一键复制
随着法律观念的日渐普及，我们用到合同的地方越来越多，正常情况下，签订合同必须经过规定的方式。怎样写合同才更能起到其作用呢？合同应该怎么制定呢？下面是我给大家整理的合同范本，欢迎大家阅读分享借鉴，希望对大家能够有所帮助。
劳动局劳动合同备案篇一
地址：
性质：
法定代表人（委托代理人）：
乙方（劳动者）姓名：
性别：
出生年月：
家庭住址：
居民身份证号码：
湖南省劳动和社会保障厅印制
甲乙双方根据《中华人民共和国劳动法》等法律、法规、规章的规定，在平等自愿、协商一致的基础上，同意订立本劳动合同，共同遵守本合同所列条款。
第一条甲、乙双方选择以下第种形式确定本合同期限：
（一）有固定期限：自年月日起至年月日止。
（二）无固定期限：自年月日起至法定的或本合同所约定的终止条件出现时止。
（三）以完成一定的工作（任务）为期限。自年月日至工作（任务）完成时即行终止。
其中试用期自年月日至年月日止，期限为天。
第二条根据甲方工作需要，乙方同意从事岗位（工种）工作。经甲、乙双方协商同意，可以变更工作岗位（工种）。
第三条乙方应按照甲方的要求，按时完成规定的工作数量，达到规定的质量标准。
第四条乙方实行工时制。
（一）实行标准工时工作制的，甲方安排乙方每日工作时间不超过八小时，每周不超过四十小时。甲方由于工作需要，经与工会和乙方协商后可以延长工作时间，一般每日不得超过一小时，因特殊原因需要延长工作时间的，在保障乙方身体健康的条件下延长工作时间每日不得超过三小时，每月不得超过三十六小时。
（二）实行综合计算工时工作制的，平均每日工作时间不得超过8小时，平均每周工作时间不得超过40小时。
（三）实行不定时工作制的，工作时间和休息休假乙方自行安排。
第五条甲方延长乙方工作时间的，应依法安排乙方同等时间补休或支付加班加点工资。
第六条乙方在合同期内享受国家规定的各项休息、休假的权利，甲方应保证乙方每周至少休息一天。
第七条甲方应严格执行国家和地方有关劳动保护的法律、法规和规章，为乙方提供必要的劳动条件和劳动工具，建立健全生产工艺流程，制定操作规程、工作规范和劳动安全卫生制度及其标准。
第八条对乙方从事接触职业病危害的作业的，甲方应按国家有关规定组织上岗前和离岗时的职业健康检查，在合同期内应定期对乙方进行职业健康检查。
第九条甲方有义务负责对乙方进行政治思想、职业道德、业务技术、劳动安全卫生及有关规章制度的教育和培训。
第十条乙方有权拒绝甲方的违章指挥，对甲方及其管理人员漠视乙方安全健康的行为，有权提出批评并向有关部门检举控告。
第十一条乙方试用期的工资标准为元/月。（试用期间工资不得低于本单位同工种、同岗位职工工资的80%）。
第十二条乙方试用期满后，甲方应根据本单位的工资制度，确定乙方实行以下第种工资形式：
（一）计时工资。乙方的工资由以下几部分组成：、、、；其标准分别为元/月、元/月、元/月、元/月。如甲方的工资制度发生变化或乙方的工作岗位变动，按新的工资标准确定。
（二）计件工资。甲方应制定科学合理的劳动定额标准，计件单价约定为元。
（三）其他工资形式。具体约定可在本合同第四十五条中明确。
第十三条甲方应以法定货币形式按月支付乙方工资，发薪日为每月日，不得克扣或无故拖欠。甲方支付乙方的工资，应不违反国家有关最低工资的规定。
第十四条甲方安排乙方延长日工作时间，应支付不低于乙方工资150%的工资报酬；安排乙方在休息日工作又不能安排补休的，应支付不低于乙方工资200%的工资报酬；安排乙方在法定休假日工作的，应支付不低于乙方工资300%的工资报酬。
第十五条非因乙方原因造成甲方停工、停产、歇业，未超过一个月的，甲方应按本合同约定的工资标准支付乙方工资；超过一个月，未安排乙方工作的，甲方应按不低于当地失业保险标准支付乙方停工生活费。
第十六条甲方安排乙方每日22时到次日6时期间工作的，每个工作日夜班补贴为元。
第十七条乙方依法享受年休假、探亲假、丧假等假期期间，甲方应按国家和地方有关规定的标准，或劳动合同约定的标准，支付乙方工资。
第十八条甲方应按国家和地方有关社会保险的法律、法规和政策规定为乙方缴纳基本养老、基本医疗、失业、工伤、生育保险费用；社会保险费个人缴纳部分，甲方可从乙方工资中代扣代缴。
甲乙双方解除、终止劳动合同时，甲方应按有关规定为乙方办理社会保险相关手续。
第十九条乙方患病或非因工负伤的医疗待遇按照国家和地方有关政策规定执行。
第二十条乙方工伤待遇按国家和地方有关政策法规执行。
第二十一条乙方在孕期、产期、哺乳期等各项待遇，按国家和地方有关生育保险政策规定执行。
第二十二条甲方为乙方提供以下福利待遇：
第二十三条甲方依法制定的各项规章制度应向乙方公示。
第二十四条乙方应严格遵守甲方制定的规章制度、完成劳动任务，提高职业技能，执行劳动安全卫生规程，遵守劳动纪律和职业道德。
第二十五条乙方违反劳动纪律，甲方可依据本单位规章制度，给予相应的行政处理、行政处分、经济处罚等，直至解除本合同。
第二十六条订立本合同所依据的客观情况发生重大变化，致使本合同无法履行的，经甲乙双方协商同意，可以变更本合同相关内容。
第二十七条经甲乙双方协商一致，本合同可以解除。
第二十八条乙方有下列情形之一，甲方可以解除本合同。
1、在试用期间，被证明不符合录用条件的；
2、严重违反劳动纪律或甲方规章制度的；
3、严重失职、营私舞弊，对甲方利益造成重大损害的；
4、被依法追究刑事责任或劳动教养的。
第二十九条下列情形之一，甲方可以解除本合同，但应提前三十日以书面形式通知乙方：
1、乙方患病或非因工负伤，医疗期满后，不能从事原工作也不能从事甲方另行安排的工作的；
2、乙方不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的；
3、双方不能依据本合同第二十六条规定就变更合同达成协议的。
第三十条甲方濒临破产进行法定整顿期间或者生产经营发生严重困难（地方政府规定的困难企业标准），经向工会或者全体职工说明情况，听取工会或者职工的意见，并向劳动保障行政部门报告后，可以解除本合同。
第三十一条乙方有下列情形之一，甲方不得依据本合同第二十九条、第三十条终止、解除本合同：
1、患职业病或因工负伤达到国家规定不得终止、解除劳动合同等级的；
2、患病或非因工负伤，在规定的医疗期内的；
3、女职工在孕期、产期、哺乳期内的；
4、复员退伍义务兵和建设征地农转工人员初次参加工作未满三年的；
5、义务服兵役期间的；
6、担任集体协商代表在履行代表职责的；
7、符合法律法规、规定其他情况的。
第三十二条有下列情形之一，乙方可以随时通知甲方解除本合同，甲方应当支付乙方相应的劳动报酬并依法缴纳社会保险。
1、在试用期内的；
2、甲方以暴力、威胁或者非法限制人身自由的手段强迫劳动的；
3、甲方不能按照本合同规定支付劳动报酬或者提供劳动条件的。
第三十三条乙方解除劳动合同，应当提前三十日以书面形式通知甲方。
第三十四条本合同到期，劳动合同即行终止。甲乙双方经协商同意，可以续订劳动合同。
第三十五条本合同期满后，双方仍存在劳动关系的，甲方应与乙方及时补签或续订劳动合同，双方就合同期限协商不一致时，补签或续订的合同期限应从签字之日起不得少于月。乙方符合续订无固定期限劳动合同条件的，甲方应与其签订无固定期限劳动合同。
第三十六条订立无固定期限劳动合同的，出现法定终止条件或甲乙双方约定的下列终止条件出现，本合同终止。
第三十七条甲方违反劳动合同的，应按下列标准支付乙方经济补偿金：
1、甲方克扣或者无故拖欠乙方工资的，以及拒不支付乙方延长工作时间工资报酬的，除在规定的时间内全额支付乙方工资报酬外，还需加发相当于工资报酬百分之二十五的经济补偿金。
2、甲方支付乙方的工资报酬低于当地最低工资标准的，要在补足低于标准部分的同时，另外支付相当于低于部分百分之二十五的经济补偿金。
第三十八条甲方解除乙方劳动合同，除本合同第二十八条规定情形外，甲方应按国家和地方有关规定支付乙方经济补偿金。
第三十九条甲方解除乙方劳动合同后，未按规定给予乙方经济补偿的，除全额发给经济补偿金外，还须按该经济补偿金数额的百分之五十支付额外经济补偿金。
第四十条乙方患病或者非因工负伤，经劳动能力鉴定委员会确认不能从事原工作，也不能从事甲方另行安排的工作而解除本合同的，甲方除按第三十八条执行外，还应发给乙方不低于六个月工资的医疗补助费（月工资标准按甲方正常生产情况下乙方解除合同前十二个月月平均工资计算，若乙方月平均工资低于企业月平均工资的，则按企业月平均工资标准执行）。患重病和绝症的还应增加医疗补助费，患重病的增加部分不低于医疗补助费的百分之五十，患绝症的增加部分不低于医疗补助费的百分之百。
第四十一条甲方发生故意拖延不与乙方续订劳动合同、与乙方订立无效劳动合同、违反规定或本合同约定侵害乙方合法权益以及解除劳动合同等情形之一的，给乙方造成损害，甲方应按下列规定赔偿乙方损失：
1、造成乙方工资收入损失的，按乙方应得工资收入支付给乙方，并加付应得工资收入25%的赔偿费用；
2、造成乙方劳动保护待遇损失的，应按国家规定补足乙方的劳动保护津贴和用品。
3、造成乙方工伤、医疗待遇损失的，除按国家规定为乙方提供工伤、医疗待遇外，还应支付乙方相当于医疗费用25%的赔偿费用；
4、乙方为女职工或未成年工，造成其身体健康损害的，除按国家规定提供治疗期间的医疗待遇外，还应支付相当于其医疗费用25%的赔偿费用；
第四十二条乙方违反规定或本合同的约定解除劳动合同，对甲方造成损失的，乙方应赔偿甲方下列损失：
1、甲方为其支付的培训费和招收录用费；
2、对生产、经营和工作造成的直接经济损失；
3、本合同约定的其他赔偿费用。
第四十三条当事人一方违反本合同时，应承担违约责任，向对方支付违约金
元。
第四十四条其他违约责任
第四十五条
第四十六条因履行本合同发生的劳动争议，当事人可以向本单位劳动争议调解委员会申请调解；不愿调解或调解不成，当事人一方要求仲裁的，应当自劳动争议发生之日起六十日内向劳动争议仲裁委员会申请仲裁。当事人一方也可以直接向劳动争议仲裁委员会申请仲裁，对仲裁裁决不服的，可以向人民法院提起诉讼。
第四十七条以下专项协议和规章制度作为本合同的附件，与本合同具有同等法律效力。
第四十八条本合同未尽事宜，双方可另协商解决；与今后国家法律、行政法规等有关规定相悖的，按有关规定执行。
第四十九条本合同一式两份，甲乙双方各执一份。
第五十条乙方确定下列地址为劳动关系管理相关文件、文书的送达地址。如以下地址发生变化，乙方应书面告知甲方。
（特别提示：以上条款内容甲乙双方在签署本合同前，均应事先仔细阅读，并详细了解本合同以及附件内容，双方签字后即行生效。）
甲方：（盖章）
法定代表人或（委托代理人）：（签名）年月日
乙方：（签名）年月日
鉴证机关：（盖章）鉴证人：（签章）
年月日
劳动局劳动合同备案篇二
是这样的，不管是老职工还是新职工，只要签订劳动合同必须到劳动局确认，这个是必须的！而且会给你盖章，这样才算数，不然都不会承认的，这个你公司这样做是不对的。
你们说我可以自己拿着合同去劳动局盖章吗？
这个是可以的，可是你公司同意吗？这个才是问题的关键。
上海这边订立劳动关系是公司（甲方）和劳动者（乙方），上面只要有甲乙双方的签字盖章就行了，法律上是承认的~~~
劳动合同只需劳动者与用人单位两边签字或许盖章即可收效，不必劳作局盖章也收效。
依据《劳动合同法》规则劳动合同的建立需求以下条件：用人单位和劳动者两边依法平等自愿协商一致，诚实信用、清晰无误地表达其实在意思。
劳动合同收效应符合下列条件：
首先，当事人有必要具有劳动权利能力和劳动行为能力即法令认可的资历和能力。依据我国劳东方法令的规则，劳动合同两边当事人一方的用人单位，有必要依照法令规则的程序注册挂号经审阅设立，才干获得合法的用工权利能力和行为能力。劳动合同当事人另一方即劳动者，有必要年满16周岁，且须符合劳动法令对劳动者特殊条件的规则。假如当事人不具备法定的主体资历，那么劳动合同不能收效。
第二，意思表明实在。劳动合同法清晰规则了签定劳动合同的基本原则之一即是“诚实信用”，这就请求当事人两边都有必要实在地表达自个的志愿而不能诈骗对方或许采纳办法使对方不能实在表达自个的志愿。假如有这么的状况发生，劳动合同不能收效且要承当相应的法令结果。
第三，不违反法令或社会公共利益。虽然劳动合同的内容，当事人两边都清晰无误地认可，可是，假如这些内容是不符合法令的规则，或许有些内容违背了社会公共道德或利益，那么，劳动合同也不能收效。
第四，劳动合同应当选用书面形式。用人单位和劳动者应当在劳动合同上签字、盖章。未签字或许非自己签字、没有本单位公章的劳动合同也归于不能收效的。
只要双方都签字了法律上都承认，如果不放心可以到你们当地劳动仲裁科去鉴定一下。
不需要。
劳动局劳动合同备案篇三
甲方(用人单位)名称：__________
法定代表人：__________
地址：__________
联系电话：_________
乙方(劳动者)姓名：__________
家庭住址：__________
居民身份证号码：__________
联系电话：__________
根据《中华人民共和国劳动法》和国家有关规定，甲乙双方遵循平等自愿、协商一致的原则订立本劳动合同。
一、劳动合同期限
甲、乙双方选择以下第___种形式确定劳动合同期限：
(一)有固定期限：自___年___月___日起至___年__月__日止。
(二)无固定期限：自___年__月__日起至____________止。
(三)以完成一定的工作任务为期限：自__年__月__日起至__________时止。
其中，试用期自___年__月__日至___年__月__日。
二、工作内容和工作时间
(四)根据甲方工作需要和任职要求，乙方同意在__________岗位上工作。经甲乙双方协商同意，可以变更工作岗位，双方签署的变更协议或者通知书作为本合同的附件。
(五)乙方应按照甲方的要求，按时完成规定的工作数量，达到规定的质量标准。
(六)乙方每日工作时间不超过8小时、平均每周工作时间不超过40小时。甲方应当保证乙方每周至少休息1日。
甲方因生产特点不能按照前款执行时，经劳动保障行政部门批准，可以实行综合计算工时或者不定时工作制。
三、劳动报酬和社会保险
(七)甲方根据本单位的工资制度，确定乙方正常工作时间工资执行以下第___种方式：
1.甲乙双方实行月(周、日、小时)工资制。乙方月(周、日、小时)工资为___元。试用期的工资为___元/月(周、日、小时)
2.甲乙双方实行计件工资制，计件单价为____元。
甲方提供食宿条件或者等同于提供食宿条件的，不得折算为乙方工资。
(八)甲方按月以货币形式支付乙方工资，每月___日前支付工资，并由乙方签字确认。
(九)甲乙双方实行周、日、小时工资制的，甲方应按双方约定的时间，以货币形式支付乙方工资，并由乙方签字确认。
四、劳动保护和劳动条件
(十)甲方为乙方提供符合有关劳动法律、法规和国家有关规定的劳动安全保护设施、劳动防护用品和其他劳动条件。甲方必须按照国家有关规定对女职工和未成年工实行特殊劳动保护。
(十一)甲方在乙方上岗前对乙方进行安全生产教育。在施工现场，甲方必须按照国家建筑施工安全生产的'规定，采取必要的安全措施。
(十二)甲方为乙方提供的宿舍、食堂、饮用水、洗浴、公厕等基本生活条件必须达到安全、卫生要求，其中建筑施工现场必须符合建筑施工现场环境与卫生标准。
(十三)用人单位应当将依法参加工伤保险的有关情况在本单位内公示。用人单位和职工应当预防工伤事故发生，避免和减少职业病危害。职工发生工伤时，用人单位应当采取措施使工伤职工得到及时救治。
五、劳动纪律
(十四)甲方依法制定的需要乙方遵守的劳动规章制度，应当在与乙方签订本劳动合同时告知乙方。
(十五)乙方自觉遵守有关劳动法律、法规和甲方依法制定的各项规章制度，严格遵守安全操作规程，服从管理，按时完成工作任务。
乙方对甲方违章、强令冒险作业有权拒绝;对危害生命安全和身体健康的劳动条件，有权提出批评、检举和控告。
六、劳动合同的解除和终止
(十六)甲乙双方单方面解除本合同，应符合《劳动法》第25条、第26条、第27条、第31条和第32条的规定。乙方有《劳动法》第29条规定情形的，甲方不得随意解除本合同。
(十七)劳动合同期满或者当事人约定的劳动合同终止条件出现，劳动合同即行终止。甲乙双方协商同意，可以续订劳动合同。
(十八)解除、终止劳动合同时，甲方应当依据有关法律法规等规定出具解除、终止劳动合同的证明书或者相关文件。
七、经济补偿与赔偿
(十九)甲方依法解除乙方劳动合同，应当支付乙方经济补偿金的，按照《劳动法》及有关规定执行。乙方根据《劳动法》第32条第(二)、(三)项规定解除本合同，甲方也应按照《劳动法》及有关规定执行。
(二十)甲方支付乙方的工资报酬低于施工地行政区域内最低工资标准的，要在补足低于标准部分的同时，依法支付赔偿金。
八、劳动争议处理
(二十一)甲、乙双方在履行本劳动合同时发生争议的，可先协商解决;不愿协商或者协商不成的，可在争议发生之日起60日内向当地(用人单位工商注册地或者施工地)劳动争议仲裁委员会申请仲裁。对仲裁裁决不服的，可以在15日内向当地人民法院提起诉讼。
九、其他约定
(二十二)甲、乙双方约定的其他内容如下：
(二十三)本劳动合同与国家法律法规及有关规定相违背的，依照国家法律法规及有关规定执行。
本劳动合同一式2份，甲乙双方各执1份。
本劳动合同自甲乙双方签字、盖章之日起生效。
甲方(公章)__________ 乙方(签字)__________
法定代表人或者
委托代理人签字__________
签字日期： 年 月 日 签字日期： 年 月 日
劳动局劳动合同备案篇四
使 用 说 明
一、用人单位（甲方）确定招用劳动者（乙方）后，需签订本合同明确双方的劳动权利和义务。乙方口头同意录用而不愿签订本合同的，甲方应作不同意招用处理；乙方同意签订合同而甲方招用30日以上不签订本合同并对乙方造成损害的，应承担赔偿责任。
二、双方在签订本合同前，应认真阅读本合同书。本合同一经签订，双方必须严格执行，合同范本《东莞市最新劳动合同》。
三、本合同必须由甲方的法定代表人（或者委托代理人）和乙方亲自签名或签章，并加盖用人单位公章（或者劳动合同专用章）方为有效。四、本合同中的空栏，由双方协商确定后填写，并不得违反法律、法规和相关规定。不需填写的空栏，划上“/”。
五、工时制度分为定时工作制、不定时工作制、综合计算工时工作制三种。实行不定时和综合计算工时制的，应经劳动保障部门批准。
六、本合同的未尽事宜，可另行签订补充协议，作为本合同的附件，与本合同一并履行。
七、本合同必须认真填写，字迹清楚，文字简练准确，并不得擅自涂改。
八、本合同（含附件）签订后，甲、乙双方各保管一份备查。
甲方（用人单位）： 乙方（职工）：
名称： 姓名：
法定代表人： 身份证号码：
地址： 现住址：
经济类型：
联系电话： 联系电话：
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》和国家、省等有关规定，遵循合法、公平、平等自愿、协商一致、诚实信用的原则，订立本劳动合同。
劳动局劳动合同备案篇五
甲方:
乙方:
甲方现委托
（以下简称乙方）承担监控系统工程。为明确甲、乙双方的权利、义务和经济责任，本着平等互利、等价有偿的原则，经过认真协商达成本协议。
一、工程概况
1、工程名称:
2、工程地点:
3、工程内容:
4、合同签订地：
二、双方的责任和义务
1、甲方负责提供整个工程的工程图纸、工区施工用电、用水；并提供施工现场专用的有安全防范措施的仓库，以保证乙方能如期完成工程工期。并按时对工程、施工及工程进度实施监控和验收，按时支付工程进度款。
2、乙方应按合同规定的时间、技术要求及时提供工程所需的设备材料，在保证工程质量和工程进度的前提下，完成设备的集成和安装调试工作。
三、工程的时间和进度
1、工期为自开工之日起至验收完毕，共30日。
2、如遇下列情况，乙方可顺延工期：
施工现场电源未接通，或障碍物未清除，影响施工；
因甲方签约时未曾说明的施工限制而影响进度；
甲方对双方签约认可的设计、配置提出改动而影响工程进度；
在安装调试中停电24小时以上或连续间歇性停电2天以上；
因甲方决策不及时而影响工程进度；
因甲方未按合同规定支付乙方有关款项而影响工程进度；
因不可抗力而延误工期。
3、工程中甲方对监控点进行增减，则由甲方向乙方出具工程联系单。
4、在实际施工过程中，根据具体情况，甲乙双方友好协商解决。
四、人力不可抗拒因素
如因战争、严重火灾、水灾、台风、地震和其他经甲乙双方认可的人力不可抗拒因素，导致工期延误，则工期顺延。在工程无法完成的情况下，由甲乙双方另行商定解决方法。
五、工程及工程量的变更
1、由于甲方原因，对工程中提出的修改项目，必须向乙方出具工程联系单，确认修改详细清单、工程量的变更和变更金额等事项。如甲方不出具工程联系单，乙方有权利要求甲方按照原设计方案施工。
2、由于乙方因设备停产、施工现场条件限制等原因对工程中提出的修改项目，必须向甲方出具工程联系单，确认修改详细清单、工程量的变更和变更金额等事项。如乙方不出具工程联系单，甲方有权利要求乙方按照原设计方案施工。
六、工程验收
1、甲方有权要求验收工程的部分或全部乙方所供设备，乙方应协助甲方的验收。
2、甲方按附件（视频监控系统价格清单）的设备配置验收乙方提供的设备，整体工程验收遵从附件（视频监控系统价格清单）商定之标准。
3、甲方在收到乙方系统安装调试完毕或工程完工通知之日起10日内完成系统的验收。在此期间内，如甲方没有异议，应即时签署工程验收合格证书，如甲方届时未提出书面异议，也未签署验收合格证书，则视为验收合格;如甲方提出书面异议，甲乙双方应在10日内达成处理意见。
4、甲方收到乙方验收工程通知之日起30日内不验收，视为验收合格。
5、有关验收的一切费用由甲方负担。
6、工程验收合格后，由双方人员签字，甲方可使用。
七、工程质量与售后服务
1、工程的设计、设备供应、施工及工程质量遵从双方共同商定之标准。
2、乙方负责对甲方的操作和维护人员安排一次集中培训，帮助其学会系统的操作和日常维护。
3、乙方对工程实行壹年保修，负责更换或/修复有质量问题的设备，但不承担因天灾、人为操作及其他非产品工程本身质量问题引起的设备损坏。对保修期后的系统故障损坏，提供有偿维修服务，并在设备修理期间尽量为客户提供暂用替换设备，以减少甲方系统的停运时间。
4、乙方在全部工程完工后，向甲方提供所有设备安装及操作手册一套。
八、工程造价
监控设备金额为：元（人民币：）
安装调试费金额为：元（人民币：）
工程总造价为：元（人民币：）
九、工程付款方式
1、本合同签订之日起5日内，甲方支付乙方工程总造价60%的预付款，作为定金及购置相关工具和设备。
2、工程安装调试完毕之日起5日内，甲方向乙方付清剩余40%的工程款项。
十、违约责任
1、甲乙双方若一方发生违约情况，则违约方应按国家经济合同法有关条款对另一方进行赔偿。
2、因乙方原因导致工期延误，由乙方偿付逾期违约金。
3、如甲方未能按照合同条款九按工程进度向乙方支付工程款，甲方须另加应付款项的千分之一/每天的逾期违约金作为乙方的补偿；乙方并有权利暂停工程的施工，待甲方向乙方支付相应的工程款和逾期违约金后恢复施工，乙方不承担由此引起的工期延期责任。甲方已付金额不足乙方所供设备款时，乙方有权收回所供设备，并由甲方赔偿乙方由此产生的一切经济损失。
4、在甲乙双方不能就造价变更及其付款方式达成一致协议的情况下，乙方有权拒绝甲方更改设计或设备配置的要求。
十一、解决合同争议的方式
本合同执行过程中若有争议，双方应友好协商解决。如协商不能解决，可向合同签署地人民法院提出诉讼。
十二、合同附件（视频监控系统价格清单）作为合同不可分割的一部分，同样具备法律效力。
十三、合同附则
1、本合同一式肆份，甲乙双方各执贰份。
2、本合同签订后，甲乙双方可签订补充协议以修改或补充本合同，异议之处以最后签署生效之协议为准。
3、本合同自双方代表签字即生效，合同未尽事宜双方协商解决。
甲乙双方同意上述条款，并签字确认如下：
甲方：
乙方：
代表人：
代表人：
联系电话：
联系电话：
签订时间：_____年_____月_____日
签订时间：_____年_____月_____日
劳动局劳动合同备案篇六
甲方(用人单位)名称： 乙方(劳动者)姓名： 文化程度：
法定代表人(或主要负责人)： 身份证号码：
所在地址： 家庭地址： 现居住地址：
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》(以下简称《劳动合同法》)等相关法律、法规和规章的规定，甲乙双方本着自愿、平等的原则，经协商同意订立本合同，并共同遵守履行。
一、合同期限
劳动合同期限按下列第( )项确定
a.本合同为固定期限劳动合同，合同期从 年 月 日起至 年 月 日止，其中试用期为个月，即从 年 月 日起至 年 月 日止;
b.本合同为无固定期限劳动合同，合同期从 年 月 日起至符合法定终止时间止，其中试用期为个月，即从 年 月 日起至 年 月 日止;
c.本合同为以完成一定工作任务为期限的劳动合同，合同期从 年 月 日起至工作任务完成即行终止。
若乙方实际用工起始时间与本合同约定起始时间不一致，以实际用工之日为本合同起始时间。
二、工作内容及工作地点
(一)根据甲方生产(工作)需要，乙方同意在岗位(工种)工作。经甲乙双方协商一致，可以变更工作岗位(工种)。乙方应按甲方确定的岗位责任
制及相关规章制度的要求，完成该岗位(工种)所承担的生产(工作)内容。
(二)甲方安排乙方的工作地点： 。根据工作需要，经甲乙双方协商一致，可以变更工作地点。
三、工作时间和休息休假
乙方所在岗位的工时制度按以下( )项确定
a.标准工时工作制
b.不定时工作制
c.综合计算工时工作制
甲乙双方必须严格执行国家有关工作时间的规定，对执行本条a项工作制的，乙方每日工作不超过8小时，每周工作40小时，并且每周至少休息一天。甲方由于生产经营需要，经与工会和乙方协商后，可以延长工作时间，一般每天不得超过1小时，因特殊原因，在保障乙方身体健康的条件下，每天不得超过3小时，每月不得超过36小时。对执行本条b项、c项工作制的，甲方在保障乙方身体健康并听取乙方本人意见的基础上，采取集中工作、集中休息、轮休调休、弹性工作时间等适当方式，确保乙方的休息、休假权利和生产、工作任务的完成。
甲方保证乙方依法享受法定休假日、带薪年休假等休假权利。
四、劳动报酬
(一)乙方试用期内的月工资为元;试用期的工资不得低于本单位相同岗位最低档工资或者本合同约定工资的百分之八十，并不得低于甲方所在地政府规定的最低工资标准。
(二)试用期满后，乙方的月工资为元，工资形式为( )。1.计时工资2.计件工资3.岗位技能工资
根据甲方的工资分配制度，经甲乙双方协商一致，在合同期内甲方为乙方调增(减)的月工资作为本合同的月工资(不得低于甲方所在地政府规定的最低工资标准)。
(三)乙方工资支付形式为( )
1.银行代发2.现金支付
(四)甲方以法定货币按月足额支付乙方工资，并向乙方提供工资清单。工资发放日为每月日，如遇休假日或休息日，应当提前支付。
(五)乙方加班工资、休假日工资、津贴、补贴、奖金的确定和发放以及特殊情况下的工资支付，均按有关法律、法规、规章以及甲方依法制定的有关规章制度执行。
五、社会保险
(一)甲方应按规定及时为乙方办理参加社会保险的相关手续，按时缴纳社会保险费用。社会保险费个人缴纳部分，甲方按规定从乙方工资中代扣代缴。
(二)乙方在孕期、产期、哺乳期应享受的假期及相应待遇，按生育保险、女职工劳动保护等有关规定执行。
(三)乙方患职业病或因工(公)负伤(死亡)的待遇、患病或非因工负伤(死亡)的待遇及医疗补助费发放，均按工伤保险、医疗保险及相关规定执行。
六、劳动保护、劳动条件和职业危害防护
(一)甲乙双方都必须严格执行国家安全生产的法律法规，遵守劳动保护、职业危害防护等有关规定。
(二)甲方应为乙方提供符合国家规定的劳动保护设施、设备、劳动防护用品及其他劳动保护条件。
(三)乙方应严格遵守各项安全操作规程和甲方依法制定的有关规章制度。如甲方违章指挥、强令冒险作业，乙方有权拒绝。
(四)甲方必须严格执行国家有关职业病防治法的有关规定，对具有职业病危害(如接触粉尘、放射性物质和其它有毒有害的物质，下同)的岗位(工种)，甲方应当如实告知乙方有关职业病危害及其后果、职业病防护措施和待遇，并采取符合国家职业卫生要求的预防措施和防护设施。
(五)乙方从事具有职业病危害岗位(工种)的，甲方应组织乙方进行上岗前、在岗期间及离岗前的职业健康检查，及时如实告知乙方检查情况，并为乙方建立职业健康监护档案。
七、合同的变更、解除和终止
(一)甲乙双方协商一致后，可以变更合同，并及时办理书面变更手续。
(二)除《劳动合同法》第三十八条规定的情形外，乙方解除劳动合同，应当提前三十日以书面形式通知甲方，在试用期内解除劳动合同的，应提前三日通知甲方。
(三)符合《劳动合同法》第三十九条、第四十条、第四十一条规定情形的，甲方可以解除劳动合同，但有《劳动合同法》第四十二条规定情形的，甲方不得依据《劳动合同法》第四十条、第四十一条的规定解除劳动合同。
(四)符合《劳动合同法》及国家、省、市规定的有关劳动合同终止情形的，劳动合同终止。
(五)工伤职工、患职业病职工劳动合同的解除或终止，依据国家有关工伤保险的规定执行。
(六)符合《劳动合同法》第四十六条规定情形之一的，甲方应按有关法律、法规和规章的规定，向乙方支付经济补偿金。
(七)甲方应当在解除或者终止劳动合同时出具解除或者终止劳动合同的证明，并在十五日内为乙方办理档案和社会保险关系转移手续。乙方应当按照双方约定，办结工作交接手续。
八、约定事项
(一)依据《劳动合同法》第二十二、二十三、二十四条规定，双方约定的事项：
1.
2.
(二)其它事项的约定：
九、甲方按法定程序，依法制定单位规章制度，并予以公示或告知乙方，乙方应严格遵守甲方依法制定的规章制度。
十、本合同履行中发生的劳动争议，甲乙双方应当协商解决，或向本单位(或甲方所在地的乡镇、街道等)劳动争议调解委员会申请调解。协商不成或不愿调解的，应在劳动争议发生之日起一年内，向甲方所在地劳动争议仲裁委员会申请仲裁。
十一、本合同条款与现行法律、法规和规章相抵触的，以及本合同未尽事宜，均按现行法律、法规和规章的规定执行。
十二、本合同至少一式二份，经甲乙双方签名(盖章)后生效，甲乙双方各执一份。甲方对已经解除或者终止的劳动合同文本，至少保存两年备查。
甲方：(单位盖章)乙方签名(盖章)：
合同订立日期： 年 月 日
合同履行起始日期： 年 月 日
劳动局劳动合同备案篇七
编号________
劳动合同书
甲方（用人单位）名称：_____________________
住所：_____________________
法定代表人：__________
姓名：_____________________
乙方（劳动者）姓名：____________________
住址：____________________
身份证号码:____________________
劳动和社会保障局印制
甲乙双方根据《中华人民共和国劳动法》《中华人民共和国劳动合同法》等法律、法规、规章的规定，在合法、公平、平等自愿、协商一致、诚实信用的基础上，同意订定本劳动合同，共同遵守本合同所列条款。
一．合同期限
1.有固定期限。本合同自_______年______月______日至_______年______月______日止，期限为______年（其中试用期自_______年______月______日至_______年______月______日止，期限为______个月）。
2.无固定期限。本合同自_______年______月______日至合同中约定之解除或终止合同的条件出现时止。
3.以完成一定的工作（任务）为期限，自_______年______月______日至________工作（任务）完成时即行终止。
二．工作内容和工作地点
1.乙方同意甲方根据生产（工作）任务的需要，安排在________部门（地点：____________________）承担____________________工作任务（具体工作内容及要求双方可另签订岗位协议）。
2.因工作需要并与乙方协商后，甲方可变更乙方工作岗位。
三．工作时间和休息休假
1.甲方实行________工作制，每日工作时间______小时。每周工作时间______小时，因生产（工作）需要加班加点的，按国家规定支付加班工资或补休。
2.乙方在合同期内享受国家规定的各项休息、休假的权利，甲方应保证乙方每周至少休息一天。
四．劳动保护、劳动条件和职业危害防护
1.甲方应严格执行国家和地方有关劳动保护的法律、法规和规章，依法为乙方提供必要的劳动条件，建立健全生产工艺流程，制定操作规程、工作规范和劳动安全卫生制度及其标准，保障乙方的安全和健康。
2.甲方负责对乙方进行职业道德、业务技术、安全生产的教育和培训；乙方应取得相应的职业资格证书，持证上岗。在工作中严格遵守安全操作规程。
3.对乙方从事接触职业病危害的作业的，甲方应按国家有关规定组织上岗前和离岗时的职业健康检查，在合同期内应定期对乙方进行职业健康检查。
4.乙方有权拒绝甲方的违章指挥、强令冒险作业，对危害乙方生命安全和身体健康的劳动条件，有权对甲方提出批评并向有关部门检举控告。
五．劳动报酬
1.甲方按《中华人民共和国劳动法》和有关政策以货币形式每月______日支付乙方工资________元。
2.非因乙方原因造成甲方停工、停产、歇业、未超一个月的，甲方应按本合同约定的工资标准支付乙方工资；超过一个月的，未安排乙方工作的，甲方应按不低于当地失业保险标准支付乙方停工生活费。
3.乙方依法享受年休假、探亲假、婚丧等假期期间，甲方按国家政策规定或约定的标准，支付乙方工资。
六．社会保险、福利待遇
1.甲方依照国家规定为乙方缴纳养老、医疗、工伤、失业、生育五项社会保险费用；社会保险费用个人缴纳部分，甲方可从乙方工资中代扣代缴。
2.甲方为乙方提供以下福利待遇。
①_____________________________________________
②_____________________________________________
③_____________________________________________
七．双方预定的其他事项
_____________________________________________
_____________________________________________
八．劳动合同的终止、解除、续订和变更
1.甲乙双方共同遵守《中华人民共和国劳动合同法》第三十六条至五十条的规定。
2.本合同依法订立后，不因用人单位变更名称、合并、分立、法定代表人、主要负责人或投资人、承办人等事项变更而解除。
九．因履行本合同发生争议，任何一方在规定的期限内可以向劳动争议仲裁委员会申请仲裁。本合同未约定事项，按国家规定执行。
十．本合同一式三份，甲、乙方、鉴证机关各执一份。约定事项违背国家规定或涂改、或未经合法授权代签无效。
签证机关：（盖章）_____
签证人：（签章）_____年_____月_____日
乙方：（签名）_____年_____月_____日
甲方：（盖章）_____
法定代表人
（或主要负责人）：（签章）_____年_____月_____日
劳动合同续订：_____
经甲乙双方协商一致，本合同续订至_______年______月______日止。
甲方：（盖章）_____
乙方：（签名）_____
法定代表人
（或主要负责人）：（签章）_____年_____月_____日_____年_____月_____日
鉴证机关：（盖章）_____
签证人：（签章）_____年_____月_____日
劳动局劳动合同备案篇八
用人单位(以下简称甲方)名称：
单位性质： 法人代表：
单位地址：
劳动者(以下简称乙方)姓名：
性别： 民族： 出生日期： 年 月 日
文化程度： 居民身份证号码/其它有效证件号码：
家庭详细地址： 邮政编码：
现暂住详细地址： 邮政编码：
根据《中华人民共和国劳动法》《中华人民共和国劳动合同法》及有关的法律、法规的规定，甲乙双方本着平等、自愿、协商一致的原则，签订本合同并承诺共同遵守本合同所列条款：
一、 合同期类型和期限
第一条、甲乙双方选择以下第 种形式签订本劳动合同期限：
(壹)固定期限：合同期限共 年，自 年 月 日起至 年 月 日止，(贰)无固定期限：自 年 月 日起。
(参)以完成一定的工作任务为期限。自 年 月 日至 工作完成时即终止，其完成的标志事件为 。
实行有固定期限和无固定期限的劳动合同，双方约定的试用期为 月，自 年 月 日起至 年 月 日止。试用期包括在合同期内。
二、工作内容与工作地点：
第二条：经甲乙方双方协商一致，乙方在甲方处从事 工作。在本合同有效期内，甲方可以根据生产和工作需要及乙方的能力、表现，调整和变更乙方的工作，乙方同意服从甲方分派的生产和工作任务及遵守甲方企业的员工手册和其他规章制度。
第三条：乙方同意在甲方安排的工作地点——温州按时、按质、按量完成甲方分派的生产或工作任务。
三、 劳动报酬：
第四条、 乙方实行以下 工资计算方式
壹、计时制，乙方试用期基本工资为 元，考核工资 元;试用期满，基本工资为 元，考核工资 元。
贰、计件制，具体计件单价另行约定。
乙方的工资不得低于国家规定的最低工资标准。甲方实行结构工资制，具体工资分配按甲方的薪酬制度及考核办法执行。
第五条、 甲方以货币形式按月支付乙方工资，发放日期为次月初，前款所称的乙方工资为税前工资，乙方的个人所得税由甲方代扣代缴。
第六条、 甲方有权根据企业经营状况、规章制度及乙方岗位调整、绩效考核、违纪行为、工作评价等，对乙方工资作相应的调整。
四、 工作时间和休息休假：
第七条、乙方实行 工时制
壹、定时工作制
貳、综合计件工时工作制
參、不定时工作制
甲方根据工作需要，安排乙方加班，将给予乙方相应的劳动报酬。
第八条、乙方在合同期内享受国家和公司规定的各项休息、休假权利。
五、 劳动条件和劳动保护
第九条、 甲方根据国家的有关法律、法规，建立、健全工作规范、操作规程、劳动安全卫生制度，为乙方提供符合安全卫生标准的工作场所和完成工作任务所必须的工具。
第十条、 甲方根据乙方岗位的实际情况，向乙方提供甲方规定的劳动保护用品。
第十一条、 乙方必须严格遵守甲方制定的工作规范、操作规程、劳动安全卫生制度，自觉预防事故和职业病的发生。
六、福利待遇
第十二条、乙方工伤待遇按国家和地方有关部门政策法规执行。
第十三条、乙方患病或非因公负伤，停工医疗期限最长不超过三个月。
七、劳动纪律与规章制度
第十四条、甲方根据国家有关规定，负责对乙方进行职业道德、业务技术、劳动安全、劳动纪律和公司规章制度的培训。
第十五条、乙方愿意遵守甲方依法制定各项规章制度，包括《员工手册》中列明的各项规定和要求。同时爱护甲方的财物，维护甲方的利益。
第十六条、甲方的交易秘密、经营秘密、管理秘密、技术秘密，乙方对此在合同期内及离职后两年内负有保密义务，未经甲方许可，不得向本单位其他人员以及外单位人员有意或无意的泄漏。甲、乙双方如另有竞业禁止协议，则竞业禁止协议作为本合同的附件。如有违反，甲方有权向乙方追溯并要求其赔偿经济损失。
第十七条、在本合同履行过程中，甲方根据国家有关规定可制定新的规章制度，也可以对公司制定的规章制度进行修订。
第十八条、全员必须严格服从公司积分制管理制度。
八、合同变更、解除、终止、续订
第十八条、在本合同执行期内，如有下列情况发生，甲乙双方同意变更本合同的相关内容：
(1) 订立本合同所依据的国家法律、法规等发生变化的。
(2) 订立本合同所依据的客观情况发生重大变化，导致本合同无法继续执行的。
(3) 甲、乙方情况发生变化，影响本合同执行的。
第十九条、经甲乙双方协商一致，本合同可以解除。
第二十条、按照《劳动合同法》第三十九条规定，甲方可以随时解除乙方劳动合同;按照《劳动合同法》第三十八条规定，乙方可以随时通知甲方解除本合同。
第二十一条、本合同期满，劳动合同即行终止。甲乙双方经协商同意，可以续订劳动合同。
第二十二条、乙方未征得甲方同意而离职或擅自离开，应承担由此引起的经济损失和相关责任。
第二十三条、乙方需要辞职的，必须提前30天以书面形式通知甲方，须经相关主管同意签字后，可以辞职;特殊情况或特殊岗位辞职的须按《离职管理制度》申请离职程序办理。
第二十四条、非乙方原因，甲方辞退乙方，则应一次性结清所有约定工资。
第二十五条、乙方在离职前，应按甲方规定办理工作交接手续，工作中的未尽事项、文件、资料、凭证、各种办公用品等，须全部清点移交甲方指定人员。乙方未按规定办妥离职手续，甲方将不予办理工资结算，并有权追究乙方的经济责任。
九、经济补偿
第二十六条、甲方违反《劳动合同法》规定解除或终止劳动合同的，依照相应的管理规定支付经济补偿。
第二十七条、乙方违反规定解除劳动合同，对甲方造成损失的，乙方应赔偿甲方招收录用费、生产、经营和工作造成的直接经济损失及依据甲方规章制度承担相应的赔偿责任。
十、劳动争议处理
第二十八条、甲乙双方因履行本合同发生的劳动争议，双方当事人可以依法申请调解、仲裁、提起诉讼，也可协商解决。
第二十九条、劳动争议发生后，提出仲裁要求的一方应当自劳动争议发生之日起六十日内，以书面形式向有管辖权的劳动争议仲裁委员会申请仲裁。对仲裁不服的，可以自收到仲裁裁决书之日起十五日内，向人民法院提起诉讼。
十一、其它
第三十条、乙方在劳动合同期及劳动合同解除后的一年内，因执行甲方的任务或从事甲方的生产经营活动以及运用甲方所有或提供的技术信物质技术条件等所完成的技术成果的所有权、使用权、转让权及双方协商一致与该成果有关的知识产权归属甲方，如果该技术成果申请专利并被授予专利权的，其申请权及专利权归属甲方。
第三十一条、公司所制定的各项规章制度及甲乙双方签订的补充协议均为合同附件，是本合同不可分割的组成部分
第三十二条、甲乙双方在履行合同中发生争议，应当协商解决，协商无效的，可向当地劳动争议仲裁委员会申请仲裁。
第三十三条、本合同壹式两份，甲乙双方各执壹份，经双方签字、盖章后生效，并具有同等法律效力。
第三十四条、其他约定事项：
用人单位(公章) 受用人(签名)：
法人代表或委托代理人签名
年 月 日 年 月 日
劳动局劳动合同备案篇九
编号： 劳 动 合 同 书
甲方：河南博厦建筑装饰工程有限公司 法定代表人：陈飞
注册地址： 郑州市二七区淮南街22号院19号楼东1单元8层北1号
经营地址： 郑州市二七区淮南街22号院19号楼东1单元8层北1号乙方： 性别
身份证号码
家庭住址： 邮政编码：
户口所在地：省（市）区（县）街道（乡镇）
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》和有关法律、
法规，甲乙双方经平等自愿、协商一致签订本合同，共同遵守本合同所列条款。
一、劳动合同期限
第一条合同期限
1.固定期限劳动合同
本合同于 年 月 日起，至 年 月 日止。其中试用
期为 个月，自 年 月 日起，至 年 月 日止。
2.无固定期限劳动合同
本合同于年 月 日起。其中试用期为个月，自
年 月 日至 年月日。
3.以完成一定工作任务为期限的劳动合同
本合同于 年 月 日起，至本工作任务结束终止。工作任务为 。
二、工作内容和工作地点
第二条 乙方同意根据甲方工作需要，担任 岗位（工种）工作。
第三条 根据甲方的岗位（工种）作业特点，乙方的工作区域或工作地点为
郑州市二七区淮南街22号院19号楼东1单元8层北1号 。
第四条 乙方应达到甲方工作要求 标准。
三、工作时间和休息休假
第五条 甲方安排乙方执行 标准 工时制度。
执行标准工时制的，乙方每天工作时间不超过8小时，每周不超过四十
小时。甲方安排乙执行综合计算工时工作制或不定时工作制度的，应当事先取得劳动行政部门特殊工时制度的行政许可决定。
第六条 甲方为乙方实行的休假制度有 按照国家和公司规定执
行。
四、劳动报酬
第七条甲方每月 15 日前以货币形式支付乙方工资，月工资为 元或按执行。
乙方在试用期间的工资为 元。不得低于约定工资的80％，并不得低于用人单位所在地最低工资标准。
甲乙双方对工资的其它约定 。
第八条 甲方生产工作任务不足使乙方待工的，甲方支付乙方有月生活费为 400 元或按 政府有关规定 执行。
五、 社会保险
第九条 甲乙双方按国家和当地政府的规定参加社会保险，按时足额缴纳社会保险费。
第十条 乙方患病或非因工负伤的医疗待遇按国家、当地政府有关规定执行。
第十一条 乙方患职业病或因工负伤的待遇按国家、当地政府有关规定执行。
六、劳动保护、劳动条件和职业危害防护
第十二条 甲方根据生产岗位的需要，按照国家有关劳动安全、卫生的规定为乙方配备必要的安全防护措施，发放必要的劳动保护用品。
第十三条 甲方根据国家有关法律、法规，建立安全生产制度；乙方应当严格遵守甲方的劳动安全制度，严禁违章作业，防止劳动过程中的事故，减少职业危害。
第十四条 甲方应当建立、健全职业病防治责任制度，加强对职业病防治的管理，提高职业病防治水平。
七、劳动合同的解除、终止和经济补偿
第十五条 甲乙双方解除、终止、续订劳动合同应当依照《中华人民共和国劳动合同法》和国家及当地政府的有关规定执行。
第十六条 甲乙双方在解除或者终止本合同时，为乙方出具解除或者终止劳动合同的证明，并在十五日内为乙方办理档案和社会保险关系转移手续。
第十七条 乙方应当按照双方约定，办理工作交接。应当支付经济补偿的，在办结工作交接时支付。
八、当事人约定的其他内容
第十八条 甲乙双方约定本合同增加以下内容： 。
九、劳动争议处理及其它
第十九条 双方因履行本合同发生争议，当事人可以向甲方劳动争议调解委员会申请调解；调解不成的，可以向劳动争议仲裁委员会申请仲裁。当事人一方也可以直接向劳动争议仲裁裁委员会申请仲裁。
第二十条本合同未尽事宜或与今后国家、当地政府有关规定相悖的，按有关规定执行。
第二十一条 本合同一式两份，甲乙双方各执一份。
甲方：(盖 章)乙方：(盖 章)
法定代表 (签字或签章)
签订日期： 年 月日
鉴证机关（盖 章）
鉴证时间： 年 月日
劳 动 合 同 变 更 书
经双方协商同意,对年 月 日签订的劳动合同书作如下变更:
甲方：(盖 章) 乙方：(盖 章)
变更时间年月日
签证机关：(盖 章) 签证人：(盖 章)
签证时间： 年 月日
劳动局劳动合同备案篇十
发布：陈稿件来源：集团点击率： 上一下一发布日期：20xx-2-8 磊文件580 条 条
（20xx年2月5日二届五次职代会通过）
根据国务院《职工带薪年休假条例》，及国家人力资源和社会保障部《企业职工带薪年休假实施办法》的有关规定，结合淮南矿业集团实际情况，特制定本实施办法。
一、享受带薪年休假的范围
在淮南矿业集团连续工作满一年以上的在册在岗职工及单位使用的满一年的劳务派遣工享受带薪年休假（以下简称年休假）。
二、年休假天数规定
（一）职工累计工作已满1年不满10年的，年休假5天；
（二）职工累计工作已满10年不满20年的，年休假10天；
（三）职工累计工作已满20年的，年休假15天；
（四）国家法定休假日、休息日，职工依法享受的探亲假、婚丧假、产假、节育手术假等国家规定的假期，以及因工负伤停工留薪期间，均不计入年休假假期。
三、职工有下列情形之一的，不享受当年的年休假：
（一）累计工作满1年不满10年的职工，年度内请病假累计2个月以上的；
（二）累计工作满10年不满20年的职工，年度内请病假累计3个月以上的；
（三）累计工作满20年的职工，年度内请病假累计4个月以上的；
（四）女职工请长期哺乳假，其休假天数多于年休假天数的；
（五）年度已享受单位安排的疗（休）养人员，其疗（休）养天数达到或超过年休假应休天数的（不足应休天数的可补齐年休假应休天数）；
（六）年度内累计旷工五天及以上的。
四、职工累计工作时间计算
按现行计算年功工资的工龄时间确定。
五、年休假工资支付
（一）年休假日工资计算
年休假日工资=职工本人月工资÷月计薪天数（21.75天）。
职工本人月工资为职工本人上年度12个月的平均工资（剔除本人上年度双休日、法定节日、年休假加班工资）。在用人单位工作时间不满12个月的，按实际工作月份计算平均工资。
职工年休假日工资，每年元月上旬由各单位人力资源部门计算确定。
（二）职工休年休假期间工资，按本人实际年休假天数×本人年休假日工资计算。
（三）职工应休未休年休假工资，按本人正常上班工资+本人实际应休
未休年休假天数×本人年休假日工资×200%计算。
（四）单位安排职工休年休假，但职工因本人原因要求在年休假期间上班的，按正常工作期间工资支付。
（五）用人单位与职工解除（终止）劳动合同时，或职工办理退休时，当年度未安排职工休满应休年休假天数的，应当按照职工当年已工作时间折算应休未休年休假天数并支付其相应的年休假工资，但折算后不足1整天的部分不支付年休假工资。
折算方法为：（当年在本单位已过日历天数÷365天）×职工本人全年应当享受的年休假天数－当年已安排年休假天数
用人单位当年已安排职工年休假的，多于折算应休年休假的天数不再扣回。
（六）实行年薪制人员，年度内应休未休的年休假工资含在本人年薪内，单位不再另外支付年休假工资。
六、年休假的安排
（一）各单位应根据本单位实际情况，每年年初安排好每位职工的年休假计划。生产单位职工年休假尽量在停产检修期间集中安排。
（二）各单位要加强劳动组合，通过提升技术装备、改进生产工艺、提高劳动效率、精简岗位用工，保障年休假制度落实。
（三）严格职工考勤制度，灵活安排职工休假，可以用职工请事假等其他形式冲抵年休假。
（四）职工年休假可以一次休完，也可以分段休假。年休假一般不跨年度安排，但遇特殊情况也可以跨年度安排。
（五）单位已安排职工休年休假，职工不愿意休的，职工要提前一周提出书面申请，单位领导同意后，将本人申请交人力资源管理部门保存。
（六）对确因工作需要不能安排职工休年休假的，经职工本人书面签字同意后，可以不安排职工休年休假，应按规定支付应休未休年休假的工资。
（七）职工已享受当年的年休假，或单位安排职工在年休假期间上班并已按规定支付应休未休年休假工资后，职工年度内又出现本办法第三项规定的六种情形之一的，不再享受下一年度的年休假。
七、其他规定
（一）各单位要高度重视职工年休假制度的实施，制定具体实施方案。安排专人负责职工年休假工作，建立职工年休假台账，检查督促基层单位职工年休假的安排和落
实情况。
（二）职工调动工作时，调出单位要在迁调单上注明该职工当年应享受年休假天数和已休假天数。
（三）原淮南矿务局煤干劳字【1992】176号《关于印发〈淮南矿务局职工年休假制度的暂行规定〉的通知》自行废止。
劳动局劳动合同备案篇十一
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