外资企业劳动合同(中英文)(2)

时间:2021-08-31

  this contract shall be terminated automatically if party B is accused by criminal charge.

  3.未经甲方书面同意,乙方不得在外兼职,也不能在任何情况下使用或准许他人使用其为甲方工作期间所获得的任何信息,包括但不限于,泄漏任何技术,市场或财务文件或信息给第三方。任意此类违反将被视为严重违反合同,一经发现,乙方应向甲方支付违约金50,000元人民币。如造成甲方的经济损失,乙方应当承担赔偿责任。

  Without the writing approval by party A, party B shall neither have a part time job outside at the same time nor in any form use or permit any person to use any information obtained during the period of its working for party A, including but not limited to, divulging or leaking any technical, market or financial documents or information to any third party. any disobey shall be considered as the serious breach of the contract. once found out, party B shall pay a penalty fee, amounting to 50,000 yuan to party A. if such breach causes the losses of party A, party B shall bear all liability for compensation.

  4.对于甲方为了业务需要给予乙方的预支款,一般情况下,乙方应在预支后的十个工作日内提供甲方要求的结算凭证,返还剩余预支款,与甲方完成结算;无论如何,该预支款应在预支后一个月内结算完毕。

  As to the advance granted by party A to party B for the business needs, in the normal case, party B shall provide invoices or bills for settlement required by party A, refund the remainder and complete the settlement with party A within ten working days from the date of the granting; in any event, such advance shall be settled in one month from the date of the granting.

  第八条 合同的解除 article 8 terminate of the contract

  1. 符合下列情况之一(除了第四项),甲方可以无需事先通知乙方解除本合同:

  If any following situation (exclusive of item 4) occurs, party A has the right to terminate the contract without the notice in advance;

  (1)在试用期内,甲方可无条件辞退乙方;

  During the probation, party A may dismiss party B without any reason at any time;

  (2)甲方认为乙方因严重违反劳动纪律或规章制度的;

  Party A thinks that party B seriously violates the working discipline and stipulations;

  (3) 乙方严重失职、营私舞弊、泄露重要商业信息;

  Party B has serious neglect of duty,jobbery or leak out of important business information;

  (4) 甲方认为乙方工作表现及能力不能达到本合同第二条第一款的要求;

  Party A thinks that party B’s work performance and ability cannot meet the requirements under article 2 item 1 hereunder;

  (5) 如果乙方严重违反最新<<员工手册>>及其他不时制定的规章制度。

  If party B seriously violates any rules or regulations set out in the latest version of “labor handbook” and internal rules stipulated from time to time.

  2. 符合下列情况之一的,甲方不得解除本合同,但本合同第八条第一款规定和法律法规规定的情况除外。

  If any following situation occurs, party A has no right to terminate the contract, but except the situation set out in article 8 item 1 and laws and regulations.

  (1) 乙方因病或非因工负伤在规定的医疗期内。

  If party B is sick or injured, party A has no right to terminate the contract during the treatment or convalescence period.

  (2) 实行计划生育的乙方(指女方)在孕期、产期和哺乳期间。

  During the period of the pregnant, giving birth and lactation of party B who abide by the birth control regulation of prc.

  3. 乙方提出辞职的。应提前以书面形式向甲方提出申请。未经甲方书面批准,乙方不得辞职。甲方只有在每年下述两个时期对乙方辞职申请进行答复。该两个时期为每年五月至六月(针对去年十一月至当年四月提出的申请),十一月至十二月(针对当年五月至当年十月提出的申请)。 在甲方批准乙方的辞职,乙方将工作项目与甲方交接后,并将所使用的所有仪器、工具以完好,清洁,功能正常的状态返还给甲方后,方可办理解除或终止合同的手续,但是前提是乙方还应自甲方接受其辞职后根据甲方要求,继续为甲方工作二个月,除非甲方放弃该权利。该二个月期满后,双方劳动关系最终解除或终止,乙方所享有的所有待遇如工资都即刻终止,其放弃提出任何经济要求。如果乙方不按照上述规定办理离职手续,在劳动关系正式解除前未经甲方同意即停止工作或不办理交接,即视乙方放弃所有根据法律和合同其享有的权利和待遇,如休假、任何补偿金等,甲方也不再对乙方负有任何责任,并有权追究其违约责任。

  If party B wants to resign, she should provide party A with a written application in advance. without the written approval, party B is not allowed to resign the job. party A only makes a reply in response to party B’s application of resignation during the following two periods, which is the period from may to june and the period from november to december each year, respectively. the reply during the period from may to jun each year is made for the application provided in the period from november last year to april this year. the reply during the period from november to december each year is made for the application provided in the period from may to october this year. after party A approves, in writing, the resignation, party B handed over the works it is responsible for to party A and delivered all working tools used by party B in complete, clean, and good condition back to party A, party B can be allowed to go through the procedure of terminating the contract, provided however that per requirements of party A, party B shall continue working for party A for two months as from the date of the acceptance by party A of his resignation, unless party A waives the right of such requirement. when such two months expires, the contract is formally terminated, any claim and right enjoyed or had by party B, such as income claims, shall be deemed as termination or expiration. party B gives up all rights of any claims against party A. if party B fails to handle the procedure of resignation stipulated above, stop working for party A or reject handing over his works to party A without the consent of party A before the formal termination of labor contract, such activities of party B shall be deemed as the waive of any right and claims party B enjoys or provides according to the labor contract and laws, such as holidays and severance payment in all kinds, and therefore party A has no any liability to party B and has the right to take action against it.