英文劳动合同模板.doc

EMPLOYMENT CONTRACT TEMPLATE

(模板一)
Part one: EMPLOYMENT CONTRACT

In consideration of the premises and mutual covenants and promises set forth herein the parties agree as follows:

ONE.

　Party A hereby employs Party B and Party B accepts employment from Party A with position to be determined and/or such other duties as Party A may, from time to time, determine. The employment period will be from XXX to XXX.

TWO. The valid term of employment

The valid term of employment is from the date of signing to the date of the expiry of the contract. If either party has an agreement to continue the employment on the month before the expiry of the contract, the employment shall be valid for a period of up to three years.

THREE. Probation period

Party B shall work under a probation period of three months. If Party A regards Party B unsuitable for the work during the probation period, Party A may terminate the contract without any responsibility.

FOUR. Work time

Party A makes the work time plan according to Party A's business and the law of the government.

FIVE. Remuneration and beneficiary treatment

1. Basic salary: according to the wage and salary policies of Party A.
2. Overtime Pay: according to the overtime pay policies of Party A.
3. Sick Leave, No-pay leave, Maternity Leave, Annual Leave, Marriage Leave, Funeral Leave and 　Government statutory public holidays: according to the law of the government.
4. Bonuses and other benefits shall be subject to Party A’s policies.

SIX. The rights and obligations of the parties

1. Party A may adjust Party B’s position according to the business requirement and the actual ability of Party B.
2. Party A has the power to render administration to Party B according its regulations.
3. Any and all work product of Party B that is conceived or created by Party B during the employment with Party A is the exclusive property of Party A.
4. Party A should provide professional training for Party B.
5. Party A undertakes to provide good and safe working conditions
6. Party B is entitled to corresponding remuneration, chance of promotion, legal holidays, annual leave and the rest time regulated by Party A.
7. Party B enjoys the right to attend professional study and raise proposals for work improvement.
8. Party B has the obligation to maintain Party A’s interest and reputation, abide by rules and 　disciplines formulated by Party A, and keep business secrets and technical secrets of Party A.

SEVEN. Termination

1. This contract of employment shall automatically terminate upon the occurrence of any of the following events:
a. This contract has expired but both parties do not have it renewed.
b. Bankruptcy of Party A.
c. Party A is dissolved or cancelled by Law.
d. The death of Party B.

2. Party A may terminate employee’s employment before contract expiry under any of the following circumstances:
a. Party B is not qualified to requirement of Party A during the probation periods.
　b. Party B severely violates any of Party A’s rules or disciplines.
c. Party B neglects duty or commits jobbery and causes great loss on Party A’s interests.
d. Party B is arrested, is the subject of an indictment, or charged with any crime or unlawful act.
e. Party B provides the false information to get the employment.

3. In any of the events, this contract may be terminated by Party A on 30 days’ prior written notice to Party B:
a. Party B who suffers from illness or injury not on duty is unable to carry out the original duty or to take on the new duty properly assigned by Party A after the medical treatment term.
b. Party B is obviously not qualified to requirement of the original duty, and there is no other proper position.
c. Economic reasons of Party A which may arise during the term of this contract and which may be beyond the control of Party A;
d. The condition being the base of contract has been greatly changed, and the contract can’t be carried out.

　4. In any of the events, Party A can’t unilaterally terminate the contract:
a. Party B is incapacitated for illness or injury from performing the duties and is in the medical treatment term.
b. Woman employee who observes birth control policy is in the period of pregnancy, confinement or lactation.
c. Other circumstances according the law of the government.

5. In any of the events, this contract may be terminated by Party B on 30 days’ prior written notice to Party A:
a. A failure to ensure Party B’s safety.
　b. A failure to pay Party B as agreed upon herein.
c. Party A violates badly the terms and conditions of the employment contract.

6. Party B shall be obliged to compensate the damage to Party A When Party B terminates the contract in advance.

7. After notice of termination, Party B shall cooperate with Party A, as reasonably requested by Party A, to effect a transition of Party B responsibilities and to ensure that Party A is aware of all matters being handled by Party B.

8. If Party B doesn’t cooperate with Party A, as reasonably requested by Party A, as a result of such breach, Party B must compensate the losses suffered by Party A.

EIGHT. The confidentiality and invention contract are included in Part two of this contract.

NINE. Both parties shall settle all disputes relating to the employment contract through friendly consultation. In case that no settlement to disputes can be reached through friendly consultation by both parties, the disputes shall be submitted to Arbitration Commission for arbitration

TEN. This contract supersedes any and all other contracts, either oral or written. Any modification 　of this contract will be effective only if it is in writing signed by the party to be charged.

The contract is made out in two originals, one for each party. The contract comes into force immediately after the date of signing.

Part two: CONFIDENTIAL INFORMATION

Part three: Signature

IN WITNESS WHEREOF, the parties hereto acknowledge, understand and agree to this employment contract. The parties understand and intend to be bound by all of the clauses contained in this document and further certify that they have received signed copies of this contract.

Party A’s Signature Party B’s Signature
(stamp)

　Date: