翻译
LABOUR CONTRACT
(FOREIGN INVESTED ENTERPRIZE)
THIS LABOUR CONTRACT (hereinafter referred to as the Contract) is made and entered into on ____________ (the Effective Date) by and between ___________ a company limited with its legal and registered office at ____________ (hereinafter referred to as the Company), and ___________, a legal entity under the laws of Country and of legal age, passport / ID No._________ (hereinafter referred to as the Employee).
WHEREAS:
A. The Company specializes in ___________.
B. The Employee has the necessary education, experience and qualifications to be employed by the Company in accordance with the terms and conditions set out herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereby agree as hereinafter follows:
Article 1 Employment
1.1 Title
The Employee agrees to accept the position of ___________ within the Company.
1.2. Duties
1.2.1 The Employee hereby agrees to faithfully, industriously, and to the best of the Employees ability, skill and experience, perform the duties of the position as shall reasonably be prescribed by the Company from time to time.
1.2.2 The Employee shall devote substantially all of the Employees business time and attention to the business and services of the Company and shall not engage in any other business, vocation or employment without the prior written consent of the Company.
Article 2 Term
2.1 This Agreement shall become effective ___________ and shall remain in effect for a term of __________ (the Term).
2.2 Either party may terminate this Agreement at any time for breach of any terms or conditions stated herein or for any other good cause upon ___________ days written notice to the other party.
2.3 The exit permit (if required) shall be handled by the Company at its own expense and shall be obtained within an appropriate time period.
Article 3 Compensation
3.1 The Company agrees to pay the Employee a monthly local salary of _____________. The salary shall not be linked to a performance evaluation system and will be consistent under any circumstances.
3.2 Bonuses may be paid upon reaching ___________ goals. Bonuses will be based on performance and take into account the financial condition of the Company. Bonuses are discretionary and not guaranteed.
3.3 All wages for services by the Employee shall be paid by the Company in accordance with applicable laws, decrees, or regulations.
3.4 The Company may supplement the salary and any eligible allowances with residential and non-residential housing allowances, additional transportation allowances and reimbursements for necessary entertainment costs in accordance with relevant Chinese laws, decrees and regulations.
Article 4 Benefits and Deductions
4.1 The Employee shall be entitled to receive all benefits, including insurance coverage and other welfare and services, which are applied from time to time as provided by laws, regulations, and/or insurance policies of China applicable to the Companys employees.
4.2 The Employee shall pay such legally prescribed deductions as social security contributions, income tax, and any other taxes and fees required by laws, decrees and/or regulations of China.
Article 5 Working Hours and Place
5.1 The Company shall strictly abide by the provisions of the Labor Laws and Decrees of China and the Employee shall faithfully observe and fulfill the same, including the regulations concerning working hours and days of rest.
5.2 The work location shall be in ___________ and also may be decided by the Company as required from time to time, with due consideration to the Employees obligations under the laws, decrees and/or regulations of China concerning employment and labor.
Article 6 Confidentiality
6.1 The Employee agrees to keep confidential, both during and after the transaction of the Agreement, all information related to the Company which is not in the public domain, including client lists, business secrets, and other sensitive information. The Employee further agrees to not disclose such confidential information to any third party without the prior written consent of the Company.
Article 7 Compliance
7.1 The Employee shall comply with all applicable laws, regulations, and rules of the Peoples Republic of China during his employment with the Company.
7.2 The Employee shall also obey all instructions and directions of the Company issued from time to time.
7.3 The Employee shall at all times effectively present himself in a manner consistent with the Companys standards of conduct, professionalism and shall not unreasonably interfere with the Companys work.
Article 8 Miscellaneous
8.1 Notices. Any notices which are required to be given under this Contract shall be in writing and shall be deemed served if sent by certified mail return receipt requested, or by facsimile transmission or electronic mail, or by private messenger or delivery service.
8.2 Entire Agreement. This Contract contains the entire Agreement of the parties with respect to the subject matter hereof and supersedes all Proposals, Contracts and other Agreements, whether oral or written and all other communications between the parties relating thereto.
8.3 Severability. In the event any provision or portions of any provision of this Contract shall be held to be void and unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible and the remaining provisions of this Contract shall remain in full force and effect.
8.4 Waiver. No waiver by either party of a breach or default of any of the provisions of this Agreement whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other breach or default of any of the same of any other provisions of this Agreement.
8.5 Choice of Law.
This Agreement shall be construed in accordance with the laws of the Peoples Republic of China.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate this _______ date of ___________ at ___________, respectively.
Company Name: ________________
Employee Name: _________________
