How a company signs an employment contract with an executive

Enterprises signing labor contracts with senior executives are subject to the provisions of the Labor Contract Law, and may agree on non-compete clauses with senior executives, stipulating that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement, and the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

Labor Contract Law

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

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 stipulated 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 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

1. Employees on long vacations and surplus personnel; An employment contract is required, but an agreement is made for the period of absence. 2. Non-on-the-job personnel who have been borrowed from other units for a long time and go to school with pay; It is necessary to sign a labor contract and make an agreement on the period of absence. 3. Employees on long leave and employees during absence; The employer must sign an employment contract with the employee.

4. Approved employees on leave without pay among the original permanent workers; According to the agreement of both parties, it can be signed, or it is not necessary to sign a labor contract. 5. Party committee secretary, trade union chairman and other full-time party and mass personnel; It is necessary to sign an employment contract and make special agreements. 6. Company managers, directors and other senior management personnel; An employment contract can be signed, and an employment contract can be signed to bind the employment relationship between the two parties.

7. Students who use their spare time to work and study; There is no need to sign an employment contract, and it is not possible to establish an employment relationship. 8. Employees after the division or merger of the employer; It is necessary to continue the original employment contract, but it can also be changed through negotiation. 9. Employees dispatched to joint ventures and shareholding companies; You need to sign a contract with the employer, and the contract refers to the contract of the dispatching unit.