Human resources department management system template collection

Chapter 35 Labor Relations Management (3)
Hereby notified.

×××× company (signature)
Date: Year Month Day
Labor contract termination notice

×× company labor contract termination notice

Fill in the department file number
Approver Approval Date
Dear Mr./Madam ×××:

The labor contract signed by the company with the employees of the department (the term is from date of year to month of year) complies with the relevant provisions of the "Labor Contract Law".

○The contract expires and the company proposes to terminate it.

○The contract expires and the employee proposes to terminate it.

○ Laborers enjoy basic pension insurance benefits according to law.

○The laborer died, or was declared dead or missing by the people's court.

○The company is declared bankrupt according to law.

○The company's business license is revoked, ordered to close down, revoked or the company decides to dissolve early.

○Other circumstances stipulated by laws and administrative regulations.

Therefore, your contract will be terminated on the date of year, month, and the company's human resources department will be responsible for notifying you to go through the relevant resignation procedures.

Hereby notified.

×××× company (signature)
Date: Year Month Day
Negotiation to terminate the labor contract agreement

×× company negotiated to terminate the labor contract agreement

Fill in the department file number
Date Approved by Approver Date Year Month Day

Party A: ×× Company

Party B:

Party A and Party B signed a fixed-term labor contract on date, month, year, and now Party A (or Party B) proposes a motion to terminate the labor contract through negotiation. After negotiation, both parties agreed to terminate the labor contract and reached the following agreement:

[-]. Date of Termination of Labor Contract

The date of termination of the labor contract is: year, month, day.

[-]. Economic Compensation
○Party A shall pay Party B an economic compensation equivalent to one month's salary according to Party B's length of service, and shall pay when the work is handed over.

○Party A does not need to pay economic compensation.

○Other circumstances (please list)
[-]. Salary Settlement

The salary is settled until the year, month, and day, and is paid on that day or on the payday of the next month.

[-]. Other matters

[-]. The agreement takes effect

This agreement will come into effect upon the signature of both parties.

[-]. This agreement is made in duplicate, and Party A and Party B each hold one copy for preservation.

Party A: ×××× Company (signature) Party B: (signature)
Date: Year Month Day Date: Year Month Day
(Remarks: The agreement for rescission of the contract can be changed appropriately according to the different circumstances of the rescission of the contract.)
Labor contract termination certificate

Certificate of Termination of Labor Contract by ×× Company

Fill in the department file number
Approver Approval Date
I hereby certify the following matters concerning the former employees of the company:
[-]. Term of labor contract

The term of the labor contract is: from yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy.

[-]. The date of rescission or termination of the labor contract
The labor contract end date is: year month day.

[-]. Job post:
(1) Year, month, day to year, month, day, held a position in the department

(2) Year, month, day to year, month, day, held a position in the department

(3) Year, month, day to year, month, day, held a position in the department

[-]. Service period

The service period in the company is years and months.

×××× Company
Date: Year Month Day
Labor relationship management contract template
Four contract samples are listed below for enterprises to read and reference.

Labor Contract
×× company labor contract
Fill in the department file number
Date Approved by Approver Date Year Month Day

name of worker:

Department:
Contract No:

In order to establish the labor relationship between the two parties and clarify the rights and obligations of both parties, according to the provisions of the "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China", other relevant laws and regulations, and the rules and regulations formulated by Party A in accordance with the law, both parties have negotiated and agreed , agree to sign this labor contract, and enter into the following terms:
(Continued)
[-]. Basic information of the parties to the labor contract
([-]) Party A:
Name of legal representative or authorized agent:
Registered address:

([-]) Name of Party B: Gender: Date of Birth: Year, Month, Day

Resident identity card number:
Mailing address: Zip code:
Household registration location: province (city) district (county) street (township)

[-]. Contract period

([-]) The term of the contract is agreed upon by both parties, and adopts the following form.Party B shall arrive at the post before the date of the date.If the term of the labor contract conflicts with the term of the training service signed in the future, the term of the labor contract will continue until the service period stipulated in the training contract ends.

(1) Fixed term: The term of the contract is from year to year, month, day.

(2) No fixed period: from entry to employment until the statutory or agreed termination conditions appear.

(3) The term is based on the completion of the agreed work: the contract period is from the time of entry to the completion of the work, and the completion of the work is the sign of termination of the contract.

([-]) The agreement on the probationary period shall take the following form:
(1) No trial period.

(2) The probationary period is months (days), from entry to year, month, and day.

[-]. Work content and location
([-]) Party B obeys Party A's production or work arrangements, and undertakes (management/sales/technical/operational) work.During the validity period of the contract, Party A can make appropriate adjustments to Party B's job position and responsibilities according to the needs of business development, Party B's work ability and performance appraisal results, and at the same time adjust the salary and benefits. Party B agrees to Party A's adjustment of Party B's work and performance. Remuneration.

([-]) According to the requirements of job responsibilities, Party B shall use all of its time and energy to complete the work assigned by Party A within the specified working hours.After signing the labor contract with Party A, Party B shall not be employed by other companies or individuals at the same time.

([-]) Party B agrees to undertake work at the workplace arranged by Party A.According to the work needs of Party A, the work location can be changed after mutual agreement between Party A and Party B.

[-]. Working hours and rest and vacation
([-]) Working hours: Party B's working hours take the following form:

(1) Standard working hours system, 8 hours per day, 40 hours per week on average.

(2) The system of irregular working hours, on the basis of ensuring the completion of Party A's work tasks, Party B can arrange work and rest time by itself.

(Continued)
(3) Based on the comprehensive hour system (annual/quarterly/monthly), Party B works 8 hours/day on average and 40 hours/week on average.

([-]) Due to the needs of production and operation, on the basis of fulfilling the obligation of full disclosure, if Party B has no clear objection, Party A shall
Party B can be arranged to work overtime, and its salary and compensatory leave shall be implemented in accordance with relevant national regulations.

([-]) If Party B really needs to work overtime due to the needs of work tasks, it shall submit an application to the supervisor in written form, explaining the reasons and time for overtime work. After approval by the supervisor, it will be deemed as valid overtime work and enjoy overtime treatment.The overtime hours shall be subject to the actual time of occurrence.

([-]) During the contract period, Party B shall enjoy the holiday treatment stipulated by the state, such as holidays, wedding and funeral leaves, maternity leave for female employees, paid annual leave and so on.

[-]. Labor remuneration

([-]) Party B’s salary during the probationary period is RMB/month, and Party A shall pay Party B’s salary according to the distribution method determined by the enterprise.When Party B's position is adjusted, Party B agrees to determine Party B's salary according to the new job position.

([-]) After the probationary period of Party B ends, Party A shall, according to the company's salary system, determine that Party B implements the following first salary form:

(1) Party A implements an internal salary distribution method that combines basic salary and performance salary for Party B. Party A adjusts Party B's basic salary according to the internal salary distribution method. Performance salary will be based on Party B's work performance, labor performance and actual contribution value. The allocation method is assessed and determined.

(2) Party A implements the piece-rate wage system and determines Party B's labor quota; Party B completes Party A's quota according to the quality within the legal working hours, and Party A shall pay Party B's wages in full and on time, which shall not be lower than the local government regulations minimum wage standard.

(3) Party A implements the hourly wage system, and Party B completes the work stipulated by Party A within the statutory working hours. Party A shall pay Party B's wages in full and on time, and the wages shall not be lower than the minimum wage standard stipulated by the local government. .

(30) Party A (or the unit designated by Party A) shall pay Party B's wages for the previous month in currency on or around the [-]th of each month.

([-]) If Party B suspends work due to its own negligence, Party A will not pay the suspension allowance during the suspension period, and may deal with Party B accordingly in accordance with the relevant laws and regulations and the company's system according to the specific circumstances of the losses caused.

[-]. Social insurance and welfare benefits
([-]) Party A and Party B shall pay various social insurance premiums to the labor and social security department in accordance with the relevant national regulations, and the part that Party B needs to pay by itself shall be withheld by Party A from Party B's salary.

([-]) Party B's treatment for work-related disability or death during the contract period and treatment for non-work-related injuries or illness during the medical treatment period shall be implemented in accordance with relevant laws and regulations.

([-]) Party A shall provide Party B with the necessary working conditions in accordance with regulations.

([-]) The benefits of Party B shall be implemented in accordance with the regulations of the state and Party A.

[-]. Labor protection, working conditions and occupational hazard protection
([-]) Party A must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards

(Continued)
Provide labor safety and health education to Party B to prevent accidents in the labor process and reduce occupational hazards.

([-]) Party A must provide Party B with labor safety and health conditions and necessary labor protection articles that meet the national regulations.For employees engaged in occupational hazard operations, regular physical health checks should be carried out for them.

([-]) Party B must strictly abide by the safety operation rules in the labor process.Party B has the right to refuse the illegal command and forced risky operation of Party A's management personnel; it has the right to criticize, report and sue behaviors that endanger its life safety and health.

([-]) Party A shall implement special labor protection for female employees and juvenile workers in accordance with the "Regulations on the Labor Protection of Female Employees", "Regulations on the Scope of Taboo Labor for Female Employees" and "Regulations on the Special Labor Protection of Juvenile Workers".

[-]. Labor discipline and rules and regulations
([-]) Party A shall formulate and publicize various rules and regulations in accordance with relevant national laws and regulations.

([-]) Party B must abide by Party A's labor discipline and rules and regulations, strictly abide by operating procedures, ensure production safety, complete tasks with quality and quantity, obey Party A's leadership, management and command, and strictly guard Party A's business secrets.

([-]) Party A has the right to give Party B appropriate rewards and punishments and corresponding treatment in accordance with the laws and regulations of the country and the rules and regulations formulated by Party A in accordance with the performance or behavior of Party B.

[-]. Modification, rescission, termination, renewal of the contract and liability for damages
([-]) In any of the following circumstances, both parties may modify this contract:

(1) On the premise of not harming the interests of the state, the collective and others, the two parties reached a consensus through consultation.

(2) The objective situation on which the labor contract was concluded has undergone major changes, and both parties A and B reach a consensus through consultation.

(3) The labor contract cannot be fully performed due to force majeure.

(4) The laws and regulations on which the labor contract was concluded have changed.

(5) Other circumstances stipulated by laws and regulations.

([-]) In any of the following circumstances, Party A may immediately terminate this contract as a serious violation of Party A's rules and regulations, and does not need to pay economic compensation:
(1) Provide false resume and certificate information or conclude this contract by other fraudulent means.

(2) Serious violation of labor discipline and Party A's rules and regulations.

(3) Due to Party B's dereliction of duty and malpractice for personal gain, Party A's one-time direct loss exceeds 1500 yuan or the accumulative quarterly total exceeds 3000 yuan.

(4) There are deductions and unjust enrichment behaviors.

(5) Not going through leave procedures, absent from work for more than three consecutive days in a month, or more than six days accumulated in a year.

(6) Provide false information during work, do not report work according to company regulations or have false work reports.

(7) Taking property of Party A, customers or third parties privately.

(8) Resignation without authorization or voluntary resignation without the written consent of Party A.

(9) Leaking Party A's customer information and other commercial secrets.

(10) Violating social morality and corporate culture, which is defined as a serious violation of the company's rules and regulations by the company's management and trade unions.

(Continued)
(11) Other circumstances stipulated by laws and regulations.

([-]) In any of the following circumstances, Party A may terminate this contract, but shall notify Party B in writing one month in advance:

(1) Party B is sick or injured not on duty, and after the medical treatment expires, he is still unable to engage in the original job or the job arranged by Party A.

(2) Party B is incompetent for the job, and is still incompetent after training or job adjustment.

(3) Significant changes have taken place in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the original labor contract, and the two parties failed to reach an agreement on the modification of the labor contract after negotiation.

([-]) In addition to the circumstances stipulated by laws and regulations, Party B may terminate the labor contract in any of the following circumstances:
(1) Party A does not pay Party B's wages according to the contract.

(2) With the approval of Party A, those who are admitted to secondary professional schools at their own expense.

(3) Those who have been approved by relevant departments to settle in Hong Kong, Macao, Taiwan or go abroad.

([-]) Party A and Party B shall negotiate the renewal of the labor contract one month before the expiration of the labor contract, and if they reach a consensus, the labor contract shall be renewed.If no agreement is reached, the contract will be automatically terminated upon expiration.

([-]) After rescinding or terminating the labor contract, Party A shall issue to Party B a certificate of rescission or termination of the labor contract, and handle the transfer of files and social insurance relations for the laborer.Party B shall immediately handle the work handover (including written documents, articles, certificates, electronic documents, arrears/fines, wages, etc.) after Party A issues a notice of rescission or termination of the labor contract. If the handover or handover procedures are not complete, Party A has the right to suspend the transfer procedures of files and social insurance relations, and also has the right to suspend the payment of economic compensation.

([-]) If any party violates this contract and causes economic losses to the other party, it shall compensate the other party for economic losses in accordance with the law.At the same time, according to the responsibilities of the other party and the consequences, other economic responsibilities stipulated by law shall be investigated.

[-]. Other content agreed by both parties
([-]) All labor contracts signed by the two parties before that conflict with this contract shall be governed by this contract, except for agreements signed by both parties on individual matters such as training and house purchase.

([-]) Party B guarantees that when signing this contract with Party A, it has terminated the labor relationship with the original labor unit, and provides the certificate of termination of labor relationship with the original unit, otherwise, Party A has the right to terminate the contract.If Party A is prosecuted by Party B's original labor unit due to Party B's fault, Party B shall compensate Party A for all losses suffered thereby.

([-]) If Party B resigns for any reason, he shall complete the work handover procedures in accordance with Party A's relevant rules and regulations before resigning.

([-]) The various rules and regulations publicly released by Party A in the enterprise are binding on both parties, unless the system violates national laws and regulations or conflicts with this contract, otherwise it is regarded as a valid annex to this agreement.

([-]) After mutual agreement between Party A and Party B, Party B agrees that Party A arranges Party B to work overtime on rest days and take compensatory leave in off-seasons according to its own business characteristics.

(six)

[-]. Dispute handling

In the event of a labor dispute, if Party A and Party B fail to resolve it through negotiation, they may apply to the Labor Dispute Arbitration Committee where Party A is located.

(Continued)
Arbitration, if you are dissatisfied with the arbitration award, you may bring a lawsuit to the people's court.

[-]. Other matters

([-]) The labor contract is in duplicate, and Party A and Party B each hold one copy for preservation. If both parties have signed other subsidiary agreements, they are regarded as valid appendices to this contract. Comply with current labor laws and regulations.

([-]) The part of the labor contract that has been altered and signed without legal authorization shall be deemed invalid.The labor contract is the basis for resolving labor disputes between the two parties.

([-]) The attachments to this contract have the same legal effect as this contract.However, if there is a conflict or inconsistency between the terms of this contract and the appendix, the appendix shall prevail.

([-]) This contract will come into effect after signed by both parties.

([-]) Party B shall determine the following address as the delivery address for documents and documents related to labor relationship management.If the following address changes, Party B is obliged to inform Party A in writing.

Address:

([-]) Party B confirms that the following telephone numbers are valid telephone numbers for contacting me.If the following phone numbers change, Party B is obliged to inform Party A in writing.

Mobile/Phone: Home Phone:

Other Contacts: Other Contacts Phone∕Mobile:

([-]) The annexes to this contract include:

(1) "Employee Handbook", "Training Contract", "Confidentiality Agreement", "Compete Non-Compete Agreement".

(2) Including but not limited to the following rules and regulations: attendance management system, performance appraisal management system, salary management system and other rules and regulations. During the performance of the contract, the revised rules and regulations are still regarded as valid annexes to this contract.

Employer (Party A): Employee name (Party B):
Authorized representative (signature):
Date: Year Month Day Date: Year Month Day
Confidentiality agreement
×× Company Confidentiality Agreement
Fill in the department file number
Date Approved by Approver Date Year Month Day

Party A:

Party B: ID number:

In view of the fact that commercial secrets are an important part of Party A's assets and are the result of Party A's years of hard work, Party A has invested heavily in research, development and maintenance of these technical secrets and commercial secrets.During the period when Party B is employed or serving Party A, Party B has the opportunity to obtain commercial secrets from Party A, the opportunity to use Party A's material and technical information for creation, and the opportunity to obtain and

(Continued)
Opportunities to improve knowledge, experience and skills; Party A paid salary, bonus, commission and incentives for Party B's labor; Party B understands that Party B's infringement of Party A's copyright or disclosure of Party A's business secrets will cause great damage to Party A .In order to protect the intellectual property rights and commercial secrets of Party A and safeguard the common long-term interests of Party A and Party B, both parties shall, in accordance with relevant laws and regulations, keep Party A’s technical secrets and commercial secrets and other related matters during Party B’s tenure and after resignation, and the industry characteristics of Party A, the two parties reached an agreement through consultation and agreed as follows:
[-]. Agreement on the ownership of intellectual property rights of works or achievements

([-]) Scope of works or achievements: including technological research achievements, academic works, engineering designs, product design drawings and their descriptions, audio-visual works, fine arts, computer software, etc.

(End of this chapter)