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 日起至 年 月 日止。
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 ( ).
（二）乙方应于本合同签订后，在 年 月 日前到岗位工作。
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
（一）根据甲方需要，乙方在 部门从事 岗位工作，乙方到岗后应服从所属部门或上级主管的工作安排。
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.