加拿大华人论坛 加拿大留学移民12页的劳动合同翻译件

在加拿大

花了一个多月时间翻译了一份长达12页的合同，发上来与大家共享，也请大虾批评指正：

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回复: 12页的劳动合同翻译件封面：[FONT=宋体][/FONT]Highly secret document[FONT=宋体][/FONT]​​Number of employee:_ ×××××××××__​​Name of Employee:_ ×××××××× ____​​Owned company:_ _ ××××××××____​​​ LABOR​CONTRACT​

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回复: 12页的劳动合同翻译件第二页：目录Directory​ Index Page Chapter One: Term of contract, Probation period and Conditions of employment 4 Chapter Two: Work content, Post and Performing place 4 Chapter Three: Remuneration of Labor 5 Chapter Four: Social insurance and Welfare 6 Chapter Five: Labor protection/Working conditions/Protective for occupational hazards 6 Chapter Six: Labor Discipline 6 Chapter Seven: Working hours and Vacation 6 Chapter Eight: Confidential agreement and Restrictions on competition 7 Chapter Nine: Termination of, Changes to, Renewal and Dissolution of Labor contract 8 Chapter Ten: Liability for breaking the contract 10 Chapter Eleven: Disputes and solution 10 Chapter Twelve: Others 11

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回复: 12页的劳动合同翻译件第三页：This labor contract (hereinafter referred to shortly as”the contract”) was signed on×××××××× in ×××××, People's Republic of China (hereinafter referred to shortly as “China”) by the following two parties: Party A: ×××××××××××××××××××××××××××× Legal representative: ××××××××××× Address: ××××××××××××××××××××××××××××××××××××× Postal code: ××××××××××××××××× Party B: ×××××× Sex:×××××× Education Degree: ×××××× Date of Birth:×××××× Number of Identity card:×××××××××××××××××× Address of the “hukou”: ×××××××××××××××××××××××××××××××××××××××××× Mailing address: ×××××××××××××××××××××××××××××××××××× Postal code: ×××××× (Following unilateral party called "Party", both parties involved called "Parties") In accordance with the Labor Law of the People’s Republic of China, the Labor Contract Law of the People’s Republic of China and other Laws and regulations concerned (hereinafter referred to shortly as "Chinese law"), Party A and Party B agree, through consultations and on the basis of equality and free will, to conclude this contract for both parties to abide by according to the principle of cordiality and credit. Parties agreed hereby that Party A employed Party B as a full-time employee, and the labor relation of between parties is bound by Chinese law, by Employee Handbook which is stored in Human Resources of Party A and amended by Party A from time to time, and such other duties as Party A may. Party B confirms follows hereby: i. Be a worker who has reached the legal age of employment, and has no other labor relations with any parties; ii. Has read and understand all rules and regulations of Party A prior to the signing of this contract; iii. It doesn’t break any promises and be in the breach of legal obligations of Party B that is in the hire of Party A under the contract; iv. Party A has fully informed Party B of the basic Situations, including but not limited to: job content, condition and location, occupational hazards, safety conditions, salary for labor, etc. Party B has fully inquired of Party A about unknown things and other situations need to known, and has been fully informed things concerned; v. Party B established the labor relation with Party A, signed the contract on the basis of true and free will by himself/herself. Except for other written promises between parties, the valid term of employment is from the date of signing and performing to the date of the expiry of the contract; If the contract is canceled or terminated, the valid term of employment is from the date of re-signing and performing to the date of the expiry of the contract. Chapter One: Term of contract, Probation period and Conditions of employment​ 1.1 Contract period

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回复: 12页的劳动合同翻译件第四页：(a) The contract is a fixed-term contract. Fixed period: From ×××××× to ×××××× ,( Period of ××× years), the probation period from ×××××× to ×××××× (Period of six months).(b) The contract terminates when it is expires, except that it could be renewed or canceled through Chapter nine. 1.1 Probation period(a) During the probation period, Party A will perform a performance review on Party B, and decide whether to formally hire Party B based on Party B's work performance and capability. (b) Party A is entitled to terminate the contract under the article 9.4(a) of the contract if Party B doesn’t meet the employment conditions. Chapter Two: Work content, post and performing place​ 2.1 Work content, post and performing place(a) Party A employs Party B as××××××××××××××××××××××××××××××××××××. Work place is mainly in ××××××××××××××××××××××××××××××××××××. The principal duties of Party B will be confirmed by both parties under the other document. Party B can be arranged to travel on official business according to the actual work needs.(b) According to the work content and the request, Party B fulfills the post responsibility earnestly, completes the work mission on time, and observes rules and regulations which Party A formulates legally. 2.2 Post adjustmentParty B hereby confirms and agrees that:During the contract term, Party A may adjust Party B’s post/content/place according to the actual production needs or his/her work performances and capabilities.Party A arranges the post of Party B according to the actual production needs or his/her work capabilities. Party A is entitled to make post adjustment accordingly if incompetence on the part B is found, and arrange training for Party B whether retaining or leaving his/her post. Then Party B’s salary will be reasonably modified according to the new post. Party B should submit the written document to the Human Resources Department within three days if he/she don’t agree to the adjustment of Party A. Party A will be under consideration according to work needs and his/her actual situation. Party B should comply with the decision of post adjustment by Party A before the decision is updated. Chapter Three: Remuneration of Labor​ 3.1 Composition of remuneration(a) During performance of the contract, Party B’s salary is composed of fixed wage and performance bonuses, fully including various subsidies and allowances following regulations of P.R.C, and involving Overtime wages which Party B work overtime according to the actual production needs whether on working day, off-days or on legal holidays. The highest performance bonus paid no more than 20% of Party B’s total remuneration. Party B agrees that the pay and the payment number of performance bonuses are defined by Party A according company’s operation status and Party B’s performance.(b) Salary of Probation period:In the probation period, Party A shall pay Party B’s pre-tax remuneration of Defined in the Salary

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回复: 12页的劳动合同翻译件第五页：Agreement RMB per month maximum.(a) Salary after Probation period: Defined in the Salary Agreement(b) Either in the probation period or after that, in the case of normal performance, Part B’s salary shall not be lower than the minimum standard proclaimed by the government for that current year. 3.1 Method and time of labor payMonthly pay is applied. Party A shall pay Party B salary of the previous month in RMB when the end of each month. 3.2 Lawful deductions from wagesParty B understands that Party A is entitled to deduct Party B’s wages in the case meeting the statute, such as that Party B's personal income tax shall be withheld by Party A; Party B's personal social insurance costs shall be borne by Party B himself, and shall be withheld by Party A; such as the other costs deducted from wages of Party B under laws and regulations. 3.3 Salary adjustmentParty B hereby confirms and agrees that: Party A is entitled to make salary adjustment according to the post/location adjustment of Party B, or his/her work performances, according to the actual production needs of Party A, according to the consumer Price Index of this city, etc. However, in the case of normal performance, Part B’s salary shall not be lower than the minimum standard proclaimed by the government for that current year. 3.4 Holiday payDefined in rules and regulations of Party A 3.5 Idle time payIf Party A is a stoppage more than one month not because of Party B, Party B’s remuneration of Labor will be paid under the standard of the government. If the standard of the government is indefinite, or it’s authorized to consult by parties, Party B’s remuneration of labor will be paid in line with the minimum standard proclaimed by the government. 3.6 Salary censorshipParty A shall pay/adjust Party B’s remuneration of labor according to the law. If Party B disagrees about this, he/she shall submit the written document to the Human Resources Department within one month after the current- month payment of remuneration. If it isn’t proposed on time, it’s considered that Party B received the remuneration of labor, no objection. Party B himself/herself shall undertake all loss caused of it. Chapter Four: Social insurance and Welfare​ 4.1 Social insurance and Housing accumulation fundParties shall pay pension/ basic medical/unemployment/housing public accumulation funds/other social insurance in accordance with relevant provisions of Chinese law. According to Chinese law, Party B's personal social insurance costs shall be withheld by Party A and be paid to agency-in-charge. 4.2 Welfare

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回复: 12页的劳动合同翻译件第六页：Party B enjoys other welfares defined by rules and regulations of Party A. Chapter Five: Labor protection/Working conditions/Protective for occupational hazards​ 5.1 Party A provides for Party B with labor conditions ,occupational safety and health conditions conforming to the provisions of Chinese government. Of course, Party A also provides Party B with necessary labor protection products, ensures that staffs work in a safe environment which is no harm. Chapter Six: Labor discipline​ 6.1 Labor discipline(a) Party B shall read carefully, understand and observe various legal provisions of the government and all rules/disciplines lawfully formulated by Party A; Party B must strictly abide by rules of safe operation in the process of their work. Party B shall take care of property of Party A. Party B shall comply with professional ethics and keep trade secrets. Party B shall participate actively in training provided by Party A.(b) Party B shall find out rules and regulations on his/her own initiative, and comply with them actively, which are issued through written announcement, e-mail, or local area network of the company. Party B shall abide by orders or directions of Party A, and obey assignment. Party B shall fulfill the labor tasks in accordance with the requirements of Party A. 6.2 Publicity of rules and regulationsRules and regulations of Party A can be established legally. Party B shall carry out follow them. They shall be publicized legally. Publicity mode including but not limited to the following: publicized through local area network of the company; printed and distributed in writing; publicized in Bulletin Boards; disseminated in training meetings; send out by E-mail or written documents; signed through Staff Congresses; etc. 6.3 Disciplinary actionParty A may render punishment to Party B for his violation to rules and regulations of Party A in accordance with relevant provisions of the company until the contract is terminated. Besides, Party A shall have the right to require compensation from Party B under provisions of Chinese law if any economic loss be caused by Party B. Chapter Seven: Working hours and Vacation​ 7.1 Work timeAccording to the nature of the industry Party A belongs and the post Party B holds, Party B works according to system ×××××× as listed below: (One) Standard work hour system; (Two) Irregular work hour system; (Three) Comprehensive work hour system.The following time is not included in work time: in the dining, in the washing, during breaks from work, preparation before work, clearing up and transferring at the end of work. Party B’s working hour and related benefits arrangement by the Employer if the Employer gets the approval from the Labor Administration Department for executing the special work hour system.

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回复: 12页的劳动合同翻译件第七页：7.1 Overtime approvalIf Party B, working according to system (Two) as above, works overtime according to the actual production needs, he/she shall submit a written application to Party A in advance. Overtime workings is counted after the agreement of Party A, and then, Party A shall pay overtime wages to Party B or arrange the other vacation for Party B according to rules and regulations of Party A and Chinese laws. 7.2 Rest and VacationExecuted in accordance with laws and regulations of locality and nation, and according to rules and regulations of Party A. 7.3 Work attendanceThe system of work attendance is decided by Party A. Party A pays remuneration of labor according to attendance record of Party B which is saved through the form of electronic documents or other forms. If Party B thought that the attendance record was inconsistent with the actual attendance, he/she should submit a written document and other proofs to Department of Human Resources before the 15th next month. If Party B failed to submit relevant proofs on time, Party A could deal with it according by the attendance record. Party B must undertake its loss it caused. Chapter Eight: Confidential agreement and Restrictions on competition​ 8.1 Obligation of confidentialityDuring performance of the contract or expiration/dissolution/termination of the contract, Party B is obliged to take proper measures to keep the know-how and related Technical Documentation strictly confidential (hereinafter referred to shortly as “Confidential Information”) from any Related Parties. If Party B doesn’t fulfill his/her obligations under this contract, he/she shall be regarded as a staff that violated labor discipline seriously, he/she must undertake all responsibilities, including but not limited to termination of contract or compensate of loss. Here, Related Parties are defined as companies, organizations or individuals, controlling Party A or controlled by Party A. Here, controlling is defined to whom which owns more than 50% shares of the company, or rights to decide the company's financial and rights to decide the company's operating. 8.2 Confidential information of Party A including but not limited as bellows:(a) Technical information;(b) Business information, including but not limited as bellows: products, services, technical secrets, contracts, business plans, prices, customer cases, client lists, accounting, processes, the number of transporting cargo and bills produced by Party A, etc.(c) Other documents, including but not limited as bellows: business information/operation information/ technical information relating to Party A’s benefits, such as: marketing plans, accounting financial statements, pricing programs, allocation schemes, structures, databases, technical specifications, technical reports, test reports, operation manuals, technical files, important management methods and related correspondences etc.(d) Other information, which Party A is obliged to take proper measures to keep confidential, even which doesn’t belong to Party A, including but not limited to the confidential information of suppliers, clients and associated enterprises. Confidential information above could be in physical, chemical, biological, electronic, or any other forms,

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回复: 12页的劳动合同翻译件第八页：8.1 such as documents, books, letters, drawings, reports, disks, films, slides, photos, tapes and burn CD etc. 8.2 Restrictions on competition(a) During performance of the contract, Party B isn’t allowed to take part in any activities directly or indirectly, that is a conflict of interest with Party A and related parties, or that is competition in the market with Party A and related parties.(b) Party B here agrees, Party A has the right to decide Party B whether to take part in any activities directly or indirectly, that is a conflict of interest with Party A and related parties, or that is competition in the market with Party A and related parties. If Party A chooses to do that, Party B shall be noticed the deadline of restrictions on competition (This obligation of confidentiality shall survive the termination of this Contract for a period of two years), another agreement of restrictions on competition shall be signed individually. If Party B fulfills the obligation, Party A shall pay economic compensation to Party B in the light of effective internal rules and regulations or relevant laws and regulations.(c) If Party B breaks the rules of restrictions on competition, he/she shall undertake its loss it caused and pay economic compensation to Party A under the agreement of restrictions on competition. Chapter Nine: Termination of, Changes to, Renewal and Dissolution of Labor contract​ 9.1 Change of Labor ContractThe related contents of the contact can be changed, when legislations and regulations are changed, or both Parties are agreed. 9.2 Renewal of Labor ContractThe contract can be renewed under an agreement of Parties when expiration of the contract. If Party A intends to continue employing Party B, Party B shall make a written response within 3 working days when Party A brought employment intention. The following actions of Party B are treated as disagreement of signing continued contract: no any written response within 3 working days, no acceptation of the renewal conditions, or delay of completing the formalities. If Party B intends to continue working for Party A, he/she shall submit a written application within one month before the expiration of the contract. If the written application couldn’t be submitted, it would be treated that Party B doesn’t intend to continue being employed. 9.3 Dissolution of Labor contract through mutual consultationThe contract can be dissolved under an agreement of Parties. 9.4 Dissolution of Labor contract immediatelyParty A is entitled to terminate this Labor Contract and notify Party B in writing at any time upon the occurrence of any one of the following circumstances:(a) Party B is not qualified to requirement by Party A during the probationary periods.(b) Party B severely violates any of Party A’s rules or disciplines, including but not limited the followings: (i) Party B’s statements are untrue or misleading; (ii) Party B violates internal regulations or procedures; (iii) Dishonest or fraudulent(including theft); (iv) Not obeying the job placement or adjustment of the company; (v) Alcoholism or drug during work; (vi) Forging or fabricating any certificates;

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回复: 12页的劳动合同翻译件第九页： (i) Fighting or scuffling; (ii) Threatening, abusing or treating clients and colleagues roughly; (iii) Being a breach of confidentiality obligations; (iv) There are facts and behaviors conflicting with Party A’s benefits; (v) Party B is in administrative punishment, such as: security detention, labor reeducation, etc; (vi) Being a breach of integrity responsibilities which should be faithful to Party A; (vii) Without Party A’s written document, Party B allowes others to use the account and the password of the company(including but not limited Business and Personnel) (viii) Being a breach of discipline of Employee Handbook and other rules and regulations.(b) Party B neglects duty or commits jobbery and causes great loss to Party A. The standard of great loss is defined by Party A’s employee handbook or other rules and regulations.(c) Party B persuade Party A to sign or change Labor Contract by fraudulent or coercionary means, which is contrary to Party A’s true will.(d) Party B establishes other labor relations with other employers at the same time.(e) Party B is arrested, be the subject of an indictment, or charged with any crime or unlawful act.(f) Other circumstances specified by laws and administrative regulations. 9.1 Notice of termination(a) This contract may be terminated by Party A on 30 days’ prior written notice or additional payment of wages to Party B, at any time upon the occurrence of any one of the following circumstances: (i) Party B is unable to take up his original work or any new work arranged by Party A after the completion of the medical treatment for illness or injury not suffered at work; (ii) Party B is incompetent for the work and stays so even after training or position adjustment; (iii) No agreement on modification of the employment contract can be reached though consultation by the parties involved when the objective conditions (including but not limited that Party A relocates residence, is merged, transfers assets, adjusts organizations or strategies) taken as the basis for the conclusion of the contract have greatly changed so that the original employment contract can no longer be carried out. 9.2 Termination restrictions of Party A In any of the following events, Party A can’t unilaterally terminate the contract according to Article 9.5:(a) Party B is incapacitated for illness or injury from performing the duties and is in the medical treatment term;(b) Party B is in illness or injury but not performing the duties and is in the medical treatment term;(c) Party B is incapacitated for illness or injury from performing the duties in this company.(d) Party B is woman who observes birth control policy is in the period of pregnancy, confinement or lactation;(e) Party B works continuously in this company for 15 years, and it’s less than 5 years to statutory retirement.(f) Other circumstances according the law of the government. 9.3 Termination restrictions of Party B(a) This contract may be terminated by Party B on 3 days’ prior written notice to Party A during the probation periods;(b) A failure to ensure Party B’s safety. A failure to pay Party B as agreed upon hereinThis contract may be terminated by Party B without prior notice upon the following cases: Party A forces Party B to perform labor through force, threat or illegal restriction on Party B's personal

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回复: 12页的劳动合同翻译件第十页：(a) freedom; Party A gives illegal directives and forces dangerous operations, which endanger Party B’s personal safety. Party B shall submit a written paper to Party A within 24 hours after dissolution of the labor relation, otherwise, he/she shall undertake its liability it caused.(b) In addition to the above events, this contract may be terminated by Party B on 30 days’ prior written notice to Party A, and Party A shall not be obliged to compensate the damage to Party B. 9.1 Termination of the contractThis contract of employment shall automatically terminate upon the occurrence of any of the following events:(a) This contract has expired but both parties do not have it renewed according to Article 9.2;(b) Party B's retirement, severance or death;(c) Party A has been declared bankrupt, dissolved or revoked in accordance with law;(d) Other circumstances specified by laws and regulations. 9.2 Process of termination or dissolution(a) If termination or dissolution of the contract, Party B must do the following immediately, unless otherwise agreement by Parties: (i) Stop all activities on behalf of Party A, and complete unfinished business in accordance with Party A’s request; (ii) Hand over all work on behalf of Party A completely and exhaustively; (iii) Office supplies obtained from Party A must be returned to Party A, including but not limited to these: copies, documents, electronic documents, files, confidential information, equipments, other complete properties of good condition. Party B may not take these articles or any properties away from Party A’s office, unless Party A’s written consent.(b) If Party B couldn’t return Party A documents and properties that belongs to Party A, including copies and electronic documents; If Party B couldn’t compensate Party A for loss Party B caused, Party A is entitled to deduct equivalent money payable to Party B, and take appropriate measures to safeguard the lawful rights and interests.(c) Party A shall pay economic compensation to Party B according to relevant laws and regulations after Party B hand over all work and properties under the terms, only when Party A must compensate Party B for termination or dissolution of the contract accordance with Chinese laws and relevant regulations. Chapter Ten: Liability for breaking the contract​ 10.1 Legal responsibility of Party A and Party BParty B shall compensate Party A for dissolution of the contract and for Party B’s contract violation. 10.2 Legal responsibility of Party B(a) Due to Party B’s fault, if breaching the contract to damage Party A, The damage should be compensated by Party B accordance with Chinese laws and relevant regulations.(b) Due to Party B’s fault, if breaching Chapter eight of the contract to damage Party A, Party A is entitled to penalize Party B and ask he/she to undertake its loss it caused accordance with Chinese laws and relevant regulations.(c) Where Party B breaches the contract, he/she shall pay Party A compensation to make up the following economic losses: (i) The fees of hiring Party B;

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回复: 12页的劳动合同翻译件第十一页： (i) The fees of training Party B, which is arranged by Party A and outside the company, unless the other agreement consulted by Parties. (ii) The economic losses direct related to work or operation of Party A. Chapter Eleven: Disputes and solution​ 11.1 Friendly consultationsShould any dispute occur during performance of the contract[FONT=宋体]，[/FONT]either party hereto may refer to seek for a settlement through friendly consultations. 11.2 ArbitrationIf consultation is fail, either party may apply to the labor dispute mediation committee for mediation, or apply directly to the labor dispute mediation committee where Party A registered for arbitration within 1 year of the date the labor dispute takes place; If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to People's Court where Party A registered within 15 days of the date of receiving the ruling of arbitration. Chapter Twelve: Others​ 12.1 Contract into effectThe contract was written in Chinese, made in Triplicate, two for Party A, one for Party B, and comes into force immediately after signing or seals of Parties. It isn’t in the custody of Party A which shall be retained by Party B. 12.2 Additional conventionsThe related supplemental agreement and Job Description Manual are the part of the contract, and have the equivalent legal effect with other terms of this contract.Parties here promise that all information, recorded in the contract, is true and effective. Either parties shall promptly notify any changes. Party B shall bear the duty in jural if false information was submitted. Party B here confirms and ensures that communication address, recorded in the contract, is effective and unique. Mail, sent by Party A, can be received safely, opened and read completely by Party B. Here, Party B confirms and agrees that any documents, sent to this address, weather registered mail or postal express pieces, will be considered delivery. Party B is obliged to notify Party A in written when communication address is changed within 3 workdays of changes, if not, Party B will bear the negative consequences it caused. Party A may send documents under original address before receiving notification of changes. 12.3 Matters not mentioned hereinFor matters not covered by this contract, if this contract comes into conflict with the existing Chinese Law or regulations, the existing Chinese Law or regulations shall prevail. If this contract comes into conflict with provincial laws, regulations and policies, provincial laws, regulations and policies shall prevail. If any term of this contract comes into conflict with Chinese Law, it shall not affect the validities of other terms.

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回复: 12页的劳动合同翻译件第十二页：Party A: ×××××××××××××××××× Party B: ××××××××× Legal representative(or Agent): Signature/Date: Signature/Date: ××××××××× Official Seal of ××××××××× Attach here a copy of Identity card Party B declares and promises: Signature and ID card above-mentioned are true, lawful and valid. Party A can terminate the contract immediately and no any financial compensation if above information is a bit of false or breach of the law. Party B will compensate Party A and undertake its liability it caused. Party B totally understands the company's wages distribution system under the article 3.1 of the contract, and hereby declares that he/she agrees to participate in the evaluation system according the business operating status and Party B's work performance to get pre-tax performance bonuses per month. Confirmed signature of Party B /Date: ××××××××× ------------------------------------------------------------------------------------------------------------------- Declaration of Witness I am a witness of the facts as below:I witness that the contract was signed voluntarily by the staff ×××× on ××××××××. I witness the signature is true and correct.If the staff’s signature is wrong or false, the company can ascertain where the responsibility lies and punish the witness for serious violations of rules and regulations, or for serious dereliction of duty. The witness must undertake its loss it caused. I confirm that I received a labor contract Witness: ××××××××× Position: ID. Card No.: ××××××××× Date:

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回复: 12页的劳动合同翻译件强

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test 超赞 赏 yuantangling 0$(VIP 0) 2,2382011-09-26#15 回复: 12页的劳动合同翻译件感谢！

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2008撤案91，227北京-1111, 2010-4-30投妥, 2010-11-26FN，2010-7-7日4句IP，无背调，2012.2.21 ME，同日变IP5句。2013.1.28贴签证。2013.2.6DM。2013.2.9短登温哥华。2013.5.12长登多伦多。2014.3找到本专业工作，移民终于成功了！ 超赞 赏 假马的马夹 0$(VIP 0) 3,8722011-09-26#16 回复: 12页的劳动合同翻译件不用每条都翻译的，只要把你的工作期限和工作职责等翻译了，其他部分给个简介就可以了吧。我的就是这样的。

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回复: 12页的劳动合同翻译件强呀，谢谢！谢

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回复: 12页的劳动合同翻译件不用每条都翻译的，只要把你的工作期限和工作职责等翻译了，其他部分给个简介就可以了吧。我的就是这样的。点击展开... 没错.

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回复: 12页的劳动合同翻译件不过还是鼓励一下LZ, 毕竟花了这么长时间翻译...

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回复: 12页的劳动合同翻译件不用每条都翻译的，只要把你的工作期限和工作职责等翻译了，其他部分给个简介就可以了吧。我的就是这样的。点击展开... 一开始也是这样想的，后来发现断章取义不太好，于是全部翻译了。

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