CHAPTER 8 EMPLOYMENT CONTRACT雇佣合同.docx

1、CHAPTER 8 EMPLOYMENT CONTRACT雇佣合同CHAPTER 8 EMPLOYMENT CONTRACTGuidanceFrom a legal perspective, there are two basic types of employment contracts. The most common contract is the written contract. However, in some circumstances a contract may be implied from promises an employer made to an employee

2、before the employee started working. In addition, an employee handbook can create contractual rights. The written contract is the easiest to understand and is readily enforceable. The advantage of a written contract is that there is usually little question what your rights and obligations are. All y

3、ou have to do is refer to the contracts terms. Among other things, employment contracts can require an employer to fire you only for just cause, pay you a certain wage or employ you for a certain period of time. If your employer violates the contract terms, you can go to court to enforce the contrac

4、t. However, sometimes the contract is ambiguous on one or more points. In this case, your rights and obligations are subject to interpretation, and you may need to consult a lawyer. This only serves to emphasize the fact that you need to be sure of what you are signing before you sign it. The best a

5、dvice is always to consult a lawyer before signing. Remember that although the lawyer may give you excellent advice, it is you who will be signing the contract. The typical Employment Contract usually includes the following clauses:1. Party As obligation2. Party Bs obligation3. The period of service

6、4. Work assignment5. Working conditions6. Working hours7. Night time work and over-time work8. Work time, rest and holidays9. The probation period of the Contract and the credit bail10. Mobilization fee11. The salary treatment12. Taxes and levies13. Insurance and medical service14. Sick leave and pr

7、ivate affairs leave15. Transport, telecommunication means and traveling allowance16. Accommodation and food facilities17. Confidentiality18. Breach penalty19. Revision, cancellation and termination20. Matters concerning third parties21. Force Majeure22. Arbitration23. Language1. Text AEmployment Con

8、tractArticle 1Party A _ wishes to engage the service of Party B _ as_. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.一、_聘请_籍_（外文姓名）_（译名）女士(先生)为_，双方本着友好合作精神，自愿签订本合同并保证认真履行合同中约定的各项义务。Article

9、2The period of service will be from the _ day of_, 20_ to the _day of_, 20_二、合同期自 年 月 日起至 年 月 日止；Article 3The duties of Party B (see attached pages)三、受聘方的工作任务(另附页)；Article 4Party Bs monthly salary will be _ Euros, _ % of which can be converted into foreign currency monthly.四、受聘方的月薪为_欧元，其中 可按月兑换外汇；Ar

10、ticle 5 Party As Obligations5.1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the German government, the Party As work system and regulations concerning administration of foreign experts.5.2. Party A shall conduct direction, supervision and evaluation of P

11、arty Bs work.5.3. Party A shall provide Party B with necessary working and living conditions.5.4. Party A shall provide co-workers.5.5. Party A shall pay Party Bs salary regularly by the month.五、聘方的义务：1、向受聘方介绍德国有关法律、法规和聘方有关工作制度以及有关外国专家的管理规定。2、对受聘方的工作进行指导、检查和评估。3、向受聘方提供必要的工作和生活条件。4、配备合作共事人员。5、按时支付受聘方

12、的报酬Article 6 Party Bs obligations6.1. Party B shall observe the laws, decrees and relevant regulations enacted by the German government and shall not interfere in Germanys internal affairs.6.2. Party B shall observe Party As work system and regulations concerning administration of foreign experts an

13、d shall accept Party As arrangement, direction, supervision and evaluation in regard to his/her work. Without Party As consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A. 6.3. Party B shall complete the tasks agreed on sched

14、ule and guarantee the quality of work.6.4. Party B shall respect Germanys religious policy, and shall not conduct religious activities incompatible with the status of an expert.6.5. Party B shall respect the German peoples moral standards and customs.六、受聘方的义务：1、遵守德国的法律、法规，不干预德国的内部事务。2、遵守聘方的工作制度和有关外国

15、专家的管理规定，接受聘方的工作安排。业务指导、检查和评估。未经聘方同意,不得兼任与聘方无关的其他劳务。3、按期完成工作任务，保证工作质量。4、尊重德国的宗教政策。不从事与专家身份不符的活动。5、尊重德国人民的道德规范和风俗习惯。Article 7Party B shall indemnify Party A against all claims, proceedings, losses, damages and expenses arising as a result of any misconduct or any breach of this Contract by Party B.七、方

16、应保障聘方不致由于受聘方的违反合同或其行为不端而遭受索赔，起诉，损失，损害，花费金钱等的牵连。Article 8Party B shall maintain absolute secrecy about all the affairs of the Party A, such as details of projects, construction technique and other information.八、受聘方对于聘方的一切事务，例如工程情况，建设技术，其他材料，均应向外人严格保密。Article 99.1 Party B shall work six days a week, i

17、.e., 25 days a month on average.9.2 The normal daily working hours shall be 8 hours.9.3 Suspension or work due to causes for which Party B are not responsible, e.g., short supply of materials, bad weather, stoppage of electricity, etc., shall be charged as actual working hours with full pay.9.4 Part

18、y B shall be entitled to one rest day with pay on each occasion following Party Bs arrival at the worksite from China and prior to their departure from the worksite for home.九1聘方每周工作6天，即每月平均工作25天。2每日正常工作时间为8小时。3不应由聘方负责的暂时停工，例如材料短缺，天气恶劣，停电等，应作为实际开工时间，并付给十足的工资。4聘方从中国到达工地之后，或离开工地返回中国之前均可享受一天的休息，工资照发。Ar

19、ticle 1010.1 Sunday is set as the official weekly rest day in accordance with the customs of Germany.10.2 The Personnel shall be given annually twenty days of annual leave with full pay.十1按照德国的习惯，每周的星期日为法定休息日。2人员每年应放年假20天，工资照发。Article 11 Mobilization feeParty A shall, before departure of Party B fro

20、m China, pay him a sum of 200 Euros as mobilization fee. However, half of the mobilization fee shall be recovered by Party A from Party Bs wages within two months starting from the first payment of the wages.十一 动员费在奉调出国之前，均由聘方发给动员费200欧元。但是，该动员费的一半，要在第一次发工资之日起算的两个月之内，由聘方从受聘方的工资中扣回。Article 1212.1 The

21、basic wages are shown in Annex I attached hereto.12.2 In addition to the basic wages, Party A shall pay monthly a sum of 100 Euros to Party B as “Food Money” so that Party B may be able to buy foods and other daily necessities.十二1基本工资见附件一。2除基本工资外，聘方还应每月发给受聘方食品费100欧元，以便聘方购买食品和其他日常必需品。Article 13 Night

22、time work and overtime workParty B shall be paid overtime for work done beyond normal duty hours on working days, or on a day of rest or any holiday, at the rate of 150% of the normal hourly wage. However, overtime work done during the night from 22:00 hours to 05:00 hours shall be paid at the rate

23、of 200% of the normal hourly wage.十三、聘方在工作的日常工作时间之外加班，或者在休息日及假日加班者，应按每小时正常工资平均数的150%另付加班费。如在晚上加班，从深夜22时至次晨5时的加班费应按每小时正常工资的200%付给。Article 1414.1 Wages of Party B shall be payable in respect of every day from the date of departure from Guangzhou until the date of departure from Germany. Daily wage sha

24、ll be 1/25 of the basic monthly wages.14.2 Party A shall, within one week after receipt of Party Bs bill, pay all the due amount of basic wages, overtime allowances to Party B by telegraphic transfer to Party Bs bank account with the Bank of China, Guangzhou.14.3 In case Party A delays payment under

25、 this Contract for a period longer than one month from the due date without any justifiable reason, Party A shall pay interest on the delayed amount at the monthly rate of 2% for the delayed period.十四1人员的工资应按每天计算，从离开广州之日起计，直到离开德国之日截止。每日的工资应为每月基本工资的1/25。2聘方应在接到受聘方的工资单一星期以内，将基本工资和加班费电汇给广州中国银行受聘方的账户。3如

26、果聘方无理拖延付款超过一个月时，应按延迟的天数和金额，以2%的月利率计付利息。Article 15 Insurance15.1 Party A shall, at his own cost, effect overseas Travel Accident Insurance for the Personnel with XXX Insurance Company of Hong Kong.15.2 Party A shall, at his own cost, also pay contribution to the Social Security Scheme of Germany for

27、the Personnel to comply with the relevant regulations of German Government.十五1聘方应自费为人员向香港XXX保险公司投保海外旅行事故险。2聘方还应该按德国政府的规定，为人员缴纳德国社会安全计划捐款。Article 16 Medical service16.1 Party A shall, at his own cost, provide Party B with first aid facilities and medicines at the site.16.2 In case Party B is injured

28、in an accident while at work, Party A shall give him medical treatment and 1525 days sick leave with full pay. In case the injury results from violation of operation regulations, Party B shall be responsible for the expenses of the injured persons medical treatment.16.3 In case any sick or injury of

29、 Party B is certified by a registered doctor as being unable to recover within one month and advised to go back home for further treatment, Party A shall send him back and bear the cost of his air ticket from Munich to Guangzhou.十六1聘方应向受聘方提供工地急救设施和药物。2聘方如因工伤，聘方应提供治疗，并给予带薪病假15-25天，如因违反操作规程负伤，其医药费应由受聘

30、方负担。3如经注册医生证明其伤病不可能在一个月内医好并且建议送回本国继续医治者，聘方应送他回国，负担他从慕尼黑到广州的飞机票费用。Article 17 Traveling allowanceParty A shall bear the traveling expenses of Party B who travels on an official errand approved by Party A, and pay him the subsistence allowances in accordance with rates as stipulated.十七、聘方应负担经他批准的受聘方的差旅

31、费，并按规定标准给予生活补助费。Article 18 Other necessitiesParty A shall provide at the worksite the following facilities for Party B, who may use them free of charge: A. Electricity; B. Water; C. Messing facilities; D. Tableware; E. Bedding; F. necessary traffic facilities.十八、聘方应在工地提供下列设施供聘方免费使用；A 电B 水C 食堂D 餐具E 床上用品F 必需的交通工具。Article 19 19.1 Party B shall not be entitled to home leave within 12 months of service.19.2 Party B who has worked at the worksite for a continuous period of more than 18 months shall be paid 320 Euros as a bonus by Party A.十九1受聘方在12个月以内的工作期间无权享受探亲假。