Model of outsourcing labor service contract (I) outsourcing labor service contract
Party A: xxxxxx
Legal representative or entrusted agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mailing address: __xxxx
Postal code: _ _
Telephone _ _
Party B: Name and gender
Resident ID number _ _ _ _ _ _ _ _ _ _ Date of birth _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Home address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 This Agreement shall come into force on _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 The contents and requirements of the services undertaken by Party B are: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Party B shall provide labor services in the following ways:
Article 4 The labor remuneration paid by Party A to Party B is RMB 65,438 yuan+0,000 yuan (in words: one thousand yuan only).
Article 5 Party B shall provide services to Party A in accordance with the service contents, requirements and methods agreed in Articles 2 and 3 of this Agreement, 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 business secrets that Party B is obliged to protect mainly include:
Article 7 The standard and method for Party A to pay Party B labor remuneration: _ _ bank transfer or Alipay _ _.
Article 8 Party B shall pay personal income tax of RMB 40 yuan (in words: forty yuan only), which shall be withheld by Party A on its behalf.
Article 9 This Agreement shall be terminated under any of the following circumstances:
1. Agreement expires;
2. Both parties reach an agreement on the dissolution of this Agreement;
Three. Party B is unable to perform its obligations under this Agreement due to health reasons.
4. The contract is terminated due to force majeure.
Article 10 If Party A and Party B unilaterally terminate this Agreement, they only need to notify each other one week in advance.
Article 11 After the termination and dissolution of this Agreement, Party B shall hand over relevant work to Party A within one week, and make a written explanation. If losses are caused to Party A, Party B shall compensate.
Article 12 If this Agreement is terminated or dissolved according to Articles 10 and 11 of this Agreement, both parties shall not pay liquidated damages to each other.
Article 13 Any dispute arising from or related to this Agreement shall be submitted to the Beijing Municipal People's Court for arbitration. The arbitral award is final and binding on both parties. Article 14 The mailing address of Party A and Party B in this contract is the only fixed mailing address for both parties to contact. If there is any dispute between the two parties in the performance of this agreement, even if arbitration is involved, this address is also the legal address of both parties. If one party's mailing address changes, it shall immediately notify the other party in writing, otherwise, the party at fault shall be responsible for the communication obstacles between the two parties.
Article 15 This contract is made in duplicate, with each party holding one copy.
Date of Party A (official seal) and Party B (signature and seal): YY.
Model labor outsourcing contract (II) China Shipping Seafarers' Foreign Technical Service Co., Ltd. (Party A) and the hired seafarers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Rule number one. Obligations of both parties
1, obligations of Party A.
A sign a labor dispatch agreement with the shipowner, and explain the dispatch contract to Party B, explaining the nature and content of the work. Safeguard the legitimate rights and interests of Party B during the overseas assignment.
Party B is responsible for sending Party B to work on foreign ships. Responsible for handling Party B's foreign certificates. The registration fee shall be implemented according to the contract signed between Party A and the shipowner or its manager.
Party C has absolute leadership over Party B and has the responsibility to supervise Party B's behavior during the dispatch period.
2. Visiting obligations
Be in good health and meet the requirements of Party A for ocean-going crew qualification. ..
Party B absolutely obeys the leadership of Party A, agrees and abides by the labor dispatch agreement signed between Party A and the shipowner or its manager, and agrees and promises to strictly perform the provisions of this contract.
C abide by the rules and regulations of the ship owner or his manager, and obey the command of the superior crew. Abide by international laws and regulations and be responsible for personal behavior.
D must have relevant certificates such as seaman's certificate, passport, seaman's service book, seaman's professional training certificate and competency certificate (senior seaman). All certificates shall meet the requirements of China Maritime Safety Administration for crew members. Be responsible for providing other supporting materials and photos required by Party A (at its own expense). ..
Article 2. Term and performance of the contract
1. The term of this contract is _ _ _ months (during the ship). The start and end date of the contract shall be implemented according to the agreement signed by Party A and the shipowner or its manager. During the contract period, Party B shall not leave the ship and terminate the service without authorization.
2. If Party B resigns for any personal reason during the contract period, it will be regarded as a breach of contract, and the transportation expenses arising therefrom will be borne by Party B, and all contract bonuses will be deducted.
3. In case of the death or funeral of spouse or immediate family members, Party B needs Party A's consent before leaving the ship in advance ... When landing, Party A and Party B shall be responsible for half of the transportation and accommodation expenses.
A. At the expiration of this contract, if the ship is sailing or calling at an inconvenient port, this contract will continue automatically until the ship reaches the port where the crew can leave the ship. When the contract expires, if the ship is in a port far away from China and cannot reach the Far East port for several months, Party B has the obligation to continue to perform the contract until the ship returns to a port convenient for disembarkation in the Far East.
B. If Party B is injured or sick at work and has a doctor's certificate, or can't continue to work on the ship due to ship reasons or irresistible reasons, this contract will be automatically terminated from the date of disembarkation.
C. During the contract period, if Party B is dispatched to work on other ships according to the arrangement of the shipowner, Party B shall obey the arrangement and continue to perform this contract.
Party B's working time on the ship is 8 hours/day, 7 days per week. Party B shall not refuse to work overtime for any reason, unless it is approved by the captain (the first mate and the second engineer arrange, lead and supervise the work of the crew of this department every morning).
Article 3. Party B's treatment
1. The foreign salary system shall be implemented during the contract period, and the foreign salary standard shall be implemented according to the standard in the second paragraph of this article.
2. Party B's salary standard during the contract period (calculated in USD): A = B+C.
Total contract salary: USD (RMB only)/month.
B Contract bonus: _ _ _ USD _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
C. Actual monthly salary: USD (RMB only)/month.
3. During the performance of the contract, Party A shall temporarily keep the contract bonus of Party B, and after Party B completes the contract, Party A shall return it on behalf of the shipowner or its manager (without interest). If Party B breaches the contract, part or all of the contract bonus will be deducted as appropriate according to the contract.
4. The boarding and disembarking transportation and accommodation expenses incurred by Party B due to the normal performance of this contract (from the actual residence to the assembly point and returning to the disembarkation port in China after receiving the notice from Party A) shall be borne by Party A according to the standards specified by Party A. ..
4. Party A and Party B have a labor relationship. During the contract period, Party A has nothing to do with other welfare benefits of Party B in China and the living problems of its family members. ..
Article 4. breach clause
1. If Party B is repatriated due to drunkenness, fighting, dereliction of duty, laziness, unreasonable troubles, disobedience and incompetence during the contract period, Party A has the right to deduct part or all of Party B's contract bonus. At the same time, Party B has the right to recover other economic losses caused by this from Party A. ..
2. When Party B is punished or fined for smuggling, drug trafficking, drug abuse, whoring or violating the laws and regulations of the berth, it shall bear criminal responsibility and fine. Party A has the right to deduct all the contract bonuses from Party B and recover the economic losses caused to Party A thereby.
3. Party B promises to fully agree with the wage standard stipulated in this contract, and promises not to ask any organization about the crew's salary during the contract period, and not to accept any extra remuneration paid by any organization or the shipowner or manager under its influence. Party B has the obligation to return to the shipowner or manager all the remuneration other than the contract salary paid by the shipowner or manager under the compulsory requirements of international organizations. In case of violation of this regulation, Party A has the right to deduct this amount from Party B's contract bonus and reserve the right to recover other economic losses from Party B. ..
Article 5. Labor protection and insurance
1. Party B shall enjoy the same labor protection rights as other crew members on board during the contract period. Party A shall pay work clothes or work clothes fees to Party B according to the provisions of the shipowner.
2. Party A guarantees that the shipowner or his manager will handle personal accident insurance for Party B within the contract period. If Party B is injured or killed during the contract period, Party A shall be responsible for claiming the insurance premium paid by the insurance company from the shipowner or its manager and delivering it to Party B or its legal successor (or designated beneficiary). During the contract period, if Party B is hospitalized due to work-related injury or illness, the medical expenses shall be paid by the shipowner or its manager. Party A has the responsibility to urge the shipowner or its manager to perform the contract.
3. Party A shall not misappropriate the compensation paid to the crew for work-related injury or death; Party B shall not ask Party A for compensation beyond the compensation standard of the shipowner or its manager.
4. During Party B's stay on the ship, due to a potential sudden illness or a recurrence of an old illness deliberately concealed by Party B, the treatment expenses during his stay on the ship shall be handled according to the provisions of the contract signed between Party A and the shipowner or its manager, and Party A shall not be responsible for the treatment expenses after the recurrence.
Party A is not responsible for Party B's illness and accidental physical and mental injury before boarding the ship and after the termination of the contract.
6. During the contract period, Party B shall bear the medical expenses for the following diseases:
All kinds of AIDS; Dental inlay; Various chronic diseases that Party B suffered before boarding the ship.
Article 6. Supplementary terms agreed by both parties.
Article 7, Others
1. This contract was signed on, in duplicate, with each party holding one copy, with the same legal effect.
2. Party A has the right to interpret this contract. _
3. Any dispute between Party A and Party B shall be settled through negotiation. If negotiation fails, it may be submitted to China Maritime Arbitration Commission for arbitration. Arbitration is final.
Party A: China Shipping Seafarers Foreign Technical Service Co., Ltd. _ _ _ _ _ _ _ _ Party B:
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature:
Annex to Overseas Labor Service Contract:
Statement on the distribution of compensation for injury and death insurance on duty
Name:
Location:
Name of ship receiving service:
If I die unexpectedly during my service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Serial number _ name _ _ relationship with myself _ _ contact address/telephone number _ _ _ _ _ _ _
1)________________________________________________
2)________________________________________________
3)________________________________________________
4)________________________________________________
5)________________________________________________
Signature of Party B: _ _ _ _ _ _ _ _ _
Party B's handprint:
Signature of Party A's witness:
Signature place: _ _ _ _ _ _ Signature time: _ _ _ _ _ _ _ _ Signature time: _ _ _ _ _ _ _ Signature time: _ _ _ _ _ _ _ Signature time.