英文合同【通用6篇】

英文合同 篇一

A Guide to Writing an English Contract

Introduction

Writing a contract in English can be a daunting task, especially if English is not your first language. However, with careful planning and attention to detail, you can create a clear and effective contract that protects the interests of all parties involved. In this article, we will provide a step-by-step guide to help you navigate the process of writing an English contract.

Step 1: Define the Parties

Begin by clearly identifying the parties involved in the contract. Include their full names, addresses, and any relevant information that distinguishes them from others with similar names. This will help avoid confusion and ensure that the contract is enforceable.

Step 2: State the Purpose of the Contract

Clearly state the purpose and objectives of the contract. This section should outline the specific goods, services, or obligations that each party is expected to provide. Be as specific as possible to avoid any misunderstandings or disputes in the future.

Step 3: Establish Terms and Conditions

In this section, lay out the terms and conditions of the contract. Include details such as payment terms, delivery schedules, quality standards, and any other relevant information. It is important to be thorough and precise to avoid ambiguity or loopholes that could be exploited.

Step 4: Include Termination and Dispute Resolution Clauses

To protect the interests of all parties, it is essential to include termination and dispute resolution clauses in the contract. Clearly state the conditions under which either party can terminate the contract and outline the process for resolving any disputes that may arise. This will help prevent potential conflicts and ensure a smoother working relationship.

Step 5: Seek Legal Advice and Proofread

Before finalizing the contract, it is highly recommended to seek legal advice from a qualified professional. They can review the contract to ensure that it complies with relevant laws and regulations. Additionally, thoroughly proofread the contract to eliminate any grammatical errors or inconsistencies.

Conclusion

Writing an English contract may seem challenging at first, but by following these steps and seeking legal advice, you can create a clear and effective document. Remember to be thorough, specific, and precise in your language to avoid any misunderstandings or disputes. With careful planning and attention to detail, your English contract will serve as a solid foundation for a successful business relationship.

英文合同 篇二

Common Mistakes to Avoid in English Contracts

Introduction

When writing an English contract, it is important to be aware of common mistakes that can render the contract ineffective or lead to future disputes. In this article, we will highlight some of the most common mistakes to avoid when drafting an English contract.

Mistake 1: Using Ambiguous Language

Using ambiguous language in a contract can lead to misunderstandings and disputes. It is crucial to be precise and clear in your language to ensure that all parties have a shared understanding of the contract's terms and conditions. Avoid using vague terms or phrases that can be interpreted differently by different parties.

Mistake 2: Failing to Include Essential Terms

Another common mistake is failing to include all essential terms in the contract. Essential terms include payment terms, delivery schedules, quality standards, and any other details that are crucial to the agreement. Failing to include these terms can lead to confusion and potential legal issues in the future.

Mistake 3: Neglecting Termination and Dispute Resolution Clauses

Termination and dispute resolution clauses are often overlooked but are essential in any contract. These clauses outline the conditions under which the contract can be terminated and provide a framework for resolving any disputes that may arise. Neglecting to include these clauses can leave parties without a clear path forward in case of conflict.

Mistake 4: Not Seeking Legal Advice

Writing a contract can be complex, and it is always advisable to seek legal advice from a qualified professional. They can review the contract to ensure that it complies with relevant laws and regulations and help identify any potential issues or gaps in the agreement. Failing to seek legal advice can leave parties vulnerable to legal complications in the future.

Mistake 5: Neglecting Proofreading

Proofreading is a crucial step in contract writing. Neglecting to proofread the contract can result in grammatical errors, inconsistencies, or typographical mistakes that can impact the contract's clarity and enforceability. Take the time to thoroughly review the contract before finalizing it.

Conclusion

By avoiding these common mistakes when writing an English contract, you can ensure that your contract is clear, effective, and enforceable. Be precise and specific in your language, include all essential terms, and seek legal advice to address any potential issues. Additionally, remember to proofread the contract to eliminate any errors or inconsistencies. By doing so, you can create a strong foundation for a successful business relationship.

英文合同 篇三

  Contract No.:XXX

  Sales and Purchase ContractFOR

  Manganese Ore

  This contract is made and entered into onXX, Feb 20xx under terms and conditions as per the international chamber of commerce-600 (ICC UCP-600/20xx revision) by and between:

  The Buyer:

  Address:

  Tel:

  The Seller :

  Address:

  Tel:

  Whereby seller agrees to sell to buyer and Buyer agrees to buy from seller Manganese Ore under following the terms and conditions stipulated below:

  Article 1 Commodity

  Concentrated manganese Ore

  Article 2 Specifications

  Concentrated Manganese Ore

  Size: 0-5mm (90% min)

  % Mn min. 40.0%

  % Fe max. 15.0%

  % Silica ( SiO2 ) max. 1.0%

  % Aluminum ( Al ) max. 4.0%

  % S max. 0.20%

  % P max. 0.10%

  Moisture max. 7%

  Article 3 Quantity:

  500 MT, partial shipment not allowed.

  Article 4 Origin and Port of loading

  4.1 Republic of ABC

  4.2 Loading port:

  Article 5 Packing/Delivery

  5.1 In50 kg sack

  5.2 Incontainer Shipment, more or less 20 tons.

  Article 6 Shipment/Delivery

  6.1 500MT(+/-5%)partial shipment not allowed

  6.2 Shipment will be 90 days after signing of this contract and after the acceptance of the Letter of Credit by seller’s bank. L/C will be openedafter BuyerreceivingProforma Invoice from Sellerwith confirmation of the delivery schedule.

  6.3 The Buyer has the right to appoint the independent surveyor or his representative to conduct the Pre-shipment Inspection and/or conduct the joint-inspection of the material with buyer for his own account.

  Article 7 Contracted Price and Values

  Price:Mn: 48% and above - USD0.00/%/DMTCFRCY Port, China

  40% - 47.9% - USD 0.00 /%/DMTCFRCY Port, China

  The Mn content will be average of the joint-inspection testing result at loading port.

  Article 8 Payment

  8.1 Payment shall be effected in full by an irrevocable Letter of Credit, which will be opened by 1stclass bank in Hong Kong or Singapore, 100% at sight upon presentation of shipping documents.

  A. Seller’s Banking Details:

  Bank Name :

  Bank Address :

  Account Name :

  S.W.I.F.T. CODE SWIFT :

  B. Buyer’s bank issues L/C to the Seller's bank via S.W.I.F.T. wire transfer.

  Buyer’s Banking Details:

  Bank Name : (will be advised)

  Bank Address :

  Account Name:

  S.W.I.F.T. Address SWIFT :

  Article 10 Inspection of Analysis & Weight

  The shipmentinspection and analysis shall be done byCCICappointed by the Seller and one independent surveyor (i.e.: SGS or Geo-Chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. While final weightand qualitydetermination shall be done atloadingportby the above joint-survey.Moisture content shall be deducted from the total weight shipped.

  Article 11 Documents

  Seller shall present the following documents to the buyer:

  A. Signed Commercial Invoice for 100% of the total cargo value indicating, quantity, unit price and the total Amount of Value of the delivered commodity , 1 original and 3 copies.

  B. Certificates of quantity, quality and weight issued byCCICand one independent surveyor appointed by the buyer.

  C. Certificate of Origin issued by ABC Department Of Trade or concerned Government authorities, I original and 2 copies.

  D. Weight List, showing total weight , 1 original and 3 copies.

  E. Bill of Lading, 3 original copies and 3 non-negotiable copies.

  Article 12 Force Majeure

  The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeureunder UCP 600. The seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 60 days the buyer shall have the right to cancel the Contract.

  Article 13 Arbitration

  All disputes arising out of or in connection with this Contract shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (UCP-600/20xx or Uniform Customs and Practice for Documentary Credits) by one or more arbitrators appointed in accordance with the said rules. The arbitration shall be conducted in ABCbythe English language.

  Buyer Seller

  关于购货合同:

  其中购货合同指的是企业作为需向供货厂商(供方)采购材料,按双方达成的协议,所签订的具有法律效力的书面文件,又称订购合同。

  对于购货合同是指企业作为需向供货厂商(供方)采购材料,按双方达成的协议,所签订的具有法律效力的书面文件,又称订购合同。购货合同只有在合同条款不与企业所在地国家与地方实施的现行法律、法规和条例等相抵触,经合同有关双方相互承诺,并且合同各方在签订合同前没有欺骗对方的行为时才具有完全的法律效力。

英文合同 篇四

  The following document offers excellent guidelines when preparing a timber sale contract.?Separate articles may be added to suit specific circumstances.?It is advised that the Seller and Purchaser employ legal counsel to review the contract prior to its endorsement.

  Contract entered into this ______ day of

_____, 20___., by and between __________ of _________ Illinois, hereinafter called the Seller, and _____________, of ____________(city), ___________(state), Illinois Timber Buyer License Number _______, hereinafter called the Purchaser, WITNESSETH:

  1. The Seller agrees to sell and the Purchaser agrees to buy for the total sum of ________dollars ($_______) under the conditions set forth in this contract all of the live standing timber marked or designated for cutting and all of the dead or down timber marked or designated upon an area of approximately _____ acres, situated in the _________ of Section ________, Twp._______ R._______, ____________ County, Illinois, on land owned and recorded in the name of _______________________.

  The Purchaser further agrees to pay to the Seller as an initial payment under this contract the sum of _________________ dollars ($_________), receipt of which is hereby acknowledged, and a final payment in the sum of ________________ dollars ($_______), prior to any cutting or removal of timber under this contract.

  2. The Seller further agrees to mark and dispose of the timber conveyed in this contract in strict accordance with the following conditions:

  (a) All trees to be included in this sale will be marked with a distinctive mark on the bole and stump of each tree.

  (b) No trees under _____ inches in diameter at a point 4 1/2 feet from the ground will be marked for cutting.

  (c) No concurrent contract involving the area or period covered in this contract has been or will be entered into by the Seller without the written consent of the Purchaser

  (d) The Purchaser and his employees shall have access to the area at all reasonable times and seasons for the purpose of carrying out the terms of this contract.

  (e) Unless otherwise specified, all material contained in the marked or designated trees is included in this sale

  (f)

  (g)

  3. The Purchaser further agrees to cut and remove all of the timber conveyed in this contract in strict accordance with the following conditions:

  (a) Unless an extension of time is agreed upon in writing between the Seller and Purchaser, all timber shall be paid for, cut, and removed on or before and none after the _____ day of _______, 20___, and any material not so removed shall revert to the Seller.

  (b) Unmarked trees and young timber shall be protected against unnecessary injury from felling and logging operations.?If, however, unmarked trees are cut, damages shall be paid the Seller at the rate of $1 per tree per M bd. ft. for all other species, and in the event that any such trees are cut, said trees shall remain upon the premises and shall be the property of the Seller.

  (c) Necessary logging roads shall be cleared by the Purchaser only after their locations have been definitely agreed upon with the Seller or his representative, and any trees to be removed in the clearing operations shall first be marked by the Seller.

  (d) During the life of this contract and on the area covered, care shall be exercised by the Purchaser and his employees against the starting and spread of fire, and they shall do all in their power to prevent and control fires.

  (e) Any liability for damage, destruction, or restoration of private or public improvements or personal damages occasioned by or in the exercise of this contract shall be the sole responsibility of the Purchaser, and the Purchaser shall save harmless the Seller on account of such damages.

  (f) The risk if loss or damage to the trees herein purchased, from any and all causes whatever, shall be borne by purchasers from the date hereof.

  (g) The Purchaser will not assign this agreement without the written consent of the Seller.

  (h)

  (g)

  (i)

  4. The Seller and Purchaser mutually agree as follows:

  (a) All modifications of the contract will be reduced to writing, dated, signed, and witnessed and attached to this contract.

  (b) Any need for reassignment of interest of either party may be changed within 10 days following written consent by both parties.?All terms of this contract legally bind the named representatives to excuse this document as written.

  (c) The total number of trees conveyed is _____ (having a volume of approximately _____bd. ft.) composed as follows:

  _______ white oak, _______ red and black oak, __________________, ____________________, ______________________, __________________.

  (d) In case of dispute over the terms of this contract, final decision shall rest with a reputable person to be mutually agreed upon the by parties to this contract.?If the parties hereto do not agree upon a third party within 10 days following the initiation of the dispute, or in the case of further disagreement, then within 15 days from the initiation of the dispute, it shall be submitted to a Board of Arbitration of three persons, one to be selected by each party to this contract and the third to be selected by the other two.?The Board shall decide the dispute within 5 days after the matter is referred to it.

  In the event that damages are awarded to the Seller by the Board of Arbitration and are not paid on the date that the award is made, then all operations of the Purchaser shall immediately cease, and if the award is not paid or satisfied within 30 days after the date of award, the Seller may take immediate possession of the premises upon which the timber is located, shall retain as liquidated damages all money paid by the Purchaser, and the title to all timber shall revert to and become the property of the seller.

  In witness whereof, the parties hereto have set their hands and seals this __________ day of ______________________ 20____.

  WITNESSES:

  ______________________________???______________________________

  for the Purchaser?? Purchaser

  ______________________________???______________________________

  for the Seller Seller

英文合同 篇五

  为保护双方的商业秘密,本着公平合理、平等互利的原则,双方经友好协商达成如下保密协议:

  To protect commercial secretes of Party A and Party B hereof,following the principle of fairness, equity and mutual benefit, the two parties involved hereby reach this non-disclosure agreement:

  1、甲方提供给乙方的任何资料均属于甲方的商业秘密,乙方负有保密义务。乙方负有保密义务的甲方商业秘密的范围包括但不仅限于如下陈述对象:

  All the information provided by Party A to Party B are in the scope of commercial secrets, and Party B has the obligation to keep them confidential. The scope of commercial secrets of Party A that Party B has the obligations to keep confidential includes but is not limited to the followings:

  1.1模具合同(包含品种,规格,数量、价格因素,交期等信息)、模具检验标准及产品检验标准;

  mold contract (including variety, specification, quantity and price factor, delivery date, etc.), mold inspection standard and product inspection standard;

  1.2与产品零件有关的任何资料、参数、图纸、夹具、工装等;

  All information, parameters, drawings, fixtures and tools concerning parts of the product;

  1.3涉及甲方产品的外观、功能等方面的模型、样机;

  models and samples of products concerning appearance and function of Party A;

  1.4任何标明具有“OPPO”或者等效标识的产品,包括IC卡,LCD显示屏,包装材料如彩盒、说明书、手提袋、广告制品、外壳等;

  Any product marked with “OPPO” or equivalent signs including IC card, LCD display, packing material such as color dispenser, product manual, handbag, advertising product and casing;

  1.5甲方提供的模具技术、模具专利、产品专利、开发的系统流程;

  mold technology, mold patent, product patent and system flow of development provided by Party A;

  1.6在乙方正在生产的甲方的模具状况、生产机型、订单明细(包括颜色、数量、交期等)等细节;

  Information of mold produced by Party B, product model, detailed information of purchase order (including color, quantity and date of delivery) of Party A, etc.;

  1.7甲方未上市机型的外形、造型、配色、试模样品(包括试模的素材、涂装样品)等原始技术资料、实物;

  Original technical data and actual product of Party A concerning appearance, industrial design, color matching, trial product of mold (including elements of trial mold and sample of coating) of the model that have not entered market yet;

  1.8其他甲方拥有知识产权结构设计方案及带有甲方专属LOGO的资料、实物。

  Other structure design schemes to which Party A owns intellectual property rights, and information and actual product with exclusive LOGO of Party A;

  2、对甲方上述商业秘密,乙方承担以下保密义务:

  Party B has the following obligations to keep the abovementioned commercial secretes of Party A confidential:

  2.1主动采取加密措施对上述所列及之商业秘密进行保护,防止任何第三者知悉及使用;

  Take active measures to protect the abovementioned commercial secretes in case they are learnt or used by a third party;

  2.2保证接触甲方商业秘密的员工不泄露知悉的甲方商业秘密,保证非接触甲方商业秘密的员工不得刺探 或者以其他不正当手段(包括利用计算机进行检索、浏览、复制等)获取甲方的商业秘密;

  Ensure that all the employees of Party B to whom disclosure of commercial secrets of Party A is to be made will not have the commercial secrets disclosed, and ensure that all the employees of Party B for whom the commercial secrets of Party A are inaccessible shall not detect or obtain in illegal method (including but not limited to searching, browsing and copying on computer);

  2.3不得向任何第三者披露甲方的商业秘密;

  Do not disclose the commercial secretes of Party A to a third party;

  2.4乙方除为履行义务且经甲方事先同意外,均不得为自己或他人之利益直接或间接使用上述机密资料及 知识产权;

  Unless for performing obligations specified in the agreement and with prior consent from Party A, Party B shall not directly or indirectly use the abovementioned confidential information and intellectual property rights for benefits of Party B or anyone else;

  2.5不得允许(包括出借、赠予、出租、转让等行为)或协助任何第三方使用甲方的商业秘密;

  Do not permit (including lending, presenting, releasing, transferring, etc.) or assist a third party in using the commercial secrets of Party A;

  2.6乙方了解甲方设有专门的对外发言及讯息披露制度,也承诺严格遵守该发言及讯息披露制度;

  Party B acknowledges that Party A has set up special system of public statement and information disclosure, and promises to strictly abide by this system;

  2.7不论因何种原因终止与甲方合作后,都不得利用甲方的商业秘密为其他与甲方有竞争关系的企业(包 括自办企业)服务;

  In case of termination of cooperation with Party A due to any reason, Party B shall not use the commercial secretes of Party A to provide service to the enterprise in competition with Party A (including self-invested enterprises);

  2.8乙方所占有、使用、监督或管理的与甲方知识产权有关的资料、机密资料均为甲方财产,应于合作结 束时悉数交还甲方,未经许可不得自行复制、传真、利用网络对外传送等。

  All the related information and all the confidential information concerning intellectual property rights of Party A possessed, used, supervised or controlled by Party B, are under ownership of Party A, and shall all be returned to Party A at termination of cooperation. All the information are prohibited to be copied, faxed and transmitted through network in case of no authorization;

  2.9乙方同意甲方商业秘密之界定范围,无论故意或过失、无论以任何形式泄露甲方商业秘密均属违法行 为,甲方有权视违法情节和危害程度,采取向警方报案、采取强制措施、追究刑事责任等非常手段。

  Party B agrees on the scope of commercial secretes specified by Party A. Disclosure of the commercial secretes of Party A in any form purposely or by fault is illegal. Party A has the right to report to the police, take compulsory measures and claim for criminal responsibility based on illegal condition and harm extent.

  2.10乙方如发现甲方的商业秘密被泄露或者自己过失泄露秘密,应当采取有效措施防止泄密进一步扩大,并及时向甲方报告。

  When Party B finds that the commercial secretes of Party A are disclosed or pulged for fault of Party B, Party B shall take effective measures to stop further disclosure and timely report to Party A;

  2.11本协议规定的商业秘密所有权始终全部归属甲方,乙方不得利用自身对属于甲方商业秘密资料的不同程度的了解申请知识产权,在本协议签订前乙方已依法具有某些所有权者除外。

  All the commercial secretes specified in this agreement are under the ownership of Party A, and Party B shall not apply for intellectual property rights by making use of learning about the commercial secretes of Party A it has learnt to any extent, those legally owned by Party B before signing this agreement excluded.

  3、甲方保密义务: Non-disclosure obligations of Party A:

  对于乙方提供甲方的样品、DEmO板,测试检验工装/软件、图纸、规格书等,甲方亦有责任根据乙方的要求,对等地遵守保密协议。

  Based on requirements of Party B on the sample, DEmO panel, test and inspection tool/software, drawing, specification etc. provided by Party B to Party A, Party A accordingly has the obligation to keep them confidential as per this non-disclosure agreement.

  4、保密期限 Term of non-disclosure

  甲、乙双方确认,乙方的保密义务自本协议签订时开始,直至甲方主动公开该保密信息时止。乙方是否继续与甲方合作,不影响保密义务的履行。

  Party A and Party B hereof confirm that non-disclosure obligations of Party B come into force on signing of this agreement till the confidential information is voluntarily disclosed by Party A. Whether Party B will continue further cooperation with Party A or not will not affect the performance of non-disclosure obligations by Party B;

  5、违约责任 Responsibility for breach of contract

  5.1如乙方未履行本协议规定的保密义务,乙方需支付人民币伍拾万元的违约金,违约金不足以弥补甲方损失的,甲方有权要求乙方赔偿损失。

  Provided Party B fails to perform non-disclosure obligations stipulated in this agreement, Party B shall pay RmB500, 000 as compensation for breach of contract. In case that the compensation for breach of contract is not sufficient to compensate for the losses of Party A, Party A has the right to claim against Party B for the insufficiency.

  5.2乙方违反保密协议,甲方有权采取包括扣款、停止支付货款、取消供应商资格、依法追究所有损失等一切合法行动维护甲方的所有权益。

  If Party B violates this non-disclosure agreement, Party A has the right to take all legal actions including deducting payment, suspending payment, cancelling supplier qualification, legally claiming for all the losses etc. to defend all the rights and interests of Party A.

  6、特别条款 Special Provisions

  6.1对于甲方专用物料(如塑胶外壳,五金外壳,按键,镜片,电池,触摸屏,耳机,充电器,数据线、彩盒、说明书、手提袋、广告制品等,),乙方应妥善管理,不得以任何形式外流至假货市场或其它损害甲方利益的场所。如查证物料确实从乙方处外流,乙方应向甲方支付每次伍拾万圆人民币的违约金;情节严重者,甲方有权利不予支付乙方未付货款并取消乙方的供应商资格,同时追究乙方法律责任。

  Party B shall properly keep the special materials of Party A (e.g. plastic casing, hardware casing, key, lens, battery, touch screen, earphone, charger, data cable, color dispenser, product manual, handbag and advertising product), and shall not have them flow into false product market or other places harmful to Party A. If it is verified that materials have flown out from Party B, Party B shall pay Party A RmB500,000 for each outflow as compensation for breach of contract; in case of serious outflow, Party A has the right to make no payment for the paid balance of Party B and cancel the qualification of Party B as a supplier, and Party B shall be investigated for legal responsibility.

  6.2 对于上述甲方专用物料,乙方不得以何形式提供给其他个人(甲方样品阶段乙方提供给甲方工程师签样除外)。如甲方查证物料确实从乙方流出,乙方应向甲方支付每次伍万圆人民币的违约金,情节严重者,甲方有权利取消乙方的供应商资格。

  Party B shall not provide the abovementioned special materials of Party A to any inpiduals in any form (At sample phase of Party A, the sample provided by Party B to engineer of Party A for approval is excluded.). If the materials are proven to be outflow from Party B, Party B shall pay Party A RmB50, 000 for each outflow as compensation for breach of contract; in case of serious outflow, Party A has the right to cancel the qualification of Party B as a supplier.

  7、一般条款 General Provisions

  7.1本协议若有版本升级,则新版本协议签订后旧版本自动解除。

  In case of any agreement upgrade, the old version of agreement shall be automatically terminated as long as the new version of agreement is signed.

  7.2本协议一式两份,甲乙双方各执一份,自双方签章后生效。

  This agreement is made in duplicate. Party A and Party B shall hold one original each. The agreement will come into force at signature and seal of both parties.

  7.3本协议之解释、效力、履行及其他未尽事宜均依中华人民共和国法律为准,任何关于本协议产生的争议,由双方协商解决,协商不成的,双方同意任何一方均向甲方所在地人民法院起诉。

  This agreement is construed in accordance with, enforced pursuant to and governed by laws of the People’s Republic of China. Any dispute arising from this agreement shall be settled through consultations. In case no agreement reached by the two parties, the case in dispute shall then be submitted to the local people’s court in the location of Party A.

英文合同 篇六

  Employment Contract

  甲方(用人单位):

  Party A:

  地址:

  法定代表人:

  乙方(劳动者):

  Party B:

  身份证号码:

  ID No:

  住址:

  依照《中华人民共和国劳动法》有关规定,结合本公司实际,甲乙双方本着平等、自愿、协商一致的原则达成如下协议

  According to the Labor Law of PRC China, Party A and Party B agree as follows:

  一、合同期限 Contract Period

  本合同期______年__ 月 __日起至______年 ___月___日或本合同约定终止条件出现时止。

  This agreement is valid from (Y/M/D) until (Y/M/D) or terminated by either party

  二、工作内容和工作时间 Responsibility & working hours

  1. 甲方聘请乙方担任 部门 职务,详见职务说明书。

  Party B's Department: Party B's position:

  Please refer to the job description for details.

  2. 乙方须完成甲方安排的生产(工作)任务

  Party B must accomplish his/her regular work and additional assignments on time

  3. 每天工作8小时,每周工作共40小时。

  There are 8 working hours a day, 40 working hours a week.

  4. 甲方如因业务拓展变化需要对乙方的工作岗位及工作区域进行调整,乙方应当接受。如因甲方公司业务扩展需要或公司合并分立等变更,乙方同意按照法律规定延续此合同,并接受甲方安排,在____(某地区)工作。

  If Party A needed to adjust Party B’s position and working area for business development variety, Party B should accept it.

  三、工资 Salary

  乙方每月的基本工资:RMB 绩效工资:RMB 综合福利金:RMB ,工资总额为RMB 元(该金额尚未扣除税金、住房费用以及社会保险中个人应缴的部份),另甲方予以乙方工资总额7%的住房公积金(如法律规定住房公积金缴交基数有上限,则依照法规执行)。试用期满,经考核后,根据考核结果确定是否正式录用,正式录用后薪金保持不变。甲方将视公司的盈利情况和乙方的考核结果,于每年的三月份进行薪金调整。

  Party B's monthly total revenue (before the deduction of tax, housing fund, social insurance paid by inpidual) each month would be RMB______ , including base wage RMB______ performance salary RMB_______and social welfare RMB______, And Party A will offer Party B 7% housing fund base on the total revenue, or any upper limit set by the local authority, whichever is the lower. After probation total revenue would be unchanged. Party B's salary will be reviewed annually in March and adjusted in light of Party B's performance and prevailing conditions.

  四、工资的发放 Payment

  甲方于每月_____日前通过银行转帐支付发放上月工资。

  Salary will be paid to Party B's account by T/T before the ____th of the following month.

  五、超时工作 Over Time

  乙方应致力于提高工作效率,按时完成生产、工作任务。如因特殊情况需要加班,可自行安排。如乙方希望通过自行安排加班取得加班费,则乙方必须在加班前四小时填写加班申请表呈总经理审批。否则,视为无效加班,详见《员工手册》。

  Party B must try his best to increase the working efficiency to meet Party A's requirement. If there are special circumstances that Party B has to work overtime, Party B can arrange by themselves. If Party B requests OT payment, he/she must fill in the OT application form and have it approved by GM. OT Application Form without authorized signature is not valid.

  六、加班费 OT Compensation

  乙方经甲方批准在工作日加班,甲方必须支付给乙方基本工资150%的报酬;休息日被安排工作而甲方又不能够给予乙方同等时间的补休,则甲方须支付给乙方基本工资200%的报酬;若在国家法定休假日被安排工作,甲方付给乙方基本工资300%的报酬。

  If Party B works over time and has approved by Party A, he/she will be offered the same period of compensation leave or OT salary according to Labor Law of PRC China.

  七、假期与福利 Holiday & Benefits

  1. 有薪国家法定假日 Statutory Holiday of PRC China with pay

  2. 有薪婚假/产假/丧假 Leave for Marriage, Maternity and Mourning with pay.

  3. 有薪年假 Annual leave with pay

  4. 社会保险 Social Insurance

  5. 年度奖金Annual bonus (based on the months worked with party A at the rate of one month’s wage for each full year worked. )

  详情请参照《员工手册》Please refer to Party A's employee manual for detail info.

  八、劳动纪律 Discipline

  乙方应严格遵守甲方制定的各项规章制度和劳动纪律(详请请参照《员工手册》执行)

  Party B shall strictly obey Party A’ regulations and discipline. Please refer to Party A's employee manual.

  九、保密协议 Confidentiality

  乙方需严格保守工作过程中接触和了解到的公司商业秘密(包括生产技巧、工艺流程、技术秘密、管理方法、产销策略、货源情报、设计图纸、成本价格和客户资料),否则将受到行政处罚(如无条件解雇、赔偿等);触犯刑法的,甲方将有权移交司法机关处理。乙方调离甲方,应得到甲方同意,并将所有商业秘密资料移交甲方,同时承担不向外泄露的义务,并保证半年内不得利用甲方商业秘密在生产同类且与甲方有竞争关系的产品的其他企业内任职。否则,甲方有权要求乙方赔偿因此而带来的一切经济损失。

  The recipient shall undertake the obligation to keep confidential, in accordance with the scope and duration agreed upon by both parties, the technical secrets contained in the technology provided by the supplier, which have not been made public.

  十、合同终止 Termination

  1. 终止本合同条件 Termination conditions

  A. 试用期间,双方皆可即时通知对方解除本合同;

  During the probation period, either side can terminate the contract by immediate effect.

  B. 试用期满后,任何一方欲解除合同,须提前三十日以书面形式通知对方。否则,违约方须向守约方支付违约金(违约金为乙方一个月的工资),若造成守约方经济损失的,应依法承担赔偿责任。

  Either side can terminate the contract by giving 30 days notice in written form after probation period.

  2. 甲方在下列情况下可随时直接地通知乙方解除本合同,无须履行任何法定义务和手续,无须向乙方补偿If any case of the following circumstances, Party A has the right to inform Party B rescission of the contract:

  A. 乙方在试用期间达不到甲方的要求;Party B’s performance can’t meet Party A’s requirement.

  B. 乙方严重失职,给甲方利益造成重大损失的;

  The other party has breached the contract, to the extent that such breach has seriously affected the economic benefits expected when concluding the contract

  C. 违反甲方有关规定,应予开除的,详情请参照《员工手册》执行。The condition agreed on in the Party A's employee manual for rescission of the contract has arisen

  3. 乙方在下列情况下终止本合同不需向甲方补偿

  If any one of the following circumstances, Party B has the right of inform Party A rescission of the contract without any compensation:

  A. 被非法限制人身自由的手段强迫劳动的;

  Party B is forced to work by illegal means.

  B. 未按本合同约定支付劳动报酬或劳动条件的;

  Party B cannot get the salary or working conditions which agreed in the contract.

  十一、甲、乙双方须共同遵守国家有关法规以及甲方《员工手册》的有关规定。

  Both Party A and Party B shall obey the related regulation of PRC China and Party A's employee manual.

  十二、本合同自甲方盖章、乙方签署之日起生效。

  This contract shall come into effect since both sides sign their names.

  十三、本合同以中文版本为准,合同一式二份,甲、乙双方各执一份。

  N.B. In case of pergence, the Chinese texts shall be regarded as authentic. Two originals, one for Party A, the other one for Party B.

  甲、乙双方签署同意以上条款The above terms is agreed by:

  甲方(Party A): 签署日期(Date):

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