Human resources department management system template collection

Chapter 36 Labor Relations Management (4)
([-]) Agreement on the attribution of works or achievements: from Party B’s entry into Party A to his departure from Party A, due to his own job or Party A’s tasks, he has used Party A’s material and technical materials and other resources, or submitted to A not out of his job The copyright, patent application right and related rights of the works or achievements related to the original enterprise or the original enterprise tasks adopted by Party B or created by Party B within one year after leaving Party A belong to Party A, and Party B will no longer raise any objections.Party A can freely and fully carry out production, operation or transfer to a third party within its business scope.Party B shall, in accordance with the requirements of Party A, provide all necessary information and take all necessary actions, including application, registration, registration, etc., to assist Party A in obtaining and exercising relevant intellectual property rights.

[-]. Confidentiality agreement

([-]) Party B shall undertake the obligation of confidentiality for the information obtained or acquired due to the working trust relationship during employment or service, and shall not disclose or use such information without the written consent of Party A.The obligation of confidentiality extends to Party B's employment or termination of service.Both parties confirm that Party A's technical secrets and commercial secrets include but are not limited to:

(1) Personnel data, financial data, sales plans, technical documents, software, supply and marketing channels, customer information and plans, measures of Party A and its affiliated companies, etc., all related to Party A's business.

(2) Part and whole of all internal databases of Party A, patent application and copyright information, and the company's internal management process.

(3) Information on Party A's suppliers and cooperative companies, and information on cooperation intentions and plans with Party A.

(4) Party A's marketing strategy, product price and price setting method, application strategy, service plan, etc.

(5) Other information that is obviously confidential to Party A.

([-]) During his tenure, Party B must abide by any written and unwritten confidentiality rules and regulations stipulated by Party A, perform confidentiality duties corresponding to his job position, properly keep and protect all secrets of Party A, and ensure that all secrets of Party A are only used for the benefit of the company. use.

([-]) Where Party A’s confidentiality rules and regulations are not stipulated or the regulations are not clear, Party B must take any necessary and reasonable measures in a prudent and honest manner to protect any information belonging to Party A that it knows or holds during its tenure. Or technical secrets or other commercial confidential information that belong to a third party but Party A promises to keep confidential to ensure its confidentiality.

([-]) Except for the performance of duties, Party B promises that without the approval of Party A, it shall not disclose, inform, publish, publish, publish, teach and transfer or in any other form to keep any third party (including in accordance with the provisions of the confidentiality system) from knowing Other staff related to the secret) know the technical secrets that belong to Party A or belong to others but Party A promises to keep confidential

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or other commercial confidential information, and shall not use such confidential information outside of the performance of duties.

([-]) Both parties agree that no matter what reason Party B resigns, after resignation, Party B still accepts and knows the technical secrets or other commercial secrets that belong to Party A or belong to a third party but Party A promises to keep confidential. Confidential information, assume the same confidentiality obligations as during the tenure and the obligation not to use relevant confidential information without authorization.

([-]) All documents, materials, charts, notes, reports, letters, faxes, tapes, disks, handouts, instruments and other forms of carriers held or kept by Party B due to the needs of its duties, which record the confidential information of Party A , are owned by Party A.Regardless of whether the confidential information has commercial value or not, Party B shall return the property belonging to Party A, including all carriers recording Party A's confidential information, upon resignation or upon Party A's request.

([-]) If the carriers that record the secret information are prepared by Party B, it is deemed that Party B has agreed to unconditionally transfer the ownership of these carriers to Party A.Party A shall give Party B an economic compensation equivalent to the value of the carriers when Party B returns these carriers.If the carrier that records the secret information is prepared by Party B, but the secret information can be erased or reproduced on other carriers, Party B can copy the secret information to other carriers that Party A has ownership of, and the secret information on the original carrier will be Party B is responsible for the elimination.

([-]) Party B undertakes that during Party A's term of office, without Party A's prior written approval, he will not hold any positions in other enterprises, institutions, or social organizations that produce or operate similar products or provide similar services with Party A, including shareholders , partners, directors, supervisors, managers, staff, lecturers, consultants, etc.Without the prior written approval of Party A, no paid or free services will be provided for the above enterprises, institutions and social groups.The period for Party B to undertake the confidentiality obligation after resignation is the following () (if there is no choice, it will be regarded as confidential indefinitely):

(1) Keep confidential indefinitely until Party A announces the declassification or the actual disclosure of the secret information.

(2) A limited period of confidentiality, the confidentiality period starts from the resignation and ends at the 36th month.

([-]) Special agreement on the right of authorship and reputation: In view of the fact that Party A may keep the author's name confidential or identify the author of some achievements or works due to the need to protect commercial secrets, the copyright, patent application right and related rights For works belonging to Party A, Party B voluntarily accepts Party A’s disposal of the authorship right and reputation right, unless Party A has requested the authorship right and reputation right from Party A and obtained Party A’s written permission before the creation of the achievement or work, and there is no written permission It is deemed that Party B has not requested the right of authorship and reputation.

([-]) Measures to prevent public publication: For works that contain Party A’s business secrets or business secrets of units or individuals that have an interest in Party A, even all or part of this information may be directly or indirectly obtained by Party B himself during his work , If Party B needs to disclose works within a limited range or on a large scale in order to publish papers, articles, evaluation results, professional titles, etc., it shall obtain the written consent of Party A in advance.

([-]) Indirect infringement and confidentiality measures: Party B promises not to allow others to obtain and use such information, and not to induce or help others to induce employees who have business secrets in the enterprise to leave the enterprise; Relevant rules and regulations of Party A, conscientiously implement confidentiality measures; find that others have violated Party A's business secrets, and have the responsibility to inform Party A; The records or materials shall be returned to the personnel designated by Party A, and shall not be taken away from Party A or disclosed to third parties without authorization.

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[-]. Liability for breach of contract and dispute resolution
(7000) If Party B violates this agreement, it shall immediately stop the breach and continue to perform this agreement, otherwise it shall pay Party A a compensation of 7000 yuan. If the actual loss is greater than 15 yuan, it shall be compensated according to the actual loss.The amount of loss is calculated according to the following three methods, whichever is the highest: Party A’s full cost of obtaining or developing the commercial secret and reasonable expected profits; Party A’s loss of related business profits; the profits of competitors’ related businesses .If Party A infringes on the intellectual property rights of Party A, it shall stop the infringement immediately, pay Party A a compensation of [-] yuan, and continue to perform this agreement. compensation for actual losses.

([-]) In the event of a dispute arising from the performance of this agreement, the two parties should negotiate to resolve it first. If the negotiation fails, the people's court where Party A is located shall have jurisdiction.

[-]. Other special agreements

([-]) The rights enjoyed by Party B and the obligations that Party B shall perform as agreed in this agreement extend to the period when Party B works in Party A and Party A's affiliates until resignation.

([-]) Regarding the protection of the intellectual property rights and commercial secrets of Party B's former unit where Party B served or served Party A, Party B shall perform its obligations in strict accordance with the law and the agreement with the original unit, and shall bear all the resulting Responsibilities; Party B hereby solemnly undertakes that: during the period of employment or service to Party A, the aforementioned intellectual property rights and commercial secrets shall not be applied to Party A and any business or work that Party A engages in.

([-]) "XX Company's Commercial Secrets and Copyright Protection Management Measures" is regarded as an effective annex to this agreement, and if it conflicts with this agreement, this agreement shall prevail.

Party A (signature): Party B (signature):
Legal authority:
non-compete agreement
××company non-compete agreement
Fill in the department file number
Approver Approval Date
Party A (employer):

Party B (employee): ID number:

According to Party B's employment or service to Party A, and Party B is a person of Party A's category (A senior management; B senior technology; C other obligations of confidentiality), during the period of employment or service to Party A, Party B has obtained commercial secrets from Party A There is an opportunity to use Party A's material and technical information to create, and to acquire and improve knowledge, experience and skills; Party A pays wages, bonuses, allowances and rewards for Party B's labor; Party B clearly does not compete with Party A It is a necessary condition for obtaining the above remuneration.In order to effectively protect Party A's business secrets and other legitimate rights and interests, and ensure that Party B will not compete with Party A, in accordance with the provisions of the "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China" and other relevant laws and regulations, after consultation between Party A and Party B, There are the following non-competition agreements:
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(1) During the period when Party B is employed or served by Party A and during the year after Party B resigns from Party A, Party B shall not serve or provide any paid or unpaid services to any unit that has a competitive relationship with Party A and Party A’s affiliated companies, and shall not It is not allowed to produce or operate similar products or businesses that compete with Party A and its affiliated companies.

(2) During the period when Party B is employed or served by Party A and after Party B resigns from Party A, other obligations of Party B include but are not limited to: not to disclose, not to use, not to let others know or use Party A's business secrets; Spread and refrain from publishing rumors and reports unfavorable to Party A; not directly or indirectly persuade or help others to persuade Party A's employees or customers to leave Party A.Party A does not need to give any compensation to Party B for fulfilling this obligation.

(3) "Competitive relationship" in Article (1) means that it has a competitive relationship with the business that Party A and its affiliated companies have carried out when the employee leaves the company; competitive units include units that directly compete with Party A and its affiliated companies And its direct or indirect shareholding or holding or units belonging to the same company.

(4) When Party B resigns from Party A, it shall confirm with Party A in advance whether it will start to assume the non-compete obligation after resignation.If Party A confirms that Party B needs to bear the non-competition obligations, it shall issue a "Notice of the Start of Non-competition", and the non-competition shall be implemented after Party B resigns; if Party A confirms that Party B does not need to undertake the obligation of non-compete, it shall issue a In the "Notice of Termination of Non-compete Business", Party B will not be required to undertake non-compete obligations after resignation.

(5) If Party B fails to submit an application for confirmation when resigning from Party A, the non-compete obligation will automatically come into effect upon resignation. During the non-compete period, the employee may submit an application for confirmation of non-competition to Party A. Party A confirms that Party B needs to After assuming the obligation of non-compete and issuing the "Notice of Start of Non-compete" to it, Party B has the right to receive non-compete compensation, but the non-compete compensation before that will be deemed as Party B voluntarily waived.After Party A confirms that Party B does not need to undertake non-competition obligations and issues a "Notice of Termination of Non-compete Business Restraint" to it, Party B's non-competition obligations shall terminate, and Party B shall not be entitled to receive compensation for non-competition obligations performed before that.

(6) Party B has no right to receive any compensation for the non-competition obligations undertaken by Party B during its employment or service to Party A and Party A's affiliated companies.If Party B needs to undertake non-competition obligations in accordance with this agreement after resigning from Party A and its affiliated companies, Party A shall pay Party B the corresponding non-competition compensation.The monthly amount is 50% of Party B's basic salary in Party A's last month (subject to the salary slip, excluding social insurance premiums, bonuses and other allowances) yuan.Party B shall inform Party A in writing of the bank, account name and account number to pay the non-competition compensation, and ensure that the bank account is normal, otherwise it will be deemed that he voluntarily goes to Party A to receive the non-competition compensation every month.

(7) Party A shall pay Party B monthly non-competition compensation.Party B shall provide Party A with a written certificate of current employment status every quarter, which can only be collected after verification by Party A to Party B's work unit.If Party B fails to submit proof of employment status to Party A one quarter after the deadline, it will be deemed that he has voluntarily waived the compensation.

(8) Party B shall notify Party A of the name of the new unit and the position it holds within one week after being hired by the new unit.At the same time, Party B shall inform its work unit in writing of its commitment to non-competition obligations.

(9) If Party A confirms that Party B does not need to undertake the non-compete obligations, it will have the right to notify Party B to terminate the non-compete obligations at any time, and Party B will terminate the non-compete obligations one month after sending the notification according to the address provided by Party B , Party A shall pay Party B the non-competition compensation according to the actual time when Party B has undertaken the non-competition obligation.

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(10) Party B has the right to negotiate with Party A to terminate the non-compete obligation, but shall not unilaterally terminate the non-compete obligation.

(11) If Party A overdue the payment of non-competition compensation, it shall pay liquidated damages according to the bank loan interest rate for the same period.

(12) If Party B violates Article (1) of this Agreement, it shall immediately terminate the labor relationship with Party A’s competitor, continue to perform this Agreement, and pay liquidated damages at twice the non-competition compensation stipulated in this contract during the breach period.If the time of breach of contract cannot be determined, calculated on a one-year basis, if the losses suffered by Party A are greater than the liquidated damages, Party B shall pay all the losses suffered by Party A as a result.The loss amount shall be calculated according to the following three methods, whichever is the highest: ①The full cost of acquiring or developing the technology of the product; ②The full amount of profit lost by Party A’s related business; ③The full amount obtained by the competitor’s related business amount of profit.

(13) If Party B violates Article 2 of this agreement, it shall immediately terminate the breach. In addition to continuing to perform this agreement, Party B shall also pay Party A a liquidated damages of 30000 yuan. If the liquidated damages are not enough to compensate Party A’s losses, Party B shall also Compensation for all losses incurred by Party A, the calculation standard refers to Article 12.

(14) In the event of a dispute arising from the performance of this agreement, both parties shall negotiate to resolve it first. If the negotiation fails to reach an agreement, the lawsuit filed by either party shall be under the jurisdiction of the people's court where Party A is located.

(15) The "Notice of Start of Non-competition Restriction" and "Notice of Termination of Non-Competition Restraint" are valid appendices to this contract. If they conflict with this contract, this contract shall prevail.

(16) The affiliated companies of Party A mentioned in this agreement shall be subject to the list of XX companies when Party B resigned from Party A.

(17) The mailing address for the transfer of documents between the two parties is as follows:

Party A: Zip code:
Party B: Zip code:
Either party is obliged to inform the other party in writing in a timely manner if the mailing address changes, otherwise it will be deemed unchanged.

(18) This agreement is made in duplicate, and Party A and Party B each keep one copy, which has the same legal effect.

Party A (signature): Party B (signature):
Legal authority:
(signature)
Date: Year Month Day Date: Year Month Day
Labor agreement

The labor agreement is applicable to retirees, early retirees, laid-off personnel, part-time employees and interns, etc., but not to regular employees of the enterprise.

×× company labor agreement

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

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Party A: Company

Address:

Postal code:

Valid contact number/mobile phone:
Party B:

gender:

identification number:
Address:

Postal code:

Valid contact number/mobile phone:
Article [-] Agreement Term

From year-month-day to year-month-day.

Article [-] job content

The job position of Party B is , and the specific content of the job is subject to the job description.

Article [-] Remuneration for Labor Services

Party B's labor remuneration is RMB/month, and Party A shall pay Party B's labor remuneration in full every month.

Article [-] Party A's Interests and Rights and Responsibilities

(1) It is responsible to provide Party B with the necessary working conditions for undertaking the work.

(2) Have the right to require Party B to abide by the laws and regulations of the country and relevant work regulations.

(3) When Party B violates the relevant regulations of Party A's work, it has the right to deal with it accordingly.

(4) If Party B suffers accidental injury or work-related injury, Party A shall pay the maximum amount of compensation according to the work-related injury insurance and personal accident insurance.

Article [-] Party B's Interests and Rights and Responsibilities

(1) It is responsible to abide by national laws and regulations and various work regulations formulated by Party A according to law.

(2) It is responsible to maintain the reputation and legitimate interests of Party A. If Party A’s economy is damaged due to personal reasons, Party B shall bear corresponding responsibilities.

Article [-] Cancellation, Termination and Renewal of the Agreement
(1) During the trial period, both parties may notify the other party to terminate this agreement at any time.

(2) During the agreement period, both parties can terminate this agreement, but they need to notify the other party in writing 10 days in advance.If there is no prior notice, the other party shall be compensated for one day of liquidated damages for each day of delay, and the amount shall be based on Party B's daily wages.

(3) At the expiration of the agreement, both parties can terminate this agreement; if no objection is raised, this agreement will be automatically renewed for one year.

Article [-] Changes to the Agreement
(1) During the validity period of the agreement, if the situation of either party changes and the agreement needs to be changed, the other party should be notified in writing, and the other party must give a written reply within 5 days.

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(2) The relevant content of the agreement can be changed if the two parties reach a consensus through consultation, and the changed agreement or attachments will be deemed valid after being signed and sealed by both parties.

(3) If the two parties fail to reach an agreement through negotiation, this agreement will be terminated immediately.

Article [-] Liability for breach of contract

(1) If Party A violates this labor agreement and causes Party B to suffer losses, compensation shall be paid according to the specific circumstances of Party B's damage.

(2) If Party B resigns without approval within the agreement period, Party B shall compensate Party A for its economic losses.

Article [-] Others

This agreement is in duplicate, and each party holds one copy, which has the same legal effect and is deemed valid after being signed by both parties.

Party A (signature): Party B (signature):
Date: Year Month Day Date: Year Month Day
Labor Relations Management Paradigm
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