Labor dispatch contract (agreement)
Employer: (hereinafter referred to as Party A)
Dispatching unit: (hereinafter referred to as Party B)
In order to promote employment and meet Party A's employment demand, Party A and Party B have established a labor dispatch cooperation relationship through friendly and equal consultation within the framework of People's Republic of China (PRC) Labor Contract Law. Party A will hand over the labor required by this enterprise to Party B for unified dispatch. Through consultation, both parties reached the following agreement on labor dispatch:
I. Conditions of Labor Dispatching Units and Ways of Providing Labor Services
Party B shall recruit and employ qualified personnel according to Party A's requirements, and send personnel to Party A by means of labor dispatch (the specific number shall be agreed separately).
Second, the recruitment and change of labor dispatch personnel
1. The labor dispatch personnel can be confirmed by Party A's interview or by Party B's recruitment, and Party A confirms that .. Once the dispatched workers are confirmed, Party A and Party B shall draw up a list of labor dispatch personnel, sign and seal it as an annex to this contract, and Party B shall sign a labor contract with the labor dispatch personnel;
2. If Party A and Party B change the dispatched workers according to the agreement, the list of dispatched workers shall be changed accordingly, which shall be signed and sealed by both parties for approval. If the labor dispatch personnel need to be dismissed according to law during Party A's work, Party A shall notify Party B in writing of the dismissal opinions 35 working days in advance, and Party B shall be responsible for terminating or dissolving the labor contract with the labor dispatch personnel, and Party A shall pay economic compensation according to law;
3. During the period of working for Party A, if the labor dispatch personnel are sick or injured at work (including occupational diseases), during the medical treatment period or during the "third period" of female employees, Party A shall not notify Party B to terminate or dissolve the labor relationship with them, and Party A shall continue to perform the duties of the employing unit in accordance with the relevant provisions of the Labor Law.
III. Payment of wages and social insurance premiums of labor dispatch personnel
1. The wage standard and welfare benefits of labor dispatch personnel shall be implemented according to the standards formulated by Party A according to law, and equal pay for equal work shall be implemented;
2. Party A shall transfer the wages and social insurance premiums of the labor dispatch personnel to Party B's bank account at one time. Party B will transfer the payroll of the labor dispatch personnel provided by Party A to the bank payroll card account of each labor dispatch personnel;
3. Party A shall detail the wages and social insurance premiums of the labor dispatch personnel, and Party B shall pay them in full according to the wages and social insurance premiums transferred by Party A;
Four. Rights and obligations of Party A
1. Labor must be regulated according to the provisions of the Labor Law, and labor dispatchers must be arranged in specific positions of Party A to supervise, inspect and assess the completion of work by labor dispatchers;
2. Have the final decision on whether the labor dispatch personnel meet the requirements;
3. In any of the following circumstances, Party A can immediately notify and return the dispatched laborers to Party B:
(1) does not meet the work requirements of Party A during the probation period;
(2) Party B seriously violates Party A's labor discipline and rules and regulations;
(3) Serious dereliction of duty and graft, resulting in significant economic losses to Party A;
(4) Being investigated for criminal responsibility according to law.
4. Party A requires the labor dispatch personnel to be in good health before taking up their posts, and provide health certificates as required by Party A.. Those who fail to pass the physical examination shall be returned to Party B, and Party B shall arrange it by itself;
5. Party A shall notify Party B in writing 35 working days in advance when it really needs to reduce or return Party B's labor dispatch personnel due to changes in production and operation. Items 1, 2 and 3 of Paragraph 1 of Article 6 of this Agreement shall be settled by Party A, and Party B shall be responsible for handling relevant formalities after negotiation between Party A and Party B;
6. As the social insurance premium is declare in advance, Party A shall inform Party B of the increase or decrease of social insurance premium before 10 every month (in case of rest days and holidays, it shall be notified one day in advance);
7. Determine and adjust the labor remuneration standards of labor dispatch personnel;
8. If the labor contract between the labor dispatch personnel and Party B is terminated prematurely due to Party A's reasons, the economic compensation responsibility shall be implemented by Party A in accordance with the relevant provisions of the Labor Law;
9. If Party B fails to perform the contract, Party A has the right to investigate its liability for breach of contract;
10. Fulfill the obligation of informing, educating and supervising professional ethics, work tasks, skills training, work requirements to be met, safety matters to be paid attention to and disciplines to be observed;
1 1. Provide necessary labor conditions, labor tools and business supplies, as well as labor safety and health facilities and necessary labor protection articles that meet national regulations, and provide simple factory medical services for labor dispatch personnel.
Verb (abbreviation of verb) Rights and obligations of Party B.
1. Party B is obliged to inform the labor dispatch personnel of the fact that Party A and Party B have signed the labor dispatch agreement, which will be regarded as one of the terms of the labor contract signed between Party B and the labor dispatch personnel;
2. If Party A fails to perform the contract, Party B has the right to investigate its liability for breach of contract;
3. Be fully responsible for the labor management, labor dispute handling and social security handling of the dispatched workers, handle all matters related to labor relations, sign labor contracts with the dispatched workers and provide them to Party A for the record;
4. Responsible for the management of labor dispatch personnel files, and responsible for the establishment and handover of labor dispatch personnel files;
5. Send qualified laborers to work for Party A according to the terms of the contract. If Party A stops dispatching and returns the laborers to Party B, Party B shall take them in accordance with the relevant provisions of this contract and be responsible for handling them.
Do a good job in the follow-up work such as labor relations between Party A and Party B to avoid adverse effects on the normal production and operation of Party A;
6. In case of work-related accidents of labor dispatch personnel, Party B shall, after receiving the notice from Party A, properly handle them in accordance with relevant insurance regulations and be responsible for settlement of claims;
7. For the economic losses caused to Party A by the dispatched laborers, Party B shall actively help Party A to claim compensation from the laborers, and Party A shall provide necessary assistance;
8. Party B shall designate a special person to visit Party A regularly to learn about Party B's ideological trends, work performance, discipline and reasonable requirements, and Party B shall try its best to provide the best service;
9. Party B is responsible for coordinating the daily life and work of the labor dispatch personnel;
10. Labor dispatch personnel shall abide by the rules and regulations of Party A and Party B, and obey the work arrangement and management of Party A and Party B. If the service period needs to be terminated in advance due to personal reasons, they shall apply to Party A and Party B in writing at the same time 30 days in advance. After being approved by Party A and completing the handover procedures, Party B is responsible for handling the relevant procedures before leaving the company. ..
Payment of intransitive verb fees
1. The labor costs paid by Party A to Party B include:
(1) Labor remuneration of labor dispatch personnel;
(2) Social insurance expenses of labor dispatch personnel or accidental injury insurance expenses of interns;
(3) Management fees for labor dispatch services;
2. The standard of cost:
(1) Party B shall notify Party A in writing of the amount of relevant social insurance fees payable by Party A according to the standards agreed by both parties;
(2) Accidental injury insurance premium for interns who have not participated in social insurance shall be transferred to the bank account designated by Party B in a lump sum according to 50 yuan per person per year;
(3) Labor dispatch service management fee standard: RMB 100 per person per month.
3. Payment method and payment time:
Party A shall pay (1), (2) and (3) of the above two items to Party B by check once a year. (In which: the wage payment standard of workers is subject to Party A's salary table; In case of national and Ningbo policy adjustment, both parties shall make timely adjustment according to law. Labor dispatch service management fee is less than 1 month, calculated as 1 month).
Seven, the daily management of labor dispatch personnel
1. Party A is responsible for the daily management, safety education, monthly assessment, quarterly assessment and annual assessment of labor dispatch personnel during their work in Party A;
2. Labor dispatch personnel shall enjoy the welfare, labor protection, work, study, rest and other rights stipulated by Party A, as well as the right of evaluation and priority.
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. In case of work-related injuries of labor dispatch personnel during Party A's work, Party A shall actively organize rescue and protection of the site and notify Party B in time. Party B shall undertake the application and coordination of work-related injury identification and labor ability identification, and Party A shall actively cooperate. After the application for work-related injury identification and labor ability appraisal is completed, Party A shall undertake the obligations of the employer in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance and implement them in accordance with the relevant provisions;
3. All expenses incurred due to work-related injuries shall be paid by Party A and handled by Party B, except those paid by social insurance institutions according to the policy;
4. In case of work-related injury of the labor dispatch personnel, the original wages and benefits will remain unchanged during the period of shutdown with pay, and Party A will pay them monthly.
Nine, the term of the labor dispatch agreement
The term of this agreement is two years, from 20 1 010/month1to 201February 30th. If both parties are duty-bound when the contract expires, the contract will be extended. After the expiration of the contract, any party raises an objection and both parties settle it through consultation.
X. Alteration, rescission, termination and others of the contract
1. Both parties shall * * abide by the terms of this contract. Matters not covered shall be settled by both parties through consultation. The supplementary agreement reached by both parties through consultation to amend and supplement this contract has the same legal effect as this contract.
2. This contract will be terminated after its expiration. If either party wants to change the contents of this contract or terminate this contract in advance, it shall notify the other party in writing one month in advance and settle it through negotiation. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. After the termination of this contract, if Party A continues to use the dispatched workers, it shall be deemed that this dispatch agreement continues to be valid and the contract period is postponed, and both parties shall handle the dispatch agreement formalities in time.
3. If either party breaches the contract, the breaching party shall bear the liability for breach of contract and the corresponding economic compensation.
XI。 Dispute mediation
Disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, it shall be submitted to the court where Party B is located for settlement.
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): Party B (seal):
Signature of Legal Representative/Authorized Person: Signature of Legal Representative/Authorized Person:
Date: Year Month Day Date: Year Month Day