Article 1 2020 Labor Outsourcing Contract Sample
Party A: (hereinafter referred to as Party A)
Party B: ID number: (hereinafter referred to as Party B)
Based on the principle of equality and mutual benefit, Party A and Party B have reached the following agreement (hereinafter referred to as the “Agreement”) through friendly consultations on labor cooperation matters (hereinafter referred to as the “Project”):
< p> 1. Service location:2. Labor fee:
The labor fee is tentatively set at RMB/day (uppercase: RMB), hereafter referred to as the labor fee).
Labor fee Included are: accommodation expenses, living expenses, domestic water and electricity expenses, labor accident insurance premiums, and all force majeure expenses, etc.
3. Labor service period:
Party B’s labor service period is tentatively scheduled to be months. (Performed according to the requirements of Party A’s construction schedule) If the project construction period needs to be extended due to Party A’s request and written approval, the labor service period can be postponed, and Party A will settle and pay the labor fees according to the facts during the postponement period; except for the aforementioned reasons Party B shall be solely responsible for any extension of the project construction period and labor service period.
IV. Party A’s rights and obligations:
1. Responsible for the overall management of Party B’s labor, and responsible for supervising Party B’s labor progress, production quality, construction period, safety, and civilized production;
2. Responsible for communicating, coordinating and handling daily affairs with the supervision and design unit of the project;
3. Responsible for the final review of the labor workload provided by Party B, every day Party B and its employed workers (hereinafter referred to as "workers") shall be paid monthly labor fees based on the actual number of days of attendance.
4. Responsible for providing technical guidance, civilization and safety production education to Party B and the workers it employs;
5. Responsible for providing Party B with production materials, production sites, production water and electricity (The cost will be borne by Party B)
6. Provide complete construction drawings and be responsible for handing over the drawings.
5. Party B’s rights and obligations
1. Party B must cooperate with and obey the management of Party A’s project department, obey the coordination of on-site personnel assigned by Party A, and have the obligation to cooperate with supervision and design. The management work of the unit, quality and safety supervision departments;
2. Party B is responsible for regularly educating its employees on production safety and civilized construction; it is directly responsible for the safety of its employees;
< p> 3. Party B is responsible for training the workers it employs on site equipment operating procedures and production processes, and ensuring the implementation of operating procedures and production processes;4. Party B is responsible for handling work-related injury insurance and personal accident injuries for its employed workers Insurance;
5. Party B shall provide Party A with a list of labor workers and a copy of their ID card (submit the original for verification) 2 days before the labor workers enter the production site, as the basis for Party A to issue basic labor fees;
VI. Payment method:
(1) The labor fee for the actual attendance shall be paid before the 10th of each month;
(2) Party A pays to the contract After the labor fee reaches 80% of the project price, no more labor fees will be paid. The project payment will be paid to 95% of the settlement price within 30 days after the settlement is confirmed by both parties after the project and Party A pass the acceptance, and 5% will be retained as warranty deposit. The warranty period is 2 years , subject to the completion report.
9. Dispute Resolution Clause
If a dispute arises between Party A and Party B during the performance of this Agreement, they should first try to resolve it through negotiation. If negotiation fails, either party shall submit a dispute to the jurisdiction of Party A’s location. A lawsuit was filed in court.
10. Other terms:
1. This agreement and its performance do not constitute proof of the labor relationship between Party A and Party B’s workers. Party B directly manages the workers under the guidance of Party A. , any disputes arising from workers’ wages, personal losses, etc. shall be handled by Party B by itself. If Party A directly or indirectly bears relevant responsibilities, Party A has the right to seek compensation from Party B;
2. This Agreement is in one form Two copies, one held by Party A and one held by Party B, will be officially effective from the date of signature by both parties or the signature of the authorized representative. This agreement will automatically become invalid until the settlement of the labor services provided by Party B is completed.
The attachment to the agreement includes a copy of the ID card of Party B’s representative.
Party A (stamped): __________________ Party B: __________________
Representative (signature): ______________ID card number: ____________________ < /p>
_________year________month_______day_________year_______month_______day
Part 2 2020 Labor Outsourcing Contract Sample
< p> Party A: xxxxxxLegal representative or authorized agent: _______________
Mailing address: __xxxx
Postal code: __
Telephone __
Party B: Name __________ Gender _________
Resident ID number ____________________ Date of birth _________year______month______day
p>Home address _______________________________ Postal code _ Register of residence _______ Province (city) _______ District (county) __________ Street (township) Correspondence address
Article 1 This Agreement It shall take effect on _____month_____day of _______year and terminate on _____month____day of _______year.
Article 2 The content and requirements of the labor services undertaken by Party B are:
Article 3 The method of providing labor services by Party B is:.
Article 4 Party A shall pay Party B 1,000 yuan in service fees (in capital letters: One Thousand Yuan)
Article 5 Party B shall provide Party B with labor services in accordance with Articles 2 and 3 of this Agreement. The content, requirements and methods provide Party A with services, and Party B is also willing to undertake the agreed services.
Article 6 Party B has the obligation to keep Party A’s business secrets. The commercial secrets that Party B has the obligation to protect mainly include:
Article 7 The standard and method for Party A to pay Party B for labor remuneration: __bank transfer or Alipay____.
Article 8 Party B shall pay personal income tax of RMB 40 (in capital letters: 40 Yuan) in accordance with the law, and Party A shall withhold the payment on his behalf in accordance with the law.
Article 9 This agreement will be terminated if one of the following circumstances occurs:
1. The expiration of this agreement;
2. Both parties negotiate to terminate this agreement Consistent;
3. Party B is unable to perform its obligations under this Agreement due to health reasons.
4. The contract is suspended due to force majeure.
Article 10 If Party A and Party B unilaterally terminate this agreement, they only need to notify the other party one week in advance.
Article 11 After the termination or rescission of this agreement, Party B shall hand over the relevant work to Party A within one week, and attach a written explanation. If any losses are caused to Party A, Party B shall compensate Party A.
Article 12 If this Agreement is terminated or terminated in accordance with Articles 10 and 11 of this Agreement, both parties will not pay liquidated damages to each other.
Article 13 Any dispute arising out of or related to this agreement shall be submitted to the Beijing Municipal People's Court for arbitration. The arbitration award is final and binding on both parties.
Article 14 The mailing addresses of Party A and Party B in this contract are the fixed mailing addresses used by both parties. If there is any dispute between the two parties during the performance of this agreement, or even arbitration, this address shall be the legal address of both parties. . If the mailing address of one party changes, the other party should be notified in writing immediately. Otherwise, the party at fault will be held responsible for the communication difficulties caused by the two parties.
Article 15 This contract is made in two copies, with Party A and Party B each holding one copy.
Party A (seal): ____________________Party B:_________________________
Representative (signature):____________________ ID number:____________________
_________year_ _______ month _______ day _______ year _______ month _______ day
Part 3 2020 Labor Outsourcing Contract Sample
China Shipping Mariner Foreign Technical Services Co., Ltd. ( Party A) and the employed crew member ____ (Party B) regarding the matter of Party A dispatching Party B to _____ company ______ for a rotation of _____, both parties voluntarily sign a labor contract as follows:
Article 1 , Obligations of both parties
1. Party A’s obligations
a. Responsible for signing a labor assignment agreement with the shipowner, responsible for explaining this assignment contract to Party B, and explaining the nature and content of the work. Protect the legitimate rights and interests of Party B during the assignment.
b Responsible for handling the relevant procedures for sending Party B to work on foreign ships. Responsible for handling Party B’s foreign documents. *The fee shall be implemented according to the contract signed between Party A and the shipowner or its manager.
C has absolute leadership over Party B and is responsible for supervising Party B’s behavior during the dispatch period.
2. Obligation to visit
A is in good health and has the qualifications of a qualified ocean-going crew member that meets Party A’s requirements.
B will absolutely obey the leadership of Party A, agree to and obey the labor dispatch agreement signed between Party A and the shipowner or its manager, and agree to and strictly perform the provisions of this contract.
C Comply with the rules and regulations of the ship owner or manager of the ship he serves, and obey the instructions of superior crew members. Comply with international regulations and take responsibility for personal actions.
D must have seaman's certificate, passport, crew service book, crew professional training certificate, competency certificate (officer) and other relevant documents. All documents must comply with the requirements of the China Maritime Safety Administration for seafarers. Responsible for providing other supporting materials and photos required by Party A (at your own expense).
Article 2. Contract term and contract performance
1. The term of this contract is ___ months (while on board). The start and end dates of the contract shall be based on the agreement signed between Party A and the shipowner or its manager. During the contract period, Party B shall not leave the ship without authorization to terminate the service.
2. Party B’s request to resign due to any personal reasons during the contract period will be deemed as a breach of contract. The resulting disembarkation transportation expenses will be borne by Party B, and all contract bonuses will be withheld.
3. If Party B encounters a spouse or immediate relative who is critically ill or is mourning, Party B must obtain Party A’s consent before leaving the ship early. Party A and Party B are each responsible for half of the transportation, food and accommodation expenses for disembarkation.
A When this contract expires, if the ship is underway or docking at an inconvenient port, the contract will automatically extend until the ship reaches a port where the crew can leave the ship. If the ship is in a port far away from China when the contract expires and cannot arrive at the Far East port until several months later, Party B is obliged to continue to perform the contract until the ship returns to a port in the Far East that is convenient for disembarkation.
If Party B is unable to continue working on the ship due to work-related injury or illness, and has a doctor’s certificate, or due to ship problems or force majeure reasons, the contract will be automatically terminated from the date of disembarkation.
C During the period of this contract, Party B will be dispatched to work on other ships according to the shipowner’s arrangements. Party B shall obey the arrangement and this contract will continue to be performed.
Party B’s working hours on board the ship are 8 hours/day, seven days a week. When overtime work is required due to work on board, Party B shall not refuse for any reason unless approved by the captain (the first mate and second engineer shall arrange, lead and supervise the work of the crew every morning).
Article 3. Treatment of Party B
1. During the contract period, the foreign wage system will be implemented, and the foreign currency wage standards will be implemented in accordance with the standards in paragraph 2 of this article of this contract.
2. Party B’s salary standard during the contract period (calculated in US dollars): a=b+c
A’s total contract salary: _USD____ (USD ____ yuan)/ Month
B Contract bonus: ___USD____ (USD____ yuan)/month.
C’s actual monthly salary: USD____ (USD____ yuan)/month
3. Party B’s contract bonus will be temporarily kept by Party A during the performance of the contract. , after Party B completes the contract, Party A will return it together (without interest) on behalf of the shipowner or its manager. If Party B breaches the contract, part or all of the contract bonus will be withheld as appropriate according to the provisions of the contract.
4. Party B’s transportation, food and accommodation expenses for boarding and disembarking due to normal performance of the contract (referring to Party B’s notification from the actual place of residence to the assembly point and return to the disembarkation port in China to the actual place of residence) shall be as per Party A’s The standards specified by Party A shall be borne by Party A.
4. Party A and Party B have a labor service relationship. During the contract period, Party B's other welfare benefits and family members' living issues in the country have nothing to do with Party A.
Article 4, Breach of Contract
1. During the contract period, Party B violates the provisions of the shipowner or Party A or the national foreign affairs disciplines, such as drinking, causing trouble, fighting, dereliction of duty, Party A has the right to deduct part or all of Party B's contract bonus if the employee is deported due to inactivity, unreasonable troubles, disobedience to instructions, or incompetence. At the same time, it has the right to recover from Party B other economic losses caused to Party A.
2. When Party B is criminally punished or fined for smuggling, drug trafficking, drug abuse, prostitution or violation of the laws and regulations of the place where the ship docks, Party B shall bear the criminal liability and the fine shall be borne by Party B. Party A has the right to deduct all contract bonuses from Party B and recover from Party B the economic losses caused to Party A.
3. Party B fully agrees to the salary standards stipulated in this contract, and will not make any request to any organization regarding crew salary issues during the contract period, nor will it accept any organization or the shipowner or manager under its influence. Additional compensation paid. For remuneration other than contract wages that are required by international organizations to be paid by the shipowner or manager, Party B is obliged to return the remuneration in full to the shipowner or manager. In case of violation of this provision, Party A has the right to deduct this amount from Party B's contract bonus, and reserves the right to recover from Party B any other economic losses resulting therefrom.
Article 5, Labor Protection and Insurance
1. Party B shall enjoy the same labor protection rights as other crew members on the ship during the contract period. Party A shall issue Party B work clothes or work clothes expenses according to the shipowner's regulations.
2. Party A guarantees that the shipowner or its manager will provide Party B with personal accident insurance during the contract period. If Party B is injured or killed due to work during the contract period, Party A is responsible for claiming from the shipowner or its manager the insurance money paid by the insurance company in accordance with regulations, and all of it shall be delivered to Party B or Party B’s legal heir (or designated beneficiary). If Party B is hospitalized due to work-related injury or illness during the contract period, the medical expenses will be paid by the shipowner or its manager. Party A is responsible for urging the shipowner or its manager to implement the provisions of the contract.
3. Party A shall not misappropriate compensation for work-related injuries or deaths paid to crew members; Party B shall also not ask for compensation from Party A that exceeds the compensation standard of the shipowner or its manager.
4. During the period when Party B is on the ship, due to the sudden onset of a potential disease or the recurrence of an old disease that Party B intentionally conceals, the treatment fee during the period of Party B’s stay on the ship shall be in accordance with the provisions of the contract signed between Party A and the shipowner or its manager. , Party A is no longer responsible for the treatment costs after another attack.
5. Party A has nothing to do with any illness or accidental physical or mental injury that occurs to Party B before boarding the ship and after the termination of the contract.
6. If Party B suffers or discovers the following diseases during the contract period, Party B shall be responsible for the medical expenses: various sexual diseases, AIDS; dental implants; various chronic diseases that Party B has suffered from before boarding the ship. Bo_
Article 6. Supplementary terms agreed upon by both parties
Article 7. Others
1. This contract shall be concluded on ___ month_ of _____ year Signed in ____ on ___, in two copies, one each for Party A and Party B, with equal validity.
2. Party A has the right to interpret this contract. _
3. If a dispute arises between Party A and Party B, it should be resolved through negotiation. If negotiation fails, the matter may be submitted to the China Maritime Arbitration Commission for arbitration. The arbitration shall be final.
Party A (seal): ____________________Party B:_________________________
Representative (signature):____________________ ID number:____________________
_________year_ _______month_______day_________year_______month_______day