Contract For Foreign Labor Service And Matters Needing Attention

contract for foreign labor services

The contract for foreign labor service is concluded by the company (hereinafter referred to as the employer) and the company (hereinafter referred to as the employees).

In accordance with this agreement, the employer will employ the employee and the employee agrees to be employed by the employer to provide services and fulfil its obligations under the following work.

A. obligations and responsibilities: the two parties agree that the employee will be engaged in the job and perform the following duties.

B. deadline: this agreement is valid for the period of year, month and month.

C. working days and working hours: employees work weekly from week to week to week.

D. remuneration: employers agree to provide the following remuneration for employees' services:

1. dollars per hour.

2. every overtime (hour), the dollar will be settled every two weeks, the check will be paid.

3. other remuneration (dividends, commissions, etc.), amount and calculation method are as follows:

E. deduction: every time the salary is paid, the employer shall not deduct the employee's income except for the tax and social insurance premiums payable from the employee's remuneration, unless otherwise stipulated in this Ordinance and with the consent of the foreman or the director's agent.

Other deductions are (for the purpose and number of deductions):

F. the main job area: the main job of the employees is the "Lei".

However, in accordance with the nature of the employer's business, employers may also require employees to perform their duties within other districts without violating labour policies and regulations.

G. travel expenses: when the agreement expires or suspends (regardless of the cause of the suspension), the employer will take charge of the flight cost of the employee returning to the place of employment.

H. insurance and medical expenses: the employer should be responsible for the employee's medical insurance or bear all the medical expenses of the employee, including the referral and pfer fees outside the hospital. If the employee dies, the employer shall bear the cost of the body preservation and pportation to the original place.

I. notice of recent consanguinity: when an employee is seriously ill or dead, the employer should immediately notify his nearest blood relatives. The names and addresses of the nearest blood relatives of employees are as follows:

It is very popular.

J. accommodation and other: employers must ensure the following convenience:

1. (to mark or choose not to choose this), the employer provides accommodation, and the monthly fee is $.

(the same as above) the employer provides free accommodation.

(same as above) employees' own accommodation (with statement and rent agreement).

2. every day, the monthly charge is RMB yuan.

3. (ibid.) employees take care of their own meals.

4. (ibid.) commute to the employer to assign an underground car and free the fare.

5. (ibid.) allowance:

6. (ibid.) other:

K. other provisions: the following additional provisions apply to this Agreement: (formulation or additional work and accommodation rules, as well as employee behavior standards.

Each additional page must be signed by employers and employees.

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L. termination agreement: this agreement can be terminated according to the following provisions:

1. without any reason: a party should notify the other party in writing ahead of time, or rumen8.com- entry is the best introductory information website.

2. because of the failure of the director or his agent in trying to conciliation a dispute, the party shall notify the other party in writing of the dispute in advance.

(A) when the agreement is terminated, the employer shall pay the employee's salary before the termination of the agreement, and purchase a one-way ticket for his employee to return to the place of employment.

(B) any of the following clauses constitutes the reason for the termination of the agreement:

A. employees who have been absent from work without any reason and (or) have been late for work without any reason.

B. employees are negligent in their actions or fail to complete their tasks.

C. committed serious crimes or two or two minor offenders in the territory.

D employees give up their duties.

E. is incompetent or unqualified in terms of qualifications, technology, physical and mental aspects, and is unable to perform the duties stipulated in employment.

F. is particularly ill treated in material or other ways.

G. delays the payment of employees' wages without cause.

H. violates any provision of this Agreement;

I. other provisions:

M. dispute resolution:

All complaints and disputes arising out of this Agreement shall be as follows

Solve:

1. employees shall report to their administrators on all complaints or disputes arising from their employment. If the administrator is absent, they can report directly to the employer.

2. if the administrator can not solve the problem immediately, the administrator should write a complaint or dispute and write down the agreement paragraphs, laws or regulations that have been violated.

Managers should resolve grievances or disputes within five days, or write reasons why they do not think they have violated the rules.

In practice, I think we should pay special attention to the following ten points in foreign labor contract.

1. the basic situation of the labor force: sex, date of birth, place of birth, address, telephone number;

2. the obligations and responsibilities of the labor force, such as observing the laws and regulations of the country and the enterprise rules and regulations, observing social ethics, not slowing down, and not taking part time job and job hunting.

3. the obligations and responsibilities of employers, such as handling visas and residence permits for labor personnel, are responsible for the management of labor personnel, the procedures for providing accommodation, meals and so on.

There is an obligation to ensure the safety of labourers.

In view of past experience, special attention should be given to non discrimination, insult, corporal punishment, wage deduction and so on.

Four

Types of work and working hours.

The type of work should be marked at what jobs, such as the electrician of the electrical room or the maintenance electrician of the building lighting (because of the different wage types). The working hours, including the duration of employment, should be marked from when to when.

How many days per week and how many hours a day?

Generally, there is at least one day off every week.

According to international practice, workers should enjoy holidays during their holidays, such as national day, Christmas day and so on.

5. wages, allowances, allowances, wages, etc. should generally be kept equal to those of local workers, such as those in the country, usually based on time, on time, on a daily basis or on a monthly basis.

Workload is also calculated on the basis of work pieces.

If working overtime or night shift is outside work hours, the employer should pay overtime or night shift allowance.

The basic wage for labor workers should be paid by employers.

6. arrangements for holiday for foreign workers.

A person who has a contract period of more than one year can enjoy a certain period of time.

During the vacation, the employer only pays the salary without paying the allowance.

7. regulations on labor protection, labour insurance, work, sickness or death.

Due to the different nature of the work done by the labor force, labor protection has its professional characteristics. The contract should stipulate that the employer must provide places for safety production according to the relevant provisions of the host country and must pay labor protection fees or articles.

Such as helmet, gloves, filter sunglasses and so on.

During the period of work in the host country, the employer should provide the necessary medical treatment and purchase the necessary drugs if there are any diseases or work-related injuries.

Employers should provide personal casualty insurance to the labor force, so that the workers can receive timely and reasonable compensation when they are injured by accident, and the insurance premium is borne by the employer.

8., dealing with the interruption of contracts due to various reasons.

According to the seventeenth provision of China's foreign-related economic contract law, the parties must be able to terminate the contract when they have the tangible evidence that they can not fulfill the labor contract. The interruption of the contract should be specified in the labor contract. If the employer is responsible for the compensation, the workers shall not be less than three months' labor and the returning home ticket of the labor force shall be compensated.

9. compensation for breach of contract.

There are various forms of default. Generally, it can be divided into three categories, one is the employer default, the other is the labor breach, and the three is the breach of both parties.

Breach of contract will cause damage to the interests of the other party. In practice, most of the employers are in breach of contract. If they do not arrange labor work according to the work stipulated in the contract, they will change their jobs at will, and they will not pay overtime fees according to the regulations. If the workers' personality is insulted, the contract can not be fulfilled. Therefore, the contract should indicate the way of remedies for breach of contract and the way of compensation.

10. in the settlement of disputes, it should be noted in the contract how to resolve disputes after the occurrence of labor disputes, such as the arbitration and application law of a specific arbitration institution.

In addition, if there are disputes over foreign-related labor contracts, because there are foreign factors involved in the labor contracts, therefore, it is not always necessary to deal with foreign contracts, or to apply our laws.

It can be followed in practice: choose the applicable law by negotiation on its own; if foreign laws apply to the basic principles and social public interests of our laws, they can not be applied; instead, we should apply our laws. If consensus is reached, the provisions of the contract law applicable to the dispute settlement shall be expressly expressed in the contract; the laws that are most closely related to the contract shall be applied; generally speaking, the foreign labor contract shall be governed by the law of the place where the contract is applied.