How Do I Become a Sales Clerk?
Administrative affiliation
Sales clerk
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- Administrative affiliation
- Supervisor:
Sales Clerk Signing Information
- Party A (employer) name:
- Legal representative:
- company address:
- Contact information:
- Party B (Worker) Name:
- Resident identity card number:
- gender:
- Nationality:
- Education:
- Year of birth:
- Home address:
- Domicile:
- Contact information:
Sales clerk contract content
- According to the Labor Law of the People's Republic of China and relevant laws, regulations, rules and policies, after equal consultation between the two parties, Party B is a contract employee of Party A and concludes this contract.
- 1. Duration of the labor contract.
- Determined as follows:
- (1) This contract is a labor contract with a fixed term.
- The contract period runs from year to year. Among them, the proficiency period (training period, probation period) runs from year to year, and the probation period runs from year to day, and ends.
- (2) This contract is a labor contract with no fixed term.
- The contract period starts from the date of the year and ends when the legal or agreed termination (terms) of the contract appears. Among them, the proficiency period (training period, probation period) runs from year to year, and the probation period runs from year to day, and ends.
- (3) This contract is a labor contract with a deadline to complete a certain job.
- The contract period is from the date to the date (the start and end time must be clear and specific). Among them, the proficiency period (training period, probation period) runs from year to year, and the probation period runs from year to day, and ends.
- Work content.
- (1) Jobs of Party B:
- (2) Party B's work tasks (quantification) and assessment methods:
- See attachments.
- (3) Party B's post responsibilities:
- See attachments.
- (4) During the validity period of this contract, if Party B's performance, attendance and business activities do not meet Party A's relevant requirements for the evaluation and appointment of business personnel, Party A has the right to adjust Party B's work in accordance with Party A's relevant system and this contract Post, remuneration and termination of this contract according to law.
- Working hours
- (1) Both parties agree to implement according to the working hours system:
- 1. Standard working hours. Party B works no more than 8 hours per day and no more than 40 hours per week. Due to work requirements, Party A may extend the working hours after consultation with the trade union or Party B. Generally, it shall not exceed 1 hour per day. If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed the daily limit under the condition of ensuring the health of Party B 3 hours, no more than 36 hours per month.
- 2. Comprehensive calculation of working hours. The decision of the administrative permission of the special working hours system of the labor administrative department shall be obtained in advance. The average daily working time shall not exceed 8 hours, and the average weekly working time shall not exceed 40 hours.
- 3. Calculate working hours from time to time. The decision of the administrative permission of the special working hours system of the labor administrative department shall be obtained in advance. Working hours and breaks are arranged at your own discretion.
- (2) If Party A extends Party B's working hours, Party A shall arrange Party B to make up for rest or pay overtime at the same time according to law. However, due to the characteristics of the sales staff positions, Party B voluntarily conducted market research and customer data sorting outside working hours such as holidays. Party A did not pay overtime without Party A's confirmation of overtime.
- Fourth, labor compensation.
- (1) The monthly salary during Party B's proficiency period (training period, probation period, probation period) is yuan.
- (2) The monthly salary after the completion of Party B's proficiency period (training period, probation period, probation period) includes basic salary and other performance compensation, of which the monthly basic salary is yuan. For other compensation and evaluation, please refer to the company's rules and regulations formulated by Party A in accordance with the law. .
- (3) Wages are paid on a monthly basis, and Party A shall not default on any reason. In case of holidays or rest days, the payment will be adjusted to a similar working day. The monthly salary paid by Party A to Party B shall not be lower than the local minimum wage standard.
- (4) The increase and decrease of Party B's wages, bonuses, allowances, subsidies, payment of overtime and extra wages, and payment of wages under special circumstances shall be implemented in accordance with relevant laws, regulations, rules, policies and rules and regulations formulated by Party A in accordance with the law.
- (5) Party A adjusts Party B's salary in accordance with the operating conditions of the enterprise and the wage distribution method formulated in accordance with the law. If Party B does not raise an objection within 60 days, it shall be deemed as consent.
- 5. Labor protection, labor conditions and labor discipline.
- (1) Both parties A and B must strictly implement the state's relevant working hours, production safety, labor protection, health and other regulations. Party A shall provide Party B with labor protection facilities, labor protection articles and other labor protection conditions that meet the requirements. Party B shall strictly abide by various safety operation procedures.
- (2) Party A and Party B shall strictly abide by laws, regulations, rules and policies. Party A shall formulate various specific internal management systems according to law, and Party B shall submit to Party A's management.
- 6. Conditions for the modification, termination and termination of the labor contract.
- (1) This contract can be changed or cancelled with the consent of both parties.
- (2) Party A may terminate the labor contract if Party B has one of the following circumstances.
- 1. It was proved during the trial period that it did not meet the qualifications for employment;
- 2. Serious violations of labor discipline or Party A's rules and regulations;
- 3. Serious misconduct, malpractices for personal gains, and causing significant damage to Party A's interests;
- 4. Establish labor relations with other employers at the same time, which may have an impact on the completion of Party A's work tasks, or refuse to make corrections as proposed by Party A;
- 5. Using fraud, intimidation or taking advantage of others to cause Party A to enter into or change this contract against the true will, rendering this contract invalid;
- 6. Being investigated for criminal responsibility according to law;
- 7. Other circumstances required by laws and regulations.
- (3) In any of the following circumstances, Party A may terminate this labor contract after notifying Party B in writing 30 days in advance or paying Party B an additional month's basic salary:
- 1. Party B is ill or is not injured due to work. After the medical period expires, he cannot engage in the original work or work arranged by Party A.
- 2. Party B cannot be competent, and after training or adjustment of job positions, it is still incompetent;
- 3. Party B cannot engage in or be competent for the original post (type of work), and after negotiations between Party A and Party B, it is impossible to reach an agreement on the modification of this contract;
- 4. Significant changes have taken place in the objective circumstances upon which this contract was concluded, which has made it impossible to perform this contract, and it is not possible to reach an agreement on the modification of this contract after negotiations between Party A and Party B.
- (4) Party A is on the verge of bankruptcy and undergoing statutory rectification or has encountered serious difficulties in production and operation, and meets the government's severely difficult enterprise standards. If it is necessary to reduce staff, it shall explain the situation to the union or all employees 30 days in advance; The labor contract can be terminated after the written opinions are reported to the labor administrative department.
- (5) If Party B has any of the following circumstances, Party A shall not terminate the labor contract in accordance with the provisions of paragraphs (3) and (4) of this article:
- 1. Suffering from an occupational disease or work-related injury and being confirmed by the labor appraisal committee for loss or partial incapacity;
- 2. Sick or injured within the prescribed medical period;
- 3. Female employees during pregnancy, childbirth and lactation.
- (6) Party B may notify Party A to terminate this contract under any of the following circumstances:
- 1. Party B notified Party A in writing thirty days in advance;
- 2. Party A forced labor by means of violence, threats or illegal restrictions on personal freedom;
- 3. Party A fails to pay labor compensation in accordance with this contract;
- 4. Confirmed by relevant state departments that Party A's labor safety and health conditions are severe and seriously endanger Party B's personal safety and physical health.
- (7) Party B may terminate this contract by notifying Party A in writing 7 days in advance during the probation period.
- (8) This contract is terminated under any of the following circumstances:
- 1. This contract expires;
- 2. Party B begins to enjoy basic pension insurance benefits in accordance with the law;
- 3. Party B died or was reported missing or declared dead;
- 4. Party A was declared bankrupt according to law;
- 5. Party A has its business license revoked, ordered to be closed or cancelled, or Party A decides to dissolve in advance;
- 6. Other circumstances required by laws and regulations.
- (9) If either party A and B have an intention to renew, they should express their intention to renew to the other party in writing 30 days before the expiration of this contract. After mutual agreement, the labor contract can be renewed.
- (10) When Party A and Party B terminate or terminate this contract, Party B shall hand over the work to the person designated by Party A, return the assets of Party A, including office supplies, documents, and equipment, and completely transfer to Party A the important information containing Party A. Any carrier, and Party A clear up the creditor's rights and debts between the two parties, handle the resignation procedures and other outstanding matters.
- Social insurance and benefits
- (1) Party A and Party B participate in social insurance in accordance with the law and pay the insurance money in full and on time. Party B's personal payment part shall be withheld by Party A in his salary;
- (2) Party B's public vacation, lunch break, family visit leave, marriage and funeral leave, female worker's pregnancy, maternity. The lactation treatment and the payment of Party B's living allowances (economic compensation) and medical subsidies when the labor contract is terminated and terminated are implemented in accordance with relevant laws, regulations, rules, policies, and regulations formulated by Party A in accordance with the law;
- (3) Treatment for Party B suffering from occupational diseases or injuries due to work. Funeral expenses, one-time pensions, and allowances for supporting family members who have died due to work or illness are in accordance with relevant laws, regulations, rules, and policies;
- (4) The medical treatment period and treatment of Party B's illness or injury, and the medical treatment provided by Party B to support immediate family members shall be implemented in accordance with laws, regulations, rules, policies and regulations formulated by Party A in accordance with the law.
- Economic compensation, compensation and liability for breach of contract
- (1) When Party A and Party B terminate this contract, Party A shall implement the relevant national regulations for the payment of economic compensation in accordance with the Labor Contract Law.
- (2) If Party B terminates this contract in violation of relevant state regulations or this contract, and causes losses to Party A, Party B shall compensate Party A for the following losses:
- 1. Party A recruits and collects the expenses incurred by Party B;
- 2. Party A will provide vocational and technical training during Party A's term of employment (including transfer). When Party B terminates this contract before Party A has reached the agreed service life, Party A can pay the actual training fees (including wages during the training period). Compensation is calculated as a percentage of the total amount of training fees actually paid for each year of service. If the two parties have agreed otherwise in the training agreement, it shall be handled in accordance with the training agreement.
- 3. Direct economic losses to Party A's operations and work;
- 4. Other expenses that Party B shall compensate.
- (3) If Party B has not rescinded this contract with Party A and established labor relations with other employers, if Party A causes losses, Party A shall be liable for compensation.
- (4) If the contract cannot be performed or cannot be performed completely due to the fault of either party A and B, the party at fault shall bear the legal liability; in the case of the fault of both parties, both parties shall bear their respective legal liabilities according to the actual situation.
- (5) If this contract cannot be performed due to force majeure, it may not bear legal responsibility;
- (6) If either party A or B violates this contract and causes economic losses to the other party, it shall pay the other party compensation according to the consequences and the magnitude of the liability.
- 9. Party A may enter into confidentiality and competition restriction clauses with Party B according to the specific situation of Party B's job.
- 10. Other matters that both parties need to agree on:
- Eleven, the company's rules and regulations formulated by Party A in accordance with the law, including but not limited to employee manuals, job responsibilities, training agreements, competition restriction agreements, safety standards, compensation systems, assessment systems, and attendance systems, are all related to this company's management methods. The main annex of the contract.
- If the terms of this contract are inconsistent with laws, regulations, rules, policies, and the company's rules and regulations formulated by Party A, and matters not covered in this contract, all shall be implemented in accordance with laws, regulations, rules, policies, and the company's rules and regulations formulated by Party A. .
- 12. With the consent of Party B, when it is in a state of barriers to communication (including but not limited to situations in which Party B is hospitalized due to illness, loss of personal freedom, etc.), the authorized agent designated by Party B may accept settlement and mediation on behalf of him, and receive and sign relevant documents on behalf of him .
- 13. When a labor dispute arises during the performance of this contract, both parties A and B shall resolve it through negotiation. If the negotiation fails or is unwilling to negotiate, they may apply for mediation with the labor dispute mediation committee of their unit. Either party A or B can apply to the labor dispute arbitration commission directly. Those who are not satisfied with the arbitral award may sue in the people's court.
- 14. This contract is made in two copies. Both parties A and B hold one copy, each of which has the same legal effect.
- Before signing this contract, both parties confirmed:
- All parties have carefully read the terms and attachments of this contract, fully understand the contents of the contract and attachments, and promise to strictly abide by the contract.
- Party A (seal):
- Representative (Signature):
- Party B (Signature):
- Contract conclusion date:
- year month day
- Place of conclusion of the contract: