Party A: XXX
Party B: YYY
Date of Birth:
Current Domicile Place:
Made by Shenzhen Commercial Bank
In accordance with Shenzhen Commercial Bank Labor Contract Management Regulations, XXX (Party A) and YYY(Party B)voluntarily sign this contract on the basis of equality and negotiations. Both parties agree:
Article 1 Working Position
Party A employs Party B to be engaged in Management Work in Auditing Department. Party A has the rights to adjust Party B’s working positions and working department according to working changes and necessities and Party B shall honor such adjustment.
Article 2 Contract Term( Probation Term)
Both parties shall choose the second form in the followings to ascertain the Contract Term.
1 Fixed Term Contract___(Years): Contract term is from___(MM/DD/YYYY) to _____(MM/DD/YYYY). Probation Term is ___(Ms), which is from ___(MM/DD/YYYY) to ___(MM/DD/YYYY).
2 Non-Fixed Term Contract: the term begins from May 1, 2006.
Article 3 Salary, Social Insurance and Welfares
1 Within the valid term of such contract, Party A shall pay Party B salary according to Party A’s related regulations, buy social insurance for Party B in accordance with related Shenzhen social insurance regulations and Party A also shall, in accordance with Laws and regulations, provide to Party B welfares, such as legal holidays, etc.
2 In Probation, normally Party A has no obligation to make Party B officially transferred or perform the Hukou transfer procedures for Party B.
3 Party B will not be employed unless he is proved to be qualified at tests on the expiration of the Probation. Party A shall help handle the Hukou transferal in batches and stages for non-Shenzhen employees according to Party B’s comprehensive conditions and Party A’s indexes.
Article 4 Labor Discipline
Within the valid term of this contract, Party B shall:
1 Strictly abide by Policies and Regulations as well as Party A’s rules and regulations.
2 Devote to work, be loyal to his duty, be impartial, be unselfish, be tide and clean, act under regulations, entertain clients friendly and politely.
3 Honor Party A’s working arrangement and accomplish the working assignment guaranteeing quantity and quality.
4 Take care of Party A’s property, maintain Party A’s reputations and keep Party A’s business secrets confidential.
5 Obey the Family Planning Regulations.
Article 5 Modifications, Dissolution, Renewal and Termination of This Contract
1 Both parties can modify this contract after they negotiate and reach the agreement.
2 In the following situations, Party A can discharge this contract at any time:
(1) Party B is proved to be unqualified during the Probation period and the specific situations are as followings:
①Party B is found and verified by related Authorities to suffer mental disorder and other serious diseases.
②ID, Degree Certificates, Work experiences and Professional Verification are in conflict with the truth.
③Other situations which make Party B unqualified.
(2) Party B seriously violates Party A’s Labor Disciplines and regulations and the specific situations are as followings:
①Party B is absent from work continuously over 15 workdays without any reasonable justifications or accumulated absence exceeds 30 workdays within one year.
②The facts that Party B asks for or provides the false certifications of sickness has been proved to be true.
③Party B’s slackness results in his failure to accomplish the work which should have been finished.
④Party B refuse to obey the work assignment and positions transferal without any legitimate reasons.
⑤Party B has been picking quarrels and stirring up troubles, fighting, brawling, in violence and threatening leaders which seriously break the work and social orders.
⑥Party B abuses his power and performs his job by violating Policies, Regulations as well as the power authorized by the legal person.
⑦Party B is engaged in drug trafficking and addiction, prostitution, immorality and gambling.
⑧Party B is involved in misappropriation of public funds, corruption, stealing, bribery and smuggling without being held criminally liable.
⑨Other violations which should cause Party B to be fired or dismissed according to related Regulations.
⑩Other situations prohibited by Party A’s rules and regulations.
(3)Party B seeks personal gains through violating laws and regulations and Party B’s malpractice seriously damaged Party A’s interests and the specific situations are as followings:
①Such actions are so serious that it causes Party A’s economic losses and capital risks.
②Such actions are so serious that its effect damaged Party A’s credibility and reputations.
③Other situations which are prohibited by Party A’s rules and regulations.
(4) Party B is re-educated through labor so that he cannot perform this contract.
(5) Party B is held criminally liable.
(6) Other situations stipulated by laws and rules.
3 In the following situations, Party A is authorized to rescind this contract but shall give Party B the written notification 30 days prior to the rescission.
(1) Party A is in legitimate restructuring period due to its being on brink of bankruptcy or run into business difficulties and Labor Bureau verify to cut down the staff.
(2) Party B is unqualified for the original work and after the training and adjustment of the positions, he still cannot qualify.
(3) Party B suffers sickness or physical injury not due to work and after treatment, he still cannot carry out the original work or other work arranged by Party A.
(4)Significant changes to the original circumstances on which this contract depended render continuing of this contract impossible and both parties cannot reach the agreement of the modifications of the original contract.