规定的其他情形。
10.2 Other circumstances provided by laws or regulations under which this
Agreement may be altered.
第十一条 (本合同的解除)Article 11 Rescission of Agreement
(一)乙方有下列情形之一的,甲方可以解除本合同:
11.1 In any of the following cases, Party A may rescind this Agreement:
1、在试用期间,被证明不符合录用条件的;
2、严重违反劳动纪律及甲方规章制度的;
3、严重失职,营私舞弊,给甲方利益造成重大损害的;
4、同时与其他用人单位建立劳动关系,对完成甲方工作任务造成严重影响,或
者经甲方提出,拒不改正的;
5、以欺诈、胁迫的手段或者乘人之危,使甲方在违背真实意思的情况下订立或
者变更本合同的;
6、乙方被查实在应聘时或应聘后向甲方提供的其个人资料是虚假的、
7、乙方因卖淫嫖娼被收容教育的;
8、乙方受公安治安拘留处罚或者被劳动教养的;
9.乙方被依法追究刑事责任的;
1. During the probation, Party B proves to be unqualified for employment;
2. Party B breaches Party A’s labor disciplines or regulations or rules
seriously;
3. Party B commits dereliction of duty or engages in jobbery and thereby
causes major damage to Party A;
4. Party B has labor relationship with other employer during the validity
term hereof which has serious impact on completion of the work task
assigned by Party A, or Party B refuses to take rectification in spite
of Party A’s proposal;
5. Party B, by means of deception or coercion or by taking advantage of
Party A’s difficulties, forces Party A to conclude or change this
Agreement against Party A’s true will;
6. It is verified that Party B submitted fraudulent personal information
to Party A when or after applying for employment;
7. Party B receives custodial education owing to prostitution or whoring;
8. Party B is given security detention or reeducation-through-labor by
public security organs;
9. Party B is investigated for bearing criminal responsibility according
to laws.
(二)有下列情形之一的,甲方提前三十日以书面形式通知乙方后,可以解除本
合同:
11.2 In any of the following circumstances, Party A may, by sending Party
B a 30 days’ prior written notification, terminate this Agreement:
1.乙方患病或者非因工负伤,医疗期满后,不能从事原工作也不能从事
由甲方另行安排的工作的;
2.乙方不能胜任工作,经过培训或者调整工作岗位,仍不能胜任工作的;
3.本合同订立时所依据的客观情况发生重大变化,致使原本合同无法履行,经
甲、乙双方协商不能就变更本合同达成协议的;
1. Party B contracts sickness or sustains non-work-related injury, and
after the medical treatment period, Party B can engage in neither the
original work nor other work assigned by Party A;
2. Party B is not competent for his or her work and still can not be
competent for work after being trained or change of working posts;
3. Any objective condition on which this Agreement is concluded undergoes
material change, which prevents this Agreement from being performed, and
the two parties hereto can not reach agreement for alteration hereof
through negotiation.
(三)甲方濒临破产进行法定整顿期间或者生产经营发生严重困难等进行
经济性裁员的,提前三十日向工会或者全体职工说明情况,听取工会或者职工的
意见后,裁减人员方案经向政府的劳动行政部门报告,可以解除本合同。
11.3 In case Party A cuts off the number of employees owing to
rectification on bankruptcy or difficulty in production and business,
Party A shall make explanation to the trade union and all the staff members
in 30 days’ prior; after hearing the opinion of the trade union or
employees, this Agreement may be rescinded after the plan for reduction
of staff is reported to the administrative departments for labor.
(四)乙方有下列情形之一的,甲方不得依据本条第(二)、(三)款的规
定解除本合同(法律、法规有特别规定的除外):
11.4 Unless otherwise provided by laws or regulations, Party A may not
terminate this Agreement under Article11.2 or Article 11.3 hereof if Party
B:
1.从事接触职业病危害作业的劳动者未进行离岗前职业健康检查,或者疑似职业
病病人在诊断或者医学观察期间的;
2.患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的;
3.患病或者非因工负伤,在规定的医疗期内的;
4.女职工在孕期、产期、哺乳期的;
5.在甲方连续工作满十五年,且距法定退休年龄不足五年的;
6.法律、行政法规规定的其他情形。
1. is engaged in operations that would expose him or her to occupational
disease hazards and has not undergone a occupational health check-up
before leaving work, or is suspected of having contracted an occupational
disease and is being diagnosed or under medical observation;
2. has been confirmed as having lost or partially lost his or her capacity
to work due to an occupational disease contracted or a work-related injury
sustained during his or her employment with Party A;
3. has contracted an illness or sustained a non-work-related injury and
the prescribed period of medical treatment has not expired;
4. is a female worker in her pregnancy, confinement or nursing period;
5. has been working for Party A continuously for not less than 15 years
and is less than 5 years away from the legal retirement age; or
6. falls into any other circumstances stipulated by laws or administrative
regulations.
(五)乙方提前 30 日以书面形式通知甲方,可以解除本合同。乙方在试用期内
提前 3 日通知甲方,可以解除本合同。
11.5 Party B may, by sending Party A a 30 days’ written notification,
rescind this Agreement; during the probation, Party B may rescind this
Agreement by sending Party A a 3 days’ written notification.
(六)有下列情形之一的,乙方可以随时通知甲方解除本合同:
11.6 In any of the following cases, Party B may rescind this Agreement
by sending Party A a notification at any time:
1.甲方未按照本合同约定提供劳动保护或者劳动条件的;
2.甲方未及时足额支付劳动报酬的;
3.甲方未依法为劳动者缴纳社会保险费的;
4.甲方的规章制度违反法律、法规的规定,损害劳动者权益的;
5.因《中华人民共和国本合同法》第二十六条第一款规定的情形致使本合同
无效的;
6.法律、行政法规规定劳动者可以解除本合同的其他情形。
1. Party A fails to provide labor protection or working condition as
stipulated in this Agreement;
2. Party A fails to duly pay remuneration in full amount;
3. Party A fails to pay social insurance premium for Party B according
to laws;
4. Party A’s regulations go counter to laws or statutes and thus damage
Party B’s rights and interests;
5. This Agreement becomes null and void owing to the circumstances
provided in first section of Article 26 of Contract Law of the People’s
Republic of China.
6. Other circumstances in which Party B may rescind this Agreement
according to laws or administrative regulations.
(七)甲方以暴力、威胁或者非法限制人身自由的手段强迫乙方劳动的,或者甲
方违章指挥、强令冒险作业危及乙方人身安全的,乙方可以立即解除本合同,不
需事先告知甲方。但乙方应在事发当时或事发后 3 个工作日内向甲方提出解除本
合同的意思表示,经公司确认无误后,约定办理解除本合同手续的时间。如果一
方既没有明确的书面意思表示,又不上班的,甲方有理由理解为旷工的行为,将
按甲方的《职工违规处理办法》的有关规定处理。
11.7 In case Party A uses violence, threats or unlawful restriction of
personal freedom to force Party B to work, or if Party A forces or instructs
Party B to perform dangerous tasks which would endanger his or her personal
safety in violation of rules or regulations, Party B may terminate this
Agreement immediately without giving any prior notice to Party A. Party
B shall, at the time of the occurrence of the above-mentioned facts or
within three days thereafter, express his intention to terminate this
Agreement, and then the two parties may stipulate the time for termination
hereof after the confirmation by Party A. If Party B neither expresses
his intention of termination in writing nor goes to work for Party A, Party
A may deem Party B as absence from work without due reason and may treat
Party B in accordance with the Rules for Treatment of Employees in Breach
of Regulations.
(八)经甲、乙双方协商一致,可以解除本合同。
11.8 The two parties hereto may terminate this Agreement by reaching
mutual consent.
第十二条(本合同终止)Article 12 Termination
有下列情形之一的,本合同即行终止:This Agreement is terminated if:
1.本合同期满前,任何一方提出本合同不续签的,则本合同期满即行终止。
2.乙方开始依法享受基本养老保险待遇的;
3.乙方死亡,或者被人民法院宣告死亡或者宣告失踪的;
4.甲方被依法宣告破产的;
5.甲方被吊销营业执照、责令关闭、撤销或者甲方决定提前解散的;
6.法律、行政法规规定的其他情形。
1. before this Agreement term expires, either party expresses
its intention not to renew this Agreement;
2. Party B has started to enjoy his entitlement to basic old-age
insurance pension in accordance with the law;
3. Party B is deceased, or is declared dead or missing by a
people’s court;
4. Party A is declared bankrupt in accordance with law;
5. Party A has its business license revoked, is ordered to close
or is closed down, or Party A decides on early dissolution; or
6. Other circumstances stipulated by laws or administrative
regulations arise.
第十三条(本合同续签)Article 13 Renewal
甲乙双方应在本合同期满提前 30 天,就是否续订本合同事宜进行协商。
The two parties hereto shall, 30 days prior to the expiration of the
validity term hereof, hold negotiation as to whether to renew this
Agreement.
第十四条(本合同的补签)Article 14 Retroactive Signature of Agreement
在本合同期满前甲乙双方虽有续签意向,但因不可抗力特殊原因,双方不能就续
签意向进行有效沟通或不能及时续签本合同,致使本合同期满后,双方仍存在劳
动关系的,甲乙双方应在不可抗力特殊原因消除后及时补办续订本合同的有关手
续。
If the two parties have intention to renew this Agreement before the
expiration hereof, but they fail to hold effective communication or to
renew this Agreement owing to Force Majeure events, and therefore there
is employment relationship between the two parties after the expiration
hereof, then the two parties may renew this Agreement retroactively after
the end of effect of such Force Majeure event.
第 十 五 条 ( 本 合 同 的 无 效 、 失 效 ) Article 15 Ineffectiveness and
Nullification of Agreement
(一)乙方在签订本合同之前,甲方有权了解乙方与本合同直接相关的基本情况,
包括(但不限于)乙方的学历、工作经历、资格证书或任职证书(明)以及以前
劳动关系是否解除或终止,是否存在竟业限制等。乙方应提交有关的书面资料,
作如实说明,并应书面承诺其真实性。若因故意漏报、隐瞒前述基本情况,骗取
甲方签订本合同的,视为乙方的欺诈行为并导致甲方的严重误解,甲方有权依法
申请认定本合同自始无效,由此给甲方造成的损失,应由乙方全额承担。
15.1 Before conclusion of this Agreement, Party A shall have the right
to obtain Party B’s information related hereto, including but not limited
to Party B’s educational background, working experience, qualification
certificate or position assumption certificate and other information as
to whether his previous labor relationship is terminated and whether Party
B is under competitive restriction. Party B shall submit relevant written
documents and make explanation faithfully, and shall warrant in writing
the authenticity of such document. If Party B misrepresents or conceals
any of such information and defrauds Party A in concluding this Agreement,
Party B shall be deemed as defrauding and causing Party A to seriously
misunderstand, and under such circumstances, Party A shall have the right
to apply for confirmation of nullification of this Agreement, and Party
B shall be liable for any loss of Party A arising therefrom.
(二)乙方未按照本合同第一条规定的到岗日到岗的,本合同自到岗日满后自动
失效,但甲方认可的除外。由此给甲方造成的损失,应由乙方全额承担。
15.2 If Party B fails to be available for the position on the date
stipulated in Article 1 of this Agreement, this Agreement becomes null
and void after such date, except as otherwise accepted by Party A; and
Party B shall be liable for any and all the loss of Party A arising
therefrom.
(三)乙方理解并同意,诚信是重要的原则。因此乙方保证,不会作出任何不诚
信的行为。
15.3 Party B understands and agrees that the good faith is an important
principle, and therefore, Party B warrants that he or she will never commit
any actions of no good faith.
1、
2、
3、
甲
方: 乙
方姓名:
Party
A: Name of
Party B:
(合同专用章)
(company chop for contract)
法定代表人(章) 签名:
Legal representative (seal) signature:
、
、
签订日期: 年 月 日 签订日
期: 年 月 日
Signing
date: signing date:
签订于
Signed in