標準勞動契約中英文版

3.乙方為甲方工作滿12個月後,乙方每年可享有10天帶薪休假;工作滿五年後每年享有15天帶薪休假;滿十年後每年享有20天帶薪休假。乙方要休假時,應提前壹個月向甲方提出書面申請,得到甲方書面批准後,乙方才可休假。但員工每年可以享有最多五天的跨年度帶薪休假。跨年度休假必須在第二年第一季度最後一天前休完。

After working for party A for 12 months, party B is entitled to 10 days annual leave with full income each year. after working for party A for 5 years, party B is entitled to 15 days annual leave with full income each year. after working for party A for 10 years, party B is entitled to 20 days annual leave with full income each year. when party B wants to have a vacation, party B should provide an application in writing one month in advance. upon the written approval from party A, party B may have a vacation with full income. but party B may enjoy at most five days’ trans- year annual leaves that shall be completed by the last day of march in the next year.

第五條 勞動報酬 article 5 compensation

1. 乙方收入參照本契約中附屬檔案1的規定。甲方實行新的工資制度時,乙方的工資待遇按新的制度予以調整。

The income of party B is set out in appendix i of this contract. the income of party B will be adjusted accordingly when party A carries out a new income system.

2. 甲方實行年12個月薪金制,工作滿一年後,每年十二月份發雙薪。發薪日為第二個月的5號左右。甲方視乙方在服務的上一年中的表現和甲方的財務狀況決定乙方是否享有年終獎金。乙方若在得到年終獎金後的六個月內辭職的,應在其離開公司前返還其全額年終獎金。 Party A carries out a system of 12 months’ income each year,after he or she have worked for one year,he or she can get the double salary in decmber of each year. the day of payment is about the 5th day of the next month. the annual bonus is subject to party A’s financial situation and party B’s work performance in the previous year. if party B resigns within 6 months after party B received the annual bonus for the previous year, party B shall refund this bonus back to party A before party B leaves the company.

第六條 勞動保險和福利待遇 article 6 insurance and welfare

乙方因生、老、病、傷、殘、死,甲方按國家和地方有關規定辦理。

If party B gives birth, retires, falls in sickness, is injured, disabled, died, party A shall deal with it according to the national and local regulations relating to birth, pension, sickness, injure, disability and death.

第七條 勞動紀律及獎懲 article 7 working regulations, reward and punishment

1. 乙方應遵守國家的法律法規,並遵守甲方的各項規章制度

Party B should abide by the law and regulations and the internal rules made by party A.

2. 乙方被依法追究刑事責任的, 契約自動解除。

this contract shall be terminated automatically if party B is accused by criminal charge.

3.未經甲方書面同意,乙方不得在外兼職,也不能在任何情況下使用或準許他人使用其為甲方工作期間所獲得的任何信息,包括但不限於,泄漏任何技術,市場或財務檔案或信息給第三方。任意此類違反將被視為嚴重違反契約,一經發現,乙方應向甲方支付違約金50,000元人民幣。如造成甲方的經濟損失,乙方應當承擔賠償責任。

Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation.

4.對於甲方為了業務需要給予乙方的預支款,一般情況下,乙方應在預支後的十個工作日內提供甲方要求的結算憑證,返還剩餘預支款,與甲方完成結算;無論如何,該預支款應在預支後一個月內結算完畢。

As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting.

第八條 契約的解除 article 8 terminate of the contract

1. 符合下列情況之一(除了第四項),甲方可以無需事先通知乙方解除本契約:

If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance;

(1)在試用期內,甲方可無條件辭退乙方;

During the probation, party A may dismiss party B without any reason at any time;

(2)甲方認為乙方因嚴重違反勞動紀律或規章制度的;

Party A thinks that party B seriously violates the working discipline and stipulations;

(3) 乙方嚴重失職、營私舞弊、泄露重要商業信息;

Party B has serious neglect of duty,jobbery or leak out of important business information;

(4) 甲方認為乙方工作表現及能力不能達到本契約第二條第一款的要求;

Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;

(5) 如果乙方嚴重違反最新<<員工手冊>>及其他不時制定的規章制度。

If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.

2. 符合下列情況之一的,甲方不得解除本契約,但本契約第八條第一款規定和法律法規規定的情況除外。

If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.

(1) 乙方因病或非因工負傷在規定的醫療期內。

If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.

(2) 實行計畫生育的乙方(指女方)在孕期、產期和哺乳期間。

During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.

3. 乙方提出辭職的。應提前以書面形式向甲方提出申請。未經甲方書面批准,乙方不得辭職。甲方只有在每年下述兩個時期對乙方辭職申請進行答覆。該兩個時期為每年五月至六月(針對去年十一月至當年四月提出的申請),十一月至十二月(針對當年五月至當年十月提出的申請)。 在甲方批准乙方的辭職,乙方將工作項目與甲方交接後,並將所使用的所有儀器、工具以完好,清潔,功能正常的狀態返還給甲方後,方可辦理解除或終止契約的手續,但是前提是乙方還應自甲方接受其辭職後根據甲方要求,繼續為甲方工作二個月,除非甲方放棄該權利。該二個月期滿後,雙方勞動關係最終解除或終止,乙方所享有的所有待遇如工資都即刻終止,其放棄提出任何經濟要求。如果乙方不按照上述規定辦理離職手續,在勞動關係正式解除前未經甲方同意即停止工作或不辦理交接,即視乙方放棄所有根據法律和契約其享有的權利和待遇,如休假、任何補償金等,甲方也不再對乙方負有任何責任,並有權追究其違約責任。

If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it.

4. 甲乙雙方任何一方提出解除契約,應提前壹個月書面通知對方 ( 本契約第8.1和 9.3條規定的情況除外)。該書面通知原則上應由雙方簽字。如接受通知一方不同意簽字,則通知方可將該通知以掛號信的方式郵寄至下述對方地址即視為送達。但按照本契約第8.1條(1)、(2)、(3)、(5)項規定解除勞動契約的不必提前通知對方除外。

If any party wants to terminate the labor contract, a written notice should be given to the other party 1 month in advance (exclusive of any one of article 8.1 and article 9.3). both parties should sign on this notice in principle. if the party receiving the notice is not willing to sign this notice, the notifying party shall post the notice by registered letter to the other party At the following address, which shall be deemed as delivery. according to any one of article 8. regulation 1. item (1),(2), (3),and (5),a written notice in advance is not required to be given by one party to the other party. party A’s address:

第九條 雙方約定其他條款 article 9 other provisions agreed by parties

1. 在契約期間,所有與甲方雇用有關或執行甲方的任務或者主要是利用甲方提供的條件所完成的發明創造和成績,無論是通過腦力或體力,均屬職務發明創造,歸甲方所有,未經甲方批准不得以乙方名義申請專利,不得對外公開或交付其他方使用。

All inventions and other achievements of party B whatever through intellectual as well as physical, which are made during and in connection with the employment at party A, or for completing the assignment of party A, or by the condition provided by party A, shall be deemed as employment invention and achievement and therefore belong to party A. without the approval by party A, party B shall not apply for patents and make it public and use it by other methods in the name of party B.

2. 對於甲方在本契約期內向乙方提供的培訓,乙方應遵守甲方的培訓規定, 並不得向第三方泄露培訓涉及的事宜.

For each training provided by party A to party B during the term of the contract, party B shall follow the traininging instructions of party A strictly. any information provided relating to such training is not allowed to be disclosed to any third party.

3.乙方掌握甲方生產技術,專利,經營等商業秘密的,其不得向任何第三方透露任何與上述有關的信息,即使在契約終止或解除後。如果乙方在要求解除勞動契約時,應提前6個月向甲方提出書面申請,以便甲方進行必要的崗位調整,乙方同意在該期間內的工資按照調整後的崗位工資標準計算。

Where party B has access to technical, patent or management secrets, it is strictly forbidden for party B to leak out any of these information to any third party, even after termination of this contract. if party B wants to terminate this contract he should notify party A 6 months in advance with written resignation letter so that party A may move the position of party B. party B agrees that during said period, the income of party B is calculated according to the income standard for new position for party B.