After reaching a labor relationship, you need to sign a contract. A labor dispatch contract may be what you will use. So how much do you know about labor contracts? Do you know what to pay attention to? The following is a sample labor contract that I have compiled for you. Welcome to read it.
Simple labor dispatch contract template 1
Full name of Party A (labor dispatch unit): __________________
Party B (actual employer) Full name: ____________________________
Due to production (work) needs, Party B and Party A adhere to the principles of equality, voluntariness, consensus, fairness and justice, and good faith, in accordance with the Labor Contract Law of the People's Republic of China. and relevant laws and regulations, sign this agreement and promise to abide by it.
1. Term of the Agreement
This Agreement shall commence on the _________month________ day of the _____________ year and shall end on the _________month________ day of the _____________ year. Within 30 days before the expiration of the agreement, both parties shall handle the renewal or termination procedures in writing.
2. Dispatch positions, number of people and duration
1. The positions and number of personnel that Party B needs to accept dispatched personnel (hereinafter referred to as employees) are as follows:
(1 ) The position, number of people, work content, and work location shall be dispatched from _____________, month, _____________, to _____________, month, _________, year.
(2) Position, number of people, work content, and work location. The dispatch period starts from _____________, month, _________, and ends on _________, month, _________, year. .
2. Party B ensures that the above job types comply with the national requirements that labor dispatch is generally implemented in temporary, auxiliary or alternative jobs, and does not divide the extended employment period into several short-term labor dispatches The circumstances of the agreement.
3. Party A is responsible for recommending qualified labor personnel for Party B to use according to Party B’s labor needs. Party A assumes the employer's obligations to the employees, and Party B assumes the joint and several obligations to the accepted employees.
3. Working hours, rest and vacations
1. Working hours: Employees in Party B implement a (standard, comprehensive calculation, irregular) working hour system. Among them, the standard working hours work system is ______ people, which is (normal day shift, shift working system); the comprehensive calculated working hours working system or the irregular working hours working system is implemented for ______ people, and Party B is responsible for providing Party A with reported labor Administrative licensing decisions are approved by the administrative department and communicated to employees.
2. Party B is responsible for ensuring that employees have the right to statutory rest and paid annual leave. The specific rest methods and time for employees shall be agreed upon according to Party B’s regulations. If Party B arranges for employees to extend working hours or work overtime on holidays due to work needs, Party B shall obtain the employee's consent and directly pay overtime wages in accordance with the law.
4. Labor remuneration
1. Employees have the right to equal pay and welfare benefits for equal work as workers in the same or similar positions as Party B. Party A shall not deduct the labor remuneration paid by Party B to its employees.
2. The employee salary payment date agreed by Party A and Party B is ______ day of each month, and the salary payment form is (disbursed by Party A, directly by Party B, or by a bank entrusted by Party A or Party B) ).
3. Party A and Party B negotiate and determine that the employee salary standard shall adopt the following method ( ):
(1) Employees shall implement a monthly salary system, which shall be ____________ yuan per month. The specific measures shall be implemented in accordance with Party B’s regulations.
(2) Employees shall implement a salary distribution method that combines basic salary and performance bonus. The basic salary of employees is ____________ yuan per month; the performance bonus assessment and payment method shall be implemented in accordance with Party B’s regulations. Performance bonuses will be paid directly by Party B.
(3) Employees implement a piece-rate wage system. The labor quota management of piece-rate wages shall be implemented in accordance with the ____________ regulations of Party B ____________, and the unit price of the quota is ____________. When Party B determines and adjusts labor quotas, it shall ensure that employees with the same position and above as workers in the unit can complete the work within the statutory working hours. If the labor quota exceeds the legal working hours, the piece rate wage shall be calculated according to the legal overtime wage standard.
4. Allowances and subsidies for employees engaged in jobs that may cause occupational hazards, night shift work, high temperature and other operations shall be implemented in accordance with the relevant regulations of the state and Party B or the collective contract, and shall be paid directly by Party B.
5. If employees work continuously in Party B, Party B shall adjust wages for employees in accordance with the provisions of equal pay for equal work.
5. Social Insurance
1. Party A is responsible for the social insurance of employees. Party A and employees shall declare and pay social insurance premiums in full and on time, including the social insurance premiums paid by employees. The fees will be withheld and paid by Party A.
2. Both parties agree that employees’ social insurance will be settled in accordance with the following method ( ):
(1) Party A is responsible for paying employee wages, and Party B directly pays overtime wages and performance bonuses , Party B shall settle the social insurance premiums payable for employees' overtime wages and performance bonuses to Party A once a month;
(2) If Party B is responsible for paying employees' wages, overtime wages, and performance bonuses, Party B shall Responsible for settling the social insurance premiums payable to Party A on a monthly basis.
6. Labor protection, working conditions and occupational hazard protection
1. Party B guarantees to implement national labor standards and provide corresponding working conditions and labor protection. Party A and Party B are jointly responsible for educating employees to abide by the labor safety regulations stipulated by the state and Party B.
2. Party B arranges employees’ work (belonging to or not belonging to) toxic, harmful, particularly heavy or other special operations stipulated by the state. If employees are engaged in operations with occupational hazards, Party B is responsible for conducting regular health examinations for employees.
3. Party B and its management personnel are responsible for ensuring the life safety and health of employees. Employees have the right to refuse Party B's management personnel's illegal instructions or forced risky operations, which will not be regarded as a violation of this agreement. Employees have the right to criticize, report and accuse behaviors that endanger life safety and health.
4. If an employee is injured in an accident or suffers from an occupational disease due to work, both Party A and Party B have joint and several obligations to provide timely treatment and ensure that the employee enjoys various work-related injury insurance and related benefits in accordance with the law. Party A shall apply for work-related injury identification and labor ability identification for employees in accordance with regulations.
5. If an employee is sick or injured due to non-work-related injuries, Party A and Party B shall bear joint and several obligations to ensure that they enjoy the medical period and corresponding medical treatment stipulated by the state.
7. Performance, modification, rescission and termination of the labor contract
1. Party A and Party B are jointly responsible for educating employees. In accordance with the provisions of this agreement and the labor contract, the three parties will fully perform respective obligations.
2. If the employees’ working period with Party B expires as agreed, and Party B needs to retain them, it shall negotiate with Party A and the employees to extend the working period; if Party B does not retain them, Party A will arrange the employees.
3. If Party B fails to assume its obligations to employees as stipulated in this agreement, or if the circumstances of Article 38 of the "Labor Contract Law" occur, causing employees to exercise unilateral termination rights, Party B shall bear the obligations to employees. Party A bears joint and several liability
4. If an employee violates Article 39 of the Labor Contract Law and the labor regulations formulated by Party B in accordance with the law, Party B has the right to return it to Party A, and Party A will handle it according to regulations; If Party B needs to return the goods under the circumstances related to Articles 40 and 41 of the Labor Contract Law, it shall negotiate with Party A on how to properly handle it.
5. If an employee falls under one of the circumstances in Article 42 of the Labor Contract Law, Party B shall not return to Party A during the dispatch period. If the dispatch period expires, it shall be extended until the corresponding circumstances disappear. Party A and Party B bear joint and several liability.
8. Handling of related issues in the performance of this agreement
1. During the performance of this agreement, if Party A or Party B changes its name, legal representative or principal person in charge, or investor and other matters will not affect the performance of this agreement; if there is a merger or split between Party A and Party B, this agreement will continue to be effective and will continue to be performed by the successor unit.
When the content of terms or major matters related to the vital interests of workers are changed, both parties should reach consensus and change this agreement in writing.
2. The revocation or termination of this agreement shall be carried out on the basis of properly handling the legitimate rights and interests of employees. If both parties or one party violates legal provisions to terminate or terminate this agreement, causing losses to employees, it shall be handled in accordance with the provisions of Article 48 of the Labor Contract Law.
3. Party A and Party B shall not charge any fees from employees.
9. Settlement of labor costs
1. The composition of labor costs:
2. Cost settlement standards and methods:
10. For matters not covered in this agreement, if laws and regulations provide for them, they shall be implemented in accordance with laws and regulations; if laws and regulations do not provide for them, they shall be resolved by both parties through negotiation; both parties may change this contract if they reach consensus through negotiation. If the two parties fail to reach an agreement or a dispute arises, it shall be handled in accordance with the law. If a labor dispute occurs due to employee issues, Party A and Party B shall actively coordinate and resolve the dispute and bear joint and several liability in accordance with the law.
11. This agreement is made in two copies and will take effect from the date of signature and seal by both parties; each party holds one copy. Party A shall establish a roster of employees for review in accordance with regulations, handle filing procedures with the labor department, and notify employees of the contents of this agreement in accordance with the law.
Party A (with seal): _______________ Party B (with seal): _______________
___________year________month________day___________year________month_ _______ day
Simple labor dispatch contract template 2
Party A (labor dispatch unit): ____________________________
Party B (dispatched person): ____________________________
Party A recruits and dispatches Party B to work at ____________ (the dispatched unit). In order to clarify the rights and obligations of both parties, in accordance with the Labor Law of the People's Republic of China and the Labor Law of the People's Republic of China, In accordance with the provisions of the National Labor Contract Law and relevant laws and regulations, this contract has been formulated through equal voluntariness and consensus through consultation for mutual compliance.
Article 1 The employment contract period is ____ months. From _____________ month ________ day of ___________ year to _____________ month ________ day of ___________ year. The probation period is ____ months.
Article 2: Party A is responsible for issuing employment-based wages to Party B, collecting and paying basic pension insurance, basic medical insurance, unemployment insurance, and work-related injury insurance for Party B, and providing and keeping personnel files for a fee.
Article 3: Party A will pay Party B within ____ days after receiving the payment from the dispatched unit based on the monthly salary standard provided by the dispatched unit. Various social insurance fees will be collected and paid by Party A according to local unified standards and proportions.
Article 4 During the dispatch contract period, Party B shall abide by national laws and decrees; obey leadership, abide by the employer's labor discipline, professional ethics and job responsibilities, implement labor safety and health regulations, and improve professional skills and safety Operational level; be loyal to duty, perform responsibilities, be honest and reliable, have a decent style, obey management, actively complete various tasks assigned by the dispatched unit, and safeguard the interests of the company.
Article 5: During the period of working in the dispatched unit, Party B shall enjoy the treatment of labor protection articles according to the position (type of work).
Article 6 During the contract period, if Party B violates the management regulations or operating procedures of the dispatched unit and causes economic losses or damage to the reputation of the dispatched unit, Party B shall be responsible for compensation according to the relevant regulations of the dispatched unit. If Party B encounters special circumstances and needs to terminate the contract during the contract period, it must apply in writing to Party A 30 days in advance. With Party A's consent, Party B shall properly handle the handover procedures with the replacement personnel and return the equipment and equipment to the dispatched unit in a timely manner. Party B can only leave the post after removing tools and other items. Otherwise, Party B will be responsible for the relevant economic losses caused.
Article 7 Party B shall assume the obligation of confidentiality and shall not provide or disclose the dispatched unit’s business secrets to the outside world in any form, protect the legitimate rights and interests of the dispatched unit, and safeguard the interests and social reputation of the dispatched unit. If any adverse effects are caused, Party B shall bear the responsibility.
Article 8 If Party B is injured, disabled, or killed due to work, Party B or his family members shall promptly notify Party A. Party A will work with the dispatched unit to assist Party B or his family members in accordance with relevant national and local regulations. for processing.
Article 9 If any of the following circumstances occurs during the contract period, Party A may unilaterally terminate the contract:
1. The contract expires or is terminated for any reason;
2. Party B is proven not to meet the employment conditions during the probation period;
3. Party B seriously violates labor disciplines or commits illegal crimes and is held criminally responsible;
4. Party B seriously neglects its duties, Employing fraud, leaking corporate secrets, etc., causing serious losses or adverse effects to the dispatched unit in terms of economy or corporate image;
5. Party B is unable to complete the prescribed labor quota according to quality and quantity due to subjective reasons and work tasks;
6. Party B is sick or injured not due to work, and cannot engage in the original job after the medical treatment period expires, nor can he engage in other work arranged by the dispatched unit;
7. Other situations determined by labor laws and regulations;
8. Due to changes in the dispatched unit's production and operation, the business scope is reduced or canceled, the dispatched unit streamlines the personnel dispatched by Party A, etc. Party B Unable to continue working;
9. Other situations stipulated in national laws and regulations.
Article 10 If any of the following circumstances occurs during the contract period, Party B may unilaterally terminate the contract:
1. As confirmed by the relevant national departments, the labor safety and health conditions of the dispatched unit Bad and seriously endangering Party B's health;
2. Party A cannot pay labor remuneration in accordance with the contract;
3. Party A fails to perform the contract, or violates national policies and regulations, Infringement of Party B's legitimate rights and interests.
Article 11 If both Party A and Party B propose to terminate the contract during the contract period, they shall notify the other party in writing 30 days in advance. When the contract expires, the contract will be terminated naturally. When both parties need and are willing to renew the contract, the renewal procedures should be completed in the month when the contract expires.
Article 12 If any party violates the provisions of the contract during the contract period and causes or damages the reputation of the other party, it shall be financially compensated according to the consequences and the extent of the liability. The responsibility lies with Party B. In addition to financial compensation, Party B must also compensate for all expenses incurred during the training period.
Article 13 When a dispute occurs during the performance of the contract, it shall be resolved by negotiation between Party A and Party B; if negotiation fails, either party may apply for mediation, arbitration or initiate litigation in accordance with the law.
Article 14: For matters not covered in this contract, both parties can sign a supplementary agreement after negotiation and settlement. The supplementary agreement has the same legal effect as this contract.
Article 15 This contract is made in triplicate, with Party A and Party B and the dispatched unit each holding one copy. It will take effect from the date of signing.
Party A (with seal): _______________ Party B (with seal): _______________
___________year________month________day___________year________month_ _______ day
Simple labor dispatch contract template 3
Party A (labor dispatch unit): ____________________________
Party B (dispatched person): ____________________________
In accordance with the "Labor Contract Law of the People's Republic of China", "__________ Provincial Labor Contract Regulations" and other laws and regulations, Party A and Party B enter into this agreement through equal consultation and promise to abide by it.
1. Number, positions and duration of dispatched personnel
Article 1 Party A shall dispatch workers to work in Party B in accordance with Party B’s requirements. The positions (types of work) occupied by the dispatched workers shall meet the requirements of temporary Requirements for sex, auxiliary and substitution, including:
(1) Temporary positions for _____ people, the specific positions are __________, and the dispatch agreement period starts from ___________ year _______ months _______ Standard version of the model text of labor dispatch agreement starting from ___day and ending on _________day of _________year (not exceeding six months).
(2) There are _____ people in alternative positions. The specific position is __________. The dispatch agreement period starts from _________year________month________day____________year_________month_ Ending on _______ (not more than one year).
(3) There are _____ people in auxiliary positions. The specific position is __________. The dispatch agreement period starts from _________year________month________day____________year_________month_ Ending on _______.
Article 2 Party B requires that the workers dispatched by Party A should meet the following conditions: __________________________________________________.
Article 3 Party A is responsible for organizing dispatched workers in accordance with the above conditions. Once dispatched workers are determined, Party A and Party B shall draw up a "Roster of Dispatched Workers" and sign and seal it as an attachment to this agreement. If Party A and Party B make changes to the dispatched workers in accordance with this agreement, the "Roster of Dispatched Workers" shall be modified accordingly, and must be signed and stamped for approval by both parties.
2. Relevant expenses and settlement
Article 4 Both parties A and B agree that the form of salary payment for dispatched workers is _ (to be paid by Party A and directly by Party B).
Party B shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If Party B does not have workers in similar positions, the remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the location.
Article 5 The social insurance premiums of dispatched workers shall be paid by Party B to Party A on a monthly basis. Party A shall pay various social insurance premiums for dispatched workers in accordance with the law. The specific details are: pension, medical care, work-related injury, unemployment, maternity , the total cost is. The payment standard of social insurance premiums paid by Party B to Party A shall be adjusted accordingly according to the local announced social insurance premium adjustment ratio.
Article 6 Party B shall pay service fees to Party A according to the standard.
Article 7 Other fees and standards paid by Party B to Party A:
1. ______________;
2. ______________;
3. ______________;
Article 8 Party B shall pay the wages, social insurance premiums, service fees and other expenses of monthly dispatched workers to Party A’s account in one lump sum by bank transfer by the day of each month; Party A shall pay according to the fees A formal, legal and valid invoice will be issued for the total amount, and the taxes will be borne by the labor dispatch agreement model text standard version.
3. Labor safety and health, prevention of occupational disease hazards and welfare benefits
Article 9 Party B guarantees the implementation of national labor standards and provides corresponding working conditions, labor protection and occupational hazard protection. Party A and Party B are jointly responsible for training and educating dispatched workers in vocational skills, production safety, labor discipline, etc.
Article 10 Party B is responsible for ensuring the life safety and health of dispatched workers. Dispatched workers have the right to refuse Party B’s management personnel’s illegal instructions and forced risky operations, which will not be regarded as a violation of this agreement. Dispatched workers have the right to criticize, report and accuse behaviors that endanger their life safety and health.
Article 11 If a dispatched worker is injured in an accident or suffers from an occupational disease due to work, Party B shall notify Party A in writing within 10 days, and Party A shall apply for work-related injury identification and labor ability appraisal for the dispatched worker in accordance with regulations. . The relevant procedures for work-related injury insurance shall be handled by Party A, and the expenses beyond the scope of social coordination shall be borne by Party A.
Article 12 If dispatched workers become ill or suffer non-work-related injuries, Party B shall ensure that they enjoy the medical period and corresponding medical treatment prescribed by the state. Party A is responsible for handling relevant procedures, and shall bear the wages, social insurance and other expenses of dispatched workers as well as expenses beyond the scope of social coordination.
Article 13 During the period of work of Party B, dispatched workers are in the medical treatment period due to illness or work-related injuries (including occupational diseases), as well as the "three periods" (partum period, pregnancy period, lactation period) of female employees. ), Party B shall continue to perform the duties of the actual employer in accordance with relevant regulations.
Article 14 Party B is responsible for ensuring that dispatched workers enjoy statutory rest and vacation, paid annual leave and other rights. The specific rest methods and times for dispatched workers shall be implemented in accordance with Party B’s regulations. If Party B arranges for dispatched workers to extend their working hours or work overtime on holidays due to work needs, Party B shall obtain the consent of the dispatched workers and pay overtime wages or arrange alternative breaks in accordance with the law.
Article 15 If the position where the dispatched workers are employed implements a special working hour system, Party B shall be responsible for reporting to the human resources and social security administrative department for approval and informing the dispatched workers.
4. Party A’s Rights and Obligations
Article 16 Party A has the right to use various methods to understand Party B’s use of dispatched workers, and Party B shall cooperate; It shall cooperate with Party B in the management of dispatched workers and assist Party B in educating dispatched workers to abide by relevant laws, regulations and rules and regulations formulated by Party B in accordance with the law.
Article 17 Party A must have legal labor dispatch qualifications. Any disputes and losses caused by not having relevant qualifications or violating relevant national laws and regulations shall be borne by Party A.
Article 18 Party A shall sign a labor contract with the dispatched workers in accordance with the law, and within thirty days from the date when the dispatched workers report to Party B, provide Party B with the labor contract that the dispatched workers have established with Party A. Valid proof of relationship.
Article 19 Party A shall pay dispatched workers wages in legal currency on a monthly basis, without deductions or unreasonable arrears, and the wages paid shall not be lower than the minimum wage.
Article 20 Party A shall pay various social insurances for dispatched workers in full and on time. If Party A withholds and fails to pay social insurance in full and on time, any resulting disputes with dispatched workers will result. Any consequences such as disputes shall be borne by Party A.
5. Party B’s Rights and Obligations
Article 21 Party B has the right to formulate, modify or decide on labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits , employee training, labor discipline, labor quota management and other rules and regulations or major matters that directly involve the vital interests of Party A’s employees; however, such rules, regulations or major matters shall not conflict with the law in terms of substance or procedure, and shall be reported to Party A’s employees Publicize or inform the standard version of the model text of the labor dispatch agreement.
Article 22 Party B has the right to inquire about Party A’s payment of wages and payment of social insurance premiums to dispatched personnel. If any illegal behavior occurs, Party B may negotiate with Party A to request correction according to the law, resulting in losses to Party B. , Party A shall compensate.
Article 23 Party B shall not dispatch dispatched workers to other employers. Otherwise, Party A has the right to terminate the agreement and require Party B to compensate for losses.
Article 24 Party B shall pay Party A the wages, social insurance premiums, service fees and other expenses of dispatched workers in full and in a timely manner as stipulated in this agreement, and shall not be in arrears without reason.
Article 25 Party B shall perform the following obligations to dispatched workers:
(1) Implement national labor standards and provide corresponding labor conditions and labor protection;
(2) Inform the dispatched workers of the work requirements and labor remuneration;
(3) Pay overtime pay, performance bonuses, and provide benefits related to the job;
(4) Provide on-the-job skills training necessary for dispatched laborers;
(5) For continuous employment, a normal wage adjustment mechanism shall be implemented.
(6) Other relevant obligations stipulated in laws, regulations and rules.
6. Change, rescission and termination of the agreement
Article 26 Party A and Party B shall *** mutually abide by the terms of this agreement. During the performance of this Agreement, neither party may change or terminate it 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 or other factors, it shall notify the other party in a timely manner, and both parties may modify this Agreement through negotiation. Change or cancellation.
Article 27 Party A and Party B agree that if one of the following circumstances occurs, Party B can return the dispatched workers to Party A:
1. The dispatched workers have a "Labor Contract" The circumstances specified in Article 39, Paragraph 1 and Paragraph 2 of Article 40 of the Labor Contract Law;
2. Party B falls under Paragraph 3, Paragraph 40 of Article 40 of the Labor Contract Law Under the circumstances specified in Article 1;
3. Party B is declared bankrupt according to law, has its business license revoked, is ordered to close down, cancels, decides to dissolve early, etc.;
4. The term of the labor dispatch agreement expires;
The cost of return will be borne by ____________________.
Article 28 If either party violates the provisions of this Agreement and fails to correct it for more than thirty days, the other party shall have the right to notify the other party in writing to terminate this Agreement. This Agreement shall be effective from the date of issuance of the written notice. Standard version of model text for termination of labor dispatch agreement.
7. Responsibility for breach of agreement
Article 29 If Party B fails to pay the dispatched workers’ wages, social insurance premiums, service fees and other expenses on time, they shall be charged daily Liquidated damages shall be paid to Party A according to ________ standards.
Article 30 Party A and Party B also agree on the following liability for breach of contract:
1. ______________;
2. ______________;
3. ______________;
8. Other Matters
Article 31 Party A and Party B agree to add the following content to this agreement: ____________________________________________.
Article 32 If matters not covered by this agreement are stipulated by laws and regulations, they shall be implemented in accordance with the provisions of laws and regulations; if there are no stipulations by laws and regulations, they shall be resolved through negotiation between the two parties.
Article 33 The attachments to this agreement have the same effect as the main text. For matters not covered in this agreement, both parties shall agree in writing to a standard version of the labor dispatch agreement model text after consensus.
Article 34 This agreement is made in two copies, with Party A and Party B each holding one copy. It will take effect from the date of signature and seal of both parties. Party B shall report this Agreement and the use of dispatched workers’ positions to the local human resources and social security administrative department for record within thirty days from the date of conclusion of this Agreement.
Party A (seal): _______________ Party B (seal): _______________
___________year________month________day___________year________month_ _______ day
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