Human resources department management system template collection

Chapter 37 Labor Relations Management (5)
In order to enable readers to better understand and apply the content of labor contract management, we list the relevant content of the labor relationship management template of XX Company below for readers' reference.

×× company project confidentiality agreement

×× company project confidentiality agreement

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

Party A: ×× Company

Legal representative: ×××
Party B: ×××

ID number: ×××××××××××××××××××
Confidential project: "××××××"

Project team members: ×××, ×××, ×××, ×××, ×××

Due to Party B's participation in Party A's work related to the "××××××" project, Party B has or will master Party A's commercial secrets about the project.In order to clarify the confidentiality obligations undertaken by Party B, Party A and Party B have entered into this confidentiality agreement in accordance with the "Labor Law of the People's Republic of China" and "Anti-Unfair Competition Law of the People's Republic of China" based on the principles of fairness, voluntariness, sincerity and trustworthiness.

Article [-] Content and scope of confidentiality

(Continued)
Both parties agreed through consultation that Party B should undertake the obligation of confidentiality. The scope of Party A’s business secrets on this project includes:

(1) Technical information: including technical proposals, design requirements, service content, implementation methods, operating procedures, technical indicators, software systems, databases, operating environments, operating platforms, test results, drawings, samples, models, user manuals, and technical documents , business letters involving technical secrets, etc.

(2) Business information: including customer name, address and contact information, demand information, marketing plan, procurement information, pricing policy, purchase channel, production and sales strategy, bid price and bid content in bidding, project team composition, cost budget, Profit and undisclosed financial information, etc.

(3) Other matters: other matters that Party A requires Party B to undertake confidentiality obligations in accordance with legal provisions (such as through the contract with the other party to the project) and related agreements (such as technology contracts, etc.).

Article [-] Party B's confidentiality obligations
For the "commercial secrets of the project" mentioned in Article [-], Party B undertakes the following confidentiality obligations:

(1) Actively adopt encryption measures to protect the above listed and commercial secrets to prevent any third party who does not undertake the same confidentiality obligation from knowing and using them.

(2) It is not allowed to spy or use other improper means (including using computer to search, browse and copy, etc.) to obtain Party A's commercial secrets about the project that have nothing to do with the job or its own business.

(3) Party A’s commercial secrets about the project shall not be disclosed to any third party that does not undertake the same confidentiality obligation.

(4) Do not allow (including lending, leasing, gifting and transfer, etc.) or assist any third party who does not undertake the same confidentiality obligations to use Party A's commercial secrets about the project.

(5) Regardless of the reasons for terminating participation in Party A's work on the project, the commercial secrets of the project shall not be used to serve other enterprises (including self-run enterprises) that have a competitive relationship with Party A.

(6) The ownership of the commercial secrets of the project is always fully owned by Party A, and Party B shall not use its own understanding of the project to different degrees to apply for the ownership of the commercial secrets of the project, except that Party B already has certain ownership according to law before the signing of this agreement.

(7) If it is found that Party B’s commercial secrets about the project have been leaked or the secrets are leaked due to its own fault, effective measures should be taken to prevent further expansion of the leak, and Party A should be notified in time.

Article [-] Confidentiality period

Both parties confirm that Party B's confidentiality obligation starts from the signing of this agreement to the disclosure of Party A's commercial secrets about the project.Whether or not Party B continues to participate in Party A's work on the project will not affect the obligation of confidentiality.

Article [-] Liability for breach of contract

(1) If Party B fails to fulfill the confidentiality obligation stipulated in Article [-] of this agreement, and has not caused losses or adverse consequences to Party A, it shall pay liquidated damages not exceeding RMB ×××× yuan;

(2) If Party A suffers losses or serious consequences due to Party B’s breach of contract mentioned in the preceding paragraph, Party B shall bear the liability for breach of contract, and the compensation for losses shall be referred to in paragraph (3) of this article.

(3) Compensation for damages mentioned in paragraph (2) of this article includes:
(Continued)
①The amount of compensation for damages is the actual ×××× economic loss suffered by Party A due to Party B’s violation of the agreement. The calculation method is: the sales volume of Party A’s products has decreased due to Party B’s infringement, and the total sales volume has been multiplied by 1 set per piece The product of product profits.

②If the loss of Party A is difficult to calculate according to the calculation method mentioned in paragraph ①, the amount of compensation for the loss shall be no less than 1% of the investment cost incurred by Party A on the commercial secrets of the project that Party B shall pay.

③Reasonable expenses incurred by Party A for investigating Party B's violation of the agreement.

④ Since Party B violated the agreement and violated Party A’s commercial secret rights on the project, Party A can choose to require Party B to bear the liability for breach of contract according to this agreement, or to require Party B to bear the liability for infringement in accordance with relevant national laws and regulations.

Article [-] Resolution of Disputes
Disputes arising from the implementation of this agreement can be resolved through negotiation between the two parties or jointly entrust a third party trusted by both parties to mediate.If negotiation and mediation fail or one party is unwilling to negotiate and mediate, either party has the right to file a lawsuit.

Article [-] Effect and Modification of the Agreement

This agreement will come into effect on the date of signature by both parties.Any modification of this agreement must be agreed in writing by both parties.Matters not covered in the agreement shall be resolved through negotiation between the two parties. If the negotiation fails, the parties may apply to an arbitration institution for arbitration or resort to legal solutions.

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 representative: (signature) ID number:
Date: Year Month Day Date: Year Month Day
×× Hotel Labor Contract Management Regulations
×× Hotel Labor Contract Management Regulations
Fill in the department file number
Date Approved by Approver Date Year Month Day

General
Article [-] The purpose of these management regulations is to standardize the labor contract management of employees and strengthen the binding force of both the hotel and the employees.

Article [-] These regulations are implemented as additional terms of the "Labor Contract Implementation Rules", "Labor Contract" and "Employment Contract" that the hotel has implemented.

Contract classification
Article [-] There are two types of contracts for hotel employees: "Labor Contract" and "Employment Contract".The contract period is three years.

The scope of the contract

Article [-] All regular employees who agree to transfer files to the hotel can sign the "Labor Contract".

(Continued)
Article [-] Any hotel employee whose file relationship cannot be transferred or cannot be transferred can sign an "Employment Contract" with the consent of the hotel.

Termination of Contract
Article [-] Resignation

If an employee wants to resign with legitimate reasons, he or she can apply in advance in written form (one week in advance for probationary employees, and one month in advance for regular employees), and can only be resigned on the agreed last working day after being approved by the department manager, human resources manager and general manager. Go to the Human Resources Department to complete the resignation procedures within three days.

Article [-] Dismissal
If the employee is not competent for his job, according to the contract, the hotel can dismiss the employee.

Article [-] Expulsion

If an employee commits a serious violation of discipline, the hotel may expel the employee.

Article [-] Termination of Contract

During the contract period, due to specific reasons, the hotel and the employees can terminate the contract after consultation.

liquidated damages
Article [-] Employees who resign without approval (including resignation not on the stipulated resignation date) shall pay liquidated damages according to the following standards:

(1) Those who have worked continuously in the hotel for less than one year shall pay compensation of 3000 yuan.

(2) Those who have worked in the hotel continuously for one year but less than two years shall pay compensation of 2000 yuan.

(3) Those who have worked continuously in the hotel for two years but less than three years shall pay compensation of 1000 yuan.

Article No.11 For employees who are dismissed due to serious violations of discipline, the hotel will demand compensation from the employee according to the severity of the violation or the loss caused to the hotel, and the amount of compensation will be determined by the hotel according to the facts.

Article No.12 For employees who are approved to resign (including resignation, dismissal and dismissal) who complete the resignation procedures at the Human Resources Department within three days from the stipulated last working day, compensation can be exempted; otherwise, a fine of 50 yuan will be imposed for each late day .

training compensation
Article No.13 All employees who participate in the training organized by the hotel, if they want to resign, they should pay compensation according to the value of the training they have received:

(1) Those who have worked continuously in the hotel for less than one year shall be compensated for the full amount of training expenses received.

(2) Those who have worked continuously in the hotel for one year but less than two years shall be compensated for 70% of the training expenses received in full.

(3) Those who have worked continuously in the hotel for two years but less than three years shall be compensated for 30% of the training expenses received in full.

No.14 For dismissed and dismissed employees, the hotel will decide whether to collect training compensation according to the specific circumstances.

No.15 The training fee shall be determined by the hotel according to the value of each course and the number of courses received by the staff.

Others
If the relevant systems issued before No.16 conflict with this system, this system shall prevail.

Article No.17 The Human Resources Department of the hotel is responsible for the revision and interpretation of this regulation.

Article No.18 These regulations shall come into effect on the date of promulgation and apply to all employees of the hotel.

No matter what kind of labor contract the employer and employee sign, the management of the labor contract must be strengthened.The signing of labor contracts should strictly follow the principle of legal and fair negotiation.Enterprises and employees should sign labor contracts in a timely manner, and must not sign labor contracts on behalf of employees themselves.Enterprises should pay attention to avoid signing invalid labor contracts.The main manifestations of invalid labor contracts are: the subject of the contract is unqualified, the content is untrue, illegal or incomplete, the signing form is illegal, and the signing procedure is illegal, etc.

In addition, in the actual work of enterprises, the labor contracts of employees often change, renew and terminate.No matter how the form or content of the contract changes, the principle of fair negotiation and consensus must be adhered to, and both parties are required to sign (seal) for confirmation.

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Labor Dispute Management
The company should pay attention to the management of employee relations, analyze and compare the existing forms of labor relations, have a certain degree of predictability for possible disputes, and need to deal with them in a timely manner to avoid intensifying conflicts.When a dispute arises between an enterprise and an employee on a certain issue, both parties can negotiate and resolve it on their own; if they are unwilling to negotiate or fail to negotiate, they can apply to the local labor dispute arbitration committee for arbitration.Those who are dissatisfied with the arbitration award may file a lawsuit in the local people's court according to law.When handling labor dispute management, it is necessary to pay attention to the management of time limitation and jurisdiction.

Labor Dispute Management System
The key to resolving labor disputes is to prevent disputes from happening. For the disputes that have occurred, enterprises should actively face them and actively seek solutions.The formulation of labor dispute handling methods can enable enterprises to have rules to follow in the face of disputes. The labor dispute handling methods of XX company are listed below for readers' reference.

×× Company Labor Dispute Handling Measures
Fill in the department file number
Date Approved by Approver Date Year Month Day

General
Article [-] These measures are specially formulated in accordance with the "Labor Contract Law of the People's Republic of China" and other relevant laws and regulations, combined with the actual situation of the company.The purpose of these measures is to properly handle labor disputes in enterprises, protect the legitimate rights and interests of companies and employees from infringement, maintain normal production and operation and work order, and maintain harmonious labor relations.

Article [-] These Measures apply to the settlement of labor disputes between companies and employees, and their scope includes:

(1) Disputes arising from the dismissal or dismissal of employees by the company or the resignation or resignation of employees.

(2) Disputes arising from issues such as wages, social insurance, benefits, training, working hours, rest and vacation, labor safety and health, special protection for female employees and juvenile workers.

(3) Disputes arising from the performance of labor contracts and collective contracts.

(4) Disputes arising from recourse to pensions, medical expenses, work-related injury benefits and other social insurance premiums between the laborer and the original unit that has not yet participated in social insurance pooling after retirement.

(5) Other labor disputes that should be handled according to law.

Article [-] The company and its employees are the parties to the labor dispute.

(1) The employer who has a labor dispute shall be handled on behalf of the company by its legal representative, the designated person authorized by the legal representative, or the principal responsible person of the company.

(2) If the number of employees involved in a labor dispute exceeds three and there are common disputed facts, claims and reasons, it is a collective labor dispute.The employee side of the collective labor dispute shall recommend 1 to 3 representatives to participate in mediation or arbitration activities.

Article [-] The handling of labor disputes shall strictly follow the principles of legality, fairness and timeliness, and safeguard the legitimate rights and interests of the parties to labor disputes.

Article [-] After a labor dispute occurs, the parties can negotiate to resolve it; if they are unwilling to negotiate or fail to reach an agreement, they can apply to the labor dispute mediation committee of the unit (hereinafter referred to as the mediation committee) for mediation; if the mediation fails, they can apply to the labor dispute arbitration committee. (hereinafter referred to as the Arbitration Commission) to apply for arbitration.The parties may also directly apply to the Arbitration Commission for arbitration.Those who are dissatisfied with the arbitration award may bring a lawsuit to the people's court according to law.

Labor Dispute Prevention
Article [-] The management personnel of each department should keep abreast of the emotions of subordinate employees and conflicts in labor relations, and have the responsibility to cooperate with the Human Resources Department to take effective measures to prevent hidden dangers.

Article [-] The human resources department of the company should go deep into the employees and keep abreast of the employees' thoughts and emotions.

Article [-] The company should pay attention to the management of employee relations, analyze and compare the existing forms of labor relations, have a certain degree of foresight in the link where disputes may arise, and deal with them in a timely manner to avoid intensifying conflicts.

Consultation and mediation of labor disputes
Article [-] After a labor dispute arises, both parties shall negotiate on the basis of legality and taking into account the interests of both parties.

(Continued)
Article [-] Neither party shall force the other party to negotiate. If the negotiation fails, it may apply for mediation.

Article No.11 The company shall set up a mediation committee to be responsible for mediating labor disputes in the unit, and accept the guidance of the local labor union and the arbitration committee with jurisdiction.

Article No.12 The mediation committee is composed of employee representatives, company representatives, and trade union representatives, and the chairman of the mediation committee is a trade union representative.The number of company representatives shall not exceed one-third of the total number of members of the mediation committee.

(End of this chapter)