英文派遣協(xié)議實(shí)例

CONTRACT OF LABOR DISPATCH SERVICE

Party A:

Legal Representative:

Address:

Party B:

Legal Representative:

Address:

According to Chinese relevant laws and in consideration of the mutual covenants and agreements contained herein, the parties hereby reach the following contract concerning dispatched employee:

CHAPTER ONE DISPATCH AND BORROWING

Article 1 For the purpose of this Contract, "Dispatching" means Party A dispatches its employee who has employment relation with itself to work for Party B.

Article 2 For the purpose of this Contract, "Borrowing" means Party B borrows, subject to the terms and conditions contained herein, the employee who has employment relation with Party A to work for Party B.

Article 3 At the request of Party B, Party A dispatches its employees to work for Party B and Party B shall pay Party A the relevant borrowing fees accordingly.

Article 4 The relation between the Employee who is concerned in this Contract and Party A belongs to employment relation; the relation between the aforementioned Employee and Party B belongs to labor service relation. The working venue, position and working method of the Employee will be determined by Party B based on its business.

Article 5 The "Borrowing Fees" means the payment that Party B shall make to Party A, which includes:

(1) The wages of the Employee;

(2) The social insurance premiums and housing fund of the Employee;

(3) Other commercial insurance and welfares that Party A offers to the Employee;

(4) The management cost and operation cost of the dispatched Employee that Party A spends, which is not less than 5% of the total Borrowing Fees;

(5) Taxes and other expenses that Party A bears.

Article 6 The Name of the dispatched Employee, Working Position & Working Contents

CHAPTER TWO RIGHTS AND OBLIGATIONS OF PARTY A

Article 7 Party A shall assume the following obligations:

(1) To recommend the candidates at the request of Party B, and sign employment contract with the person who Party B decides to borrow or directly chooses.

(2) To educate the dispatched employee to observe the laws, decrees and relevant regulations enacted by the government of Party B.

(3) To educate the dispatched employee to observe the working system and policies of Party B and keep the business secrets of Party B in confidential.

(4) To pay the Employee wages and other remunerations he deserves from the borrowing fees.

(5) Shall pay the social insurance, housing fund and other welfares for the Employee according to the relevant laws after it receives the borrowing fees from Party B. The standards of the aforementioned contents will be subject to the terms and conditions of this contract and its appendixes, as well as the relevant rules and policies of Party A in relation with the welfares and reimbursement of medical treatment fees.

(6) To provide other services which are agreed by two parties.

(7) To accept the advices and suggestions provided by Party B, and improve its work accordingly.

Article 8 Party A shall enjoy the following rights:

(1) In some special situations when two parties cannot reach an agreement, Party A shall have the right to recall its dispatched employee, but a 30 days'prior written notice shall be made by Party A (except the dispatched employee is in the probation period) and shall be sent to Party B and the dispatched employee. Besides, Party A shall pay Party B compensation according to the following way.

The compensation payment shall be made based on the working time of the dispatched employee, which shall be one month's borrowing fee for each full year worked. Any period of less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the dispatched employee is recalled.

(2) Party A is entitled to bring forward its opinions in written when Party B violates this Contract or damages the legal rights of the dispatched employee. And Party B shall reply in written form within six (6) working days after it receives the aforementioned written notice made by Party A.

(3) Party A is entitled to terminate this contract at any time for no reason, and claim for compensation from Party B, if Party B fails to pay the dispatched employee's wages, or fails to pay the borrowing fees.

(4) Party A may offer assistance to Party B in asking the dispatched employee to take his liabilities, if the dispatched employee damages the legal rights of Party B.

CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B

Article 9 Party B shall assume the following obligations:

(1) To respect the custom, religion and belief of the dispatched employee, and not to make any discrimination.

(2) Shall provide the dispatched Employee with necessary working condition which is in accordance with the relevant statutes in relate to labor protection, and clarify the working position and job description to the dispatched employee. Also, Party B shall pay the social insurance premiums and housing fund for the dispatched employee. Otherwise, Party B will be responsible for the results arising therefrom.

(3) Party B practices the standard working hour system under which the employees shall work for no more than eight hours a day and no more than 40 hours a week. In case of special situation when Party B has to extend working hour, it shall pay the dispatched employee overtime pay.

(4) Shall provide the dispatched employee travelling allowance and other benefits, the amount of the aforementioned allowance and benefits will be determined by Party B.

(5) Shall guarantee that the dispatched employee can get rest and leave during the legal holidays. Shall also arrange one paid holiday for the dispatched employee whose borrowing period is on and over one year. How long the leave with pay of the dispatched employee is will be based on the regulations of Party B.

(6) Shall guarantee that the dispatched employee is entitled to have medical treatment period, and to receive sick wages and disease remedy during his medical treatment period.

The contents stipulated in Clause (3), (4) and (5) contained in this Article, can be determined by Party B and embodied in its Rules and Regulations of the Company, or is formed by another agreement reached and signed between the dispatched Employee and Part B. Such Rules and Regulations of Party B or agreement shall prevail, as long as they do not violate any laws, decrees or regulations of the state and has been already sent to Party A for record.

Article 10 Party B shall have the following rights:

(1) May decide the probation period of the dispatched employee based on the borrowing period:

①Where the borrowing period of the dispatched employee is less than six (6) months, the probation period may not exceed 15 days;

②Where the borrowing period of the dispatched employee is more than six (6) months but less than one year, the probation period may not exceed 30 days;

③Where the borrowing period of the dispatched employee is more than one year but less than three years, the probation period may not exceed 60 days;

④Where the borrowing period of the dispatched employee is more than three years, the probation period may not exceed six months.

Party B may terminate this contract during the probation period, however, it shall pay the borrowing fees during the probation period (including social insurance premiums and housing fund). The dispatched employee will automatically become regular dispatched employee after his probation is over, and the start time of the borrowing period shall be the start time of the probation period.

(2) During the borrowing period, Party B is entitled to dismiss the dispatched employee and terminate this contract, however, it shall make a 30 days'prior written notice to inform Party A and the dispatched employee, except otherwise the dispatched employee is in his probation period. In the meanwhile, Party B shall pay Party A the compensation fee in one lump sum according to the following ways:

The compensation fee shall be paid based on borrowing time at the rate of one month's wage for each full year. Any period of not less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the dispatched employee is returned to Party A. The compensation fee shall include the severance pay of the dispatched employee who is sent back by Party B.

(3) If the dispatched employee is returned by Party B by virtue of violating the laws, decrees and seriously violating the rules and regulations (which shall be public for the employee himself and Party A), after checking the opinion of Party A, Party B may inform the employee himself and Party A about its decision at any time and without any compensation.

(4) May sign the individual agreement with the dispatched employee, and send one copy to Party A for record. However, such agreement shall not violate a mandatory provisions of any law, administrative regulation, or terms and conditions of this contract.

(5) Party B is entitled to make written advices when Party A violates the terms and conditions of this contract, and make further negotiations. Party A shall reply Party B in written form within six (6) working days after it receives the notice made by Party B.

CHAPTER FOUR EXPENSES AND TERM OF PAYMENT

Article 11 Borrowing Fees is RMB________/month.

Article 12 Party B shall pay the monthly borrowing fee, compensation fee and additional year-end bonus before 20th of each month (if the dispatched employees are paid by Party B directly, then Party B just needs pay Party A the balance amount of the borrowing fees). After receiving the payment, Party A shall pay the dispatched employee before 6th of the following month.

In case that Party B delays payment, Party A is entitled to collect the surcharge at the rate of 1% of the amount due for every 10 days delayed. When the days overdue exceeds 30 days, then Party A is entitled to claim for RMB________as breach of contracts from Party B based on the specific situation, and terminates this contract or cancels this contract in the meantime. And such actions shall not be construed as breach of contracts. Besides, two parties will go through the relevant formalities.

Article 13 The Calculation Method for the Overtime Payment

Overtime on working days: Monthly wage÷21.75 days÷8 hrs×actual overtime×150%

Overtime on holidays: Monthly wage÷21.75 days÷8 hrs×actual overtime×200%

Overtime on legal public holidays: Monthly wage÷21.75 days÷8 hrs×actual overtime×300%

CHAPTER FIVE DISPUTES AND ARBITRATION

Article 14 Any disputes in connection with this Contract or the execution thereof shall be amicably settled through negotiations. In case no settlement can be reached between the two Parties, it shall be submitted to the court which has the jurisdiction to file a litigation.

Article 15 If there is any dispute happens between the dispatched employee and Party A (or Party B) in relate to the provisions stated in this contract concerning employment disciplines, wages, social insurance, the rights and obligations of the dispatched employee, it results in labor arbitration finally. In case that the outcome of such arbitration may have interests with another party, another party shall have the right and obligation to participate in the aforementioned arbitration.

CHAPTER SIX MISCELLANEOUS

Article 16 The services that Party A provides to dispatch employee are stipulated in Appendix 2, which is an integral part of this Contract.

Article 17 The undocumented issues shall be settled down according to state relevant regulations, or be resolved by the negotiations between two parties where there is no such regulation existing, or reach other appendixes agreed by the parties.

Article 18 In case that any new law, decree or regulation of the state is enacted, or there is any modification in the exercising statues, the parties may alter this Contract subject to the newly modified laws, decrees and regulations.

Article 19 This contract shall come into effect from________. And such valid period may be extended automatically as long as neither party puts forward any objection within one month before the expiration, and the extension period shall be as long as it contained herein.

Article 20 This Contract is made out in Chinese and English languages in duplicate, and both texts are equally authentic. Each party shall hold one original of both versions. In case of any difference between the two versions, Chinese version shall prevail.

CHAPTER SEVEN OTHER ITEMS AGREED BY TWO PARTIES

Article 21 Other items to be supplemented that need to be agreed by the two parties

Article 22 Other provisions to be modified or deleted that need to be agreed by the two parties

Party A: Party B

Authorized Rep.: Authorized Rep.:

The date of: The date of: