新版英文合同模板.doc

Serial No.:

Employment Contract

Party A:
Legal Representative:
Registered
Post Code: Telephone No.:

Party B: Gender:
ID No.:
Home Address:
Mailing Address and Post Code:
Domicile: Street（Town） District（County） Province（Municipality）
Telephone:

In accordance with the Labor Law of the People’s Republic of China, the Law of the People’s Republic of China on Employment Contract, and other relevant laws and regulations, on the basis of equality and of their own accord, and through consultations, Party A and Party B have reached consensus and signed this Contract and shall collaboratively abide by the conditions prescribed in this Contract.

Chapter I Term of the Employment Contract

Article 1 This Contract is a fixed term employment contract. This Contract enters into effect on date month year among which the probation period ends on date month year . And this Contract shall expire on date month year .

Chapter II Job Description and the Place of Work

Article 2 According to the stipulations of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU signed between Party A and (the employing work unit, hereinafter referred to as “the Organization”), Party A dispatches Party B to work with the Organization as a___ (post). Party B has been selected after test and appraisal by the Organization, has read and learned the related content of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU and the Handbook for Employees. Party B’s work performance shall satisfy the requirements of the Organization and Party B shall timely accomplish the work in terms of requested quality and quantity.
According to the work requirement, Party A may send Party B to work at other Organizations.

Article 3 Based upon the work requirement and after consultation with Party B, the Organization may adjust the position, duty, and work place of Party B. If such adjustment happens, Party A shall be informed within 15 days; Party A and Party B shall sign an agreement on such alteration to the employment Contract.

Chapter III Working Hours, Holidays and Leave

Article 4 The working hours, holidays and leave shall be arranged by the Organization in compliance with relevant laws of the State and the requirement of the work position.

Article 5 The Organization shall pay Party B overtime fee according to the related regulations of the State if Party B is required to work overtime.

Chapter IV Labor Protections and Working Conditions

Article 6 The Organization shall provide necessary working conditions, tools and labor protection articles according to relevant regulations and requirements of the state.
Party B shall strictly abide by the labor safety regulations of both Party A and the Organization, and it is strictly forbidden to work in violation of the relevant regulations so as to prevent accidents in the course of the work.

Chapter V Remuneration

Article 7 The remuneration for Party B during his/her employment period shall be calculated based on the total fees for employment as determined herein by the Labor Service Contract on Employment of Chinese Citizens /or Agreement /or MOU.
(I) Party B’s income distribution is indicated by the attached Table.
(II) The minimum salary standard of the Beijing Municipality shall be taken as the basic salary of Party B.
(III) The salary of Party B in the probation period: Party A shall pay no less than 80% of Party B’s remuneration.
(IV) Sick leave salary of Party B: Within the prescribed treatment period, Party A shall pay at a rate no less than 80% of the minimum salary standard of the Beijing Municipality.
(V) Remuneration and benefits of Party B during unemployment shall be paid by Party A according to the minimum salary standard of the Beijing Municipality.
(VI) Both Party A and Party B agree as follows on the remuneration and relevant matters in case of arrears on the part of the Organization:
1. In the event that the Organization has been over 30 days in arrears with payment of the total employment fees or Party B’s remuneration, social insurance premiums, housing provident fund or management fee defined by this Contract while Party B provides normal service, Party B shall report to Party A in time and has an obligation to assist Party A with representations to Party A so as to urge the Organization to make timely payment of all the relevant fees prescribed by the Contract.
2. During the period when the Organization has been over one month, but less than two months in arrears with relevant payment, Party A shall advance money for Party B’s remuneration, and also pay Party B’s social insurance premiums and housing provident fund first and get paid back later.
3. In case the Organization has been in arrears for two months, Party A may remove Party B from the current post at its discretion. Whereas Party B shall cooperate on their own initiative and obey the work arrangement by Party A. Failure to do so on the part of Party B shall be regarded as an agreement between Party A and Party B to terminate this Contract.
4. In case Party B is willing to continue their service to the Organization even the Organization is in arrears with payment, Party A shall pay Party B’s remuneration according to the minimum salary standard of the Beijing Municipality.
5. In case the Organization entrusts Party B with payment of Party A’s total employment fees or management fee and Party B fails to pay the relevant fee to Party A in time without any legitimate reason, leading to the arrears on the part of the Organization, Party A shall have the right to give the warning and inform the Organization. In case Party B has refused to make such payment for two months and therefore functionary embezzlement or misappropriation has cropped up, Party A may cancel this Contract with Party B.
6. Party A shall pay no economic compensation in case of termination or cancellation of this Contract according to Section 3 or 5 of this agreement.

Chapter VI Social Insurance and Other Benefits

Article 8 Entrusted by the Organization, Party A shall handle the procedures relating to the social insurance and housing provident fund for Party B according to the regulations of the state and the Beijing Municipality.
The amount of the social insurance premiums and housing provident fund for Party B during the employment period and the way of payment shall be decided upon and implemented in compliance with the stipulations of the Labor Service Contract on the Employment of Chinese Citizens /or Agreement /or MOU lawfully signed between Party A and the Organization.
(I) The medical treatment for Party B during illness or in case of non work-related injury shall follow the relevant regulations of the State and the Beijing Municipality.
(II) The benefits for Party B shall follow the relevant regulations of the state and the Beijing Municipality in case he or she contracts occupational disease or suffers work-related injury.

Article 9 In case of arrears on the part of the organization or during Party B’s unemployment, Party A shall adjust the benchmarks for the social insurance premiums and the housing provident fund in accordance with the regulations of the State and then pay the premiums and housing provident fund for Party B.

Chapter VII Discipline

Article 10 Party B shall abide by the working discipline, rules and regulations of both Party A and the diplomatic mission.
(I) Party A has the responsibility to train and educate Party B on vocational ethics, professional skills, labor safety, working discipline, rules and regulations.
(II) Party B has the obligation to receive the education and training by Party A. Party A has the right to settle any breach or violation committed by Party B and even to terminate the employment contract according to relevant regulations.

Chapter VIII Termination and Expiration of
the Employment Contract

Article 11 This Contract may be terminated if consensus is reached between the two parties.

Article 12 This Contract may be terminated if Party B notifies Party A in writing 30 days in advance; or Party B notifies Party A 3 days in advance during the probation period.

Article 13 If Party A or the Organization is in any of the following circumstances, Party B may terminate this Contract:
(I) fails to provide labor protection or working conditions stipulated by this Contract;
(II) fails to pay full amount of the remuneration in time;
(III) fails to pay the premiums of social insurance and the housing provident fund according to law;
(IV) compels Party B to work by way of violence, threats or unlawful restriction of personal freedom.

Article 14 Party A may terminate the Contract, if Party B is in any of the following circumstances:
(I) is proved during the probation period not up to the requirements for employment;
(II) materially breaches working rules and regulations of Party A and the Organization;
(III) commits serious dereliction of duty or engages in malpractices, causing substantial losses to Party A or the Organization;
(IV) “holds post concurrently” in other institution or establishes de facto labor relationship with other institution;
(V) is prosecuted for criminal responsibility according to law;
(VI) is in other circumstances supporting Party A’s termination of this Contract as stipulated by laws or administrative regulations.

Article 15 Party A may terminate the Contract after it gives a 30 days’ written notice to Party B , if Party B is in any of the following circumstances:
(I) After the prescribed period of medical care for an illness or non-work related injury, is still incapable of engaging in his/her original job, nor can he/she engage in the job otherwise arranged by Party A;
(II) is incompetent and remains incompetent after training or adjustment of his/her job position.

Article 16 Party A shall not apply Article 15 of this Contract to terminate the Contract, if Party B is in any of the following circumstances:
(I) is engaged in operation exposing him/her to hazards of occupational disease and has not undergone a pre-departure occupational health check-up, or being suspected of having contracted an occupational disease and being diagnosed or under medical observation;
(II) has been confirmed as having lost or partially lost his/her capacity to work due to an occupational disease or work-related injuries;
(III) receives medical treatment for diseases or non-work related injuries within the prescribed period of medical care;
(IV) is a female employee during her pregnant, puerperal, or nursing period.

Article 17 Under any of the following circumstances, this Contract shall be terminated.
(I) Employment Contract is expired;
(II) Party B has lawfully started to enjoy the basic pension;
(III) Party B has been paid for the applicable discharge economic compensation in compliance with the regulations of the State;
(IV) Without the prior consent from Party A, Party B, during his/her employment with the Organization, asks for a resign from the Organization or quits the job without notifying the Organization;
(V) The Organization declares to close down or to dismantle;
(VI) Party B passes away, or has been declared dead or missing by the people’s court;
(VII) Other circumstances prescribed by laws and administrative rules.

Article 18 At the time of cancellation or termination of this Contract, Party A shall produce a certificate for such cancellation or termination, and complete the personnel file and social insurance relationship transfer formalities for Party B within 15 days.

Chapter IX Economic Compensation

Article 19 Under any of the following circumstances, Party A shall pay to Party B economic compensation:
(I) Party A proposes to Party B for termination of this Contract in accordance with the terms of Article 11 of this Contract, and consensus is reached after consultations with Party B to terminate the Contract;
(II) Party B terminates this Contract according to the terms of Article 13 of this Contract;
(III) Party A terminates the Contract in compliance with the terms of Article 15 of this Contract;
(IV) This Contract is terminated in compliance with terms of Item I Article 17 of this Contract except that Party A maintains or improves the contracting conditions for the renewal of this Contract, but Party B disagrees to such renewal;
(V) This Contract is terminated in compliance with the terms of Item V Article 17 of this Contract.

Article 20 The economic compensation shall be based on Party B’s years of service with the Organization at the rate of his/her monthly salary for every full year of service. Any service length of more than six months but less than one year shall be counted as one year; for any service length of less than six months, the economic compensation payable to Party B shall be half of his/her monthly salary..
If Party B’s salary is three times higher than the average monthly salary of employees in Beijing in the previous year, the economic compensation payable to Party B shall be at the rate of three times the average monthly salary of employees’ and the countable length of service for economic compensation shall not exceed twelve years.
The monthly salary refers to the average salary of Party B of the twelve months prior to the termination or expiration of this Contract.
If Item (I) Article 15 of the Contract is applied to terminate this Contract, Party A shall pay Party B in addition medical care subsidies equivalent to the amount of six months’ salaries. Moreover, Party A shall pay an additional amount of 50% of the medical care subsidies to Party B in case of a serious disease, and 100% of the medical care subsidies in case of a fatal disease.

Article 21 Party B shall complete the hand-over of work according to the regulations of Party A and the Organization. Economic compensation shall be paid during the process of the hand-over.
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Article 22 If the Organization pays directly to Party B the economic compensation, Party B shall refund all received compensation to Party A in a timely fashion; in this case, Party A will, in accordance with the provisions of this Contract, continue the labor relationship with Party B. If Party B fails to refund the economic compensation received from the Organization, then it shall be assumed that Party A has executed such obligation, and that both parties agree to terminate this Contract, and Party B shall not claim any other econ