动 合 同 Labor Contract书
甲方： Party A: 法定代表人（主要负责人）或委托代理人：Legal Representative (main responsible person) or Entrusted Agent: 地址： Address:乙方： Party B (Employee):性别： Gender: 通讯地址： Communication Address: 居民身份证号码ID Card No.:联系电话： Telephone:
则，订立本合同。 The contract is hereby concluded by both parties in accordance
with Labor Law of the People's Republic of China, Labor Contract Law
of the People’s Republic of China, in the principles of fairness,
legitimacy, equality, voluntariness, consensus through negotiation and
第一条 本合同为固定期限劳动合同。 本劳动合同期限为 年，其中试用期至 年 月
日止。本合同于年 月 日终止。
Article 1 : Party A and Party B signs a fixed-term labor contract.
The contract lasts for ___ year(s), from _________to ________. The
probation is ____ month(s), from ________ to ________.
Working Contents and Working Place
第二条 乙方同意根据甲方工作需要，担任 岗位(工种)
Article 2 : Party B agrees to engage in_____________(post, work posts)
according to needs of the Party A.
第三条 乙方的工作地点为: 。 Article 3 : The working place of Party B is ______________.
Working Hours and Rest Hours
上午8：30—11：30，下午：12：30—17：30，11：30—12：30为午餐时间。）： 标准工时制，即每日工作 小时，每周工作 天。
Article 4 : Both parties agree Party B’s working hours are specified as follows
(normal working hours: 8:30 – 11: 30, 12:30 – 17: 30; lunch time: 11:30 – 12: 30.) :
Standard working hours system, i.e. ____ hour(s)/day, ____
Article 5 : Party B is entitled to have the legal holidays stipulated by the
第六条 甲方每月 日以货币的形式足额支付乙方工资，结算周期为上月月
Article 6：Party A shall pay off salary to Party B in currency on the of
every month. The pay period is from the beginning to the end of last month. Party
B works before paid.
乙方在试用期期间的工资为 元。 Party B’s normal basic salary is ________.
Party B’s probation period salary is RMB________.
Article 7: Party B’s labor remuneration will be adjusted as per
Party B’s competence and job requirements on the basis of consensus in
case Party A adjust Party B’s job.
Social Welfare and Benefits
承担相应的义务。 Article 8 : Party A shall deal with the relevant formalities of social security
for Party B according to the country and local policies and take up the relevant
地方的有关法律法规执行。Article 9: The salary and Medicare benefits of Party B in case of occupational diseases or work-related injuries shall be paid in accordance with the relevant national and
local laws and regulations.
劳 动 合 同
一、立合同双方 1. This Employment Agreement is made and entered by and between the following parties:
Number of ID Card:
二、立合同事由 2. RECITALS
WHEREAS, Party A intends to employ Party B and Party B intends to work for Party A,
In accordance with Labour Law of the People’s Republic of China, Law of the People’s Republic of China on Employment Contracts, Shanghai Regulations on Employment Contracts and China’s national and local laws, regulations and administrative rules and Party A’s regulations and rules, and through negotiation based on equality and free will, the two parties agree to conclude this Employment Agreement (hereinafter referred to as this Agreement) under the following terms and conditions:
三、合同条款 3. Terms and Conditions
第一条（合同类型与期限）Article 1 Type and Validity Term of Agreement
（一） 本合同为有 无固定期限的劳动合同，合同期从 年月日起，至 年 月 日止。其中试用期为 个月，自 年月日起
1.1 This Agreement is an employment contract with fixed-term or uncertain term; the validity term of this Agreement commences on the date of ( ), and expires on the date of ( ), including a probation of ( ) months from the date of ( ) to the date of ( ).
1.2 Party B shall, after execution of this Agreement, work at the designated position on or before the date of ( ).
第二条（工作内容和工作地点）Article 2 Description of Work and Work Site
2.1 On the basis of Party A’s requirements, Party B is to work at the position of ( ) in the division of ( ); Party B shall be subject to the work arrangement made by the division he or she works in or the director at higher level.
2.2 Party B shall perform his or her work duties provided by Party A, and shall complete his or her work task in accordance with the provisions in terms of time limit, quality and workload.
2.3 Party undertakes to accept the arrangement or change of work made by Party A in light of Party A’s work requirements and Party B’s working ability and performance; Party
B agrees that this Agreement may not be altered under any of the following circumstances:
1. Party B’s working site is to be arranged by the division he or she works in; Party
A is to change Party B’s working site within all its business offices and attached sites in the city where Party A is domiciled (including Party A’s own property or other premises leased by Party A), on the basis of Party A’s working requirement;
2. Party A assigns Party B to work at home or abroad on business travel for a short term on the basis of Party A’s working requirement.
3. In response to working requirement, Party A temporarily assigns Party B to work at other divisions of Party A or other entities.
2.4 Where, in response to working requirement, Party A assigns Party B to work in enterprises or organizations located in other provinces or municipalities or abroad for long period, this Agreement may be altered on the basis of mutual consent through negotiation.
第三条（工作时间和休息休假）Article 3 Working Hours and Holiday
3.1 Party B is to work under the full-time standard working time system: Party A may require Party B to work for no more than 8 hours every day and for five days every week.
3.2 If necessary for work, Party A may, on the basis of negotiation with Party B, extend Party B’s working hours for no more than one hour every day generally; where it is necessary to extend working hours under special circumstances, such extension of working hours may not exceed three hours every day on the premise of being no harmful to Party B’s health, and no more than a total of 36 hours every month.
3.3 Party B is entitled to all the holidays and leaves provided by the State, to which the Implementation Rules for Employees Working Hours and Holidays formulated by Party
A shall apply.
3.4 Where the State or the relevant authorities of this local municipality readjusts the provisions on working hours, holidays or leaves, or Party A readjusts the provisions on holidays or leaves, this Agreement may not be deemed as being altered.
第四条（劳动报酬）Article 4 Remuneration
4.1 The remuneration for Party B includes fixed monthly salary, allowance, quarterly performance-based wage and the like, and the remuneration is to be paid in accordance with Party A’s regulations on remuneration. After execution hereof, Party A is to send Party B a Notification of Employee’s Remuneration, which specifies the type and standard of the remuneration; such Notification constitutes an annex to this Agreement and have the same legal binging force as this Agreement.
4.2 If, in the course of the performance of this Agreement, Party A deducts any payment of the remuneration in accordance with the Notification of Employee’s Remuneration, this Agreement may not be deemed as being altered.
1. Individual income taxes withheld and paid by Party A on behalf;
2. The part of social insurance premium, housing accumulation funds, enterprise annuity to be borne by Party B;
3. Penalty, compensation and the like arising from Party B’s breach of Party A’s regulations or rules;
4. Deduction of remuneration made by Party A owing to private affair leave and leaves taken by Party B other than leaves with payment;
5. Deduction of remuneration made by Party A under the order of court on the basis of the judgement of case concerning Party B;
6. Deduction of remuneration in compliance with laws or Party A’s regulation system.
4.3 If, during the validity term of this Agreement, Party A increases the remuneration for employees, this Agreement may not be deemed as being altered.
4.4 Party A shall, on the fifth day of each and every month, pay Party B remuneration by transferring the currency to Party B’s account through bank, including post-based wage, working age-based wage and relevant allowance to be paid on a monthly basis. Party
B agrees that all the performance-based wage, allowance and the like may be paid on the date and by the means provided by Party A with respect to remuneration, and Party A is to notify Party B by means of email of the payment thereafter.
POSITION & TASKS OF WORK 职务及工作职责
TRIAL PERIOD 试用期
DURATION OF THE CONTRACT 合同期限
PREMIUM & BONUS 奖金及分红
PERSONAL INCOME TAX 个人所得税
WORKING HOURS 工作时间
SICKNESS & INJURY LEAVE 病假及伤假
LABOUR SAFETY & HYGIENE劳动安全及劳动卫生保障
SOCIAL INSURANCE 社会保险
EXCLUSIVITY & NON-COMPETITION 唯一性及非竞争协定
RESPONSIBILITIES OF THE PARTIES 双方职责
TERMINATION OF THE CONTRACT 合同终止
AMENDMENT OF THE CONTRACT 合同修订
APPLICABLE LAW 适用法律
SETTLEMENT OF DISPUTES 争议的处理及解决
, a wholly owned foreign enterprise incorporated under the laws of the People?s Republic of China with its registered office being at
Hereinafter referred to as the “COMPANY”,
On the one Hand,
XX, Personal Identification Number: XXX
XX，Date of Birth：XXX
Hereinafter referred to as the “EMPLOYEE”,
On the other Hand,
Hereinafter collectively referred to as the “PARTIES”.
In accordance with the Labour Law, the Provisions on the Labour Administration Regulations for Foreign Investment Enterprises and other relevant laws and regulations of the People?s Republic of China, the PARTIES have concluded the following labour contract (hereinafter referred to as the “CONTRACT”) 合同双方依照《中华人民共和国劳动法》、《外商投资企业劳动管理规定》以及中华人民共和国其它相关法律法规，共同约定以下劳动合同(以下简称“本合同”)。
1.1. The EMPLOYEE will have the following position:
1.2. The duties and responsibilities of the EMPLOYEE will be, but not limited to:
1.3. If necessary due to the management organisation of the COMPANY and or the competence and
abilities of the EMPLOYEE the COMPANY may adjust the position, duties and responsibilities of the EMPLOYEE.
2.1 The trial period will start on the date of signature of this CONTRACT. The duration of the trial
period is three (3) months. During the trial period the EMPLOYEE will be bound by all articles of this contract.
2.2 After the specified trial period and if no notice of termination is given the EMPLOYEE
automatically becomes employed under the terms and conditions of this CONTRACT.
3.2 The duration of this CONTRACT is twenty-sixth (26) months. 本合同期限为26个月。 This CONTRACT maybe extended upon agreement of both PARTIES. An extension to this
CONTRACT shall come into force only after a written agreement has been signed by both PARTIES.
4.1 The COMPANY shall define its own salary policy in accordance with regulations stipulated by the state and municipal government. The COMPANY shall ensure that the monthly salary of the EMPLOYEE is not less than the minimum pay standard set by the local government.
4.2 The EMPLOYEE will receive a gross 口monthly or 口annual salary of XXX renminbi (RMBXXX) and increase thereafter the basis of the staff performance, the economic development of the COMPANY
and according to the salary policy of the COMPANY approved by the Board of Directors of the COMPANY, and etc.
该员工税前工资将为 口每月 或 口每年XXX元人民币，今后将按照该员工的工作表现、本公司的经济效益以及由本公司制定并经董事会批准的工资标准每年递增。
4.3 Such salary shall be transferred to the bank account designated by the EMPLOYEE between the third and fifth day of each month.
5.1 At the full discretion of the Chief Executive Officer and based upon his/her general attitude and
the result of his/her work and fulfilment of his/her objectives detailed with his/her manager and at the beginning of each calendar year the EMPLOYEE will be entitled to an annual bonus not exceeding one (1) month of salary and shall be paid to the EMPLOYEE for each full calendar year which the EMPLOYEE works for the COMPANY in two (2) instalments the following year. 经本公司首席执行官同意，并且根据该员工的工作态度、工作成果及其上级主管规定之工作目标的完成状况，该员工将有权在每个公历年初享受年终奖金（奖金总额不超过该员工的月工资）。员工为公司工作满一年时，
6.1 The EMPLOYEE shall pay individual income tax in accordance with the relevant laws and
regulations of the People?s Republic of China. The COMPANY shall withhold such amount and pay it to the competent tax bureau.