1.0 Purpose
目的
These Procedures are formulated to regulate the Company’s procedures on the administration of
employment contracts, to specify the general proceedings regarding employment contracts
execution, modification, renewal, extension, termination, etc., to improve the performance of
employment contracts in accordance with the laws and regulations, to protect the Company’s and
the employees’ legal rights and interests, and to scientifically systemize and standardize the
management of employment contracts.
本程序旨在规范本公司的劳动合同管理程序,明确订立、变更、续订、顺延、终止和解除劳动合同各
个环节的基本程序,促进依法履行劳动合同,保护公司与员工的合法权益,实现劳动合同管理的科学
化、规范化
2.0 Scope
范围
These Procedures shall apply to all regular employees of SDSS&SDIT. 本程序适用于SDSS&SDIT全体正式员工
3.0 Responsibilities
责 任
Primary Owner, Department: HR
主要负责部门:人力资源部
Reviewers and Approvers: All departments
批准部门:所有部门
4.0 Reference Documents and Source Locations
参考文件及文件来源
All documents referenced below are located in Agile.
Table 4.1: Referenced Documents
5.0 Materials, Equipment, Tools and Safety
材料,设备,工具和安全
NA
6.0 Definitions and Acronyms
定义及缩写
Table 6.1: Definitions and Acronyms
7.0 Requirements
程序内容及具体需求
7.1 Execution of Employment Contracts and Probation
劳动合同的订立&试用期规定
7.1.1 In compliance with the principles of equality, willingness, and agreement by
negotiation, the Company shall conclude a written employment contract with an
employee within one (1) month of his official employment, provided that the employee
has provided to the Company his employment separation certificate from the
previous employer. If the employee refuses to conclude the employment contract with
the Company one (1) month after his official employment , the Company shall
terminate his employment in writing.
公司遵循平等、自愿、协商一致的原则,在员工提供其前雇主的离职证明后自正式用
工之日起1个月内与员工订立书面劳动合同。如果员工自正式用工之日起1个月后拒绝
与本公司签订劳动合同的,本公司将以书面形式终止聘用该员工。
7.1.2 The terms and conditions in employment contract that are agreed upon by the
Company and the employee. The employee shall carefully review the employment
contract, sign, and submit it to the Company’s Department of Human Resources
within three (3) days for the Company’s seal. The employment contract shall be
executed in two counterparts, one of which will be kept by the Company and one by
the employee.
劳动合同内容由公司和员工双方书面约定;员工应认真阅读后签字并于三天内交人力
资源部;然后公司在劳动合同上盖章。劳动合同一式两份,由公司保留一份,员工保
留一份
7.1.3 In accordance with the term of the employment contract as agreed by the Company
and the employee and the provisions of relevant laws and regulations, a probationary
period will apply to all first-time employees with the Company
根据公司与员工约定的劳动合同期限及相关法律、法规的规定,初次录用的员工将有
一段试用期限
7.1.4 The Company shall, by an automatic reminder sent by its internal system, inform an
employee’s direct manager of the specific expiry date of the employee’s probationary
period fifteen (15) days before the expiry of the probationary period. After the
employee’s direct manager receives such automatic reminder and within ten (10)
days prior to the expiry of the employee’s probationary period, the direct manag er
shall communicate and discuss with the employee his performance during the
probationary period, confirm whether the employee can pass the probationary period,
and conduct the examination and approval formalities in the system
在员工试用期结束前15天,公司通过内部系统将发出自动提醒告知直线经理员工试用
期结束的具体日期。员工的直线经理在收到自动提醒后,应在员工试用期结束前10天
内与员工关于其在试用期内的表现进行交流、沟通,确定员工是否通过试用期,并在
系统中进行审批手续
7.1.5 The employee whose performance in the probationary period satisfies the conditions
of employment shall pass the probationary period. If the employee’s performance in
the probationary period does not satisfy the conditions of employment, the
employee’s direct manager shall provide relevant certificate of proof. After the
Company’s management personnel and the Department of Human Resources review
the certificate of proof and approve the decision, the Department of Human
Resources shall notify the employee of his employment contract’s termination and
execute relevant departure formalities before the expiry date of the employee’s
probationary period. The employee who refuses to sign the Employee Contract with rd the company shall notify the company on the third (3) day prior to the end date of
the probationary period and execute relevant departure formalities.
在试用期内表现符合录用条件的员工将通过试用期。若员工试用期内的表现不符合录
用条件的,员工的直线经理应提供此员工试用期内表现不符合录用条件的相关证明并
经过公司管理层和人力资源部一致审核与批准后,人力资源部将在员工试用期结束前
通知员工解除劳动合同并办理相应的离职手续. 若员工无意与公司订立合同, 则应在试用
期结束日前提前3天通知公司并办理离职手续。
Modification of Employment Contracts
劳动合同变更
7.2.1 After the employment contract takes effect, if the Company or the employee
proposes to modify any clause of the original employment contract, with the
exception of clauses regarding the Company’s name, legal representative, main
management personnel, or investor, the proposing party shall inform the other party
of the reasons, contents and conditions for such modification. The employment
contract shall be modified in writing upon agreement by both parties through
negotiation. The Modification Letter of the Employment Contract shall become
effective only after the Company and the employee either signed or sealed it. The
Modification Letter of the Employment Contract shall be executed in two
counterparts, one of which shall be kept by the Company and one by the employee. 7.2
在劳动合同生效后,如有部分条款发生变更的,应在正式变更日期前二周告知对方变
更劳动合同的理由、内容和条件等。变更劳动合同的内容均应在双方协商一致的情况
下采用书面形式进行变更。劳动合同变更书在公司与员工盖章和签字后方可生效。劳
动合同变更书一式两份,由公司保留一份,员工保留一份。
7.3 Renewal and Expiry
劳动合同的续订和终止
7.3.1 The Company shall, by an automatic reminder sent by its internal system, inform an
employee’s direct manager of the specific expiry date of the employee’s employment
contract sixty (60) days before the expiry of the employment contract. After the
employee’s direct manager receives such automatic reminder, he shall, within forty-
five (45) days before the expiry of the employment contract, decide whether to renew
the employee’s employment contract and conduct the examination and approval
formalities in the system based on the employee’s performance and the Company’s
professional requirements.
劳动合同届满前60天,公司通过内部系统将发出自动提醒告知直线经理员工劳动合同期
满的具体日期。员工的直线经理在收到自动提醒后,应在员工劳动合同届满前45天内
根据员工的工作表现和工作需要来核定是否同意与员工续订劳动合同,并在系统中进
行审批手续。
7.3.2 If the employee’s direct manager, the lower level manager, and the Department of
Human Resources all approve the renewal of the employee’s employment contract, a
Renewal Notification of the Employment Contract to the employee shall be emailed
through the Department of Human Resources to the employee on the thirtieth (30th)
day prior to the expiry of the employment contract. The employee shall accept or
refuse such renewal. The Department of Human Resources shall prepare the
Renewal Agreement of the Employment Contract on the seventh (7th) day prior to
the expiry of the employment contract and complete the consummation formalities
after obtaining the receipt of the Renewal Notification of the Employment Contract. If
the employee refuses to the Renewal Agreement, the Department of Human
Resources shall notify the employee to sign the Non-Renewal o f the Employment
Contract, and send the notification to his manager by mail; if the employee does not
reply to the Renewal Notification of the Employment Contract within seven (7) days
from the expiry of the employment contract, he shall be deemed to have refused the
renewal.
对于直线经理和下一级经理以及人力资源部同意与员工续订劳动合同的,公司人力资
源部将在劳动合同届满前30天发送《劳动合同续约通知》至员工邮箱,员工应在劳动
合同期届满前七天回复接受或拒绝续签,. 人力资源部在收到员工回复同意续签通知
后, 在其合同到期前7天, 准备《劳动合同续延协议》并完成双方的签署盖章手续。如果
员工拒绝续签, 人力资源部将通知员工签署《劳动合同不续签通知》, 并邮件通知其部
门经理;如果员工在劳动合同届满的最后七日未予答复,则视为员工已拒绝续签本合
同。
7.3.3 If an employee’s direct manager declines to renew the employee’s employment
contract, the direct manager shall provide relevant certificate of proof. After the
Company’s management personnel and the Department of Human Resources review
the certificate of proof and approve the direct manager’s decision, the Department of
Human Resources shall notify the employee that the Company shall not renew his
employment contract, and conduct the relevant departure formalities at least thirty
(30) days before the expiry of the employment contract
对于不同意与员工续订劳动合同的,员工的直线经理应提供相关证明并经过公司管理
层和人力资源部一致审核与批准后,人力资源部在劳动合同届满前至少30天通知该员
工公司不再与其续签劳动合同,并办理相应的离职手续
7.3.1 If the Company or the employee intends to terminate the employment contract, the
terminating party shall notify the other party in writing thirty (30) days in advance. The
Company’s Department of Human Resources shall conduct the formalities relating to
termination of the employment contract
公司或员工要求终止劳动合同的,双方均应提前30天以书面形式通知对方,公司人力
资源部应统一办理终止劳动合同的相关手续
Extension of Employment Contracts
劳动合同顺延
7.4.1 According to the provisions of the laws and regulations, upon the employment
contract’s expiry date, if the conditions for extension of employment contract are
satisfied, the Company shall extend the employment contract term until such
conditions are no longer satisfied, unless the employee himself requests not to
extend the employment contract term and notifies the Company of such request in
writing
根据法律法规的规定,劳动合同届满时,符合顺延合同期限条件的,除非本人要求不
延长并以书面形式通知公司的,公司将延长劳动合同期限,直至这些情形结束
7.4.2 Open-ended Employment Contract
According to the Labor Law, if the employee has signed the fixed-term employment
contract with the same company twice consecutively, the third Renewal of
Employment Contract shall be deemed as Open-ended Employment Contract. If the
employee in SDSS transfers to SDIT or the employee in SDIT transfers to SDSS, his
term of the employment contract shall be defined in accordance with the term and
times of the previous employment contract.
无固定期限合同:
根据国家劳动合同法规定, 连续签订固定期限合同两次, 第三次续签则视定为无固定期
限合同. 若有SDSS 转SDIT 或SDIT 转SDSS, 其劳动合同期限将跟随前劳动合同期限及次数
定义
Termination of Labor Contract
劳动合同解除
7.4 7.5
7.5.1 Termination by Company. The Company may terminate an employee’s labor contract
on the grounds not attributable to the employee’s fault, if the employee (1) could not
resume the duties of his or her original position or other duties assigned by the
Company after the completion of treatment and recovery period for illnesses or non-
job-related injuries; (2) is incompetent to perform the duties of his or her position and
remains incompetent after training or adjustment of position; or (3) the objective
circumstances on which the labor contract relied when it was consummated have
undergone significant change, provided that the Company serves the employee a
thirty (30) days’ advanced notice or pays the employee one month’s salary; the
Company may also terminate an employee’s labor contract at any time on the
grounds attributable to the employee’s fault, if the employee (1) proved to be
unqualified for the position during the probationary period; or (2) has severely
violated the Company’s rules and other statutory matters
公司解除。公司可因员工的非过失原因(包括⑴患病或非因工负伤,医疗期满后未能
恢复从事原工作或者公司另行安排的其它工作;⑵无法胜任工作,经过培训或调整工
作岗位后,仍不能胜任工作的;及⑶劳动合同订立时所依据的客观情况发生重大变
化) ,可提前30天通知或额外支付员工一个月工资后解除劳动合同;也可以因员工过失
原因(包括⑴在试用期间被证明不符合录用条件;⑵严重违反本公司的规章制度等其
他法定事项)可随时解除劳动合同
Termination by Employee. If an employee intends to terminate his or her labor
contract, he shall notice the Company thirty (30) days in advance; during the
probationary period, an employee shall notice the Company three (3) days in
advance; an employee may request for termination of labor contract at any time if the
Company is found to have violated labor protection condition, labor condition or other
statutory conditions pursuant to relevant laws and regulations or agreements under
the labor contract
员工解除。员工提出解除劳动合同,应当提前30天通知公司;在试用期内应提前3天通
知公司;公司确有违反法律法规和未按照劳动合同约定提供约定劳动保护或劳动条件
等其他法定条件时,员工可随时要求解除劳动合同
7.5.2
8.0 BMS Records
9.0 Process Flow and Diagram
NA
10.0 Document Revision History
文件版本变更记录