Insurance Company Labor Contract Sample 3
Name of Party A (employer):
Name of Party B (employee):
According to " "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China" and relevant national laws, regulations and relevant provisions of the company. Party A and Party B shall adhere to the principles of good faith, equality, voluntariness and consensus through consultation. Agree to sign this contract and agree to abide by the terms listed in this contract. The meanings of the following terms involved in the contract are:
1. Company: refers to the companies and their branches directly or indirectly controlled by Ping An Insurance (Group) Co., Ltd. of China and Ping An Insurance (Group) Co., Ltd. of China mechanism.
2. Company system: refers to the various rules, systems or methods formulated by the company in accordance with the law and applicable to Party B; the company system is disclosed to Party B through the company's internal electronic network or in writing, and Party B should check it in a timely manner Understand the company's system through the company's internal electronic network or by asking supervisors or reviewing written documents.
Chapter 1 Term of Labor Contract
Article 1: This contract is
1. Fixed term: from day to month
2. No fixed period: from
3. The period is based on the completion of certain tasks: from year
Article 2 The probation period of this contract is from year month day to year month
Chapter 2 Work Content, Work Location and Labor Protection
Article 3 Party A hires Party B to perform work based on business needs.
Article 4 Party B agrees to Party A’s work arrangements, abides by the company’s system, accepts the company’s performance appraisal, and completes tasks with quality and quantity.
Article 5 Party B’s working location is .
Article 6 Party B agrees that during the performance of this contract, Party A can appropriately adjust Party B’s specific position within the scope of the work content stipulated in the contract, and has the right to appropriately adjust Party B’s position within the scope of the work location stipulated in the contract. workplace.
Article 7 Both Party A and Party B must strictly abide by national and company regulations on labor safety, labor protection and occupational hazard protection. Party A provides Party B with necessary working conditions and working environment to ensure that Party B performs its work smoothly. Responsibilities.
Chapter 3 Working Hours, Rest and Vacation
Article 8 Party A and Party B agree to implement state regulations.
1. Standard working hours system;
2. Comprehensive calculated working hours system;
3. Unfixed working hours system.
Article 9 Party A shall arrange Party B’s working hours in accordance with national regulations, and Party B shall obey the working hours arranged by Party A.
Article 10 Party A shall ensure Party B’s rest and vacation rights in accordance with national and company regulations.
Chapter 4 Remuneration
Article 11 The company implements a remuneration system with an incentive mechanism, and designs a remuneration structure that meets the characteristics of the position and grade according to the different employee positions and ranks. level, provide employees with good remuneration packages, and maximize the comprehensive value of the company and employees.
Article 12 Party A shall pay Party B’s salary for the previous month in monetary form before days of each month (if it falls on a holiday or rest day, on the nearest working day in advance), without any unreasonable deduction or arrears. Party A shall pay Party B a monthly salary that is no less than the local minimum wage.
Article 13 Party B agrees that Party A may make corresponding adjustments to Party B’s salary structure and level under the following circumstances:
1. Changes in national laws and regulations;
2. Party B’s specific job position will be adjusted, and the salary will be paid according to the salary structure and level corresponding to the adjusted position:
3. The company’s salary system has changed;
4. According to The company's assessment system will be adjusted based on Party B's performance assessment results;
5. It will be adjusted in accordance with the company's labor discipline, reward and punishment system and salary reduction regulations.
Article 14 Party B shall actively pay personal income tax in accordance with the provisions of national tax laws. Party B agrees that Party A will withhold and pay the personal income tax payable by Party B.
Chapter 5 Social Insurance and Welfare
Article 15 Both Party A and Party B must participate in social insurance in accordance with relevant national regulations.
Article 16 Party B shall enjoy various welfare benefits in accordance with Party A’s regulations.
Chapter 6 Protection of Company Assets
Article 17: Party B, as an employee of the company, shall act in accordance with the following tangible and intangible assets that the company has ownership or other legal rights: The principles of integrity and prudence will protect:
1. Various movable and immovable properties;
2. All customer information accumulated by the company;
3. The company passes Business information, business development opportunities, and established business channels obtained through various methods;
4. Software in the company’s computers and network systems;
5. Generated using the company’s computers and network systems All information and materials;
6. Inventions and creations made by Party B due to the performance of duties or mainly using the company’s material and technical conditions, business information, etc. (unless otherwise agreed by both parties);
7. Works produced by Party B due to the performance of duties or mainly using the company's material and technical conditions, business information, etc., including newspapers, books, pictures, software or software systems, advertisements, reports, business materials, training materials, marketing aids, etc. ( Unless otherwise agreed by both parties);
8. Various rules, regulations and business measures formulated by the company that are original or different from other enterprises;
9. The company’s trademark rights , name rights, reputation rights, company flags, company emblems, CI and other logos, etc.;
10. Other forms of company assets.
Article 18 In order to protect the company’s assets, Party B promises:
1. Reasonably use and protect the company’s assets in accordance with the law, and not misappropriate or illegally possess, use, steal, leak, or arbitrarily Transfer or otherwise damage company assets.
2. Comply with the provisions of this contract and the company's system on the protection of intellectual property rights, especially trade secrets.
3. Comply with the management regulations and measures formulated by the company to protect the security of network and information assets.
Chapter 7 Protection of the Company’s Human Resources and Business Secrets
Article 19 The employee team (including business team) and agent team are important human resources of the company, and Party B is responsible for Duty to protect.
Article 20 In order to protect the company’s human resources, Party B promises that it will not induce the company’s employees or agents to resign in any way, whether during the performance of the labor contract or not.
Article 21 Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the company, are practical and the company has taken confidentiality measures. Trade secrets also belong to Company Assets.
Article 22: In order to protect the company’s business secrets, Party B promises:
1. Implement the company’s business secret protection system and fulfill confidentiality obligations.
2. Do not disclose the company’s business secrets to any third party in any form without the written consent of Party A.
3. During the period of this contract, without the written consent of Party A, you will not work in enterprises engaged in similar business operations as the company (insurance, securities, trust, banking) or other enterprises that compete with the company. Hold any position (including but not limited to shareholder, partner, director, supervisor, manager, employee, agent, consultant, etc.) or provide any help, guidance, or service that competes with the company.
4. When Party A makes a request or this contract ends, promptly return the used and possessed media containing the company’s trade secrets.
Chapter 8 Labor Discipline and Code of Conduct
Article 23 Party B promises:
1. Take the initiative to learn and strictly abide by the company’s laws and regulations formulated in accordance with national laws and regulations Various company systems and labor disciplines;
2. Act in accordance with the principle of good faith at all times, and do not perform actions that are detrimental to the interests of the company, customers, shareholders, and other employees (including but not limited to fraud, Misleading, embezzling, slandering, spreading false information, serious dereliction of duty, malpractice for personal gain, etc.).
3. The resume submitted must be true and complete, the certificates must be true and valid, and the reward and punishment records before joining the company should be truthfully disclosed.
Article 24 According to the relevant regulations of the company, if Party B is listed as a non-competition person (either when signing this contract or due to changes in Party B’s position, position or other circumstances), Party B Commit to sign a "Restriction of Competition Agreement" with Party A.
Chapter 9 Changes to the Labor Contract
Article 25 Upon negotiation and agreement between Party A and Party B, the change may be made in accordance with the law. Change the relevant contents of the contract in writing.
Chapter 10 Termination and rescission of the labor contract
Article 26 If any of the following circumstances occurs, this contract will be terminated:
1. Labor contract Upon expiration;
2. Party B reaches the legal retirement age;
3. Party B dies, or is declared dead or missing by the People’s Court;
4. Other situations stipulated in laws and administrative regulations.
Article 27 Party A and Party B may terminate this contract by consensus.
Article 28 To terminate the contract, Party B shall notify Party A in writing thirty days in advance in accordance with the law. If it is within the probation period, Party B shall notify Party A in writing three days in advance in accordance with the law.
Article 29 If Party B has any of the following circumstances, Party A may notify Party B to terminate this contract at any time:
1. During the probation period, it is proven that he does not meet the employment conditions;
2. Serious violation of the company’s rules and regulations;
3. Serious violation of the provisions of Chapter 6, Chapter 7 and Chapter 8 of this contract;
4 , Serious dereliction of duty, malpractice for personal gain, causing significant damage to the company;
5. During the existence of the labor relationship, Party B establishes labor relations with other units at the same time, which seriously affects the completion of Party A's work tasks, or causes severe damage to the company. Party A raises the objection but refuses to correct it;
6. Being held criminally responsible or sent to reeducation through labor in accordance with the law;
7. Other circumstances stipulated by laws and administrative regulations.
Article 30 If any of the following circumstances occurs, Party A may terminate the labor contract, but shall notify Party B in writing 30 days in advance or pay an additional month's salary in lieu of notice:
1. Party B is ill or injured not due to work, and after the expiration of the prescribed medical treatment period, he is unable to engage in the original job or the job arranged separately by Party A;
2. Party B is not competent for the job ( Including but not limited to the circumstances stipulated in Party A’s performance appraisal system), after performance training or job adjustment, you are still unable to do the job;
3. There have been significant changes in the objective circumstances based on which the labor contract was concluded. , causing the labor contract to be unable to be performed, and Party A and Party B failed to reach an agreement on changing the labor contract after negotiation. Significant changes in objective circumstances refer to changes in market conditions, adjustments to Party A's business strategy, adjustments to organizational structure, etc.
Article 31 If Party B has any of the following circumstances, Party A shall not terminate or terminate this contract in accordance with the provisions of Article 26, Paragraph 1 and Article 30 of this contract, and the labor contract shall automatically terminate It will be terminated or terminated in accordance with the law when the following circumstances disappear:
1. Those who are engaged in operations exposed to occupational disease hazards without conducting a pre-job occupational health examination, or patients with suspected occupational diseases are during the diagnosis or medical observation period;
2. Party A suffers from occupational diseases or work-related injuries and is confirmed to have lost or partially lost the ability to work;
3. Sickness or non-work-related injuries within the prescribed medical period ;
4. Female employees who are in pregnancy, childbirth, or lactation;
6. Other situations stipulated in laws and administrative regulations.
Article 32 If the labor relationship between Party A and Party B is terminated or terminated, Party B shall complete the physical handover and work handover procedures, including but not limited to signing the written notice of cancellation/termination of the contract, signing to confirm the termination agreement, and signing for the termination. /Proof of termination of contract, return of company assets, transfer of work responsibilities, settlement of accounts with the company, transfer of file account relationships, clearing of annual leave, etc.
Article 33 If Party A renews the contract with Party B due to work needs, it may notify Party B within 30 days before the expiration of the contract. Upon negotiation and agreement by both parties, the renewal procedures shall be completed in a timely manner.
Chapter 11 Economic Compensation
Article 34 The calculation methods and standards for economic compensation for the termination or termination of a labor contract shall be implemented in accordance with national regulations.
Article 35 If Party A needs to pay financial compensation, it will be paid when Party B completes the provisions of Article 32 of this contract.
Chapter 12 Liability for Breach of Contract
Article 36 Party B fails to notify Party A in writing thirty days or three days (during the probation period) in advance to terminate the labor contract and leaves without authorization in accordance with the law. If it causes economic losses to Party A, it shall be liable for compensation.
Article 37 If Party B violates the company's rules and regulations or neglects its duties during the labor relationship and causes losses to Party A, Party A has the right to take one or more of the following measures:
1. Adjust Party B’s job position, position, and rank;
2. Terminate the labor contract in accordance with Article 2f19 of this contract;
3. Require Party B to pay Damages, the specific amount of damages and the calculation method of losses are based on the company's regulations; Party A can directly deduct various compensation payments from Party B's salary (the monthly deduction shall not exceed 20% of the monthly salary and the remainder after deduction The salary part shall not be lower than the local monthly minimum wage standard, unless otherwise specified by the local government).
Article 38 After verification that Party B owes Party A and other unsettled matters, Party A has the right to deduct the relevant amount from its salary and economic compensation. If the salary and economic compensation are insufficient, Party B shall pay Party A separately before leaving the company.
Article 39 The company provides professional technical training to Party B. Party B shall serve Party A for a certain period of time (the specific period shall be subject to the training service agreement). If Party B resigns before the service period is completed, Party B shall Party A shall pay liquidated damages, which shall be the training expenses to be shared during the unexpired service period.
Article 40 If Party A signs a non-competition agreement with Party B due to business needs, Party B shall abide by the provisions of the non-competition agreement. If Party B violates the non-competition agreement, Party B shall pay liquidated damages to Party A. , the amount shall be subject to the agreement in the non-competition agreement.
Article 41 If any dispute arises due to the performance of this contract, Party A and Party B shall resolve it through friendly negotiation; if negotiation fails, they may apply in writing to the labor dispute arbitration committee with jurisdiction for arbitration. If you are dissatisfied with the arbitration award, you may file a lawsuit in the People's Court.
Chapter 13 Others
Article 42 Party B’s address is (to be filled in by Party B):
Party B promises that the address filled in this contract is It is true and valid. When Party B's address changes, it shall be updated in Party A's personnel information system within three days after the change, and Party A will be notified in writing of the result of the change.
Party B confirms that the notification or other information sent by Party A to the aforementioned address shall be deemed delivered on the third day.
Article 43 Other matters agreed upon by both parties
Article 44 Matters not covered in this contract shall be governed by the relevant laws and regulations in force in the country.
Article 45 This contract will take effect after Party A signs and seals it and Party B signs it.
Article 46 This contract is made in duplicate. Party A and Party B each hold one copy, and each copy has the same legal effect.
Article 47 Party A and Party B may sign a supplementary agreement as an annex to the contract based on the actual situation. The annex to the contract shall have the same legal effect as this contract. If there is any inconsistency between the annex to the contract and the provisions of this contract, the annex to the contract shall prevail. shall prevail.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________year____month____day_______year____month____day