(Contract No. )
Full name of Party A: XX Foreign Economic and Trade Co.
Representative of Party A:
Name of Party B:
Sex:
Birthday:
Passport No.
Identity card No.
Residence address::
Wage account: China Construction Bank XX Branch
Wage account No.
Wage account No.
Wage account:
Wage account No. ：
工资账户：中国建设银行XX支行
工资帐号：
丙方全称：中国XX建设集团(马)有限公司巴贡2&3标项目经理部
丙方代表：
根据《中华人民****和國劳动法》及配套法规，为保障甲方、乙方和丙方的合法益益依法确定劳动关系。 Lawful rights and interests in accordance with the law to determine the labor relations, by A, B, C three parties of equal consultation, voluntarily signed this labor contract. Party A explains to Party B the employment requirements of Party C, job content, working hours, labor compensation, labor conditions, occupational hazards and their consequences, social insurance, rules and regulations, etc., Party B has carefully read this contract and agrees to implement it according to the relevant provisions of Party A and Party C.
I. Duration of the labor contract and place of work
The duration of this contract: Party B is willing to work according to Party C's work arrangement for a period of 20 months starting from the month of 2006. If there is a renewal of the contract, it will be negotiated separately by the three parties.
Place of work under this contract: Construction site of Bakong Hydropower Station, Sarawak, Malaysia.
The monetary unit of this contract is Ringgit Malaysia (RM). The exchange rate is fixed at RM1 to RMB2.15.
2. Production (Work) Tasks
1. Party A arranges Party B to work at the construction site in Bagong, Malaysia belonging to Party C according to Party C's production (work) needs.
2. Party B's specific work content shall be arranged by Party C.
3. Party B agrees and obeys the position, type of work and work arranged by Party C; Party C may adjust Party B's work position and work content.
4, Party B must follow the requirements of Party C's responsibility system regarding the production (work) tasks of this post, to ensure that the required production (work) tasks are completed in accordance with quality and quantity.
Three, production (work) conditions
1, Party C is responsible for Party B's production safety and various rules and regulations of education and training.
2. Party C implements national labor safety and health regulations and standards to ensure Party B's safety and health in the labor process.
3, Party B in the labor process, must strictly abide by the safety regulations, and Party C formulated labor safety and health and other rules and regulations, have to ensure the responsibility of production safety.
Fourth, the responsibilities of the parties
Party A's responsibilities:
1, Party A is responsible for Party B's physical examination, passport, visa and other related procedures, and bear the corresponding costs.
2. The laborers (Party B) provided by Party A to Party C shall have the following conditions:
1) aged 18-45, skilled laborers with junior high school education or above, machine operators and managers with high school education or above, physically healthy (qualified by physical examination) males, and professional and technical ability of Party B shall meet the requirements of Party C as far as possible.
2) Party A must arrange and organize Party B to participate in health checkups, outbound training and obtain the "Certificate of Qualification for Training of Expatriate Labor Service (Trainees)" valid for three years, and if the medical checkups or trainings are unqualified, the costs will be borne by Party B itself.
3) Party A must guarantee Party C that Party B's working time in Malaysia shall not be less than one year.
3) Party A must provide 1 on-site manager for every 100 laborers. Party A's management personnel will cooperate with Party C in the management of Party B's work site and be responsible for the management of Party B after leaving the work site.
4. Party A is responsible for the logistic support and management of Party B. Party A shall equip cooks according to the standard of 1 cook for every 100 laborers, and the wages of cooks shall be borne by Party A. The entry and exit fees and permit fees of the Chinese cooks shall be borne by Party C. Party A shall provide meals to Party B according to a reasonable standard, and the meal expenses shall be borne by Party B itself. If Party A mismanages the canteen and causes adverse consequences, Party C has the right to intervene until the management right of the canteen is withdrawn, and Party A bears all the losses arising therefrom.
5. Party A guarantees to Party C that Party B's formalities must be in accordance with the relevant state regulations.
6, Party A stationed at the site of Party C site management personnel must be stationed at the site, if you want to leave or replace the need to obtain the consent of Party C and bear the costs, or else 5000RM / time for deduction, the loss caused by Party A is responsible for.
Party B's responsibilities:
1. Party B must participate in the Malaysian safety training and obtain a certificate of competency, or else Party B will be responsible for the resulting losses.
2. If Party B is repatriated or applies for repatriation on its own during the working period in Malaysia, all the expenses shall be borne by Party B. If Party B is repatriated or applies for repatriation on its own during the working period in Malaysia, all the expenses shall be borne by Party B. Party B will be allowed to return to Malaysia only after paying for the work permit, security pass, insurance and other related expenses, as well as the transportation cost to Malaysia, and the return air ticket will be borne by Party B itself.
3. After coming to Malaysia, Party B should hand over the passport, work permit and other documents to Party C for safekeeping. If Party B goes back to his home country, he has to notify Party C one month in advance and get Party C's approval before getting his passport to go back to his home country.
4. During the period of Party B's stay in Malaysia, Party B shall obey the unified management of Party A and Party C.
5. Party B shall strictly carry out Party C's construction process and correctly operate the construction equipment and tools. If Party B has any quality accidents, Party C will analyze and evaluate the quality accidents according to the relevant quality management regulations, and then Party B will be punished by deducting a certain number of working hours, and Party B will be held liable for any serious cases.
6, Party B shall strictly abide by Party C's safety standard operation procedures and relevant safety management regulations. If Party B violates the relevant safety standard operating procedures and safety management regulations, Party C will be in accordance with the relevant safety management regulations, Party B will be penalized by deducting a certain number of working hours, and the seriousness of the situation will be in accordance with the relevant laws and regulations to pursue Party B's responsibility.
7, Party B shall not do anything that will damage the image of Chinese people during the working period in Malaysia, and consciously abide by the local laws and regulations, otherwise, Party B will be responsible for the consequences caused by Party B, and all the expenses shall be borne by Party B.
Party C's responsibilities:
1. Party C will assist Party A in handling Party B's normal entry and exit, and Party C will bear the transportation cost of entry and exit, and Party C will bear the transportation cost if Party B is prevented from entering and repatriated by Malaysia Customs after arriving at Malaysia Airport. Party C shall arrange Party B to go home to visit his family and bear the transportation cost according to the production needs after Party B has worked continuously at the site in Bagong, Malaysia for 24 months. The transportation cost refers to the road fee from Changsha City to Party A's workplace and accommodation fee (if any).
2. Party C is responsible for organizing Party B to participate in local safety training and bear the cost of work permit for qualified personnel and the cost of safety training and other related expenses.
3. Party C will provide Party B with appropriate accommodation and other conditions:
1) accommodation room with electricity and ceiling fan, the accommodation standard is bunk beds for 8 people or containerized housing for 7x2 people;
2) canteen with complete water and electricity facilities, and other canteen utensils will be borne by Party A;
3) transportation to the construction site;
4) provision of safety equipment; and p>4) Provision of safety and protective equipment and labor insurance products equivalent to those for regular employees;
5) One set of bedding for each person;
6) On-site communication: two cell phone numbers and one walkie-talkie will be provided, and the telephone expenses will be borne by Party A.
4, Party C is responsible for Party B's work arrangements and management at the work site, if Party B does not obey Party A's reasonable arrangements, or the labor attitude is not good, Party C, after consulting with Party A, can take warning, deduction of working hours, fines until dismissal of Party B. If Party B does not obey Party A's reasonable arrangements, or labor attitude is not good, Party C can take warning, deduction of working hours, fines until dismissal. If Party B is dismissed, he/she shall be allowed to return to his/her home country only after he/she pays the expenses related to work permit, safety permit, insurance cost and transportation cost to/from Malaysia (which shall be shared proportionally according to the actual working hours of the laborer), and he/she shall bear his/her own air ticket for his/her return trip.
5. Party C assigns someone to sign Party B's daily attendance record and conduct on-site assessment, and is responsible for the accounting and payment of labor costs.
V. Payment of labor remuneration
1. Unit rate for hourly work: RM6/hour from Monday to Saturday, the time is counted according to the actual working hours of Party B. If the working hours per day exceeds ten hours, then the exceeding time will be counted as overtime work, and if overtime work is performed, the overtime time will be counted according to the actual working hours, and the unit rate of the working hours will be RM9/hour. If you work on Sundays or other holidays (meaning 10 days of China's national holidays), all the time will be calculated as overtime, and the time will be calculated according to the actual working hours of Party B on that day, and the unit rate of working hours will be calculated according to MYR12/working hour. Party C will make monthly settlement for Party B's laborers in a timely manner, and the settlement time is the same as Party C's internal settlement time. Party C will pay RM600/person to Party B's laborers every month at the place of work, and the balance of the salary in RMB will be paid by Party C to Party B's laborers in the aforesaid salary account in a timely manner. Party C shall not pay the salary to Party B's laborer after 3 months, if more than 3 months, Party C shall pay 0.5% of the salary of Party B's laborer for the current month as monthly interest to Party B's laborer.
2. The unit price of the job workers who work irregular hours: RM1400/month, (water pump workers, generator workers, canteen cooks and other job types), and the working hours are 12 hours/day. Their daily wage rate is monthly wage/30.5 days.
3, if party B's work ability is outstanding, party C can be based on the actual needs of the project site construction organization and management of party B will be promoted to foreman and foreman, the specific matters by the A, B, C and the three parties to negotiate separately.
4. Calculation of the number of working hours: calculated according to the arrival of the laborers at the workplace to carry out the designated work start to stop working, but does not include meals and rest time. If it rains in the morning before going to work, Party A can notify Party B not to do the work before 7:00 a.m., and Party A will not be responsible for the lost labor cost caused by it. If it rains in the process of going to work and the whole shift can't be done, it will be calculated according to 4 hours per person, and if it exceeds 4 hours, it will be calculated according to the actual working time.
VI. Labor Insurance and Welfare Benefits
1. The maximum medical period for Party B due to illness or non-work-related injury is one month. During the period of out-of-work medical treatment, with the certificate of diagnosis from the hospital, Party C will pay the sickness and injury leave benefit at RM9.5 per day. If the period exceeds one month, Party A shall be responsible for sending Party B back to China if it is proved by Bintulu Hospital that Party B is not capable of working in Malaysia, Party C shall provide the air ticket to Changsha, and Party A shall be responsible for the other expenses and the arrangement of the follow-up expenses. If Party C suffers any loss of work permit, Party C will deduct it from Party B's salary according to the number of months that Party B has worked.
2. Party B enjoys the same labor insurance treatment of site operation as Party C's regular employees, and enjoys the right to participate in Party C's selection of advanced personnel according to the ratio of personnel, and the amount of the bonus for advanced personnel is the same as that of Party C's regular employees.
3. Party C will provide Party B with personal accident insurance with a maximum coverage of RMB 200,000 per person (capitalization: RMB 2,000,000), and the beneficiary of the insurance will be the policyholder. If Party B suffers from work-related injury or personal accident during the insurance period, Party C will be responsible for claiming compensation from the insurance company, and the remaining portion of the compensation after deducting the medical expenses and other related expenses incurred by Party C will be handed over to Party B or his/her relatives. Party A and Party C shall not bear any other expenses.
If Party B is injured at work and is certified by the hospital that he/she cannot continue to work, Party C shall pay his/her sick pay at the rate of RM1,152 per month during the period of treatment, and if he/she is still unable to work for more than three months, Party A shall be responsible for sending him/her back to his/her home country, and Party C shall provide him/her with an air ticket for his/her return to Changsha.
During the contract period, if the laborer dies of illness or accident, Party A will assist Party C to deal with the body according to the relevant laws of the host country, such as cremation, and Party A will be responsible for sending the ashes and relics to the hands of Party B's family members and assisting the family members to deal with the aftermath of the incident.
4, Party B's working hours for three consecutive months shall not be less than 576 hours, if Party C causes Party B to be unable to work, resulting in Party B's total working hours for three consecutive months is less than 576 hours, on the premise of Party B to comply with the Party C's other work arrangements, the Party C will be paid to Party B at the rate of RM1,152 per person per month guaranteed salary. If you are unable to work due to your own reasons, the number of hours you are unable to work due to your own reasons shall be deducted from the calculation of the number of hours worked and the guaranteed salary.
5. When the contract expires and the three parties agree to extend the contract locally, after Party B has worked for Party C for 24 consecutive months at the site of Bakong, Malaysia, Party B can apply for family leave and report to Party C for approval, and Party C will grant Party B a leave of absence according to the production tasks at the site, and Party B must unconditionally comply with the arrangements of Party C. Party B will be responsible for the family leave of Party C, and Party B will be responsible for the family leave of Party C. Party C shall be responsible for the traveling expenses of Party B's approved family leave (round trip from site to Changsha).
Seven, labor discipline
1, Party C establishes and improves the rules and regulations and implements them according to law.
2. Party B must abide by laws, regulations, labor discipline and rules and regulations formulated by Party C according to law.
3, Party C has the right to reward and punish Party B according to laws, regulations and rules.
4. During the period of contract performance, Party B must obey Party A and Party C to arrange reasonable work, and shall not have any form of passive idleness as well as striking behavior, otherwise, it will be dealt with according to the breach of contract.
5. When Party B needs to take leave on site for any reason, it must ask Party C for leave in advance and get permission before taking leave, and the leave shall not exceed 4 days per month and cannot be accumulated.
6, Party C has the right to fine, warning and other penalties for Party B's laborers in the following cases:
Late arrival/early departure: less than half an hour according to half an hour, more than half an hour less than an hour according to an hour, more than 2 hours late, do not enjoy the treatment of overtime hours of the same day, the hours of work according to the actual hours of work.
Warning: every written warning, deduction of 4 hours of the day's work hours, do not enjoy the day's overtime hours of treatment. If there are more than 3 warnings in a month (including 3 warnings), one day's salary (8 hours) will be deducted, and Party C has the right to dismiss the employee, and Party B will bear all the expenses incurred.
Suspension of work: each suspension of work for a minimum of 1 day, a maximum of 3 days. Each work stoppage will be counted from the announcement of the day, and there will be no working hours during the days of work stoppage. If there are more than 2 stoppages in a month (including 2 times), one day's wages (8 hours) will be deducted, and Party C has the right to dismiss the employee, and all the expenses incurred will be borne by Party B.
Absenteeism: If you are late for work/leave early for more than 4 hours without informing Party C in time and getting approval, you will be regarded as absent from work for the whole day without working hours. If the absenteeism exceeds 5 days in a month (including 5 days), one day's salary (8 hours) will be deducted, and Party C has the right to dismiss the employee, and Party B will bear all the expenses incurred.
Party C will not commit to the guaranteed salary for those who are penalized due to the above reasons (or the relevant regulations supplemented by the site in the future) until the salary is penalized to zero in that month.
VIII. Termination, Change, Renewal and Cancellation of Labor Contract
1. The labor contract will be terminated upon expiration of the term of this labor contract or upon the occurrence of the conditions for termination of the labor contract agreed by the three parties.
2, this labor contract in the effective period due to significant changes in production and management work, by the consensus of the three parties can change the content of the contract or terminate the labor contract.
3, the labor contract is close to the termination of the period, by the consensus of the A, B, C, within 30 days before the expiration of the contract to renew the labor contract.
4, Party B has one of the following circumstances, Party A and Party C may terminate the labor contract:
1) in the use of the period of time proved to be incompatible with the conditions of employment;
2) serious violation of labor discipline or serious violation of Party A and Party C regulations established by law;
3) disobedience to the Party A and the Party C's work arrangements or to avoid the work arrangements of Party A and Party C for various reasons. Party A's and Party C's work arrangements;
4) leaking Party A's and Party C's commercial secrets, causing significant impact or economic loss;
5) engaging in a second career during the contract period on the grounds of illness, personal leave, work injury, long leave, etc.
6) being expelled, removed from the workforce, dismissed from the workforce, educated through labor, and being investigated for criminal responsibility in accordance with the law (the labor contract will be terminated by itself).
5. Party A and Party C may terminate the labor contract in any of the following cases, but Party B shall be notified in writing seven days in advance:
1) Party B, after the expiration of the medical treatment period for illness or injury not caused by work, is still unable to engage in the work or to engage in the work to be separately arranged by Party C;
2) unable to do the work, and cannot be put on the post after training and examination, or cannot be put on the post after adjusting the work by Party C or does not obey the arrangement;
3) the original labor contract can not be fulfilled due to significant changes in the objective situation based on which the labor contract was concluded, and no agreement can be reached on the change of the labor contract through the negotiation between Party A, Party B and Party C;
4) the labor contract can be terminated as stipulated by the laws and administrative regulations.
6, Party B has one of the following circumstances, Party A and Party C shall not terminate the labor contract:
1) illness or work-related injury within the prescribed medical period;
2) other circumstances stipulated by national laws and administrative regulations.
7. Party B shall notify Party A and Party C in writing of the termination of the labor contract thirty days in advance, but Party A and Party C may be notified of the termination of the labor contract at any time if one of the following circumstances exists:
1) Party A or Party C forces the labor to be performed by means of violence, threat, or unlawful restriction of personal freedom;
2) Party C fails to pay the remuneration for the labor as agreed in the labor contract or provide labor conditions.
9. Other contents agreed upon by Party A, Party B and Party C
1. Party B must pay a performance bond of RM1,000 to Party C. If Party B is not able to pay the bond, Party C will deduct RM1,000 from Party B's monthly income at the rate of RM100 per month until the full amount of RM1,000 has been deducted; after the expiration of the contract period, Party C shall return the performance bond to Party B in full, without interest, within 10 days after the expiration of the contract period. After the expiry of the contract period, Party C shall return the full amount of the performance bond to Party B within 10 days after the expiry of the contract period without interest.
2. If Party B terminates the labor contract in breach of contract, Party B shall bear all the losses caused to Party A and Party C (loss of medical checkup, training, visa, travel expenses, work permit and related expenses, personal income tax guarantee, etc.) and be repatriated to China.
3, Party A in Party B before going abroad for pre-departure ideological and moral education and skills training, Party C on Party B before going on duty for professional and technical training and labor discipline, safety, legal system, professional ethics, and other rules and regulations of the entry education;
4, Party B in this contract can not be allowed to enter into a labor contract with another employer during the period of the contract without the permission of Party A and Party C, or else according to the above nine, (ii) above.
5. Party B owes Party A and Party C any money, Party A and Party C have the right to deduct from Party B's income, and if it is still insufficient, Party A and Party C have the right to recover it through law.
6, Party C has the right to the actual situation of the future site of Party B's work in accordance with the number of completed projects for settlement, the purpose of which is not only to ensure the timely completion of the project undertaken by Party C to avoid the phenomenon of passive laziness, but also to encourage the active work of the laborers can be more work more pay. After a, b, c three **** with the consultation and sign the relevant agreement, the three parties according to the negotiated quantitative standards that the unit price of the work to be settled, the relevant hours and unit price terms no longer apply.
Ten, the responsibility of violating the labor contract
Any violation of the provisions of this contract, in addition to legal responsibility, should be based on the responsibility and economic loss, according to the relevant rules and regulations of economic compensation.
Xi. Handling of Labor Disputes
Labor disputes arising from the performance of this contract, the parties concerned may apply for mediation to the Labor Dispute Mediation Committee of the unit; if the mediation fails to work out, the parties concerned may file for arbitration in Changsha City, and the result of the arbitration shall be binding on the three parties.
XII. Others
1. The rules and regulations formulated by Party C in accordance with the law are annexed to this contract.
2. Matters not covered in this contract shall be carried out in accordance with national laws and regulations and relevant policies.
3, this contract in triplicate, A, B, C, each party to sign a copy. It will be effective after the signatures and seals of A, B and C until the termination of the contract and the completion of the payment.
Party A:
Party B:
Party C: