What Is a Part-Time Employment Contract?

An employment contract is a type of labor contract. It is an agreement that establishes the rights and obligations between the employer and the employee. This type of agreement refers to a contract for the purpose of hiring or hiring technical professionals or managers who have special technical business expertise among working and non-working workers. Employment contracts are divided according to different employment methods, and labor contracts can be divided into employment contracts, employment contracts, and secondment contracts. The employment contract is also called the employment contract. It is an agreement between a public institution and its employees on the relationship of rights and obligations to perform related work duties on the basis of equality, voluntariness, and consensus in accordance with relevant national laws and policies. Employment contracts generally apply to the recruitment of specific workers with technical business expertise.

Employment contract

Employment contract is

An employment contract, as a form of contract, has the common legal characteristics of a general contract and is mainly manifested in the following aspects:

1.The employment contract is consistent between the parties

The two concepts of employment contract and employment contract appear simultaneously in China to regulate labor relations between professional and technical personnel and managers.

As a basic form and means of establishing and adjusting the labor relationship between public institutions and employees under the market economy system, employment contracts must have a time limit in order to reflect the independent rights of both parties and give full play to their expertise and management capabilities. The main reason for vitality and vitality. Choose reasonable

An employment contract is a special form of a labor contract in a broad sense. It has the basic characteristics of a labor contract and its basic system is consistent with the labor contract. However, due to the characteristics of public institutions and the state's management of public institutions, they are still different from enterprises in some respects, so they are somewhat different from narrow labor contracts (enterprise labor contracts), mainly in the following aspects:

1. The scope of application is different. The main body to which a narrow labor contract applies is an enterprise, and the scope of application of an employment contract is mainly a public institution. The employment contract is the product of the reform of the personnel system of the public institution. The content of the employment contract system reflects the employment system of the public institution by entering into a labor contract to achieve the production of its physical products. Institutions are organizations engaged in non-production operations. The labor results achieved through the employment contract are mainly manifested in spiritual products and intellectual products. The production activities of enterprises are for profit, and the service activities undertaken by public institutions belong to social public welfare undertakings. While realizing their economic benefits, they must put social benefits first.

2. The degree of government intervention is different.

Employer:

Hired by:

identity number:

According to the Labor Law of the People's Republic of China and other relevant laws and regulations, the employing parties have reached the following agreement on the principle of equality, voluntariness, and consensus:

Position

According to the needs of the work, the hired party is engaged in the department to work.

Contract period

According to the nature of the job position, the employing party adopts the first form of contract:

(I) Fixed contract period: from March 28, 2011 to March 28, 2014, for a period of three years. The trial period is one month.

(2) No fixed contract period: From the date of the year 200 to the termination of this contract, the two parties terminate this contract.

operating hours

(1) The employing party adopts the standard working hours system stipulated by the state, that is, the employed person works 8 hours per day and 40 hours per week (Monday to Friday). Due to the different nature of work, some management positions and business positions can be flexibly arranged according to work requirements under this principle.

(2) The employer may extend the working hours after consultation with the hired party due to the needs of the business operation, generally no more than one hour per day; if the working hours need to be extended for special reasons, the extended work shall be carried out under the conditions that protect the physical health of the hired party. Time does not exceed three hours per day. Overtime hours do not exceed 36 hours per month.

(3) In case of extension of working hours under other circumstances stipulated by laws and administrative regulations, it shall not be restricted by the provisions of the preceding paragraph. Ceremony of signing employment contract by the government

wage

(1) The employing party shall adopt the first salary system according to the nature of the job and the salary and welfare system of the candidate:

1. Fixed wage system. Candidates' fixed monthly salary is RMB 1500;

2, basic salary + commission wage system. The fixed monthly salary standard (basic salary) of the hired person is RMB yuan, and according to the business assessment system, the salary of the business assessment is issued based on the monthly turnover completed by the candidate.

3. Business commission system. The employing party adopts loose management for the candidates. The hired person enjoys business commission at a certain percentage. The Employer pays salaries based on his / her monthly salary.

(2) The employer shall pay day on the 15th of each month.

(3) Where the hiring party arranges for overtime, he shall pay wages in accordance with Article 44 of the Labor Law.

(4) Salaries will be paid according to the state and social obligations during the working hours in accordance with state regulations.

(5) Salaries during the period of suspension of employment shall be implemented in accordance with the "Interim Provisions on the Administration of Wages in Shenzhen Special Economic Zone Enterprises" and other relevant regulations and policies.

Working conditions

(1) The Employer must provide the job seekers with labor safety and sanitary conditions and necessary labor protection supplies that comply with state regulations. Workers engaged in occupational hazard operations should undergo regular health checks.

(2) The hired person has the right to refuse to execute the risky operation of the management personnel of the hired party in violation of the rules, and has the right to refuse to execute it; he has the right to criticize, report, and sue for actions that endanger the safety of life and physical health.

Various treatments

(1) The employer shall follow the relevant regulations of Zhangzhou Social Insurance and apply for social insurance such as endowment, work injury, medical treatment, and unemployment for the applicant.

(2) If the hired is disabled or dies due to work, he shall be dealt with in accordance with the Regulations on Work Injury Insurance and relevant regulations.

(3) Other welfare benefits shall be implemented in accordance with the relevant system formulated by the employer. Enjoy benefits.

(4) Where the economic conditions permit, the employing party shall continuously improve the welfare of the employed party.

Work discipline

The hired person should strive to:

(1) Abide by the rules and regulations formulated by the employer.

(2) The various documents, materials and other information contacted by the person being hired are the business secrets of the employer, and the person being hired is obliged to keep it confidential and not to spread to the outside. (3) No person shall hold an important or part-time job in any unit other than the employer in the name of an individual, or engage in business that conflicts with the interests of the employer.

(4) Complete the tasks assigned by the employer on time.

(5) Actively obey the work transfer of superior supervisors.

(6) Take care of the employer's property.

(7) Comply with national and local family planning policies.

Contract amendment

(1) The hirer may adjust the job position of the hired according to the job requirements and the ability of the hired, so as to achieve reasonable allocation and utilization of people and posts. After the adjustment, the two parties should change the labor contract on the post transfer

Due to changes in other factors of the contract, the labor contract can be changed in accordance with the law after consultation and agreement between the hiring parties. The changed contract or contract terms shall become effective after being sealed or signed by both parties.

(2) The employer may terminate the employment contract at any time under any of the following circumstances:

1. The hired person seriously violates labor discipline or the rules and regulations of the employer;

2. The hired is seriously dereliction of duty, engages in malpractice for personal gain, and causes significant damage to the interests of the hired party;

3. The hired person violates the work discipline of Article 2 and 3 without the permission of the employer;

4. The hired person is investigated for criminal responsibility according to law;

5. Other circumstances required by laws and regulations.

(3) In any of the following circumstances, the hiring party may terminate the employment contract, but the applicant shall be notified in writing 30 days in advance.

1. When the employing party is on the verge of bankruptcy and undergoing statutory rectification or the production and operation conditions are in serious difficulties, the administrative authority of the employing party determines that it is necessary to reduce staff;

2. If the hired person is ill or not injured due to work, after the expiration of the medical period, he / she cannot engage in the original work or the appropriate work arranged by the employer;

3. Candidates are not qualified for the job, and are still incompetent after being trained or adjusting their positions;

4. Significant changes have taken place in the objective circumstances upon which this contract was concluded, which has prevented the original contract from being fulfilled, and no agreement on the modification of the employment contract can be reached through negotiation between the two parties.

(4) In any of the following circumstances, the employing party shall not terminate the employment contract in accordance with the provisions of paragraph 3 of this Article:

1. The hired suffers from occupational disease or injury due to work and is confirmed to have lost or partially lost his ability to work;

2. The employee is ill or not injured at work within the prescribed medical period;

3. The hired person is during pregnancy, childbirth, or lactation;

4. Other circumstances required by laws and regulations.

(5) In any of the following circumstances, the hired person may notify the employer to terminate the employment contract at any time:

1. During the trial period;

2. The employer fails to pay labor remuneration or provide labor conditions as agreed in the employment contract;

3. The employer has forced labor by means of violence, threats or illegal restrictions on personal freedom;

4. Other circumstances required by laws and regulations.

(6) The employment contract shall be terminated by one of the following circumstances:

1. The employer declares bankruptcy according to law;

2. The employing party shall be dissolved or cancelled in accordance with the law;

3. The hired person died.

(7) Except in the circumstances specified in Paragraph 5 of this Article, the person who terminates the employment contract shall notify the employer in writing 30 days in advance.

(8) Re-establishing a labor contract: If the contract expires and the two parties agree to continue the employment relationship, the two parties will re-establish an employment contract within 30 days before the contract expires.

(9) Termination of the contract: The contract terminates itself upon expiration of the contract or termination conditions agreed upon by both parties.

Liability for breach of contract

(-) Legal liability of the employer

1. If the employer deducts or owes the employee's salary, or refuses to pay the employee's overtime pay, in addition to paying the employee's salary in full within the prescribed time, an economic compensation equivalent to 25% of the salary shall be issued gold.

2. If the salary paid by the employer to the hired person is lower than the minimum wage standard announced by the municipal government for the year, the lower part shall be made up, and the lower part shall be compensated to the employee by 1% of the total daily.

3. If the hiring party violates Article 6 (1) of this contract and fails to obtain relevant social insurance for the hiring party, causing economic losses to the hiring party, the hiring party shall compensate the hiring party in accordance with the relevant provisions of Shenzhen social insurance.

4. If one of the following situations is met, the employer shall pay the employee financial compensation in one lump:

1) If the contract is proposed by the employer and the two parties agree to terminate the labor contract:

2) The employer terminates the employment contract in accordance with Article 8, paragraph (3), paragraphs 1, 2, 3, and 4 and (e) (5) paragraphs 2, 3, and 4.

5. If the hiring party terminates the employment contract in accordance with Article 8 (3) (2) of this contract, the hiring party shall pay the one-time medical subsidy to the hired person in accordance with relevant state regulations.

6. If the hiring party terminates the employment contract in accordance with Article 8, paragraph (3), paragraphs 2, 3, and 4 without notifying the hiring party 30 days in advance, the hiring party shall pay the average salary for one month as economic compensation.

(2) Legal liability of the hired party

If the hired person terminates the employment contract in violation of the contract and causes losses to the hired party, the hired party shall compensate the hired party for the following losses:

1. Employer pays for recruiting and recruiting the hired person;

2. The training expenses paid by the employer;

3. Direct economic losses to production, operation and work.

(3) The two parties agree on the following liabilities for breach of contract:

X. Dispute Resolution

After a labor dispute between the hiring parties, they should first be resolved through negotiation. If the negotiation fails, it may apply to the labor dispute arbitration commission for arbitration. If there is no objection to the arbitral award, both parties must perform it; if they are not satisfied with the arbitral award, they can sue in the people's court.

XI. Matters that the parties agreed to need to be changed and re-negotiated with the original clauses: 12. Matters not covered in this contract or the terms of the contract that are inconsistent with the current labor laws and regulations shall be implemented in accordance with the current labor laws and regulations.

13. This contract is effective from the date of signing or stamping by both parties. Alteration or signing without written authorization is invalid.

14. This contract is made in duplicate, each party holds one.

Employer: (Seal) Interviewee: (Signature)

Principal person / date date ^[1]