Labor Contract for Dispatched Personnel 1 Name of Party A (Dispatching Unit):
Domicile:
Legal representative (entrusted agent):
Contact telephone number:
Name of Party B (employing unit):
Domicile:
Legal representative (entrusted agent):
Contact telephone number:
According to the Labor Contract Law of People's Republic of China (PRC) and other laws and regulations, Party A and Party B enter into this Agreement through equal consultation and promise to abide by it together.
I. Term of Labor Dispatch Contract
Party A shall dispatch _ _ _ _ _ _ _ _ _ employees according to the requirements of Party B..
Second, the dispatch and change of labor service personnel
(1) The laborers dispatched by Party B to Party A must meet the following conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) Party A is responsible for organizing labor dispatch according to the above conditions. Once the labor dispatch personnel are confirmed, Party A and Party B shall draw up the list and post of labor dispatch personnel, and sign and seal it as an annex to this agreement. If Party A and Party B change the dispatched workers according to the agreement, the list and post of the dispatched workers shall be revised accordingly, and shall be signed and sealed by both parties for approval.
Three. Standard and settlement of service fee
(I) Service fee standard: Party B shall pay Party A the service fee at the rate of RMB per person per month, including the wages of workers dispatched by Party A, various social insurance fees and other expenses.
(II) Time and method of settlement: Party B shall pay this month's labor fee to Party A's account in a lump sum by bank transfer before _ _ _ every month.
Four. Rights and obligations of Party A
(1) If Party B violates this Agreement, defaults on all payable expenses, violates the labor security policy, and damages the legitimate rights and interests of the labor dispatch personnel, Party A may negotiate with Party B according to law, ask Party B to continue to perform its obligations, and claim compensation from Party B according to the actual losses.
(2) Party A can learn about Party B's use of labor dispatch personnel through various forms, and Party B shall cooperate; Party A shall cooperate with Party B in the management of labor dispatch personnel and assist Party B in educating labor dispatch personnel to abide by relevant laws, regulations and rules and regulations formulated by Party B according to law.
(3) Party A shall sign a fixed-term labor contract with the labor dispatch personnel for more than two years according to law.
(4) Party A shall pay the wages of the labor dispatch personnel on a monthly basis in the form of legal tender, and shall not deduct or default without reason. Party A shall implement the minimum wage.
(V) Party A shall handle various social insurances for the labor dispatch personnel according to the relevant regulations of the State and Sichuan Province.
Verb (abbreviation of verb) Rights and obligations of Party B.
(1) If the dispatched worker falls into any of the circumstances specified in Items (2), (3) and (6) of Article 39 and Items (1) and (2) of Article 40 of the Labor Contract Law, Party B may return the worker to Party A and has the right to request Party A to re-dispatch qualified workers.
(2) Party B has the right to inquire about the wages and social insurance premiums paid by Party A to the dispatched workers. If there is any illegal phenomenon, Party B may negotiate with Party A to correct it according to law, and Party A shall compensate Party B for the losses caused thereby.
(3) Party B shall not send the dispatched workers to other employers, otherwise, Party A has the right to terminate the contract and demand Party B to compensate for the losses.
(IV) Party B shall pay the labor service fee to Party A in full and on time as agreed in this agreement, and shall not breach the contract.
(V) Party B shall perform the following obligations to the labor dispatch personnel:
1. Implement national labor standards and provide corresponding working conditions and labor protection;
2. Inform the dispatched workers of their job requirements and remuneration;
3. Pay overtime pay and performance bonus, and provide post-related benefits;
4. Provide necessary training for on-the-job labor dispatch personnel;
5, continuous employment, the implementation of normal wage adjustment mechanism.
Alteration, rescission and termination of intransitive verb contract
(1) Both parties shall * * abide by the terms of this agreement. During the performance of this agreement, neither party may change or dissolve this agreement without the consent of the other party; If one party is unable to continue to perform this agreement due to changes in laws, regulations and related policies or force majeure, it shall promptly notify the other party, and both parties may modify or terminate this agreement through consultation.
(2) This Agreement may be terminated after its expiration.
Seven. any other business
(1) Party B shall use labor dispatch personnel in temporary, auxiliary and alternative work. The identification of "three-sex" jobs shall be carried out in accordance with the relevant provisions of the state and Sichuan Province.
(2) Party B shall determine the dispatch period with Party A according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
(III) During the performance of this agreement, if the relevant contents of this agreement are inconsistent with the newly promulgated laws and regulations of the state, the new laws, regulations and policies shall prevail.
(IV) Annexes to this Agreement have the same effect as the text, and matters not covered shall be agreed in writing by both parties after consultation.
(5) This Agreement is made in duplicate, each party holds one copy, and it will come into effect after being signed and sealed by both parties.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2 Labor Contract of Party A's dispatched personnel:
Party B:
Party B entrusts Party A to provide labor service personnel for work needs _ _ _ _ _ _ _ _ _ _ _ _. In order to clarify the rights and obligations of both parties, this contract is hereby signed through consultation between both parties.
The first general rule
Party B shall determine the conditions for recruiting personnel according to the needs of employing people. Those who pass the examination and examination by Party B shall be sent to work for Party B with the post of _ _ _ _ _. Party A is responsible for handling the employment procedures.
The labor term of Party B and the laborers is one year (the probation period of the laborers in the labor employment unit is 15 days). The term for Party A to send laborers to work in Party B: from _ _ _ to _ _ _ _. After the expiration, if Party B needs it, both parties shall renew the labor dispatch contract within 30 days before the expiration.
Article 2 Labor relations
Party A shall establish labor relations with laborers, sign labor contracts and participate in various social insurances according to law.
Party B shall provide Party A with relevant materials that meet the requirements of signing a labor contract in accordance with the provisions of the Labor Law on the necessary clauses of the labor contract.
Article 3 Labor protection, labor laws and regulations and labor discipline
(1) The working hours and overtime hours arranged by Party B shall comply with laws and regulations. Party B shall pay overtime wages in accordance with the law if it arranges the workers to extend their working hours, arrange the workers to work on public holidays but cannot arrange compensatory holidays, or arrange the workers to work on legal public holidays.
(2) Party B shall provide necessary working conditions and labor protection for the workers, and formulate operating rules, work norms and labor safety and health systems.
(3) Party B is responsible for educating the laborers on professional ethics, business technology, labor safety, labor discipline and Party B's rules and regulations.
(4) Workers shall obey the management of Party B and abide by the rules and regulations formulated by Party B according to law. Party B shall manage the labor discipline, education, training and assessment of the laborers in a unified way with the on-the-job employees.
(V) Party A shall sign a labor contract with the employee in quadruplicate, and Party B shall supervise the employee to perform the labor contract and timely feedback the employee's performance to Party A.. Party B shall provide practical guarantee for Party A to strictly perform the labor contract.
(6) Party B must ensure that workers perform their duties at their posts. If Party B falsely takes up the post for the laborers afterwards, and the laborers do not go to work for a long time under the pretext of their posts, all the consequences arising therefrom shall be borne by Party B. ..
(VII) Party B shall designate a special person to be responsible for the coordination with Party A, so that both parties can cooperate closely and effectively establish a long-term and effective return visit mechanism. Party A shall pay regular return visits to manage and make good use of the laborers.
Article 4 Wages
(1) The monthly wage standard of the laborers during their work in Party B shall be determined by Party B. The wage standard and welfare benefits shall be implemented according to Party B's specific regulations, but not lower than the minimum wage standard in Hefei.
(2) Party B shall pay the wages of the laborers to Party A through the bank before _ _ _ _ _ _ _ _ _.
(3) Party B shall be responsible for the attendance of the laborers, and provide Party A with the attendance and leave certificates of the laborers in the last month before _ _ of each month. The deduction of absenteeism wages shall be implemented according to Party B's regulations.
(4) The wages of the workers shall be paid by Party A to the workers themselves on _ _ _ of the following month, and Party A shall not deduct or default the wages of the workers without reason.
(5) If the wages of workers are deducted or defaulted without reason, the responsible party shall bear all consequences.
Article 5 The employing unit terminates its employment.
(1) Under any of the following circumstances, Party B may return the laborer to Party A at any time, and Party A shall handle the procedures for the dissolution of the labor contract.
1, proved to be unqualified for employment during the probation period;
2. Serious violation of labor discipline or Party B's rules and regulations;
3. Party B seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to the interests of Party B;
(2) Under any of the following circumstances, Party B may require Party A to notify the employee in writing 30 days in advance and return the employee to Party A, and Party A shall go through the formalities of dissolving the labor relationship:
1, incompetent, still incompetent after training or job adjustment;
2. The employee is sick or injured non-work-related, and cannot engage in the original job after the medical treatment expires;
3. The objective situation of Party B's employment of workers has changed greatly, and Party A cannot reach an agreement on changing the labor contract after consultation with the workers;
4. Party B terminates the labor relationship with the employee through negotiation;
5. Party B's production and operation conditions meet the national regulations on layoffs.
Party A shall, in accordance with the provisions of the state, give economic compensation to the above-mentioned workers listed in this paragraph who are dismissed by Party B..
(3) Under any of the following circumstances, Party B shall not dissolve the labor relationship according to the provisions in Paragraph (2) of this article:
1, suffering from occupational disease or work-related injury and confirmed to have lost or partially lost the ability to work;
2. Illness or non-work-related injury within the prescribed medical treatment period;
3. Other circumstances in which the labor contract cannot be terminated or dissolved as stipulated by laws and regulations.
Article 6 The laborers are dismissed.
(1) In any of the following circumstances, the labor service personnel may notify Party B to terminate the labor relationship at any time, and Party A may go through the formalities for terminating the labor contract;
1, during the probation period;
2. Party B forces labor by threatening violence or illegally restricting personal freedom;
3. Party B fails to entrust Party A with the payment of labor remuneration as agreed, or fails to provide working conditions as agreed.
(2) If the employee terminates the labor relationship in ways other than (1) 1, (2) and (3) above, he shall notify Party B in writing 30 days in advance, and Party B shall go through relevant procedures and notify Party A, except that the economic losses caused by the employee to Party B have not been dealt with or are under review due to other problems.
Article 7 Termination of Employment
If the term of the labor contract signed between Party A and the laborers expires and Party B no longer uses it, Party B shall return the laborers to Party A, and Party A shall go through the formalities of terminating the labor contract for them.
Article 8 Handling of labor disputes
(1) Party A and Party B shall strictly abide by labor security laws and regulations, effectively protect the legitimate rights and interests of workers, and do a good job in labor dispute prevention.
(2) Any labor dispute between the employee and Party B at work shall be settled through consultation between Party B and the employee. If negotiation fails, Party B and the employee shall apply for dispute arbitration according to legal procedures.
Article 9 Liability for breach of contract
(1) During the term of this agreement, if either party violates this agreement and causes losses to the interests of the other party, the breaching party shall bear the economic compensation responsibility and legal responsibility.
(2) Workers have caused economic losses to Party B due to violation of regulations or dereliction of duty. During Party B's work, the laborer shall be responsible for it, and Party A shall not be jointly and severally liable.
Article 10 Other matters agreed by both parties.
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Clause 1 1
Term of the agreement: from year to year.
Article 12 Supplementary Provisions
(1) If this Agreement conflicts with the relevant provisions of the state, province and city, the relevant provisions shall prevail.
(2) This Agreement shall come into force as of the date of signing.
(3) This Agreement is made in duplicate, with each party holding one copy.
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3 Labor Contract for Personnel Dispatched by Party A (Employer):
Address:
Telephone:
Legal representative:
Postal code:
Name of Party B (Employer):
Gender:
Date of birth:
Education level:
ID number:
Contact telephone number:
Current address:
Postal code:
Household registration location:
Postal code:
Party C:
According to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and relevant regulations, Party A employs Party B as a labor dispatch worker and dispatches Party B to work (hereinafter referred to as Party C). Through equal consultation, both parties agree to sign and perform the terms listed in this contract.
I. Term of Labor Contract
1. The term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The probation period is _ _ _ _ _ _ _ months, which will take effect from _ _ _ _ _ _ _.
Second, the work content and work place
When Party A delivers Party B to Party C _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Third, working hours and rest and vacation.
According to Party C's work arrangement, Party B implements _ _ _ _ _ _ _ working hours system (standard working hours system, comprehensive working hours system and irregular working hours system). During the contract period, Party B enjoys the right to rest and vacation stipulated by the state.
Four. Labor protection and working conditions
Party C shall provide Party B with qualified labor protection conditions and necessary working conditions, and Party B shall strictly abide by all safety operation procedures of Party C. ..
Verb (abbreviation of verb) labor remuneration
1. The probation wage agreement is _ _ _ _ _ _ _ yuan/month; After the probation period expires, the monthly salary is above RMB _ _ _ _ _ _ _ _, and the bonus shall be paid by Party A according to the regulations of Party C;
2. Party B's salary, bonus, overtime pay on statutory holidays, salary payment under special circumstances and increase or decrease of various subsidies and allowances shall be implemented in accordance with relevant laws, regulations, rules and policies and rules and regulations formulated by Party C according to law;
3. Party B's salary and bonus distribution list shall be provided by Party C and compiled and distributed by Party A on its behalf;
4. Monthly salary shall be paid before 15, and in case of rest days and holidays, it shall be paid in advance.
Six, labor discipline
Party B shall strictly abide by relevant laws, regulations, rules and policies, abide by the national employee code and various specific internal management systems formulated by Party C according to law, and obey management.
Seven. Conditions for alteration, dissolution and termination of labor contracts
1. If Party B is returned to Party A by Party C under any of the circumstances specified in Article 39 of the Labor Contract Law of People's Republic of China (PRC), Party A shall go through the formalities of dissolving the labor contract with Party B. ..
2. Party B has one of the circumstances stipulated in Article 40 of the Labor Contract Law of People's Republic of China (PRC).
3. If Party B is under any of the circumstances stipulated in Article 42 of the Labor Contract Law of People's Republic of China (PRC), Party A shall not terminate the labor contract according to the provisions of Articles 40 and 41 of this Law.
4. In case of any of the circumstances specified in Article 38 of People's Republic of China (PRC) Labor Contract Law, Party B may notify Party A to terminate the labor contract at any time.
5. When Party B terminates the labor contract, it shall notify Party A in writing 30 days in advance (3 days in advance of the probation period). In case of violation of the labor contract, Party B shall bear the liability for breach of contract.
6. This contract can be dissolved through consultation between Party A and Party B, but it shall not harm the national interests, public interests and the interests of others.
7. The labor contract shall be terminated under any of the circumstances stipulated in Article 44 of the Labor Contract Law of People's Republic of China (PRC).
Eight. Social insurance and welfare
1. Party A and Party B shall participate in various social insurances according to law and pay all social insurance premiums in full and on time. Part paid by Party B personally shall be withheld by Party A from his salary.
2. The medical treatment for Party B's illness or non-work-related injury shall be implemented according to relevant regulations.
3. Party B's medical treatment for occupational diseases or work-related injuries shall be implemented in accordance with relevant regulations.
Nine, economic compensation and liability for breach of labor contract
1. If Party A dissolves or terminates Party B's labor contract in accordance with Article 46 of the Labor Contract Law, Party C shall pay economic compensation to Party B as required.
2. If this contract cannot be performed or fully performed due to any party's breach of contract, the breaching party shall bear legal responsibilities; If both parties breach the contract, both parties shall bear their respective legal responsibilities according to the actual situation;
3. If this contract cannot be performed or one party suffers losses due to force majeure, it may not bear legal responsibilities;
4. If either party violates the dissolution or termination of this contract and causes economic losses to the other party, it shall pay compensation to the other party according to regulations.
10. If Party B proposes to terminate the labor contract in advance after Party C provides vocational and technical training, and the service period of Party C is less than 1 year, Party B shall pay liquidated damages according to the training fees actually paid by Party C. ..
XI。 Other matters that need to be agreed by both parties.
1. During Party B's work in Party C, Party C shall manage it in a unified way. During this period, if Party B has an industrial accident, it shall be handled according to the relevant provisions of industrial injury insurance; In case of violation of laws and regulations, Party B shall be responsible for and terminate the labor contract.
2. If Party B violates Party C's post responsibilities or illegal operations during the dispatch period, causing economic losses and reputation damage to Party C, it shall be handled according to the economic compensation regulations of Party C, and Party B shall be responsible for compensation.
12. If the terms of this contract and other agreed matters conflict with the relevant national laws, regulations, rules and policies, the laws, regulations, rules and policies shall prevail, and the terms agreed in this contract shall be modified accordingly. Matters not covered in this contract shall be implemented in accordance with relevant state regulations or settled by both parties through consultation.
Thirteen. This contract is legally binding after it is concluded according to law, and both parties must strictly perform it.
14. In case of any labor dispute during the performance of this contract, both parties can settle it through negotiation. If negotiation fails or negotiation is unwilling, the party requesting arbitration shall, within 60 days from the date of occurrence of the labor dispute, apply in writing to the labor dispute arbitration committee with jurisdiction for arbitration. Either party may also directly apply to the Labor Dispute Arbitration Committee for arbitration within the statutory time limit. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
15. Party B determines the following address as the delivery address of documents and instruments related to labor relations management. If the address changes, Party B shall notify Party A in writing.
Sixteen, this contract must be filled in with a pen, and shall not be altered. This contract is made in triplicate, with Party A, Party B and Party C each holding one copy after being filed by the labor administrative department.
Party A (seal):
Party B (signature):
Legal Representative (Seal):
Party C (signature or seal):
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _