Please Refer to the Remarks Before Completing This Contract Sample
**Please refer to the “Remarks” before completing this contract sample.
Indefinite Labour Contract
For Law No. 7/2015 “Minimum Wage for Cleaning and Security Employees in the Property Management Services”
Sample
Remarks:
1) This sample shall be applicable to indefinite labour contracts, and its terms and conditions and contents are subject to verification based on the specific nature and agreements made between an employer and an employee. The present sample is for reference only, and any disputes between both parties shall be resolved according to Law no. 7/2008 “Labour Relations Law” and Law no. 7/2015 “Minimum Wage for Cleaning and Security Employees in the Property Management Services”.
2) The regulations in the footnotes of this sample are based on Law no. 7/2008 “Labour Relations Law” and Law no. 7/2015 “Minimum Wage for Cleaning and Security Employees in the Property Management Services”.
Information of the employer and the employee:
Employer
Name of Company: ______(hereinafter referred to as ‘Party A’)
Office Address: ______
Company Telephone No.: ______Company Fax No.: ______
Mobile No.: ______E-mail Address: ______
Employee
Name: ______(hereinafter referred to as ‘Party B’)
Gender: ______Date of Birth: ______
Macao I.D. No.:______
Residential Address:______
Home Telephone No.: ______Fax No.:______
Mobile No.: ______E-mail Address: ______
Both parties agree to conclude this labour contract[1] (hereinafter referred to as ‘Contract’), and commit to comply with it in good faith.
Article 1
(Effective date of the contract)
1) This contract shall become effective upon ______(day/month/year), with the labour relation established between Party A and Party B. However, if theirlabour relation has been established prior to the entry into force of this contract, they shall comply with the following paragraph 2.
2) Both parties confirm that their labour relation was established on ______(day/month/year), and through this contract, change the working conditions that shall become effective upon ______(day/month/year).
Article 2
(Professional grade or function and workplace)
1) Party A employs Party B to undertake the post of ______, of which the job nature is to ______.
2) The workplace of Party B is located at______.
Article 3
(Basic remuneration)
1) Party B shall be entitled to receive a basic remuneration on a ______basisfor the work performed, in the amount of MOP______[2].(The basic remuneration mentioned above comprises a basic wage of MOP______and an allowance / a commission of MOP______[3] for ______nature).[4]
2) Party A shall pay remuneration[5]a) in cash at the workplace[6]/ or b) by depositing into the account of Party B in a banking institution in the Macao Special Administrative Region (“Macao SAR”)[7], and shall give Party B a pay slip[8].
Article 4
(Normal working hours)
The normal working hours of Party B are _____ hours a day[9] and _____ hours a week[10].Both parties agree to select one of the following options to settle the daily working time (please tickthe appropriate box):
– A. From _____ hours _____ minutes to _____ hours _____ minutes, with an break of _____ minutes for meal and rest[11];
– B. Excluding night work shifts;
– C. Including night work shifts.
Article 5
(Overtime work)[12]
1) Under the circumstances and limits specified in the law[13],Party A may, by prior arrangement of Party A and without Party B’s consent,request Party B to perform overtime work, and Party B shall be entitled to receive the normal remuneration for the work performed plus an increase of _____%[14].
2) If Party B performs overtime work under the circumstances specified in paragraphs 1 and 2 of Article 38 of the current Labour Relations Law of the Macao SAR, Party B shall be entitled to an additional period of paid rest[15].
3) Except for the circumstances specified in paragraph 1 of this Article, the overtime work performed by Party B shall be subject to mutual agreement of the parties[16],and Party B shall beentitled to receive the normal remuneration for the work performed plus an increase of _____%[17].
Article 6
(Probationary period)
1) Both parties agree to select one of the following options to settle the probationary period (please tickthe appropriate box):
– A. The probationary period has a duration of _____days[18] from the date of entry into force of this contract;
– B. No probationary period is required.
2) Either party may terminate this contract during the probationary period without having to show just cause and without any right to compensation arising from such, and both parties agree to select one of the following options to settle the period of a prior notice (please tickthe appropriate box):
–i) No prior noticeis required;
– ii) Anotice of _____ days[19]shall be given to Party B in advance if Party A terminates this contract; a notice of _____days[20] shall be given to Party A in advanceif Party B terminates this contract.
3) If the work of Party B is of a highly technical nature or involves special qualifications, or Party B holds a leadership or management position, when the probationary period lasts longer than 90 days, either party who intends to terminate the contract within the probationary period shall give a notice of seven days to the other party in advance.
Article 7
(Weekly rest)
1) Party B shall be entitled to a rest period of_____[21]a week, with such period informed by Party A at least three days in advance.
2) Under the circumstances specified in the law[22], Party A may,without Party B’s consent,arrange for Party B to work on a weekly rest day, and Party B shall be entitled to a compensatory rest of _____[23], to be designated by Party A, within 30 days following the performance of work, as well as[24]:
a) An additional basic remuneration of _____ day(s)[25] for employees who are paid monthly;
b) An additional basic remuneration of _____ day(s)[26] in addition to the normal remuneration for employees who are paid daily or hourly.
3) Party B, due to a voluntary request[27]for working on a weekly rest day, shall be entitled to a compensatory rest of _____ day(s)[28], to be designated by Party A, within 30 days following the performance of work; in the event that Party B does not enjoy the compensatory rest, Party B shall be entitled to[29]:
a) An additional basic remuneration of _____ day(s)[30]for employees who are paid monthly;
b) An additional basic remuneration of _____ day(s)[31]in addition to the normal remuneration for employees who are paid daily or hourly.
Article 8
(Mandatory holidays)
1) Party B is exempted from providing work on the mandatory holiday of 10 days[32] specified in the law, without loss of basic remuneration[33].
2) Under the circumstances specified in the law[34], Party A may,without Party B’s consent, arrange for Party B to work on a mandatory holiday,and Party B shall be entitled toa compensatory rest of _____ day(s)[35], to be designated by Party A, within 30 days following the performance of work, as well as[36]:
a) An additional basic remuneration of _____ day(s)[37]for employees who are paid monthly;
b) An additional basic remuneration of _____ day(s)[38]in addition to the normal remuneration for employees who are paid daily or hourly.
Article 9
(Annual leave)
Party B shall beentitled to paid annual leave of _____ days[39] during the second year of service if the duration of the labour relation is more than one year;if the duration of the labour relation is less than one year but more than three months, Party B shall be entitled to the annual leave during the second year of service as calculated in proportion to the number of days mentioned above for each month of actual serviceprovided,and when the number of days left in the remaining period reaches 15, it shall be considered as one month.
Article 10
(Maternity leave)[40]
1) Party B is entitled to maternity leave of _____[41]days, for reason of childbirth, of which 49 days must be taken immediately after the confinement, with the remaining days taken consecutively or separately before or after the confinement at the discretion of Party B;if Party B intends to take part of her maternity leave prior to the confinement, she must notify Party A of this intention at least five days in advance.
2) Party B shall be entitled to receive basic remuneration corresponding to the period of maternity leave if the labour relation between both parties has lasted more than one year on the day of her confinement.
3) If the labour relation between both partiesreaches one year during the maternity leave, Party B shall be entitled to receive basic remuneration corresponding to the remaining period of the maternity leave after the completion of one year’s service.
Article 11
(Night work)[42]
If Party B performs work between 0:00 midnight and 06:00 a.m., both parties agree to select one of the following options for settlement (please tickthe appropriate box):
– A. Party B acknowledges that he/she has been hired to perform a work schedule including night hours, and therefore he/she shall not be entitled to remuneration for night work;
– B. Party B, due to occasional performance of night work, shall be entitled to receive remuneration for night work (the amount is equivalent to the normal remuneration for the work performed plus an increase of _____%[43]), unless Party B has received remuneration for shift work in the same month.
Article 12
(Shift work)[44]
If Party Bperforms workat different timesandnot in accordance with a fixed schedule, both parties agree to select one of the following options for settlement (please tickthe appropriate box):
– A. Party B acknowledges that he/she has been hired to provide shift work, and therefore he/she shall not be entitled to remuneration for shift work;
– B. PartyB,due to occasional performance of shift work, shall be entitled to receive remuneration for shift work (the amount is equivalent to the normal remuneration for the work performed plus an increase of_____%[45]); if Party B performs work on a mandatory holiday and the remuneration received for shift work is equal to or exceeds 10 percent of the basic remuneration, Party B has no right to receive any additional monetary compensation, but shall be entitled to enjoy a paid compensatory rest within 30 days after the day of the mandatory holiday.
Article 13
(Absence for sickness or accidentsnot arising from work)
Party B shall be entitled to paid absence of _____ days[46]due to sickness or accidents in each calendar year after completing the probationary period.
Article 14
(Prior notice for rescission without just cause)
Either party may rescind this contract without just cause, but the initiating party shall comply with the following stipulations:
a) Anotice of _____ day(s)[47] shall be given to Party B in advance if Party A rescinds this contract;
b) Anotice of _____ day(s)[48] shall be given to Party A in advance if Party B rescinds this contract.
Article 15
(Compensation for rescission without just cause)
If Party A rescinds this contract without just cause, Party B shall be entitled to the compensation specified in paragraph 1 of Article 70[49] of Law no. 7/2008 “Labour Relations Law”.
Article 16
(Other specifications)[50]
______
Article 17
(Applicable laws)
1) With regard to items or circumstances not listed in this contract, if both parties have already made prior agreements which do not violate any laws or regulations, they should be executed based on the said prior agreements. However, if both parties do not have any prior agreement, it shall be governed by the current “Labour Relations Law”and “Minimum Wage for Cleaning and Security Employees in the Property Management Services” of the Macao SAR.
2) Should any items or circumstances specified in this contract be less favourable to Party B than those provided in other agreements between both parties, the terms of other agreements shall prevail.
3) Should any items or circumstances specified in this contract be more favourable to Party B than those provided in other agreements between both parties, the terms of this contract shall prevail.
4) Should any items or circumstances specified in this contract or other agreements between both parties contradict the current “Labour Relations Law” and “Minimum Wage for Cleaning and Security Employees in the Property Management Services” of the Macao SAR, the terms of the current “Labour Relations Law” and “Minimum Wage for Cleaning and Security Employees in the Property Management Services” of the Macao SAR shall prevail.
Article 18
(Final Provision)
This contract shall be made in duplicate, with one copy to be kept by each party, and become valid upon signature by both parties.
Party A or representative:Party B:
Name ______
Position ______
______
(Signature and stamp)(Signature)
Date:______Date:______
(day/month/year)(day/month/year)
1
[1]This contract shall not be construed to reduce or eliminate the working conditions which have existed prior to the date of entry into force of this contract if those working conditions are more favourable to Party B.
[2]According to paragraph 1 of Article 3 of the Minimum Wage for Cleaning and Security Employees in the Property Management Services, the minimum wage amount is MOP 6,240 a month, MOP 240 a day and MOP 30 an hour; such amount excludes overtime remuneration, 13th month pay or other periodic benefits of a similar nature.
[3]According to paragraph 3 of Article 3 of the Minimum Wage for Cleaning and Security Employees in the Property Management Services, the basic wage amount shall not be lower than five sixths of the minimum wage amount (for example: for monthly-paidemployees, the basic wage amount cannot be lower than MOP 5,200). Both parties may agree on meal allowance, family allowance, subsidies and commissions involved in exercise of functions and so forth; such remuneration, if being paid on a regular basis, shall be considered as constituting part of the basic remuneration of Party B (see paragraph 1 of Article 59 of the Labour Relations Law).
[4]The remuneration shall be paid in patacas (MOP), the legal tender (see paragraph 4 of Article 63 of the Labour Relations Law).
[5]Please select one option from the two provided.
[6]Both parties may agree that the remuneration shall be paid in a place other than the workplace, but shall comply with paragraphs 2, 3 and 5 of Article 63 of the Labour Relations Law.
[7]The remuneration may be paidin cash, by depositing into the account of Party B in a banking institution in Macao,or by a cheque of a banking institution in Macao, unless such methods involve serious difficulties for Party B in receiving the payment (see paragraph 5 of Article 63 of the Labour Relations Law).
[8]A pay slip must contain the following information: i) identification of Party A; ii) name and position of Party B; iii) beneficiary number registered in the Social Security Fund or any other numbers accorded to Party B under the law; iv) period to which remuneration corresponds; v) detailed items of remuneration; vi) deductions; vii) net receivables (see paragraph 6 of Article 63 of the Labour Relations Law).Please refer to ‘Pay Slip (Sample)’.
[9]The normal working hours shall not exceed eight hours a day (see paragraph 1 of Article 33), unless otherwise agreed by both parties (see paragraph2 of Article 33).
[10]The normal working hours shallnot exceed 48 hours a week (see paragraph 1 of Article 33).
[11]Party A is obliged to give Party B a break period of no less than 30 consecutive minutes, so that Party B will not work more than five consecutive hours. In addition, the above break period shall be counted toward the normal working hours if Party B is not allowed to be away from the workplace unconditionally (see paragraphs 3 and 4 of Article 33 of the Labour Relations Law).
[12]According to paragraph 3 of Article 3 of the Minimum Wage for Cleaning and Security Employees in the Property Management Services, the basic wage amount used to calculate the additional remuneration of overtime work/night work/shift work shall not be lower than five sixths of the basic wage amount (for example: if an employee whose monthly remuneration is MOP 6,240, then the basic wage amount cannot be lower than MOP 5,200).
[13]The circumstances and limits specified in the law refer to those specified in paragraph 2 of Article 36.
[14]The additional remuneration specified in the lawrefers to 50 percent of the normal remuneration (see paragraph 1 of Article 37).
[15]An additional period of paid rest entitled to Party B shall be based on the circumstances and forms specified in Article 38 of the Labour Relations Law.
[16]There must be a record attesting the consent (see paragraph 4 of Article 36 of the Labour Relations Law); please refer to “Overtime Work Agreement (Sample)”.
[17]The additional remuneration specified in the lawrefers to20 percent of the normal remuneration (see paragraph 2 of Article 37of the Labour Relations Law).
[18]Both partiesmay determinethe duration of a probationaryperiod, and shall comply with the following limits provided for its duration:
i)90 days for most employees (see subparagraph 1 ofparagraph 3 of Article 18 of the Labour Relations Law);
ii)180 days for employees whose work is of a highly technical nature or involves special qualifications, as well as for employees who hold leadership and management positions (see subparagraph 2 ofparagraph 3 of Article 18 of the Labour Relations Law).
[19]Both parties may agree in writing the length of a prior notice in the event of contract rescission during the probationary period, provided that the length of the notice shall be not exceed15 days in the case of rescission on the initiative of Party A (see subparagraph 1 ofparagraph 5 ofArticle 18, and subparagraph 1 of paragraph 3 ofArticle 72 of the Labour Relations Law).
[20]Both parties may agree in writing the length of a prior notice in the event of contract rescission during the probationary period, provided that the length of the notice shall be not exceedseven days in the case of rescission on the initiative of Party B (see subparagraph 1 ofparagraph 5 ofArticle 18, and subparagraph 1 of paragraph 3 ofArticle 72 of the Labour Relations Law).
[21]Unless otherwisespecified in paragraph 2 of Article 42 of the Labour Relations Law, Party B shall beentitled to a rest period of24 consecutive hours a week.
[22]The circumstancesspecified in the law refer tothose specified in paragraph 1 of Article 43 of the Labour Relations Law.
[23]The compensatory rest specified in the law refers to one day’s rest (see paragraph 2 of Article 43 of the Labour Relations Law).
[24]Please select the appropriate option fromthe two provided based on the calculation ofbasic remuneration as agreed by both parties.
[25]The additional remuneration specified in the law refers toone day’s basic remuneration (see subparagraph 1 of paragraph 2 ofArticle 43 of the Labour Relations Law).
[26]The additional remunerationspecified in the law refers toone day’s basic remuneration (see subparagraph 2 of paragraph 2 ofArticle 43 of the Labour Relations Law).
[27]There must be a record attesting the voluntary nature of the work performed on a weeklyrest day by Party B (paragraph 5 of Article 43 of the Labour Relations Law); please refer to “Agreement on Work on Weekly Rest Day (Sample)”.
[28]The compensatory rest specified in the law refers to one day’s rest(see paragraph 3 of Article 43 of the Labour Relations Law).