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Model Personal Labor Contract Party A:
Address:
Party B: _ _ _ _
Address: _ _ _ _
In accordance with the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, and on the principle of equality and mutual benefit, Party A and Party B have reached an agreement that Party B will send laborers to provide labor services according to Party A's needs, and Party A will pay corresponding expenses to Party B. The following agreement is reached on specific matters:
I. Matters of cooperation
(1) Party B shall, according to Party A's needs and requirements, send laborers to Party A to do relevant work. Party A and Party B shall establish a labor dispatch contract relationship, and Party B shall sign a labor contract with the laborers dispatched to Party A, fulfill the employment filing procedures, and establish a labor relationship.
(2) The type of work, quantity, employment term, work content and related treatment requirements, division of responsibilities, and expense settlement methods of the labor dispatch personnel shall be stipulated in the supplementary agreement.
Second, the labor dispatch period
From the date of the month to the date of the month, it can be renewed after the expiration of the period.
Three. Rights and obligations of Party A
(1) When Party A needs to use dispatched personnel, it shall notify Party B in writing 65,438+05 working days in advance, and provide Party B with the post type, employment quantity, quality, requirements, various benefits, labor employment period and start and end dates. Party A shall organize the management, post deployment and assessment of the dispatched personnel during their work in Party A..
(II) During the working period of Party A, the dispatched personnel shall arrange normal holidays for employees in accordance with the national statutory holiday treatment regulations.
(3) Entrusted by Party B, Party A shall withhold and remit the social insurance that the dispatched personnel should bear on a monthly basis and hand it over to Party B. ..
(4) Party A has the right to return the dispatched personnel within the scope stipulated by national labor contract laws and regulations, and notify Party B in writing in advance, and go through the dismissal procedures within 1 day to1day every month.
(V) If Party A increases or decreases the number of dispatched personnel according to its own production and operation needs, it shall notify Party B 15 working days in advance. The increase or decrease of social insurance premium, service fee and other expenses shall be stipulated in the annex to the agreement.
If the dispatched personnel personally propose to terminate the labor contract, they shall notify Party A in writing 30 days in advance, and Party A shall make a decision of approval or disapproval within 7 days and notify Party B in writing, and Party B shall go through the relevant formalities.
(VI) When using dispatched personnel, Party A shall provide corresponding working conditions and labor protection, and be responsible for the pre-job safety education and training of dispatched employees.
(VII) Party B shall be responsible for and handle the injuries, disabilities and deaths caused by work-related accidents of dispatched personnel during Party A's work. Party A shall notify Party B at the first time, be responsible for the emergency treatment of the accident site, actively cooperate with the investigation and evidence collection of the accident and provide relevant information.
(VIII) In case of accidents such as work-related injuries, occupational diseases and deaths of dispatched personnel, Party B shall implement them in accordance with relevant state regulations, and the expenses paid by the employing unit as stipulated by the state shall be borne by Party A..
(IX) If the dispatched personnel are sick or injured at work, Party A shall bear the corresponding expenses according to the state regulations within the medical treatment period that meets the state regulations.
(X) In case of pregnancy, childbirth and breastfeeding during the dispatch period, Party A shall bear the expenses that should be borne by the employing unit according to national regulations, and Party B shall be responsible for handling relevant affairs. When Party B dispatches personnel to Party A, it shall accurately provide Party A with "relevant information in the job registration form".
(1 1) Qualified candidates recommended by Party A to Party B can be employed by Party B as labor dispatchers with the consent of Party B. Employees who have already worked in Party A are recommended by Party A to Party B, and can establish labor relations as employees of Party B with the consent of Party B. ..
(XII) According to the Labor Contract of People's Republic of China (PRC), if the personnel dispatched by Party B are in any of the following circumstances, Party A has the right to directly repatriate them to Party B without paying economic compensation:
(1) is proved not to meet the employment conditions during the probation period;
(2) Party B seriously violates the rules and regulations of Party A's unit;
(3) Serious dereliction of duty and graft, causing great damage to Party A;
(4) Establishing labor relations with other employers at the same time, which seriously affects the completion of Party A's work tasks.
Ring, or by the employer, refused to correct;
(5) By means of fraud, coercion or taking advantage of others' danger, the other party is made to conclude against its true meaning.
Or change the labor contract, which makes the labor contract invalid;
(6) Being investigated for criminal responsibility according to law.
(XIII) Where Party A stops work due to production and operation reasons, it shall submit a list of personnel to be dispatched to Party B from the date of stopping work. Party A will continue to pay the insurance premium and management fee during the check-in period from the month of check-in, and pay the minimum wage according to relevant regulations.
(14) If Party A returns the dispatched employees to Party B, when Party B terminates the labor relationship with the dispatched employees in accordance with the provisions of the Labor Contract Law, except in the circumstances specified in Article 12 of this contract, Party A shall pay the economic compensation in accordance with the provisions of the Labor Contract Law and pay it when handling the termination of the relationship.
(15) The dispatched personnel shall abide by and implement the rules and regulations formulated by Party A according to law, and strictly keep Party A's major business management matters, important business statistical indicators, core technologies, customer information and other business secrets. During the dispatch to Party A and after the termination or dissolution of this contract, they shall not disclose, use or allow others to use Party A's business secrets in any way.
Four. Rights and obligations of Party B
(1) Party B shall sign a labor contract with the dispatched employees according to law;
(2) Party B shall earnestly fulfill all obligations in the labor contract signed with the dispatched personnel;
(3) Party B shall organize Party B's employees to carry out safety education in compliance with laws, regulations, relevant provisions of government departments and Party A's enterprise rules and regulations, keep Party A's business secrets and safeguard Party A's legitimate rights and interests;
(4) When there is a labor dispute in the labor contract, Party A shall notify Party B immediately, and Party B shall directly negotiate with the dispatched employees to solve it, and Party B shall take necessary legal measures to protect Party A from possible disputes;
(V) During the term of this contract, without the written consent of Party A, Party B shall not subcontract any of its obligations under this agreement to other talent service organizations or companies. Otherwise, the losses caused thereby shall be borne by Party B;
(VI) Party B shall dispatch personnel according to Party A's needs, and cooperate with Party A in organizing management, post transfer and performance appraisal of dispatched personnel, and conduct regular and effective follow-up management of dispatched personnel.
(VII) Within 30 days after signing the labor contract with the dispatched personnel, Party B shall go through the social insurance formalities for the dispatched personnel according to the relevant provisions of the state, be responsible for paying various insurance fees, deduct various insurance fees from the dispatched personnel's monthly salary according to the prescribed standards, and pay other social insurance fees according to the supplementary agreement.
(VIII) The economic losses caused to Party A by the personnel dispatched by Party B at work are confirmed or related by both parties.
After the organization is recognized, the responsible person shall be responsible for compensation according to the relevant system of the enterprise.
(IX) Party B is responsible for providing policy and legal education and professional ethics training to dispatched personnel before dispatching, providing necessary consultation and guidance, and truthfully introducing the situation of Party A..
(10) According to Party A's needs, Party B can provide pre-job training for new laborers, and only those who have obtained pre-job training certificates can provide it to Party A, and the training expenses shall be borne by Party A. ..
(1 1) Party B shall conduct physical examination on the dispatched personnel according to Party A's requirements (physical examination items and hospitals shall be designated by Party A), and the date of physical examination shall not exceed one month before the dispatch start date, and only those who pass the physical examination can be dispatched to Party A.. ..
(XII) If the dispatched personnel are injured, disabled or killed at work during Party A's work, Party A shall immediately notify Party B, actively rescue and protect the site, and advance the relevant medical expenses, which will be handled together after Party B starts the industrial injury insurance mechanism.
(XIII) All relevant information provided by Party B to Party A shall be true and effective, and Party B shall be responsible for the losses caused to Party A due to untrue information.
(14) In case of accidents such as work-related injuries, occupational diseases and deaths of dispatched personnel, Party B shall implement them in accordance with relevant state regulations.
Verb (abbreviation of verb) Labor dispatch fee, settlement standard and payment time that Party A should pay.
(1) Labor cost: the settlement standard of labor cost is agreed in the supplementary agreement.
(2) Social insurance expenses: including basic old-age insurance, medical insurance, unemployment insurance, maternity insurance, industrial injury insurance, etc.
(3) Service fee: calculated in RMB per person per month.
(4) Party A shall pay the social security fees of the dispatched personnel to Party B before 10 of the current month, and pay to Party B the total wages, payroll and service fees of the dispatched personnel last month. In case of national legal holidays or special circumstances, it may be extended appropriately, but the maximum time shall not exceed 5 working days. Party B shall also issue a formal invoice to Party A .. (The invoice amount shall include wages, bonuses, benefits, various insurances, provident fund, service fees and other needs.
Liability for breach of contract of intransitive verbs
(1) Party A and Party B shall perform their respective obligations according to the contents agreed in this agreement and the supplementary agreement. Failure to perform or incomplete performance of obligations shall be regarded as breach of contract, and shall bear the liability for breach of contract and pay liquidated damages to the other party.
(II) If Party A fails to pay all the money in the time and manner required by this Agreement and the supplementary agreement, and the payment is overdue for more than 30 days, it shall pay a daily penalty of 1‰ in addition to the payment agreed in this Agreement.
(III) During the validity period of this agreement, if Party A reduces the number of workers due to system reform, major changes in production and operation or organizational structure adjustment, it shall pay economic compensation to Party B in one lump sum according to relevant national, provincial and municipal regulations, and the economic compensation shall be paid according to the standards of People's Republic of China (PRC) Labor Contract Law.
Seven. others
(1) Any dispute between Party A and Party B during the performance of this Agreement shall be settled through negotiation. If no agreement can be reached, either party can bring a lawsuit according to law.
(2) In case of any conflict between the provisions of this Agreement and the newly promulgated laws, regulations and policies of the state, province and city, the newly promulgated laws, regulations and policies shall prevail.
(3) If the performance of this Agreement cannot be continued due to force majeure, policy changes and other reasons, or both parties think that it needs to be revised or supplemented, it shall be handled by both parties through consultation.
(4) For matters not covered in this agreement, a supplementary agreement can be signed separately after both parties reach an agreement through consultation. If the supplementary agreement is inconsistent with this agreement, the supplementary agreement shall prevail.
(V) This Agreement is made in duplicate, each party holds one copy, which has the same legal effect. This agreement shall come into force as of the date of signature and seal by both parties.
Party A (seal): Party B (seal):
Legal representative or entrusted legal representative or entrusted
Agent (signature): Agent (signature):
Date of signing this agreement: year month day.
Model Individual Labor Contract Part II Name of Party A (work unit): Representative of Party A (entrusted agent):
Last name of Party B (laborer):
Gender: Nationality: ID number:
Party A and Party B sign this Agreement in accordance with the Labor Law of People's Republic of China (PRC) and relevant laws and regulations, following the principles of equality, voluntariness, consensus through consultation and good faith.
I. Term of Labor Service Agreement
Article 1 Party A and Party B choose the following () method to determine the term of this Agreement:
1, regular
This Agreement shall come into effect on, and terminate on, (if there is a probation period, the probation period shall be from, to,).
2. The deadline is to complete some tasks.
The effective date of this agreement is year month day; The termination period of this contract is for Party B to complete the work task.
Second, the work content and requirements
Article 2 Party B agrees to work in the type of work (post) at (location) according to the work needs of Party A..
Article 3 Party B shall, in accordance with Party A's requirements, work standards and the scope of responsibilities of the type of work (post), complete the specified tasks on time and reach the specified quality standards.
Article 4 Party A may adjust Party B's job (post) and salary according to the needs of the work through negotiation between both parties.
Three. Working conditions and labor protection
Article 5 Party A shall educate Party B on construction safety before Party B enters the construction site.
Article 6 Party A shall equip Party B with necessary safety protection measures and distribute necessary labor protection articles according to the production needs and relevant national regulations on labor safety and health.
Article 7 Party A shall establish a safety production system according to relevant national laws and regulations; Party B shall strictly abide by Party A's safety production system and the relevant requirements of this project, and strictly prohibit illegal operation to prevent labor safety accidents and reduce occupational hazards.
Four. Working hours and remuneration
Article 8 Party A arranges Party B to implement the following () working hour system:
1, flexible working hours (applicable to construction production and employment).
2, comprehensive calculation of working hours system (applicable to construction production and employment).
3, other working hours system:
Article 9 Party A shall pay Party B the monthly salary when Party B completes the work task according to the regulations.
Party A shall implement the following () salary standard:
1. The salary is calculated on a daily basis, and the salary standard is RMB/day;
2. Calculate the labor remuneration according to the workload, and the unit workload standard is RMB. The specific amount shall be verified and confirmed by both parties.
3. Participate in the team * * * to complete the construction task, according to the team settlement and its internal negotiation distribution.
4. Other labor remuneration standards:.
The labor remuneration agreed by both parties shall not be lower than the minimum wage level on the construction site. When the Labor Contract is terminated or dissolved, Party A shall pay off the unpaid labor remuneration of Party B in one lump sum.
Article 10 The above labor remuneration agreed by Party A and Party B includes other social insurance expenses such as work-related injury insurance payable by Party A, and other social insurance such as work-related injury insurance of Party B shall be borne by Party B itself.
Verb (abbreviation of verb) Alteration, rescission and termination of labor discipline and labor agreement
Article 11 Party B shall strictly abide by Party A's various management systems, labor disciplines and safety technical operation procedures.
Article 12 In any of the following circumstances, Party A may terminate this Agreement:
(a) it is proved that it does not meet the employment conditions;
(2) Party B seriously violates Party A's construction site safety management regulations and Party A's labor discipline;
(3) Party A seriously neglects his duty and engages in malpractices for personal gain, thus causing great damage to Party A's interests;
(four) there are illegal and criminal acts;
(5) Other circumstances in which this Agreement cannot be performed due to Party B's reasons.
Article 13 In any of the following circumstances, Party B may terminate this Agreement:
(1) Party A forces labor by means of violence, threat, imprisonment or illegal restriction of personal freedom;
(2) Party A fails to provide necessary working conditions and labor protection;
(3) Party A fails to pay labor remuneration according to the provisions of this Agreement;
(4) Other circumstances in which this Agreement cannot be performed due to Party A's reasons.
Article 14 If this Agreement needs to be modified, dissolved or terminated, the other party shall be informed in advance, and this Agreement shall not be modified, dissolved or terminated without authorization.
Liability for breach of contract of intransitive verbs, handling of labor disputes and other liabilities for breach of contract.
Article 15 Any dispute arising from the performance of this Agreement shall be settled within 60 days from the date of the labor dispute.
Apply for arbitration to the labor arbitration committee with jurisdiction where the project is located or bring a lawsuit to the local people's court according to law.
Article 16 Other rules and regulations formulated by Party A according to law, as supplementary clauses of this Agreement, have the same legal effect.
Article 17 For matters not covered in this Agreement, both parties shall negotiate separately.
Article 18 This Agreement shall come into force as of the date of signature by both parties. This agreement is made in triplicate, one for each party and one for the record.
Article 19 Other matters agreed by both parties:
Party A (official seal): Party B's signature (handprint):
Signature of Party A's representative:
(Entrusted agent)
Date of signature: year month day.
Model 3 of Employer (Party A) of Individual Labor Contract: Zhangjiajie Huahui Construction and Installation Engineering Co., Ltd.
Employee (Party B):
ID number:
Party A is employed as an employee in accordance with relevant national, provincial and municipal labor laws, regulations and rules due to production needs. Based on the principle of "equality, voluntariness and unanimity through consultation", both parties sign this contract, establish labor relations and clarify their respective.
Rights and obligations, * * * and compliance.
I. Term of the Contract
1. This contract shall come into effect as of.
2. This contract is valid for years, ending on.
There is no fixed term. This contract may be due to changes in Party A's production and operation or Party B's carelessness in regular assessment.
The labor obligations agreed in this contract have been fulfilled and terminated according to law.
4. This contract shall be held by Party A and Party B respectively. Have the same effect.
Second, the task
(1) Production (management) type of work (post or department) of Party B:
(2) Party B completes the production (work) tasks normally arranged by Party A. ..
Three. working hours
(1) Party A shall implement a working system of no more than 8 hours per day and no more than 44 hours per week on average. Make sure that every Tuesday
Party has at least 24 hours of uninterrupted rest.
(2) Due to production and work needs, Party A may arrange Party B to work overtime with the consent of the trade union and Party B, but every
The extended working hours of working days shall not exceed 3 hours, and the cumulative working hours of each month shall not exceed 36 hours.
Four. During the holiday contract period, Party B shall enjoy national statutory holidays, public holidays, annual leave, visiting relatives, weddings and funerals and planning.
Maternity, labor protection and other holidays for female employees.
Verb (abbreviation of verb) labor remuneration
(1) Form and standard of salary distribution of Party B:
1. Party A formulates the wage system of this enterprise and determines the wage form and standard of Party B according to the government's regulations on the wages of employees of this enterprise, especially the minimum wage standard of this city.
2. The salary of Party B during the probation period is RMB/month; The starting salary of Party B after the probation period is RMB/month. Party A may adjust Party B's salary according to the enterprise salary system.
(2) Party A shall pay monetary wages on time every month. In case of holidays or rest days, wages should be paid in advance on the nearest working day.
VI. Insurance Benefits
(1) During the contract period, Party A and Party B shall pay social labor insurance funds such as basic old-age insurance, unemployment insurance and work-related injury insurance according to relevant national, provincial and municipal regulations, and Party A shall notify Party B of the payment of social labor insurance funds on a regular basis.
(2) According to the relevant national, provincial and municipal regulations, Party A gives female employees "five periods" (menstrual period, pregnancy, maternity leave, lactation period and menopause) labor insurance treatment, and the children of Party B who meet the family planning conditions enjoy labor insurance medical treatment.
(3) The insurance and welfare benefits of Party B during the medical treatment for occupational diseases or work-related injuries shall be implemented by Party A in accordance with the relevant regulations of this Municipality on social work-related injury insurance; When the medical treatment is terminated and confirmed by the Municipal Medical Labor Appraisal Committee, Party A shall take early retirement as required; Is a partial loss of ability to work, according to the relevant provisions of this Municipality.
Seven. Labor protection and working conditions
(1) Party A shall implement relevant national labor protection laws and standards, including relevant female employees, and effectively protect the safety and health of Party B in production and work.
(2) Party A shall provide Party B with safety production knowledge, laws and regulations education, operating procedures training and other business technical training in accordance with the national "pre-job training" regulations. Party B shall attend the above training and strictly abide by the safety and health laws, regulations, systems and operating procedures related to his post.
Eight, labor discipline and rewards and punishments
Party B shall abide by various management systems such as employee code formulated by Party A according to law, and Party A has the right to inspect, supervise, assess, reward and punish Party B's implementation of the system.
Nine. Renewal, alteration, dissolution and termination of the labor contract
(1) This contract will automatically expire after the expiration of the fixed term, and both parties must terminate the execution. If both parties reach an agreement through consultation, this contract can be renewed.
(II) If Party A adjusts the production tasks due to changes in production and operation, or Party B requests to change the terms of this contract for personal reasons, the relevant contents of the labor contract can be changed through consultation between both parties, and both parties shall sign (seal) it. If the objective conditions on which Party A entered into the labor contract have changed greatly, which makes the original contract impossible to perform, and both parties cannot reach an agreement on changing the labor contract through consultation, Party A may terminate the labor contract.
(3) The Labor Contract is terminated under any of the following circumstances: Party B reaches the statutory retirement age; Party B dies; Party B is approved to study or settle abroad at his own expense; Party A is revoked, dissolved, closed and declared bankrupt according to law; The termination conditions (events) agreed in this Labor Contract have appeared.
(IV) This contract can be dissolved by both parties through consultation.
X. Matters not covered in this contract shall be implemented according to laws and regulations; If there are no provisions in laws and regulations, it shall be settled by both parties through consultation; Both parties can modify this contract through consultation. If both parties fail to negotiate or a labor dispute occurs, they shall apply to the mediation institution for mediation according to law and bring a lawsuit to the people's court.
XI。 This contract is made in duplicate and shall come into effect as of the date of signature and seal by both parties; Each party holds one copy. Party A shall establish a roster of employees for future reference according to regulations, and go through the filing formalities with the labor department.
Party A (seal) and Party B (signature)
Legal representative, responsible person or entrusted agent (signature)
date month year
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