How To Formulate The Contract For Labor And Technical Services At Home And Abroad
Party A: * * * company's legal address: * * * (telephone, telegraph, telex)
Party B: legal address of China * * company: * * * (telephone, telegraph, telex)
Article 1
In accordance with Party A's wishes, Party B agrees to send Chinese engineers, technical workers, administrative personnel (interpreter, chef) to work in * country. The specific number, type of work, length of service and monthly salary are detailed in the annex (omitted) of the contract. The annex is an integral part of the contract.
Second article
Party B shall be responsible for handling the entry and exit procedures for Party B's entry and exit in China, and bear the cost thereof. Party A shall be responsible for the processing and payment of Party B's entry and exit visa and the residence and labor permit required in the territory.
Third article
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 country.
2. Party B whose work is less than one 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 when Party B arrives on the day of the date of departure.
4. at the end of each month, Party B will submit Party B's wages, including overtime and list, to Party A. Party A will pay three of the amount listed in the list within three days from the date of the list. It will also be sent to the Bank of China's head office of the Beijing Bank of China on the same day's price.
5. Party A shall pay 25% of the monthly wages and overtime fees of the Party B in the form of * * country currency, and remit it to the Economic Counselor's office of the Embassy of China in the XXX bank account.
Fourth article
Party A is responsible for Party B's travel expenses from * * to * *, and is responsible for remit the cost to the above Party B account. Party B is returned from * * * by Party A to provide Party tickets to Party B by * * airline. Party A is responsible for Party B's personnel only to go to or return to the one-way luggage overweight, the weight is 20 kg.
Fifth article
1. Party A is responsible for the lodging fee of Party B personnel. It provides pportation from residential area to construction site during working hours and overtime hours. It is responsible for the medical expenses of state-run hospitals.
2. Party B's wages and overtime pay are not paid.
Income tax
.
3. Party A shall insure life insurance for Party B in the X national insurance company. The premium is per person (currency and quantity).
4. Party A provides Party B with tools for work clothes and work needs.
5. housing provided by Party A including water, electricity, air conditioning and necessary furniture, bed and bedding.
6. the living space of Party B personnel is as follows: (1) group leader, engineer, technician and administrative personnel are 8 to 10 square meters;
(two) the rest of the staff are 4, 5 square meters.
7. Party A provides Party B with drinking utensils for kitchens and tableware for their own meals.
Sixth article
1. Party B staff work six days a week and work eight hours a day.
2. according to the need of work, Party A needs the overtime pay of Party B when calculating overtime pay according to the following proportion:
Working overtime is 150%. for daily wages.
Week holiday overtime for the daily wage of 200%.
Seventh article
1. Party B is entitled to seventeen days of Sunday holidays and official holidays.
2. Party B shall enjoy thirty days' paid vacation every year. If Party B is not willing 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 methods: monthly wages /30 days * holiday working days.
Eighth article
1. according to the general interest, Party A has the right to terminate this contract at any time. In this case, Party B shall enjoy the wages within three months or the remaining period of this contract, but the shortest time shall prevail. Party B shall have the right to enjoy the return ticket.
2. Party A shall pay the wages of Party B during the period of stoppage, except for the reasons other than the wishes of Party B, such as power failure, water shortage and insufficient material supply.
Ninth article
In case of emergency, Party A shall pay two months' emergency leave to any person who has been killed by Party B in writing, and pay to Party A instead of a general holiday. If there is no salary within two months' time, Party B will be responsible for the travel expenses.
For an emergency leave exceeding 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 article
1. Party A shall be responsible for paying medical expenses and all wages within two months if Party B is sick or disabled due to work. If Party B fails to recover within two months, Party B shall be responsible for replacement. Within one month, Party A shall be responsible for the traveling expenses of the injured person and the travel expenses of the replacement party.
Provide for the injured
compensate
Various measures.
2. during the period of Party x, if Party B dies, Party A shall handle all the funeral expenses or cremation of the remains and all the aftercare costs of the remains or ashes.
If he dies because of his work, he pays the pension to the family of the deceased according to the provisions of the protection law of the state.
Eleventh article
1. Party B shall abide by the existing laws and rules and regulations of * * during the period of * * service, keep confidential, do not divulge secrets, and do not do harm to the interests of Party A during the period of its execution or after the contract is concluded.
2. Party A shall provide Party B personnel with convenient work, do not interfere in the freedom of social activities outside their working hours and in the place of residence, respect the habits and customs of Party B, and make good suggestions for promoting work.
Twelfth article
1. the period of service is x years. From the point of view of Party B's arrival, it includes the holidays enjoyed by Party B at home or abroad.
2. the contract shall come into force on the date of signing, and the validity period is x years. Upon expiration of the contract, Party B may extend the contract upon the request of Party A.
3. when the contract is postponed, the monthly salary of Party B will increase by fifteen percent.
Thirteenth article
1. during the period of work, Party A has the right to replace any person who is incompetent. Party B shall replace it within three months after notification by Party A without any cost.
2. during the contract period, Party B will give up the work without authorization, but will not be treated as a ticket.
3. during the period of signature or signature of the contract, Party B has not enjoyed the ticket from * to * x, but Party A shall be responsible for the travel expenses from * * to * * 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 article
1. from the beginning of work, Party A will pay two months' advance payment to Party B and repay it within four months.
2. Party B's current travel allowance is applicable to Party B when Party B arrives at * *.
This contract is signed on 19 months and days.
Jia Fang Yi Fang
Delegate:
Position: Duty:
Signature and signature
Fifteenth article
As an earthquake, typhoon, flood, fire, war, and other force majeure accidents that cannot be foreseen and 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 by cable, and submit the valid certificate issued by the local notary office. After the two sides have negotiated the decision, they shall be exempted from or partially relieved the responsibility for performing the contract, and a supplementary agreement for remedial measures can also be agreed to put into effect.
Sixteenth article
Both parties shall strictly abide by the terms and conditions of this contract, and any party or both parties shall be liable for breach of contract, and shall be responsible for compensation for all economic losses arising therefrom.
Seventeenth article
In order to guarantee this
contract
The performance of the annex shall be provided by both parties, and other forms of guarantee shall be provided by mutual guarantee.
Eighteenth article
Except as otherwise stipulated in the contract or through consultation between the 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.
Nineteenth article
Both parties have a confidentiality obligation on the contents and implementation of the contract.
Twentieth article
In case of major changes, the two parties may negotiate amendments to supplement or even terminate or terminate this contract, but will not affect the parties' claim for damages and the effect of contracts on the settlement of disputes clauses. [Page]
Twenty-first article
Any dispute arising from the execution of this contract or any matter relating to this contract shall be settled through friendly negotiation between the two parties. If no agreement can be reached, arbitration shall be conducted in the defendant country according to the arbitration rules of the arbitration agency of the defendant country. The arbitration decision is final and binding on both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization.
Twenty-second article
Party A assists Party B to hire a local lawyer as Party B's legal adviser in the execution of the contract, so as to assist and instruct Party B in performing the contract and settling disputes, and the cost shall be borne by Party A.
Twenty-third article
The applicable law of this contract shall be subject to the entity law of third countries agreed by the two parties, with reference to the relevant international conventions and international conventions.
This contract is written in Chinese and X. two languages are equally authentic. The original contract is two copies, each party holding one copy and several copies.
This contract is signed on behalf of both authorized representatives of Party A and Party B in 19 * * * * *.
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