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The private employment agreement may state the names of the parties, their addresses, and their contact information**; the position, time and place of employment; the content of daily work; wages and remuneration; and important provisions such as rest and vacation.
Legal basis] Article 16 of the Labor Contract Law of the People's Republic of China.
The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract.
The text of the labor contract shall be held by the employer and the employee.
Article 17. The employment 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, number of brothers to keep secret, supplementary insurance and welfare benefits.
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1. Before signing the employment contract, it should be as clear as possible whether the employing unit is a legal business unit and whether it has the qualifications of an employing entity. Otherwise, even if the two parties have signed an employment contract, it will be invalid due to violation of legal provisions; 2. The contract should clarify the work content, conditions, location, occupational hazards, safety production status, labor remuneration, etc., so as to prevent the infringement of one's rights and interests due to unclear agreements; 3. The matters agreed upon by the worker and the employing unit shall be determined and written in writing in the employment contract, so as to prevent disputes from arising in the future and not being effectively protected by law due to lack of evidence.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China: A written labor contract shall be concluded to establish a labor relationship. 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.
Article 11 of the Labor Contract Law of the People's Republic of China: If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract is not provided for, equal pay for equal work shall be implemented.
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Legal analysis: the constituent elements of a labor contract: 1. Party A and Party B; 2. The term of the contract; 3. The content of the contract work; 4. Salary and social welfare; 5. Liability for breach of contract; Wait a minute.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The internal collision wheel of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
A sample of an employment contract.
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Party A: Party B:
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