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20 17 model human resource dispatch contract
Legal representative (or person in charge) of unit type _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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The international economic camp _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Labor security certificate number. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact Department: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The full name of Party B (actual employer) is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (or person in charge) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ Postal code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The international economic camp _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Labor security certificate number. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact Department: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Xx Municipal Labor and Social Security Bureau System
Due to the needs of production (work), Party B and Party A have signed this Agreement in accordance with the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, and in line with the principles of equality, voluntariness, consensus, fairness, honesty and credit, and promise to abide by it together.
I. Term of the Agreement
This agreement starts from the date of the month and ends on the date of the month. Within 30 days before the expiration of the agreement, both parties shall go through the formalities of renewal or termination in writing.
II. Dispatched posts, number and duration:
1. The positions and number of personnel that Party B needs to send (hereinafter referred to as employees) are as follows:
(1) The post, number of people, work content, and work place are dispatched from (year) to (year).
(2) Post, number of people, work content, and work place are dispatched from (year) to (year).
(3)
2. Party B guarantees that the above-mentioned work conforms to the requirements of the state on the implementation of labor dispatch in temporary, auxiliary or alternative jobs, and there is no case of dividing the extended employment period into several short-term labor dispatch agreements.
3. According to Party B's employment demand, Party A is responsible for recommending qualified labor for Party B's priority use. Party A shall assume the employer's obligations to the employees, and Party B shall assume joint and several liabilities and obligations to the employed employees.
Third, working hours and rest and vacation.
1. Working hours: employees implement (standard, comprehensive calculation, irregular) working hours system at Party B. Among them, the standard working hours system is human, yes (regular day shift and shift operation system); Where the comprehensive working hours system or irregular working hours system is implemented, Party B shall be responsible for providing Party A with the administrative licensing decision approved by the labor administrative department and informing the employees.
2. Party B has the responsibility to ensure that employees enjoy the rights of statutory rest and annual paid leave. The specific rest mode and time of employees shall be agreed in accordance with Party B's regulations. Where Party B arranges employees to extend working hours or work overtime on holidays due to work needs, it shall obtain the consent of employees and pay overtime wages directly according to law.
Fourth, labor remuneration.
1. Employees have the right to equal pay and welfare benefits for workers in the same or similar positions as Party B. Party A shall not deduct the labor remuneration paid by Party B to employees.
2. The employee salary payment date agreed by Party A and Party B is the day of each month, and the salary payment forms are (Party A pays, Party B pays directly, and Party A or Party B entrusts the bank to pay).
3. Party A and Party B agree to adopt the following () method to determine the salary standard of employees:
(1) The monthly salary of employees is RMB, and the specific measures shall be implemented according to the regulations of Party B..
(2) The salary distribution method of combining basic salary with performance bonus is implemented for employees, and the basic salary of employees is RMB per month; The assessment and payment method of performance bonus shall be implemented according to the regulations of Party B.. The performance bonus shall be paid directly by Party B. ..
(3) Employees shall implement the piece-rate wage system, and the management of piece-rate wage labor quota shall be implemented according to the regulations of Party B, and the quota unit price shall be. Party B shall ensure that more than 90% of the employees in the same position as this unit can finish their work within the legal working hours. If the labor quota beyond the statutory working hours is exceeded, the piece-rate wage shall be calculated according to the statutory overtime wage standard.
4. The allowances and subsidies for employees engaged in jobs that may cause occupational hazards, such as night shift and high temperature, shall be implemented in accordance with the relevant regulations of the state and Party B or collective contracts, and shall be paid directly by Party B. ..
5. If the employee continues to work in Party B, Party B shall adjust the employee's salary according to the provisions of equal pay for equal work.
Verb (abbreviation of verb) social insurance
2. Both parties agree that the social insurance of employees shall be settled in the following way (): 1. Party A is responsible for employees' social insurance. Party A and employees declare and pay social insurance premiums in full and on time, and the social insurance premiums payable by employees are withheld and remitted by Party A. ..
(1) Where Party A is responsible for paying employees' salaries and Party B directly pays overtime pay and performance bonus, Party B shall settle the social insurance premium payable for overtime pay and performance bonus to Party A once a month;
(2) Where Party B is responsible for paying employees' wages, overtime pay and performance bonus, Party B is responsible for settling the social insurance premiums payable to Party A on a monthly basis.
Six, 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 have the responsibility to educate employees to abide by the labor safety laws and regulations stipulated by the state and Party B. ..
2. Party B arranges employees to engage in (belong to or not belong to) other special operations that are toxic, harmful, particularly heavy or stipulated by the state. If the employee is engaged in operations with occupational hazards, Party B has the responsibility to carry out regular health examination for the employee.
3. Party B and its management personnel are responsible for ensuring the life safety and health of employees. The employee has the right to refuse Party B's management to command or force risky operations in violation of regulations, which shall 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 employees suffer from accidents or occupational diseases due to work, both parties have a common obligation to be responsible for timely treatment and ensure that employees enjoy various work-related injury insurance and related benefits according to law. Party A shall apply for work-related injury identification and labor ability appraisal for employees according to regulations.
5. If the employee suffers from illness or non-work-related injury, Party A and Party B shall undertake joint and several guarantees to ensure that he enjoys the medical treatment period and corresponding medical treatment stipulated by the state.
Seven. Performance, alteration, rescission and termination of the labor contract
1. Party A and Party B are responsible for educating employees. According to this agreement and the labor contract, the three parties fully perform their respective obligations.
2. If the employee's working period with Party B expires as agreed, and Party B needs to retain the employee, it shall negotiate with Party A and the employee to extend the working period; If Party B does not use it, Party A will arrange employees.
3. If Party B fails to undertake obligations to the employees as agreed in this agreement, or the employees exercise the unilateral right of rescission due to the circumstances specified in Article 38 of the Labor Contract Law, Party B shall undertake obligations to the employees, and Party A shall bear joint and several liabilities.
4. If an employee violates Article 39 of the Labor Contract Law and the labor rules formulated by Party B according to law, Party B has the right to return it to Party A, and Party A will handle it according to the regulations; If Party B needs to return employees due to the circumstances stipulated in Articles 40 and 41 of the Labor Contract Law, it shall negotiate with Party A to properly handle it.
5. In case of any of the circumstances in Article 42 of the Labor Contract Law, Party B shall not return it to Party A during the dispatch period. If the dispatch period expires, it shall be extended until the corresponding situation disappears. Party A and Party B shall be jointly and severally liable.
Eight. Handling of related problems in the performance of this agreement
1. During the performance of this agreement, if either Party A or Party B changes its name, legal representative or principal responsible person, investor and other matters, it will not affect the performance of this agreement; In case of merger or division of Party A and Party B or one of them, this Agreement shall remain valid and shall be continued to be performed by the successor unit.
In case of any change in terms or major issues concerning the vital interests of employees, both parties shall reach an agreement through consultation and modify this agreement in writing.
2. The dissolution or termination of this agreement shall be carried out on the basis of properly handling the legitimate rights and interests of employees. Where both parties or one party dissolves or terminates this Agreement illegally, thus causing losses to employees, it shall be handled according to Article 48 of the Labor Contract Law.
3. Party A and Party B shall not charge any fees to employees.
Nine. Settlement of service fee:
1, composition of labor cost:
2. Standards and methods of expense settlement:
X. The matters not covered in this Agreement shall be governed by 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 negotiation fails or disputes arise, they shall be dealt with according to law. In case of labor disputes due to employee problems, Party A and Party B shall actively coordinate and solve them, and bear joint and several liabilities according to law.
XI。 This agreement is made in duplicate and shall come into force 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, go through filing procedures with the labor department, and inform employees of the contents of this agreement according to law.
Party A (seal) and Party B (seal)
Legal representative and person in charge
Or entrusted agent (signature) or entrusted agent (signature)
Year, month, sun, moon, sun.
20 17 model human resource dispatch contract party a (labor dispatch unit)
Address:
Contact telephone number:
Party B (actual employer)
Address:
Contact telephone number:
Party A shall provide Party B with labor dispatch personnel and services related to labor dispatch according to Party B's production (work) needs. In accordance with the Labor Law of People's Republic of China (PRC), Regulations of Jiangsu Province on Labor Contracts and other relevant laws and regulations, in order to clarify the rights and obligations of both parties, Party A and Party B have reached the following contract through consultation:
I. Duration of labor dispatch:
The term of this contract is from year to year.
Second, the content of labor dispatch:
1. Party A provides Party B with relevant labor dispatch personnel and labor dispatch services that meet Party B's employment needs. (For details of Party B's specific requirements for workers, please refer to Party B's post talent demand table);
2. The laborers dispatched by Party A to Party B are employees of Party A, and Party A signs labor contracts with the laborers, pays wages, and handles various insurance benefits and other related matters.
Three. Settlement and payment of labor costs:
1, composition of labor cost:
(1) Wage remuneration of workers (basic service fee and assessment service fee) (the standard is not lower than the minimum wage standard stipulated by Suzhou);
(2) Labor management fee paid by Party B to Party A every month: RMB per person per month;
(3) Commercial insurance premium paid by Party B to Party A every month: RMB yuan per person per month;
(4) Social insurance premium paid by Party B to Party A every month: RMB per person per month (adjusted annually according to the actual payment base of the Social Security Bureau);
(5) The monthly agricultural insurance premium paid by Party B to Party A: RMB per person per month (adjusted annually according to the actual payment base of the Social Security Bureau).
2. Time and method of settlement: Party B shall remit the actual payable labor fees to the bank account designated by Party A before each month, and provide a detailed list of settlement of various labor fees. Party A shall pay the wages of the laborers before each month.
3. Party A must issue a formal service fee invoice to Party B for the relevant service fee paid by Party B to Party A. ..
Four. Rights and obligations of Party A:
1. Party A shall, according to Party B's employment demand, send to Party B laborers who have reached the legal employment age, passed the physical examination and have the pre-job training certificate confirmed by Party B to work for Party B within days after the signing of this contract, and Party A shall handle relevant post procedures for Party B and provide labor policy guidance services within days.
2. After Party B remits the related labor expenses actually generated and payable to the bank account designated by Party A, Party A will pay the wages and related insurance expenses for the labor dispatch personnel according to the time agreed in this contract (the taxes and fees that the labor dispatch personnel should bear will be withheld and remitted by Party A from their wages).
3. Party A is responsible for the labor dispatch personnel to obey Party B's post arrangement, and designate special personnel to assist Party B in the daily production management, post transfer and labor assessment of the labor dispatch personnel, abide by Party B's safety production, labor discipline, operation norms, post responsibility system and other management rules and regulations, and complete the labor (work) tasks assigned by Party B. ..
4. Party A is responsible for the effective labor tracking and labor management of labor dispatch personnel on a regular basis, and can learn about the use of labor dispatch personnel by Party B through various forms, and Party B shall cooperate; Party A shall assist Party B in educating labor dispatchers to abide by national laws and regulations, and shall be obliged to assist Party B in ideological work of labor dispatchers.
5. Party A is responsible for providing policy, legal education and professional ethics training to the labor dispatch personnel before dispatch, providing necessary consultation and guidance, and truthfully introducing Party B's situation.
6. Party A shall conduct physical examination and pre-job training for labor dispatch personnel before dispatching, and only those who pass the physical examination and pre-job training can be dispatched to Party B, and the expenses for physical examination and training shall be borne by Party A. ..
7. Party A is responsible for handling the employment, resignation and fee refund procedures of the labor dispatch personnel, assisting Party B in handling labor disputes and managing the files of the labor dispatch personnel, and handling the termination of the labor service of the labor dispatch personnel due to the expiration of their work in Party B or violation of Party B's various management rules and regulations.
8. In case of work-related injuries, occupational diseases, deaths and other accidents of labor dispatch personnel during Party B's work, Party B shall promptly notify and cooperate with Party A to deal with them. Party a is responsible for handling the corresponding expenses and formalities?
9. If Party B violates this contract, defaults in paying labor service fees, and violates labor policies and regulations to damage the legitimate rights and interests of labor dispatch personnel, Party A may negotiate with Party B according to law, ask Party B to continue to perform its obligations, and claim compensation from Party B according to actual losses.
10. If Party A's labor dispatch personnel cause economic losses to Party B due to intentional or gross negligence in their work, the responsible personnel shall be responsible for compensation after confirmation by Party A and Party B or relevant institutions, and Party A shall cooperate with Party B to recover.
Verb (abbreviation of verb) Rights and obligations of Party B:
1. When Party B uses the labor dispatch personnel, it must be clear about the contents and requirements of the labor service and the wages and remuneration of the labor service.
2. Party B shall provide basic working conditions and post labor protection for the laborers, and conduct necessary post training and safety education for the laborers. Party B shall assist Party A in handling work-related casualties or third-party injuries (confirmed by relevant departments) of labor dispatch personnel in accordance with relevant state regulations.
3. Party B shall pay Party A the labor costs related to this contract in full and on time according to the provisions of this contract, and shall not breach the contract.
4. Party B has the right to conduct comprehensive labor assessment such as attendance assessment, rewards and punishments for labor dispatchers according to the established management rules and regulations, and Party B can take corresponding rewards and punishments measures for labor dispatchers.
5. Party B has the right to inquire about the wages (service fees) paid by Party A to the labor dispatch personnel and the payment of relevant insurance premiums. Party B may make corrections through consultation with Party A according to law, and Party A shall compensate for the losses caused to Party B. ..
6. Party B shall work eight hours a day for the dispatched workers and take at least one day off every week. If Party B needs workers to work overtime due to production, it shall pay overtime wages to the workers or give them a vacation according to relevant state regulations.
7. According to the Labor Law of People's Republic of China (PRC) and the Regulations of Jiangsu Province on Labor Contracts, Party B has the right to repatriate and return the laborers dispatched by Party A under any of the following circumstances. If there is any financial penalty or compensation, Party A shall be responsible for handling it according to Party B's relevant rules and regulations and returning it to Party B..
(1) Party B is proved to be ineligible for employment during the probation period;
(2) Party B seriously violates labor discipline and various management rules and regulations;
(3) Serious dereliction of duty and graft, resulting in losses of more than RMB yuan to Party B;
(4) Being investigated for criminal responsibility according to law;
(5) The dispatched worker establishes labor relations with other units, which seriously affects the completion of Party B's work tasks, and refuses to correct after being put forward;
(6) The dispatched worker is sick or injured non-work-related, and cannot engage in the original work or other work arranged by Party B after the medical treatment expires;
(seven) the dispatched workers are not qualified for the job, and they are still not qualified for the job after training or post assessment.
8. According to Article 7 (1) to (5) of Item 5 of this Contract, if the dispatched labor personnel repatriated by Party B are returned to Party A, they shall provide Party A with relevant written materials or factual materials confirmed by relevant departments or fax them, and Party A shall handle them; According to Item (6) and Item (7) of Article 7 of this Contract, if Party B repatriations the labor dispatch personnel and returns them to Party A, it shall notify Party A in writing 30 days in advance so that Party A can handle it.
9. Except as stipulated by law and agreed in this contract, Party B shall not repatriate Party A's labor dispatch personnel without authorization during this contract period. If repatriation occurs, it shall be handled according to the Regulations of Jiangsu Province on Labor Contract and relevant laws and regulations.
Other agreed items of intransitive verbs:
1. If Party B really needs to reduce employment or can't continue employment due to major changes in Party B's production and operation or other objective reasons, Party A and Party B shall handle it through consultation, and if it is determined that Party B needs to reduce employment or can't continue employment, Party B shall pay economic compensation according to the Regulations of Jiangsu Province on Labor Contracts and relevant laws and regulations.
2. During the performance of this contract, if the relevant contents of this contract are inconsistent with the newly promulgated national laws, regulations and labor security policies, the new laws, regulations and policies shall prevail.
3. If the contract cannot be continued due to force majeure or changes in government policies, or both parties think it needs to be revised or supplemented, it shall be handled by both parties through consultation.
4. If the laborers dispatched by Party A to Party B are proved not to meet the employment conditions of Party B during the probation period and are repatriated by Party B, Party A shall compensate the repatriated laborers for the medical examination fees, pre-job training fees, qualification certificate fees, labor management fees and related insurance fees.
5. Because Party B needs the urban labor force in this city, Party A shall charge Party B the relevant expenses for handling the employment procedures.
6. If Party A needs Party B to decide important matters when handling the labor dispatch affairs of labor dispatch personnel, it can only be implemented after obtaining Party B's consent.
7. Due to changes in objective conditions or before the expiration of this contract, both parties shall notify the other party in writing 30 days in advance whether to continue to perform this contract, and whether to continue to perform this contract shall be handled by both parties through consultation.
Seven. Settlement of contract disputes:
Any dispute arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, both parties have the right to bring a lawsuit to the court with jurisdiction.
Eight. Other matters:
1. Party B's post talent demand table and labor expense settlement details are an effective part of this contract.
2. Matters not covered in this contract shall be supplemented in written form after both parties reach an agreement through consultation. If the supplementary contract is inconsistent with this contract, the supplementary contract shall prevail.
3. This contract is made in duplicate, which shall come into effect after being signed and sealed by both parties, and each party holds one copy, with the same legal effect.
Party A (seal) and Party B (seal)
Legal representative:
Or entrust an agent; Or entrusted agent:
Date of signature: year month date of signature: year month day.
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