Model Labor Contract (I) Party A: Company
Legal address:
Party B:
Nationality:
Address:
Passport/ID number:
Whereas Party B is the following personnel, Party A intends to employ Party B to provide special services for Party A, and Party B is willing to provide special services for Party A. Based on the principle of honesty and credit, both parties reached the following contract terms in Beijing through full friendly negotiation: People's Republic of China (PRC) on _ _ _ _ _ _ _ _ _:
A. retirement procedures have been completed;
B. Internal retirement procedures have been completed;
C. The resignation formalities have been handled by agreement, and the agreement has not expired;
D, students with student status;
E. A legal labor contract has been signed with a third party to establish labor relations.
Article 1 definition and interpretation
Unless otherwise explained and agreed in the terms of this contract, the following terms have the following definitions and interpretations:
1. 1 this contract: this labor service contract was reached by both parties at the above time and place;
1.2 Special services: refers to the special services agreed in Article 2 of this contract;
1.3 third party: any natural person, enterprise, institution, government agency and organization other than the parties to this contract.
Article 2 Service contents, quality standards, and the time, place and method of providing services.
The content of special services provided by Party B to Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Qualification of Party B
3. 1 Party B shall have received good education or professional training and be qualified to provide the services required by Party A. ..
Article 4 Labor remuneration and its payment methods
4. 1 Party A shall pay Party B labor remuneration according to the following 1 method:
1. Party B's labor remuneration shall be calculated in RMB per hour, and Party A shall pay Party B's accumulated labor remuneration last month in cash before the day of each month. Or;
2. Party B's labor remuneration shall be calculated in batches, and Party A shall pay it in cash within days after Party B completes the labor service.
4.2 Party B's labor remuneration shall be subject to individual income tax in accordance with national regulations.
4.3 Party A has the right to directly deduct the losses caused to Party A due to the defects of special services provided by Party B from Party B's remuneration. ..
Article 5 Term of Contract
5. 1 The term of this contract is from the date of the month to the date of the month.
Article 6 Obligations of Party B
Party B guarantees to provide labor services to Party A and deliver the results as scheduled in accordance with the provisions of this contract and its annexes. If Party A is confronted with the right recourse, arbitration or litigation of a third party and any dispute arising from Party B's provision of labor services, Party B has the obligation to actively cooperate with Party A in handling the above matters.
Article 7 Obligations of Party A
7.2 Party A shall not force Party B to engage in activities that violate laws and regulations. Party A shall provide necessary supporting facilities, equipment and environment for Party B to provide labor services, and ensure the safety of these facilities, facilities and environment.
7.3 Party A shall pay Party B labor remuneration in full and on time according to law.
7.4 Party A is responsible for handling personal accident insurance for Party B. ..
Article 8 Statements and Warranties of Party B
8. 1 Party B is free from infectious diseases and in good health, and can provide the labor services agreed in this contract.
8.3 Party B has no criminal record. Party B has known all the contents of this contract and its annexes.
8.4 The services provided by Party B do not infringe upon the legal rights of others, and do not own any property, technology or rights whose ownership is disputed.
Article 9 Party A's representations and warranties
9. 1 Party A is a legal entity established according to law and has the right to sign labor service agreements in its own name.
9.2 The services requested by Party A have no illegal purpose.
Article 10 Non-cooperative relationship and employment relationship
10. 1 Party B will not become a partner of Party A due to the signing of this contract.
10.2 Party B shall not become an employee of Party A by signing this contract.
10.3 party b's personnel file shall be kept by party b or a third person who has a legal labor relationship with party b, and party b's social insurance premium and housing accumulation fund shall be paid by party b or a third person who has a legal labor relationship with party b. party b does not own or claim to own the identity of party a's employees. ..
Article 11 confidentiality
1 1. 1 Both parties have the obligation to keep the business secrets known to each other.
1 1.2 If the business secrets of the other party are disclosed, the injured party has the right to demand the disclosing party to compensate for the losses.
Article 12 Modification and rescission of a contract
12. 1 Before the expiration of the contract, the contract can be modified or terminated in advance through consensus.
12.2 if the services provided by party b cannot meet the requirements of party a, party a has the right to unilaterally terminate the contract at any time without notice.
12.3 if party b faces criminal or public security prosecution, sanctions or other serious violations of social ethics, party a may unilaterally terminate the contract at any time without notice.
12.4 If Party B fails or is expected to fail to provide labor services for consecutive days, Party A has the right to terminate the labor service contract signed with Party B..
12.5 If Party B continues to provide labor services due to illness, which will seriously endanger its own health or the physical and mental health of Party A's employees, both parties have the right to unilaterally terminate the contract.
12.6 The supporting facilities, equipment and environment provided by Party A have serious potential safety hazards and are rejected after Party B puts forward opinions.
Party B has the right to terminate the contract unilaterally.
Article 13 Contract renewal
13. 1 within days before the expiration date of this contract, both parties may renew the labor contract through negotiation.
13.2 after the expiration of the contract, the original labor contract that both parties failed to renew will be terminated naturally.
Article 14 Undertaking and Exemption of Liability
14. 1 If Party A delays to pay Party B's remuneration without reason, it shall pay Party B a penalty of three ten thousandths of the total delayed payment.
14.2 after the signing of this contract, if Party B fails to provide the agreed services to Party A, Party B shall pay RMB to Party A as liquidated damages.
14.3 If there are potential safety hazards in the supporting facilities, equipment and environment provided by Party A, Party A shall be liable for compensation.
14.4 If the services provided by Party B do not conform to the provisions of laws and regulations and Party A's requirements, causing losses to Party A and third parties, it shall be liable for compensation.
14.5 The responsible party who bears legal responsibilities such as compensation to the third party due to the fault of one party has the right to recover from the wrong party.
14.6 In the process of providing labor services, neither party shall be liable for compensation and compensation for accidents and damages caused by no fault of its own.
14.7 party b shall bear no-fault liability in the process of providing labor services.
14.8 if party b provides false or incomplete information or certificates to party a, which leads to the signing of this contract, this contract is invalid, and party b shall bear the compensation liabilities arising therefrom.
Article 15 Settlement of disputes
Disputes arising from this contract shall be settled by Beijing Arbitration Commission.
15.2 arbitration when accepting an arbitration application, the laws and regulations of People's Republic of China (PRC) and the arbitration rules of Beijing Arbitration Commission shall apply.
15.3 once the arbitration comes into effect, it is final and binding on both parties.
Article 16 Supplementary Provisions
This contract shall come into effect as of the date of signature by both parties. This contract is made in duplicate, one for each party.
16.2 the annexes to this contract are an inseparable whole and have the same legal effect. The annexes to this contract include:
Appendix 1: Specific contents, quality standards, time, place and method of providing special services;
Attachment 2: Party B's identity certificate.
16.3 this contract is in Chinese and English. If there is any discrepancy between the Chinese version and the English version, the Chinese version shall prevail.
16.4 Unless otherwise specified, all notices related to this agreement shall be written in English or Chinese and delivered on time. In case of written notice, it shall be delivered or sent by prepaid registered mail, or guaranteed to be delivered or faxed to the address and/or fax number listed in this clause; Or sent to other designated addresses, fax numbers, correspondence numbers or other contacts that one party may notify the other party in writing from time to time. Any notice or other document delivered by post shall be deemed to have been received by the addressee after 3 working days after mailing. Notices or other documents delivered by hand or by fax or other electronic media will be deemed to be delivered the next day. If either party wants to change its address or fax number, it shall send a valid written notice to the other party in advance.
Mailing address of Party A:
Telephone:
Fax:
E-mail:
Contact person:
Mailing address of Party B:
Telephone:
Fax:
E-mail:
Contact person:
Party A: Company
Signature of authorized representative:
Date:
Party B:
Signature:
Date:
Model Labor Service Contract (II) Party A:
Party B:
According to the relevant provisions of the Contract Law of People's Republic of China (PRC) and other laws and regulations, on the basis of voluntariness, equality, honesty and credit, both parties have reached the following agreement on labor services:
1. Service content: Party A entrusts Party B to provide relevant labor services for Party A to receive the Governor of xx Province and his party.
Second, check the reception time: year, month, day and hour.
Third, inspect the reception site:
Four. Service items and fees (please check the selected items and cancel the selected items)
(1) Equipment leasing and material procurement services:
Rent 3 spare microphones at 180 yuan/day.
Rent a spare speaker and mixer for 3000 yuan/day.
Rent a professional camera for 200 yuan/day.
Rent a professional camera for 500 yuan/day.
Customized leadership seating cards, each 5 yuan.
Several pots of big flowers 1500 yuan
Printing materials (including banners, cultural wall printing, conference materials printing) yuan.
Rent 3 walkie-talkies (leading entourage, meeting room, elevator) 150 yuan/day reservation.
Party A:
Party B:
date month year
Model labor service contract (3) Name and account number of the employing unit (hereinafter referred to as Party A), account number of the labor service company (hereinafter referred to as Party B) and bank of deposit.
Through equal consultation, Party A and Party B have established a labor cooperation relationship within the framework of People's Republic of China (PRC) Labor Contract Law, and reached the following agreement on labor matters:
I. Recruitment and change of laborers
1. The laborers recommended by Party B to Party A passed the interview and examination by Party A, and the recommended person clearly expressed his willingness to work in the post designated by Party A. Party B signed a labor contract with the recommended person, and after both parties signed the labor contract, the original recommended person was sent to Party A as the laborers dispatched by Party B (hereinafter referred to as labor dispatchers).
2. If there is any personnel change in the list of labor dispatch personnel attached to the labor dispatch contract, Party A and Party B shall make the change through the Change of Labor Dispatch Personnel List, which shall take effect after being signed and sealed by both parties.
3. During Party A's work, Party A shall not return the labor dispatch workers who are sick or injured (including occupational diseases) during the medical treatment period, or the female employees during the third period, and Party A shall continue to perform corresponding responsibilities in accordance with the relevant provisions of the Labor Law.
Two. Rights and obligations of Party A
1. fulfill the obligation to inform and supervise the professional ethics, work tasks, skills training, work requirements to be met, safety matters to be paid attention to, and disciplines to be observed by educational administrators;
2. Provide necessary working conditions and tools for labor dispatch workers, as well as labor safety and health facilities and necessary labor protection articles that meet the requirements of the state.
3. Standardize employment in accordance with the provisions of the Labor Law, and supervise, inspect and assess the completion of labor dispatch personnel;
4, determine and adjust the labor remuneration standard of labor dispatch personnel;
5. If Party B fails to perform the contract, Party A has the right to investigate its liability for breach of contract;
6. In any of the following circumstances, Party A may immediately return the dispatched labor services to Party B:
(1) seriously violates Party A's labor discipline and rules and regulations;
(2) Serious dereliction of duty and graft, resulting in significant economic losses to Party A;
(3) Being investigated for criminal responsibility according to law.
Verb (abbreviation of verb) Rights and obligations of Party B.
1. Establish labor relations with labor dispatch workers, sign labor contracts, and pay relevant insurance for labor dispatch workers as agreed in the contract.
2, fully responsible for the recruitment and dismissal of labor dispatch workers, and is responsible for the labor contract submitted to the county human resources and social security bureau for the record.
3. Party A shall notify Party B in writing 65,438+05 working days in advance when returning the labor dispatch hours according to the relevant provisions of this contract, and Party B shall be responsible for rearranging the work or handling the follow-up work such as termination and dismissal, so as to avoid any adverse impact on Party A's normal production and operation;
4. Responsible for applying for work-related injury identification, insurance claims and properly handling related matters for the labor dispatch workers who have industrial accidents;
5. Party B shall actively assist Party A to reasonably claim the economic losses caused by the labor dispatch workers to Party A according to law.
6. Maintain other legitimate rights and interests of labor dispatch workers according to law.
Six, the service fee standard and charge
1, cost standard:
(1) Labor cost
(1) fixed labor costs are calculated by 45 yuan per person per month.
② The mobile service fee (wages of dispatched workers) is calculated according to the average unit price of milk collection at the milk station.
③ Other service expenses (including compensation for dismissing dispatched workers according to the policy and service invoice tax) shall be calculated according to the actual amount (specially agreed: dismissing and dissolving dispatched workers' labor contracts, and calculating one-time compensation 1 0,000 yuan per full year according to compensation conditions).
(2) Insurance expenses: the pension and unemployment benefits of the labor dispatch personnel are deducted from the amount that the individual should bear according to the local payment standard; Commercial accident insurance purchased according to the standard of 145 yuan per person per year.
2. Payment method and payment time
(1) Fixed labor fee, floating labor fee, pension and unemployment benefit shall be paid monthly, that is, the above fees shall be paid to Party B by transfer before 15 every month.
(2) The cost of purchasing commercial accident insurance shall be paid to Party B in full by transfer within three working days after the signing of this contract, based on the number of labor dispatch personnel and the standard purchase amount.
Seven, the management of labor dispatch workers
1. Party A is responsible for the daily management, safety education, monthly assessment, quarterly assessment and annual assessment of labor dispatch workers during their work in Party A;
2. Labor dispatch workers shall enjoy the benefits, labor protection, skills training, rest, assessment, priority evaluation and other benefits specified by Party A during their work in Party A;
Eight, industrial accident treatment
1. Party A shall abide by the laws and regulations on production safety and occupational disease prevention to prevent the occurrence of industrial accidents;
2. If the employee dispatched by the labor service suffers work-related injuries during Party A's work, Party A shall actively organize rescue and protection of the site and notify Party B in time.
3. Party B is responsible for claiming compensation from the insurance company for the general industrial accidents of labor dispatch workers and settling claims in time. In case of major work-related accidents, Party B shall be responsible for timely applying to the labor department for work-related injury identification and labor ability appraisal. After the work-related injury identification and labor ability appraisal are completed, Party A shall bear the corresponding expenses (the difference after deducting the compensation amount of the insurance company) according to the relevant policies and regulations.
Nine, the term of the labor dispatch agreement
The term of this agreement is 1 year, from the date of 20 years to the date of 20 years.
X. Alteration, rescission, termination and others of the contract
1. Matters not covered in this contract shall be settled by both parties through consultation.
2. If either party breaches the contract, the breaching party shall bear the liability for breach of contract and the corresponding economic compensation.
This contract will be terminated after its expiration.
XI。 Dispute mediation
In case of any dispute during the performance of this contract, both parties shall settle it through consultation on the principle of friendly cooperation and mutual benefit; If negotiation fails, it can be settled through the court where Party B is located.
Twelve. others
The original of this contract is in duplicate, each party holds one copy, and it will take effect after being signed.
Party A (seal):
Legal representative:
Year month day:
Party B (seal)
Legal representative:
Year month day: