Model Of Labor Dispatch Contract

Model of labor dispatch contract

First party:

Legal representative:

Address:

Telephone:

Fax:

Postal Code:

Party B:

Legal representative:

Address:

Telephone:

Fax:

Postal Code:

In accordance with the relevant laws of the People's Republic of China and based on the principle of equality and mutual benefit, Party A and Party B have reached the following agreement on the assignment of employees to Party B by friendly negotiation.

Chapter 1: dispatch and borrowing

The first is sending the nail party to the work of Party B who has established labor relations with Party A according to the contract.

The second part refers to the behavior of Party B's seconding from Party A to Party B in accordance with this contract.

Third party a sends Party B to Party B according to the requirements of Party B, Party B shall pay the loan fee to Party A according to the contract.

The fourth is that the employee and Party A are labor relations and are Party B's labor relations.

The location, position and manner of the employees shall be determined by Party B according to their business needs.

The fifth fee refers to the cost of Party A's borrowing from Party A.

(1) pay employees' wages.

(two) pay the social insurance and housing provident fund expenses of employees.

(three) Party A provides commercial insurance and welfare expenses for the dispatched employees.

(four) Party A's expenses for the management of the dispatched employees, operating costs and corporate taxes.

Sixth, the names, employment duties, borrowing fees and composition of Party A's dispatched personnel are stipulated in Annex 1, and Annex 1 is an inalienable part of the contract.

The second chapter is Party A's obligations and rights.

Seventh Party A shall bear the following obligations:

(1) according to the requirements of Party B, a person shall be recommended to sign the contract for the dispatch of employees with the personnel directly decided by Party B's decision to borrow or Party B.

(two) education dispatched staff to comply with People's Republic of China laws, regulations and regulations.

(three) education dispatched staff to observe Party B's work system and keep Party B's business secrets.

(four) pay the wages and earned income of the dispatched staff from the loan fees.

(five) after Party B pays the borrowing fee, the social insurance, housing provident fund and welfare expenses of the dispatched employees shall be borne according to law. The specific implementation of the contents of the welfare and medical insurance shall be carried out in accordance with the provisions of the contract and its annex, Party A's welfare benefits and the reimbursement of medical expenses for the dispatched employees.

(six) provide the staff with the services identified in Annex 2 to the dispatched staff.

(seven) listen to the opinions and suggestions of Party B and constantly improve the work.

Eighth Party A enjoys the following rights:

(1) in case of exceptional circumstances, Party A and Party B can not reach an agreement, Party A has the right to withdraw the dispatched employee and terminate the contract, but should inform Party B and dispatched staff in written form 30 days ahead of time (except for the dispatched employees during the probation period). Meanwhile, Party A pays the compensation to Party B in the following ways:

The dispatch time is one year, the compensation fee is one month's borrowing fee, and the less than one year is calculated by one year.

The compensation fee is calculated on the basis of the withdrawal fee of the employee being withdrawn for the month.

(two) Party A has the right to make written representations to Party B in violation of the relevant provisions of the contract or to damage the legitimate rights and interests of the dispatched employees.

Party B shall reply to Party A in written form within 6 days after receipt of Party A's written opinions.

(three) if Party B fails to pay the wages or borrowing fees of the dispatched staff without any reason, Party A may terminate the contract without any conditions at any time and recover the expenses owed to Party B.

(four) if the dispatched employee infringes upon the lawful rights and interests of Party B, Party A may assist Party B in investigating the employee's related responsibilities.

The third chapter is Party B's obligations and rights.

Ninth Party B shall bear the following obligations:

(1) respecting the different customs and religious beliefs of the dispatched staff, and not discriminating the dispatch of employees.

(two) to provide the dispatched staff with workplaces and conditions consistent with the relevant labor protection regulations of the Chinese government, determine their jobs and work contents, and provide social insurance and housing accumulation fund fees for dispatched employees according to law.

Otherwise, the consequences will be borne by Party B.

(three) the implementation of standard working hours of no more than 8 hours a day and no more than 40 hours a week. If the employees are sent to extend their working hours in special circumstances, Party B shall pay overtime pay according to law.

(four) the provision of travel allowance for the dispatched staff shall be decided by Party B.

(five) to ensure the statutory holidays for sending employees.

A paid vacation is arranged for employees who have been in charge for more than one year (including one year), and the number of days for specific leave shall be executed according to the provisions of Party B.

When sending a worker to marry, Party B shall give a marriage leave for 3 days according to the relevant regulations. If he belongs to a late marriage, he shall give another 7 days of late marriage.

(six) to send sick or non injured workers, they should enjoy medical treatment according to the state regulations.

During the medical treatment period, Party B shall distribute the sick leave and sickness relief fees to the dispatched employees according to the state regulations, but the minimum is not less than 80% of the minimum wage in the society.

During the pregnancy, childbirth and lactation period, Party B shall not lower its basic salary, but the female employee shall provide a valid doctor's certificate.

If a female worker is pregnant for less than four months, Party B shall give maternity leave from 15 days to 30 days according to the medical department's certificate. If she has been pregnant for more than four months, she will give 42 days' maternity leave, and her wages will be released during the period of abortion.

(seven) it is not necessary to terminate or terminate the borrowing relationship between the female employees during pregnancy, childbirth, and lactation, as well as the sick or non injured workers in the prescribed period of medical treatment.

(eight) the borrowing relationship between dispatched employees who have been identified as completely or partially disabled by the labor appraisal commission shall not be relieved of their occupational diseases or injuries due to work injuries.

(nine) if a worker is sent to a sick or non injured worker for medical treatment, the labor appraisal committee confirms that he can not engage in the original work or be disengaged from the work arranged by Party B. Party B shall pay the medical subsidy to the Party A in accordance with the sixth provision of the Ministry of Labour's "economic compensation for breach and dissolution of labor contracts" (Ministry of labour [1994]481).

(ten) urge staff to comply with the tax regulations promulgated by the Chinese government and pay personal income tax according to law.

(eleven) supervise and dispatch staff to handle relevant legal work documents during the borrowing period, formulate rules and regulations of Party B in accordance with Chinese laws and regulations, and educate employees to obey the law and discipline.

(twelve) Party B should inform Party A 15 days in advance for business need to move to the new office address, so as to facilitate business contacts.

(thirteen) Party B should notify Party A 15 days in advance for cancellation of the contract, so as to terminate the contract in time.

(fourteen) if an employee dispatched a resignation to Party B, he should notify Party B in writing 30 days in advance, but he may resign during the probation period.

Party B shall notify Party A in written form after receiving the notice.

Otherwise, Party A will calculate the expiration date according to the day when Party B receives the written notice.

(fifteen) to insure the insurance company for the loss of the motor vehicle and the third party liability insurance.

If Party B fails to insure and dispatched the employee to drive a motor vehicle traffic accident, the responsibility for the accident shall belong to the dispatched employee, and Party B shall compensate the loss.

The contents of items (three), (four) and (five) specified in this article shall be specified by Party B in the form of rules and regulations, and may also be specified in the form of agreement with the dispatched employees.

As long as they do not violate national laws and regulations and send them to Party A for filing, they shall be based on rules and regulations and agreements.

Tenth Party B enjoys the following rights:

(1) the probationary period can be prescribed for the employees who decide to borrow, and the probation period should be determined according to the borrowing period.

1. the period of probation is less than 6 months, and the probation period is not more than 15 days.

2. the probationary period shall not exceed 30 days if the loan period is less than 6 months or less than 1 years.

3. the probationary period shall not exceed 60 days if the loan period is less than 1 years or less than 2 years.

4. the period of probation is longer than 6 months if the period of borrowing is more than 2 years.

During the probation period, Party B has the right to terminate the probation for those who do not meet the requirements, but the borrowing fee for the probation period (including social insurance and housing accumulation fund) shall be paid.

When the probation expires, the dispatched employee will automatically turn to the formal dispatching employee, and the borrowing period will be counted from the date of trial.

(two) during the period of borrowing, there is the right to dissolve the dispatched employee and to terminate this contract. However, 30 days ahead of time, Party A and dispatched employees shall be notified in writing.

When the time of sending the employee is one year, the compensation fee is one month's borrowing fee. The part of less than one year is calculated according to one year.

The compensation fee shall be calculated according to the borrowing fee paid by the dispatched employee to the first month of the month.

The compensation fee includes the economic compensation for the dispatched employee to be relieved from the labor contract.

(three) if a dispatched employee is relieved from borrowing for violation of Chinese laws, regulations and serious violation of the provisions of Party B (which should be publicly disclosed to the dispatched employee and Party A), Party B may inform Party A and dispatch the employee at any time after soliciting the opinions of Party A, and may not pay the compensation fee.

(four) an individual agreement can be signed separately with the dispatched employee as an appendix to Party A's labor contract with the dispatched employee, but the agreement shall not violate the relevant laws and regulations of the People's Republic of China and the contents of this contract.

(five) Party B has the right to make written comments and negotiations on Party A's violation of the relevant provisions of the contract.

Party A shall reply to Party B in written form within 6 working days after receipt of Party B's written opinions.

The fourth chapter is cost and settlement.

The eleventh part of the contract involves the borrowing fee, the dispatch staff list, the borrowing time and the payment method. It is stipulated in Annex 1 to this contract.

Twelfth Party B shall pay the party's monthly borrowing fee, compensation fee and year-end additional wages to party a 20 days before that month. (B directly pays the wages of the dispatched employees, the other part of the borrowing fee must be paid to Party A before the end of the month). After receipt of Party A, Party A will pay the wages of the dispatched staff on the 6 th of the month.

The above cost is paid by 1% plus 10 days per day.

In case of overdue 30 days, Party A claims to claim liquidated damages for breach of contract, and terminates or terminates this contract, and it is not a breach of contract. The two parties have to go through the corresponding formalities.

The thirteenth calculation method of overtime and additional cost is:

Work day plus fee = monthly salary 20.92 days, 8 hours * actual increase time 150%;

Rest days, paid holidays, overtime pay = monthly wages 20.92 days, 8 hours * actual overtime time 200%;

Statutory holidays, overtime pay = monthly wages 20.92 days, 8 hours * actual overtime time 300%;

The fifth chapter: dispute and arbitration.

Article fourteenth in the performance of this contract, if disputes arise between Party A and B, disputes should be settled through friendly negotiation.

If no settlement can be reached after consultation, it may be submitted to a people's court having jurisdiction.

Article Fifteenth Party A (or Party B) has disputes with the dispatched employee in the labor dispute and labor dispute in the contract, such as labor discipline agreement, employee wages, insurance and so on. If the result of dispute is related to Party B, Party B has the right and obligation to participate in arbitration.

The sixth chapter

The sixteenth part is that the service provided by Party A for the dispatched staff is stipulated in Annex 2, and Annex 2 is an inalienable part of the contract.

Seventeenth matters not covered by this contract shall be dealt with by the state according to the provisions of the state, and the State shall be settled by consultation between Party A and Party B, or the contract annex shall be stipulated separately.

In the performance of the eighteenth contract, if the terms and conditions of the contract must be amended due to the newly promulgated laws, regulations and rules of the Chinese government, the new laws, regulations and rules that are newly promulgated shall prevail.

The nineteenth contract shall come into force on the date of the expiration of the year. The validity period is within one month before the expiration of the contract. If neither Party A and B have raised any objection, the period of validity shall be extended, and the period of extension shall be the same as that of this contract.

The twentieth contracts are written in Chinese and English respectively, each of which has two copies, each containing one Chinese text and one copy of the text. The two versions have the same legal effect.

When there are contradictions between the two texts, the Chinese version shall prevail.

The seventh chapter is about other matters agreed by both parties.

Twenty-first, the two sides agreed to increase the content.

Twenty-second, the two parties agree on the terms of this contract that need to be amended or deleted.

Party A:

Signature: Signature: Signature:

The year is full.