How to draw up an employment contract Hello, how to draw up an employment contract

Legal analysis: The labor contract shall have the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

(2) The worker's name, address, and resident ID card or other valid identification number;

(3) The term of the labor contract;

(4) The content of the work and the place of work;

(5) Working hours, rest and vacation;

(6) Labor remuneration;

(7) Social insurance;

(8) Labor protection, working conditions and protection against occupational hazards;

(9) Other matters that shall be included in the labor contract as provided by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. To establish a labor relationship, a labor contract shall be concluded. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall have the following necessary clauses: (1) The term of the employment contract. That is, the validity period of the employment contract.

2) Work content. That is, the job position (type of work) that the worker is not engaged in during the validity period of the labor contract, as well as the quantity and quality indicators of the work that should be achieved or the tasks that should be completed. (3) Labor protection and working conditions.

That is, in order to ensure the safety, health and other working conditions of employees in the labor process, the employer takes various protective measures in accordance with relevant national laws and regulations. (4) Labor remuneration. That is, the wages that the employer should pay if the employee provides normal work.

5) Labor discipline. That is, the work order and rules that workers must abide by in the labor process. (6) Conditions for termination of the labor contract.

That is, in addition to the time limit, other specific legal facts agreed by the parties, as soon as these facts appear, the rights and obligations between the two parties terminate. (7) Liability for breach of labor contract. That is, if the parties do not perform the labor contract or do not fully perform the labor contract, the corresponding legal liability should be borne by the rough ruler.

Work Safety Law The labor contract concluded between the production and business operation entity and the employee shall specify the matters related to ensuring the labor safety of the employees and preventing occupational hazards, as well as the matters concerning the handling of work-related injury social insurance for the employees in accordance with the law. Production and business operation entities shall not enter into agreements with employees in any form to exempt or reduce their liability for production safety accidents in accordance with the law. If such an agreement is entered into illegally, the agreement shall be null and void.