employment contract(中英文双语劳动合同).doc

DATED THIS_OF 20132013年_月_日BETWEENFill in pleaseFill in please AND 与Fill in please请输入 EMPLOYMENT AGREEMENT 劳动合同 TABLE OF CONTENT 目录1.TERM OF AGREEMENT 合同期限42.POSITION & JOB DESCRIPTION 岗位与职责描述53.REMUNERATION 工作薪酬及其他54.WORKING HOURS 工作时间75.WORKING LOCATION 工作地点86.PAID LEAVE ENTITLEMENT 带薪休假87.COMPANY PROPERTY 公司财物98.REPRESENTATION AND WARRANTY OF THE EMPLOYEE 员工陈述与保证109.EXCLUSIVE EMPLOYMENT 全职工作1010.CONFIDENTIALITY 保密条款1111.COVENANT NOT TO COMPETE 竞业禁止1212.NON-SOLICITATION OF NOMINUM EMPLOYEES 不劝诱员工1213.NO BRIBERY 禁止行贿1214.INTELLECTUAL PROPERTY 知识产权1315.LABOUR DISCIPLINE 劳动纪律1316.LABOUR PROTECTION AND WORKING CONDITIONS 劳动保护和工作条件1417.TERMINATION 合同终止1518.SEVERANCE FEE 经济补偿金1619.NOTICES 通知与联系1620.VARIATIONS 合同变更1821.ENTIRE AGREEMENT 合同完整性1822.ASSIGNABILITY 可转让性1823.ASSOCIATED COMPANY 关联公司1924.LANGUAGE 语言1925.DISPUTE RESOLUTION 争议解决1926.GOVERNING LAW 适用法律1927.MISCELLANEOUS 其他19THIS EMPLOYMENT AGREEMENT (THE “AGREEMENT”) IS ENTERED BY THE FOLLOWING TWO PARTIES: 本劳动合同（以下简称“合同”）由下述双方签署：Party A: Fill in please (the “Company”)甲方：Fill in please (“公司”) Address: Fill in please 住所：Fill in pleaseParty B: Fill in please (the “Employee”)乙方：Fill in please( “员工”) ID card Number/Passport Number: Fill in please身份证号码/护照号码：请输入身份证号码/护照号码Address: Room Fill in please 居住地址：请输入居住地址 Contact Number: Fill in please联系电话：请输入联系电话WHEREAS, the Company is a limited liability company duly incorporated in accordance with the laws of the Peoples Republic of China; and having its registered office at Room2201B, 22F, Tower C, Yintai Center, No.2 Jianguomenwai Avenue, Beijing, China.鉴于，本公司是一家依据中华人民共和国法律设立的、注册地址在北京市朝阳区建国门外大街2号银泰中心C座2201B室。WHEREAS, the Employee is a Chinese citizen, specialized in consultancy in higher education;鉴于：该员工为中国国籍，拥有高等教育专业咨询领域的专长；WHEREAS, The Employee wishes to perform the work described in the Terms of Reference below, and Company wishes to hire the Employee to perform such work;鉴于，员工同意并且希望按本合同下述条款为公司提供服务、公司建立劳动关系；公司亦同意聘用员工作为正式雇员；NOW THEREFORE, the Company and the Employee, on the basis of their equal and self-willing negotiation, agree to enter into this Agreement and establish the employment relationship in accordance with the Employment Agreement Law of the Peoples Republic of China and other relevant laws and regulations. 因此，公司和员工本着协商一致的原则，根据 中华人民共和国劳动合同法及其他相关法律法规同意签署该劳动合同、建立劳动关系。1. TERM OF AGREEMENT 合同期限1.1 The parties agree that the term of this Agreement will be an indefinite period of time, starting from Fill in please, without probation period.本合同期限为无固定期限合同，从请输入劳动合同开始时间开始。2. POSITION & JOB DESCRIPTION 岗位与职责描述2.1 According to the requirement of the Companys operation and business, the Company hereby engages the Employee as Senior Consultant with such duties, authority and responsibilities as are normally associated with and appropriate for such positions. The Employee hereby agrees to accept this position. The Employee will report to the person as designated by the Company.根据公司业务要求，公司聘任员工担任高级咨询顾问，员工同意接受公司的聘任。员工直接向公司指定人员汇报工作。2.2 The Company hires the Employee to perform work in accordance with the job description contained in Exhibit A to this Agreement. The Employee shall perform the work as described in Exhibit A. 公司可根据本合同附件的职责描述安排员工工作，员工按照附件中的职责描述履行工作职责。2.3 In addition, or as an alternative to Employees normal duties, the Employee may at any time and from time to time be required to undertake on a temporary or permanent basis other duties within any department of the Company that are reasonably consistent with Employees position and within Employees capabilities as the needs of the Company's business may require.除了员工的日常职责外，公司因为业务需要、在符合员工职位和能力的前提下，可随时要求员工承担公司其他部门的临时性或长期性的工作。2.4 Notwithstanding the foregoing, the Company may adjust the Employees position or job description based on the operation and business of the Company and professional abilities, performance and physical condition of the Employee. The Employee shall accept the Companys adjustment(s).尽管有前述约定，但根据公司业务和运营情况，考虑员工的业务能力、工作表现和身体情况后，公司可对员工职位或工作职责进行调整。员工应接受公司的相应调整。2.5 The Employee is not authorised to bind the Company or its parent company, or any of its related entities (“Associated Company”) or enter into, on behalf of the Company or any of its Associated Company, any contracts, deeds, agreements, assignments or other legal documents and papers that create legal obligations and liabilities on the part of the Company or any Associated Company, including but not limited to Agreement for the sale or provision of services or products, lease agreements, loans or other forms of borrowing on behalf of the Company or any Associated Company.员工无权代表公司、公司的母公司或关联方签订任何有法律约束力的合同、契约、协议、委派书等法律文件。这些法律文件包括但不限于员工以公司或公司关联方名义签署的销售协议、 服务和货物服务协议、租赁协议、贷款或其他形式的借款协议等。3. REMUNERATION 工作薪酬及其他3.1 Its agreed by both parties that the pre-tax, gross annual base salary is Fill in please which shall paid to the designated bank account as instructed by the Employer. Any exchange rate (if applicable) shall be subject to the middle rate as announced by the State Administration of Foreign Exchange () on the day for payment of the salary. In case there are any special arrangements with regard to the currency of payment, way of payment, frequency of payment and designated payment account, etc, both parties may agree separately in the form of annex.员工的税前年工资为请输入工资数额及币种，由公司发放至指定账户。如涉及到汇率问题，汇率以发放工资当天中国国家外管局公布的人民币中间价（）为准。如双方对于支付的币种、方式、时间及指定支付的账户等有特别约定的，另行以附件方式确定。3.2 he Company may also, at it sole discretion decide whether to pay a bonus to the Employee in accordance with the Companys bonus policy, as amended from time to time, and according to the PRC regulations or the Companys internal procedures.公司也可以根据其不时修订之奖金制度、国家法规或公司的内部程序自行决定奖 金发放事宜。3.3 The Employee shall pay the individual income tax in accordance with applicable laws and regulations. The Company shall be obliged to withhold the individual income tax for the Employee and declare to the competent tax authority on his behalf. 员工应根据税法规定缴纳个人所得税。公司负责从员工工资中扣除个人所得税并予申报、缴纳。3.4 Both Parties agree that Employee shall check the accuracy of the paid remuneration including without limitation to base salary, bonus, overtime payment etc. by the Company in timely manner. Should there is any dispute over the amount of remuneration paid by the Company, the Employee shall notify the Company with 3 business days in written without any delay. Otherwise it shall be deemed that all the due and payable remuneration has been settled properly.双方约定：员工对于公司支付的薪酬，包括工资、奖金、加班费等应当及时进行核查。员工对前述支付有异议时，应自收到该等支付后3个工作日内以书面方式向公司提出；逾期未提出异议的，视为应付薪酬已全部结清。3.5 The Employee agrees to honour the Companys policy and keep strict confidential of any salary information. 员工同意遵守公司实行的工资保密原则，对工资信息承担严格的保密义务。3.6 The Company shall be entitled to make a rateable deduction from Employees salary for items including without limitation to, time lost through accident, default or other absence, debt to the Company, cost of Company property not returned on termination of employment, economic loss caused by the Employee to the Company due to his/her negligence of job or violation of the Agreement, and others where authorised by any laws and regulations. 对于因乙方事假缺勤、欠付公司款项、未归还公司物品、因失职或违约给公司造成损失，以及其他法定事项，公司有权从员工的工资报酬中做相应的扣除。3.7 The Company shall contribute the mandatory social security & housing fund to the Employee in accordance with applicable laws and regulations. 公司应根据相关法律为员工缴纳社会保险和住房公积金等法定福利。3.8 The Employee shall not receive any compensation, benefits or payments from the Company in addition to the compensation, benefits or payments described in this Agreement (including its exhibit) unless otherwise specified in relevant national and local laws and regulations, or determined by the Company, in its sole discretion.除本合同（含其附件）所述的报酬、福利和付款以外，员工无权从公司获得其它补偿、福利和付款，除非根据国家和地区相关法律法规的另行规定，或公司自行决定。4. WORKING HOURS 工作时间4.1 The standard office hours are from 9:00 a.m. to 6:00 p.m. with one hour off for lunch between 1:00 p.m. and 2:00 p.m. Mondays to Fridays, or such other times as the Company may from time to time stipulate. 标准工作期间为每周一至周五自早9点至晚6:00点，其中1:00 p.m. 至2:00 p.m.为午餐时间；或者公司另行规定的其他工作时间。4.2 Notwithstanding the foregoing, the both Parties agree that, when the local government authorities adopts measures to avoid traffic jams during peak hours or special event, or where the Company deems necessary due to production and operation, the Company may temporarily change the working hours at its sole discretion. 在当地政府采取避峰措施或有特殊事件安排、或公司因生产经营需要时，公司均可自行决定临时性、阶段性地调整工作时间。4.3 If required by the operation and business, the Company may arrange the Employee to work overtime. The Employee shall observe the Companys requirement and fulfil the relevant approval procedures for working overtime in accordance with the Companys relevant policy. For the Employee who works overtime and follows the relevant approval procedures for working overtime, the Company shall pay corresponding remuneration or provide compensatory leave in accordance with the applicable laws.如因业务需要，公司可安排员工加班。员工应按照公司的要求履行加班审批手续后方可进行加班。加班的员工应按照加班小时数获得公司依法律规定标准支付的加班费或安排倒休。4.4 The Employee undertakes to use reasonable endeavours to ensure that he is available at such times outside normal business hours on reasonable notice to provide such additional work as the Company may require.员工承诺尽最大努力、确保在正常的工作时间之外，经公司合理提前通知后可以履行公司要求的加班职责。4.5 However, notwithstanding the foregoing, the Employee may, on voluntary basis, work outside these normal hours on Saturday, Sunday or holiday as well as work on night shift without addition remuneration in order to meet the requirements for business and for the proper performance of his duties.尽管有前述约定，但员工可以在正常的工作时间之外自愿加班，即在周末、假期以及夜间轮班工作，以符合业务需要或完成个人业绩。公司不为自愿加班支付薪酬。5. WORKING LOCATION 工作地点5.1 The Employees place of work will initially be Fill in please.员工的工作地点在请输入工作地点。6. PAID LEAVE ENTITLEMENT 带薪休假6.1 The Employee is entitled to days off on Chinese Public Holidays as stipulated in the Regulation on Public Holidays for National Annual Festivals and Memorial Days which takes into effect on 1st Jan.2008.员工有权按照2008年1月1日生效的全国年节及纪念日放假办法享受法定假日休假权利。6.2 The Employee is entitled to paid leave per annum in accordance with the Regulations of Paid Annual Leave of Employees which takes into effect on 1st Jan.2008 and other relevant regulations. Such leave is to be taken at such times as the Company considers most convenient having regard to the requirement of the Companys business. Notwithstanding the foregoing, its acknowledged and agreed by both Parties that the paid leave of the Employee under this Agreement is 5 days per year.员工有权按照2008年1月1日生效的职工带薪年休假条例及相关法规的规定享受带薪年假。年假应由公司根据其业务需求，在方便、可行的时间安排进行。尽管有前述约定，双方一致知悉并同意，就员工在本合同有效期内的带薪年假可按照与公司另行达成的书面协议加以确定（该等带薪年假天数不应低于法律规定的最低天数）。6.3 For paid leave, the payment shall be based on the Employees current basic rate of salary. Leave entitlement for the first and last calendar year may be taken on a pro rata basis depending on the number of days worked. 带薪年假期间的报酬应按照员工当前的基本工资标准支付。在员工入职及离职的当年度可享受的带薪年假天数应按根据员工当年工作天数、按比例计算得出。 6.4 The Employee is entitled to accumulate up to one year of his/her untaken leave to the following year. Other than that, all untaken leave shall be regarded as from the Employees application(s) for personal reasons unless evidenced by the Companys prior written confirmation. Furthermore, the Employee hereby applies, and the Company hereby approves that, the Employee needs not to submit written letter(s) to the Company in terms of above application(s). Upon termination of the employment relationship, all untaken leave shall be paid by cash in amount of the product of Employees current basic salary rate with the due multiplier or be offset by arrangement of de facto use.员工当年未休之年假仅可以累积至下一年度。除此之外，所有未经公司事先书面确认的未休年假应被认为是由于员工个人原因而申请不予安排。即，对于超出累积年度仍未书面提出休年假，视为员工已事先书面通知公司因个人原因放弃休假而无须再另行提起书面申请。员工离职时，所有未休年假均应依法律规定由公司按照员工当前的工资标准的法定倍数支付现金或实际安排休假予以补足。7. COMPANY PROPERTY 公司财物7.1 On request and in any event on termination of Employees employment for any reason the Employee is required to return to the Company all company property including, if applicable, any company car, company credit or charge cards, Employees security pass, all keys, computer hardware and related equipment, Blackberry (or company provided cell phone), and software including discs and all documents in whatever form (including notes and minutes of meetings, customer lists, diaries and address books, computer printouts, plans, emails, projections) together with all copies (irrespective of by whom and in what circumstances such copies were made) which are in Employees possession, under Employees control or which were made by Employee.劳动合同不论以何种原因终止，员工均应按照公司要求返还所有公司财物，包括但不限于下述（如有）：公司汽车、公司信用卡或借记卡、员工通行证、钥匙、电脑硬件、软件（磁盘等）、以及不论以何种形式存储的、由员工占用、占有或由其制作的文件（包括记录、会议纪要、客户名单、日记、地址簿、电脑打印件、计划、邮件、项目书）以及他们的副本、复印件（不论副本、复印件是何人所制，所制何用）。 7.2 If the Employee has any information relating to the Company or any Associated Company or work the Employee has carried out for the Company or any Associated Company which is stored on a computer or laptop computer which computer or lap top does not belong to the Company, this must be disclosed to the Company and the Company shall be entitled to download the information and/or supervise its deletion from the computer or laptop concerned.如果员工在非公司所有的台式电脑、手提电脑中存储了与公司、公司关联方、或工作相关的信息，员工必须向公司披露该情形。公司有权下载该信息或监督员工从台式电脑、手提电脑中将该等信息删除。7.3 After the return of property to the Company pursuant to this Clause, the Employee shall not retain any copies of materials or information (including hard and soft copies thereof) relating to the business or affairs of any Associated Company. The Employee shall at the request of the Company deliver to the Vice President of Human Resources or his/her designee a signed statement confirming his/her compliance with the provisions of this Clause.员工根据本条规定归还公司财物之后，不应再留有与公司或公司关联方业务有关的材料或信息的副本、复印件（包括硬件和软件存储）。员工应按照公司的要求，向公司人力资源副总载或其指定人员递交书面声明确认已经达到本条款的要求。8. REPRESENTATION AND WARRANTY OF THE EMPLOYEE 员工陈述与保证8.1 The Employee represents and warrants to the Company that the performance of Employees duties pursuant to the Employees engagement will not violate any agreements with or trade secrets of any other person or entity. 员工向公司保证其履行本劳动合同项下的工作职责不会与其他个人或机构的协议发生冲突、亦不会泄露其他方商业秘密。8.2 The Employee further warrants that any notice period the Employee is required to give or to serve with a previous employer has expired and that by entering into this Agreement or performing any of Employees duties for the Company, the Employee