What is the labor contract management system? Model Labor Contract Enterprise Labor Contract Management System Chapter I General Provisions Article 1 (Purpose) This system is formulated in accordance with the Labor Law of the People's Republic of China and relevant laws and regulations, in combination with the actual situation of the company, in order to standardize the management of labor contracts of the company, promote the performance of labor contracts according to law, and protect the legitimate rights and interests of the company and employees. Article 2 (Scope of application) All employees who work in the company and sign labor contracts with the company. Implement the labor contract system. Whether the company's management personnel or ordinary employees, all employees must be familiar with the labor contract management system, and adjust, stabilize and harmonize the company's labor relations according to the labor contract management system. Article 3 (Management responsibilities) The labor and personnel department of the company is responsible for the management of labor contracts of the company. Its main responsibilities include: 1. Carefully study and implement the laws, regulations and policies related to labor contracts; 2. To go through the formalities for the conclusion, renewal, change, dissolution and termination of labor contracts in accordance with this system; 3. Strengthen the basic work of labor contract, implement dynamic management, and promote the standardization and standardization of labor contract management. Chapter II Conclusion of Labor Contracts Article 4 (Contract Text) A labor contract shall be concluded in writing. The company follows the principle of fairness and impartiality and provides the labor contract text. The labor contract is in duplicate, one for the company and one for the employee. Article 5 (Right to know) In the process of contracting, employees can understand the company's rules and regulations, labor conditions, labor remuneration and other information related to the provision of labor; When recruiting, the company can understand the health status, education background, professional knowledge and work skills of employees and other information related to the job application, and both parties should truthfully explain. Article 6 (Contract terms) According to the Labor Law, the Company's labor contract has the following necessary terms: (1) the term of the labor contract; （2） Work content; （3） Labor protection and working conditions; （4） Labor remuneration; （5） Labor discipline; （6） Conditions for termination of the labor contract; （7） Liability for breach of labor contract. At the same time, according to the actual situation of the company, negotiate and agree on other terms such as service period and keeping trade secrets. Article 7 (Term of Contract) The term of the Company's labor contract is one to three years, which is determined through consultation according to different positions and qualifications. Upon the expiration of the labor contract, both parties can renew the labor contract through consultation. Article 8 (Probation Period) The Company has agreed on a probation period in the labor contract. The probation period is two months before the performance of a one-year contract, three months before the performance of a two-year contract, and six months before the performance of a three-year contract. Article 9 (Service Period) The Company shall agree on a service period of three to five years for employees who enjoy special treatment provided by the Company, such as recruitment, training, study abroad, housing subsidies and other special treatment. Employees should follow the principle of good faith and strictly abide by the service period, otherwise they will be liable for breach of contract. Article 10 (Confidentiality) The Company shall stipulate the confidentiality responsibility for the technical information and business information that must be kept confidential. For employees who are responsible for keeping company secrets, if they want to terminate their labor contracts, they should notify the company in writing six months in advance; Or, within a certain period after the termination of the labor contract, the company shall not operate businesses competing with the company on its own or for others, for which the company will give employees 20% - 40% of their salary income as economic compensation within a certain period. Article 11 (Liquidated Damages) Employees who violate the service period and keep business secrets shall be liable for breach of contract. The Company will investigate the liability for breach of contract in the form of liquidated damages. In case of violation of the agreement on the service period, the liquidated damages shall be reduced according to the value of the special treatment provided by the company and the proportion of the working period; In case of breach of confidentiality agreement, the liquidated damages shall be borne according to the amount agreed in advance, but if the agreed liquidated damages are lower than the actual losses, compensation shall be made according to the actual losses. Chapter III Performance of Labor Contract Article 12 (Effective Performance) The labor contract shall come into force as of the starting date of the contract term. Article 13 (Change of contract) If the company and employees think it is necessary, they can modify, supplement and repeal some clauses of the original labor contract in written form upon consensus. Neither party shall make any change at will. If the negotiation fails, the labor contract shall continue to be performed. Article 14 (Termination of contract) Due to changes in objective conditions and legal or agreed reasons, the company and employees may not assume the rights and obligations agreed in the contract within a certain period of time. If the contract expires during the termination period, the contract is terminated. Article 15 (Termination of Contract) 1. Termination through negotiation. During the performance of the labor contract, when both the company and the employee think it is unnecessary to continue to perform the contract, no matter who first proposes to terminate the contract, the labor contract can be terminated as long as an agreement is reached, but the employee will not make economic compensation if he or she voluntarily proposes. 2. Dissolution of the Company. The Company may terminate the labor contract at any time due to the employee's non fault reasons (expiration of suspension of medical treatment, incompetence) and major changes in the objective situation, and may also terminate the labor contract at any time due to the employee's fault (failure to meet employment conditions, serious violations of discipline). 3. Employee termination. When an employee proposes to terminate the labor contract, he/she shall notify the company 30 days in advance. During the probation period or when the company does violate the rules and fails to perform the agreed conditions, he/she can terminate the labor contract at any time. Article 16 (Termination of the Contract) A labor contract may be terminated when it expires, the subject of the labor contract loses its qualification, or it is objectively unable to perform the contract. Article 17 (Contract extension) According to the provisions of laws and regulations, the company will not terminate the labor contract until the end of these situations during the period when special protection should be provided to employees (during the medical shutdown period, and the "three periods" for female workers). Chapter IV Economic Compensation and Liability for Breach of Contract Article 18 (Economic Compensation) According to relevant laws and regulations, the company will give economic compensation to the following employees who terminate or terminate labor contracts: 1. The company proposes to terminate labor contracts through mutual agreement; 2. The employee proposes to terminate the labor contract due to the company's violations; 3. The employee is still incompetent after training or job adjustment; 4. The employee is unable to engage in the original work or arrange another work after the medical suspension period expires; 5. The original contract cannot be performed and cannot be changed by consensus due to major changes in the company's objective conditions (production change, relocation, technological transformation, merger, division, etc.), or the company really needs to lay off employees according to law. Article 19 (Compensation standard) 1. Payment standard. According to the length of service of the employee in the company, a compensation equivalent to one month's wage income will be given for each full year. For employees who cannot work normally after the medical treatment period expires, a medical subsidy equivalent to six months' wage income will be given. 2. Calculation criteria. The monthly wage income of compensation and medical subsidy shall be calculated as the average wage income of the employee in the 12 months before the termination of the labor contract. Article 20 (Legal liability) If the labor contract is invalid or partially invalid due to subjective fault, which causes damage to the other party, it shall be liable for compensation; Those who violate the labor contract shall bear the corresponding responsibility, and those who cause economic losses to the other party shall bear the liability for compensation. Article 21 (Labor dispute) In case of any dispute arising from the difference between the company and its employees over labor rights and obligations, the dispute shall be settled through negotiation, mediation, arbitration and even litigation in accordance with the provisions of the Labor Law. Chapter V Labor Contract Management Article 22 (System Management) Publicly express the management system within the company, and carry out publicity and education, regular supervision and inspection. The company insists on using this system to standardize the company's labor contract management behavior and ensure the full performance of the labor contract. Article 23 (Operation Practice) The Company shall handle the signing, renewal, change, dissolution and termination of labor contracts according to the following operating procedures and written procedures: 1. Conclusion. The Company shall enter into a written labor contract with the employee from the date of recruitment, and submit it to the labor administrative department of the government for authentication according to regulations. Each party holds one copy of the labor contract. 2. Release. If the company cancels the labor contract with an employee, it shall issue the Notice of Cancellation of Labor Contract, specify the time for the cancellation of labor contract, and deliver it to the employee. 3. Renewal. When the labor contract expires, if the company agrees to renew the labor contract with the employee, it shall deliver the Notice of Intent to Renew the Labor Contract to the employee within 30 days before the expiration of the labor contract, and go through the renewal procedures after negotiation. 4. Postponed. At the expiration of the labor contract, if the conditions for extension of the contract period are met, the company can extend the labor contract period unless the employee requests not to extend it. The Company shall record in writing the extension of the term of the labor contract. 5. Termination. If the company or employee terminates the labor contract upon the expiration of the labor contract, they shall deliver the Notice of Termination of Labor Contract to the employee before the expiration of the labor contract, specifying the time of termination. Article 24 (Management Account) The Company shall establish and improve the management account, record the labor employment status of the Company and the basic information of employees, reflect the changes in labor relations, and ensure the implementation of dynamic management. 1. Labor contract basic information ledger (general ledger); 2. Account for signing, changing, dissolving and terminating labor contracts (individual subsidiary account); 3. Employee training record account (induction training, job transfer training, capital contribution training); 4. Employee attendance statistics account (working hours, leave, overtime, etc.); 5. Employee medical period management account (medical items, downtime medical time); 6. Other special agreement accounts (such as special or supplementary agreements for agreed service period and keeping trade secrets). Article 25 (Others) 1. In case of any conflict between this system and the relevant national laws, regulations, rules and normative documents, it will be revised in a timely manner. 2. All employees should be familiar with this system and fully and correctly implement it, so as to safeguard the legitimate rights and interests of the company and employees, and promote and improve labor productivity. 3. This system shall be implemented from MM/DD/YYYY. The above is what the lawyer has sorted out about the labor contract management system. I hope it will be helpful to everyone.