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新劳动合同中英文双语版本 Employment Agreement (第四部分)
 

新劳动合同中英文双语版本 Employment Agreement (第四部分)

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

第十条(本合同的变更)Article 10 Alteration

   (一)有下列情形之一的,甲、乙双方可以变更本合同:

10.1 In any of the following cases, the two parties hereto may alter this Agreement:

1.在不损害国家、集体和他人利益的情况下,双方协商一致的;

1. On the condition of no prejudice to the interest of the State, organizations or other individuals, the two parties reach agreement for alteration;

2.本合同订立时所依据的下列客观情况发生了重大变化,致使本合同无法履行,经甲乙双方协商一致的;

2. Any major change occurs to any of the following conditions on which this Agreement is based, which renders performance hereof impossible, and the two parties reach agreement for alteration:

(1)、公司因经济原因或法律原因导致职工从事的公司经营项目消失。

(2)、因公司战略调整,组织架构改变后,职工所从事的工作岗位消失。

(3)、因其他原因导致经营项目消失或工作岗位消失

    (4).由于不可抗力的因素致使本合同无法完全履行的;

(5).本合同订立时所依据的法律、法规已修改的;

(1) Party A’s company business item in which Party B is engaged ends owing to economic or legal reasons;

(2) The working positions in which Party B is engaged are canceled owing to the readjustment of Party A’s company strategy or organizational structure;

(3) Some business item or working positions are canceled for other reasons;

(4) This Agreement is prevented by Force Majeure event from being performed completely;

(5) Those laws or regulations on the basis of which this Agreement is concluded have been modified.

(二).法律、法规规定的其他情形。

10.2 Other circumstances provided by laws or regulations under which this Agreement may be altered.

第十一条 (本合同的解除)Article 11 Rescission of Agreement

   (一)乙方有下列情形之一的,甲方可以解除本合同:

11.1 In any of the following cases, Party A may rescind this Agreement:

1、在试用期间,被证明不符合录用条件的;

2、严重违反劳动纪律及甲方规章制度的;

3、严重失职,营私舞弊,给甲方利益造成重大损害的;

4、同时与其他用人单位建立劳动关系,对完成甲方工作任务造成严重影响,或者经甲方提出,拒不改正的;

5、以欺诈、胁迫的手段或者乘人之危,使甲方在违背真实意思的情况下订立或者变更本合同的;

6、乙方被查实在应聘时或应聘后向甲方提供的其个人资料是虚假的、

7、乙方因卖淫嫖娼被收容教育的;

8、乙方受公安治安拘留处罚或者被劳动教养的;

9.乙方被依法追究刑事责任的;

1. During the probation, Party B proves to be unqualified for employment;

2. Party B breaches Party A’s labor disciplines or regulations or rules seriously;

3. Party B commits dereliction of duty or engages in jobbery and thereby causes major damage to Party A;

4. Party B has labor relationship with other employer during the validity term hereof which has serious impact on completion of the work task assigned by Party A, or Party B refuses to take rectification in spite of Party A’s proposal;

5. Party B, by means of deception or coercion or by taking advantage of Party A’s difficulties, forces Party A to conclude or change this Agreement against Party A’s true will;

6. It is verified that Party B submitted fraudulent personal information to Party A when or after applying for employment;

7. Party B receives custodial education owing to prostitution or whoring;

8. Party B is given security detention or reeducation-through-labor by public security organs;

9. Party B is investigated for bearing criminal responsibility according to laws.

(二)有下列情形之一的,甲方提前三十日以书面形式通知乙方后,可以解除本合同:

11.2 In any of the following circumstances, Party A may, by sending Party B a 30 days’ prior written notification, terminate this Agreement: 

    1.乙方患病或者非因工负伤,医疗期满后,不能从事原工作也不能从事由甲方另行安排的工作的;

    2.乙方不能胜任工作,经过培训或者调整工作岗位,仍不能胜任工作的;

3.本合同订立时所依据的客观情况发生重大变化,致使原本合同无法履行,经甲、乙双方协商不能就变更本合同达成协议的;

1. Party B contracts sickness or sustains non-work-related injury, and after the medical treatment period, Party B can engage in neither the original work nor other work assigned by Party A;

2. Party B is not competent for his or her work and still can not be competent for work after being trained or change of working posts;

3. Any objective condition on which this Agreement is concluded undergoes material change, which prevents this Agreement from being performed, and the two parties hereto can not reach agreement for alteration hereof through negotiation.

   (三)甲方濒临破产进行法定整顿期间或者生产经营发生严重困难等进行经济性裁员的,提前三十日向工会或者全体职工说明情况,听取工会或者职工的意见后,裁减人员方案经向政府的劳动行政部门报告,可以解除本合同。

11.3 In case Party A cuts off the number of employees owing to rectification on bankruptcy or difficulty in production and business, Party A shall make explanation to the trade union and all the staff members in 30 days’ prior; after hearing the opinion of the trade union or employees, this Agreement may be rescinded after the plan for reduction of staff is reported to the administrative departments for labor.  

   (四)乙方有下列情形之一的,甲方不得依据本条第(二)、(三)款的规定解除本合同(法律、法规有特别规定的除外):

11.4 Unless otherwise provided by laws or regulations, Party A may not terminate this Agreement under Article11.2 or Article 11.3 hereof if Party B:

1.从事接触职业病危害作业的劳动者未进行离岗前职业健康检查,或者疑似职业病病人在诊断或者医学观察期间的; 
  2.患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的; 
  3.患病或者非因工负伤,在规定的医疗期内的; 
  4.女职工在孕期、产期、哺乳期的;
  5.在甲方连续工作满十五年,且距法定退休年龄不足五年的; 
  6.法律、行政法规规定的其他情形。

1. is engaged in operations that would expose him or her to occupational disease hazards and has not undergone a occupational health check-up before leaving work, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;

2. has been confirmed as having lost or partially lost his or her capacity to work due to an occupational disease contracted or a work-related injury sustained during his or her employment with Party A;

3. has contracted an illness or sustained a non-work-related injury and the prescribed period of medical treatment has not expired; 

4. is a female worker in her pregnancy, confinement or nursing period;

5. has been working for Party A continuously for not less than 15 years and is less than 5 years away from the legal retirement age; or

6. falls into any other circumstances stipulated by laws or administrative regulations.

(五)乙方提前30日以书面形式通知甲方,可以解除本合同。乙方在试用期内提前3日通知甲方,可以解除本合同。

11.5 Party B may, by sending Party A a 30 days’ written notification, rescind this Agreement; during the probation, Party B may rescind this Agreement by sending Party A a 3 days’ written notification. 

(六)有下列情形之一的,乙方可以随时通知甲方解除本合同: 

11.6 In any of the following cases, Party B may rescind this Agreement by sending Party A a notification at any time:
  1.甲方未按照本合同约定提供劳动保护或者劳动条件的; 
  2.甲方未及时足额支付劳动报酬的; 
  3.甲方未依法为劳动者缴纳社会保险费的; 
  4.甲方的规章制度违反法律、法规的规定,损害劳动者权益的; 
  5.因《中华人民共和国本合同法》第二十六条第一款规定的情形致使本合同无效的; 
  6.法律、行政法规规定劳动者可以解除本合同的其他情形。   

1. Party A fails to provide labor protection or working condition as stipulated in this Agreement;

2. Party A fails to duly pay remuneration in full amount;

3. Party A fails to pay social insurance premium for Party B according to laws;

4. Party A’s regulations go counter to laws or statutes and thus damage Party B’s rights and interests;

5. This Agreement becomes null and void owing to the circumstances provided in first section of Article 26 of Contract Law of the People’s Republic of China.

6. Other circumstances in which Party B may rescind this Agreement according to laws or administrative regulations.

(七)甲方以暴力、威胁或者非法限制人身自由的手段强迫乙方劳动的,或者甲方违章指挥、强令冒险作业危及乙方人身安全的,乙方可以立即解除本合同,不需事先告知甲方。但乙方应在事发当时或事发后3个工作日内向甲方提出解除本合同的意思表示,经公司确认无误后,约定办理解除本合同手续的时间。如果一方既没有明确的书面意思表示,又不上班的,甲方有理由理解为旷工的行为,将按甲方的《职工违规处理办法》的有关规定处理。

11.7 In case Party A uses violence, threats or unlawful restriction of personal freedom to force Party B to work, or if Party A forces or instructs Party B to perform dangerous tasks which would endanger his or her personal safety in violation of rules or regulations, Party B may terminate this Agreement immediately without giving any prior notice to Party A. Party B shall, at the time of the occurrence of the above-mentioned facts or within three days thereafter, express his intention to terminate this Agreement, and then the two parties may stipulate the time for termination hereof after the confirmation by Party A. If Party B neither expresses his intention of termination in writing nor goes to work for Party A, Party A may deem Party B as absence from work without due reason and may treat Party B in accordance with the Rules for Treatment of Employees in Breach of Regulations.

  (八)经甲、乙双方协商一致,可以解除本合同。

11.8 The two parties hereto may terminate this Agreement by reaching mutual consent.

 

第十二条(本合同终止)Article 12 Termination

有下列情形之一的,本合同即行终止:This Agreement is terminated if:

 1.本合同期满前,任何一方提出本合同不续签的,则本合同期满即行终止。 
 2.乙方开始依法享受基本养老保险待遇的; 
 3.乙方死亡,或者被人民法院宣告死亡或者宣告失踪的; 
 4.甲方被依法宣告破产的; 
 5.甲方被吊销营业执照、责令关闭、撤销或者甲方决定提前解散的; 
 6.法律、行政法规规定的其他情形。 

1.      before this Agreement term expires, either party expresses its intention not to renew this Agreement;

2.      Party B has started to enjoy his entitlement to basic old-age insurance pension in accordance with the law; 

3.      Party B is deceased, or is declared dead or missing by a people’s court;

4.      Party A is declared bankrupt in accordance with law;

5.      Party A has its business license revoked, is ordered to close or is closed down, or Party A decides on early dissolution; or

6.      Other circumstances stipulated by laws or administrative regulations arise.