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新劳动合同中英文双语版本 Employment Agreement (第二部分)
 

新劳动合同中英文双语版本 Employment Agreement (第二部分)

 

关键词:新劳动合同 中英文双语版本  新劳动合同法 中英文对照劳动合同

劳 动 合 同

Employment Agreement

第三条(工作时间和休息休假)Article 3 Working Hours and Holiday

(一)乙方的岗位实行全日制标准工时工作制度,甲方安排乙方每日工作时间不超过8小时,每周工作五天。

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.

(二)甲方由于工作需要,经与乙方协商后可以延长工作时间,一般每日不超过1小时,因特殊原因需要延长工作时间的,在保障乙方身体健康的前提下工作时间不得超过3小时,每月不得超过36小时。

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.  

(三)乙方有享受国家规定的各类休息休假的权利,具体按甲方的《职工工作时间及休息休假管理办法》执行。

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.

(四)如遇国家或本市政府有关部门调整工作时间和休息、休假时间,或甲方在特殊季节临时调整休息、休假时间的,不作本合同变更处理。

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

(一)乙方的劳动报酬包括每月发放的固定工资和以及相关的津贴补贴、每季度考核发放的绩效工资等部分组成,按照甲方薪酬管理规定执行。合同签订后甲方发给《职工薪酬告知书》,具体明确薪酬类别和标准。《职工薪酬告知书》作为本合同的附件,与本合同具有同等法律效力。

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.

(二)在履行本合同期间的日常操作中,甲方依照《职工薪酬告知书》中约定的薪酬标准作以下扣除处理的,本合同不作变更处理。

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、由公司代扣代缴的个人所得税。

2、由职工个人承担的社会保险费、住房公积金、企业年金的扣款。

3、因职工违反公司规章制度所发生违约金、赔偿等扣款。

4、因职工发生事假等非带薪假期所作的扣款。

5、因法院对职工涉案判决所指定公司执行的扣款。

6、其它符合法律及公司制度而发生的扣款。

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.

(三)在本合同期间,甲方因调增职工薪酬标准的,本合同不作变更处理。

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.

(四)甲方每月5日以货币形式通过银行转账到乙方个人帐户的办法支付乙方工资,包括岗位工资、工龄工资及按月发放的相关补贴。乙方同意属于乙方可得的绩效工资、补贴津贴等按甲方薪酬管理规定的日期和形式发放,届时甲方以电子邮件等形式通知乙方。

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.

(五)若乙方提供了正常劳动,甲方支付给乙方的工资报酬不得低于本市政府规定的最低工资标准。

4.5 The remuneration paid by Party A to Party B may not be less than the minimum level provided by the local municipal government, provided that Party B provides normal work for Party A.

(六)甲方每月向乙方发放上月工资清单。该清单属于保密范围,应妥善保管,不得泄露给本人家庭成员以外的任何第三人、员工之间不得相互打探,如有疑义可以向甲方人力资源部咨询。

4.6 Party A shall, on a monthly basis, send Party B remuneration list for the last month; such remuneration list must be treated as confidential information and kept properly, and such list may not be disclosed to any third parties other than the family members of Party B; employees may not enquire of one another about the remuneration; in the event of any objection, Party B may consult Party A’s human resource department.

第五条(社会保险及其它)Article 5 Social Insurance and Other Matters

(一)甲方按照国家和上海市的有关规定,为乙方交纳社会保险和住房公积金。

5.1 Party A shall pay social insurance premium and housing accumulation funds for Party B in accordance with the relevant regulations of the State and Shanghai municipality.

(二)乙方原意按照国家和上海市的有关规定,由个人承担的社会保险、住房公积金部分由甲方在工资中代扣代缴。

5.2 Party B agrees that Party A may, from the remuneration payable to Party B, withhold the part of social insurance premium and public remuneration fund to be borne by Party B and Party A may pay such withheld part on behalf, in accordance with the relevant regulations of the State and Shanghai municipality.

(三)乙方因病或非因工负伤期间,享有上海市规定的医疗期和疾病休假待遇。

5.3 If Party B suffers sickness or non-work-related injury, Party B is entitled to medical treatment period and sick leave treatment provided by Shanghai municipality.

(四)符合计划生育政策的乙方(女职工)享有本市规定的产假和其它特殊待遇,事前乙方须提出申请,经甲方(但不限于甲方,如果需要政府有关机构审核批准的)核准后执行。

5.4 Party B (if Party B is a female employee) is entitled to maternity leave and other special treatment provided by this local municipality, provided that she must be in compliance with the State’s family planning policy and Party B shall submit an application to Party A (if the approval of the government is necessary, Party B shall submit such application to competent authorities) for approval in advance.

(五)乙方享有甲方按国家或本市政府及甲方的规定设定的福利待遇,具体按甲方的有关办法执行。

5.5 Party B is entitled to the welfare provided by Party A in accordance with the relevant provisions made by the State, the local municipal government or Party A; Party A’s relevant implementation rules shall apply to the welfare.

(六)如遇国家或本市政府调整社会保险、住房公积金的政策,甲方相应调整乙方的社会保险、住房公积金的,本合同不作变更处理。

5.6 If, in the event of the readjustment made by the State or local municipal government of the policy on social insurance or housing accumulation fund, Party A readjusts the social insurance and housing accumulation fund for Party B accordingly, this Agreement may not be deemed as being altered.