Chinese And Foreign Contract For Labor Services
A: Party A: the company is a company.
Legal address: telephone, telegraph, telex)
Party B: China Ltd.
Legal address: telephone, telegraph, telex)
Article 1: according to the wishes of Party A, Party B agrees to send Chinese engineers, technical workers and administrative personnel (interpreter, chef) to work in the state of China. The specific number, type of work, length of service and monthly salary are shown in the annex of this contract. The annex is an inalienable part of the contract.
The second item: Party B's entry and exit procedures between China and the territory shall be handled by Party B, and the cost will be borne. Party B's entry and exit visas and the procedures for residence and labor permit required in the territory of the State shall be handled and borne by the Party A.
Third: 1. Party B pays the monthly salary to Party B in accordance with the provisions of this contract during the period of working in the state of the state.
2. Anyone who has worked for less than a month shall be calculated according to the following formula:
Less than a month's wages = monthly salary /30 days * working days (including Sunday and official holidays).
3. The above salary shall be calculated on the day of the arrival of Party B personnel on the date of departure from the date of the state.
4, Party B shall submit Party B's monthly wages, including overtime and list of goods, to Party A at the end of each month. Party A shall pay three of the amount listed in the list within three days from the date of the list, and wire it to the Bank of China, head office of the head office of the Bank of China, Beijing, China. At the same time, China's Economic Counselor's office at the Embassy of the people's Republic of China is notified in writing.
5, Party A will pay 25% of the wages and overtime fees of Party B to the currency of China, China, and to the economic counsellor of the Chinese Embassy in China.
The fourth item: Party A is responsible for the travel expenses of Party B from the company to the company, and is responsible for remit the cost to the above Party B account. Party B will return to the company from the airport, and the first party will provide tickets to Party B through the company. Party A shall be responsible for Party B's personnel only to limit or exceed the excess baggage charge, the weight of which is 20 kilograms.
Fifth: 1, Party A is responsible for the lodging fee of Party B personnel. Provide pportation from home to work site during work and overtime hours. Responsible for the medical expenses of state-run hospitals.
2, Party B's wages and overtime pay do not pay income tax.
3, Party A shall insure life insurance for Party B in the state insurance company of China. The premium is per person (currency and quantity).
4. Party A provides Party B with work clothes and tools for work.
5. The letter room provided by Party A includes water, electricity, air conditioning and necessary furniture, bed and bedding.
6. The living space of Party B personnel is as follows:
(1) group leaders, engineers, technicians and administrative personnel are 8--10 square meters.
(2) the remaining staff are 4--5 square meters.
7. Party A will provide Party B with Kitchenware and kitchen utensils for the purpose of cooking.
Sixth: 1. Party B works six days a week and works eight hours a day.
2. According to the requirements of the project and Party A's need for overtime work of Party B, overtime wages shall be calculated according to the following ratios:
Working overtime is 150% of daily wages.
Working overtime on Sundays is 200% of daily wages.
The seventh item is: 1, Party B enjoys seventeen days' holiday on Sunday holidays and official holidays.
2, Party B personnel enjoy thirty days' paid vacation each year. If Party B is unwilling to enjoy the above holidays or enjoy part of the days, Party A shall provide remuneration to Party B, whose wages shall be calculated according to the following method: monthly wages /30*, if the working days are counted.
Eighth: 1. According to the requirements of the general interest, Party A has the right to terminate this contract at any time. In this case, Party B shall enjoy three months' salary or the remaining period of this contract, but the shortest time shall prevail. Party B has the right to enjoy the return ticket.
2, stop work for reasons other than the wishes of Party B, such as power failure, water shortage and insufficient material supply. Party A will pay Party B's salary during stoppage. However, Party A has the right to work on other projects according to the need of work.
Ninth: in case of emergency (Party B dies in the country), Party A will receive an emergency leave of two months for the person in charge, and pay the remuneration to replace the general holiday. For more than two months, there is no salary, and Party B is responsible for the travel expenses.
If the emergency leave is over two months, Party B shall replace it within one month after the end of two months, and be responsible for the travel cost of the replacement.
Tenth: 1, Party B is sick or disabled due to work. Party A is responsible for paying medical expenses and wages in the two months. If Party B is not able to recover within two months, Party B shall be responsible for replacement. Within one month, Party A will be responsible for the travel and replacement of the injured passengers. Similarly, Party A will take various measures to compensate the injured person according to the provisions of the circular.
2, during the period of death, Party A shall handle all funeral expenses or cremation of the remains and the remains or ashes returned to all the aftercare costs. And the cost of baggage and belongings.
If he dies because of his work, he pays the pension to the family of the deceased according to the provisions of the law of the people's Republic of China. Eleventh: 1. Party B shall abide by the existing laws and regulations of the state in the period of service, shall keep confidential and do not divulge secrets, and shall not do harm to the interests of Party A during the period of its execution or after the end of the contract.
Party B should respect the local customs and habits.
2, Party A shall provide Party B's staff with the convenience of work, do not interfere with the freedom of social activities outside the working time and in the place of residence, respect the living habits of Party B personnel and good suggestions for the promotion of the work.
The twelfth item is: 1, the service period is the year of the year. From the point of the arrival of Party B's personnel, we will include the holidays enjoyed by Party B at home or abroad.
2. The contract shall come into force on the date of signature and valid for the year. Upon expiration, Party B's consent may be extended according to Party A's request.
3. When the contract is postponed, the monthly salary of Party B will increase by fifteen percent after the year of work.
Thirteenth: 1. During the period of work, Party A has the right to replace any person who is incompetent. Party B shall replace it one month after notification by Party A without any cost.
2, during the contract period, Party B will give up the work without authorization, and will not be treated as a ticket, but will be sick due to the execution of the work, except those with medical certificates.
3. During the signing or signing of this contract, any person who has already been in the contract will not enjoy the air ticket from the airport to the airport. However, Party A shall be responsible for the travel expenses from the railway station to the railway station at the end of the work.
4, Party A does not allow Party B to do private work or open business in any way outside of work.
Fourteenth: 1, from the beginning of work, a party to Party B to pay two months of advance payment, and repayment within four months.
2. After the arrival of Party B's personnel, the current travel allowance policy is applicable to Party B personnel.
Fifteenth: as a result of an earthquake, typhoon, flood, fire, war and other unforeseeable accidents that can not be prevented or avoided by its occurrence and consequences, which directly affect the performance of the contract or perform according to the agreed conditions, the Party of the accident shall notify the other party within fifteen days and give the valid certificate issued by the local notary office. After the decision is reached by both parties, the party concerned may be exempted from or partially relieved the responsibility for fulfilling the contract, and the supplementary agreement for remedial measures can also be agreed to put into effect.
Sixteenth: the two sides should strictly abide by the terms and conditions of this contract. Any one party or both parties shall be liable for breach of contract, and shall be responsible for compensation for all economic losses arising therefrom.
Seventeenth: in order to ensure the fulfillment of this contract and its annexes, the two sides shall provide mutually mutually beneficial bank guarantee, or negotiate other forms of guarantee.
Eighteenth: except for otherwise stipulated in the contract or by consultation with both parties, the rights and obligations of the parties hereto shall not be pferred to the third party without the written consent of the other party.
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