The simplest engineering labor contract 1 contractor (party a):
On behalf of:
Contractor (Party B):
On behalf of:
The term of negotiation of the labor contract between Party A and Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
I. Labor service projects
1, project name:
2. Project location:
3. Building area:
4, work content:
4. Duration of labor service:
The labor service term of this contract is estimated to be _ _ _ _ _ _ _ _ days, and the validity period is calculated from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the labor cost.
1. Unit price of labor contract: RMB _ _ _ _ _ _ _ _ _
2. The total labor cost is _ _ _ _ _ _ _ _ _ _ Yuan, and Party A entrusts _ _ _ _ _ _ _ _
Three. Supply of engineering materials
1. Party B shall be responsible for all the required main materials, which can only be used after Party A's inspection.
2. If the materials cannot arrive in time due to irresistible external forces such as road congestion and natural disasters, Party B shall not lodge a claim with Party A..
Four, measurement, test, inspection and other technical work
1. Party A shall make technical disclosure and measurement in written form at any time as required.
2. Party A is responsible for the engineering test and inspection, and Party B shall cooperate with Party A's laboratory inspection under the supervision of Party A. ..
Verb (abbreviation of verb) Party A's responsibility
1. Party A has the right to evaluate Party B's performance ability. If Party B fails to perform the contract (especially in terms of quality, construction period and safety), Party A has the right to terminate the contract and claim losses from Party B according to% of the total amount of the contract subject matter.
2. Party A shall supervise Party B's work and check Party B's progress at any time.
3. After the project is completed, Party A shall organize personnel to complete the acceptance in time and pay the service fee on time.
The intransitive verb Party B's responsibility.
1. Party B shall not subcontract this project. Otherwise, Party A has the right to terminate the contract. The losses caused thereby shall be borne by Party B, and _ _ _% of the total contract price shall be paid to Party A as liquidated damages.
2. The unit price contracted by Party A to Party B includes all the costs of project construction. As an economic entity, Party B shall fulfill all social obligations stipulated by the state.
3. According to the Labor Law, Party B shall pay the employee's labor remuneration in full and on time. Party A has the right to supervise, and if necessary, Party A has the right to pay (directly pay the salary to Party B's employees).
4. The change of Party B's on-site construction director and technical director shall be subject to Party A's consent, and leave formalities shall be handled with Party A when leaving the site.
5. Party B shall be responsible for the safety of this project, equip with necessary safety protection facilities, abide by the national laws, administrative regulations and operating rules related to safety production, and obey the safety supervision and management of Party A. Party B shall bear all responsibilities for personal injuries and mechanical accidents caused by whatever reasons, and Party A shall not bear any responsibilities.
Seven. responsibility for breach of contract
During the performance of this contract, if either party breaches the contract and causes losses to the other party, the responsible party shall bear the liability for breach of contract. After undertaking the compensation, both parties shall continue to perform the contract without affecting the performance of the contract. If either party wants to terminate the contract early, it shall notify the other party _ _ _ days in advance and pay _ _ _ _ as penalty.
Eight. Dispute mediation
In case of any dispute during the performance of this contract, both parties agree to settle it in the following ways:
1, reconciliation. On the basis of voluntariness and friendship, the two sides communicate with each other, understand each other and settle through consultation;
2. Mediation. Under the auspices of the third party, through the persuasion, guidance and mediation of the third party, the dispute is resolved and an agreement is reached;
3. arbitration. If negotiation or mediation fails, it shall be submitted to the Arbitration Commission for arbitration.
4. If you are not satisfied with the arbitration decision, you can bring a lawsuit to the people's court in the place where the contract is performed.
Nine. supplementary terms
1. The original of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. This contract shall come into effect after being signed by both parties, and shall naturally become invalid after the project is completed and the balance of the project is settled.
3. Matters not covered in this contract shall be settled by both parties through consultation. If consensus is reached through consultation, a supplementary agreement can be signed, which has the same legal effect as this contract.
Party A:
Address:
Contact information:
Place of performance of the contract:
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B:
Address:
Contact information:
Place of performance of the contract:
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The simplest project labor contract 2 Party A:
Party B:
Gender:
ID number:
Home address:
Home phone:
According to the national labor law, the labor subcontract signed with the project contractor and the actual situation of the project department, Party A and Party B voluntarily reach the following agreement through equal consultation:
I. Term of the Contract
1, the deadline is to complete the work task of the project.
2. Contract term: 20x65438+1 0 month1to 20x65438+February 3 1.
Second, the work content
Party A arranges Party B to engage in project safety management, and Party B shall actively complete the tasks assigned by Party A. ..
Third, labor remuneration.
The minimum wage paid by Party A to Party B shall not be lower than the minimum wage standard of the employer or the place where Party A is located.
Payment method of Party B's salary: advance the living expenses at ordinary times and settle the salary of the current year before the Spring Festival every year.
Four. labor protection
Party A shall provide Party B with safety education and necessary training before entering the construction site. Party B engaged in special operations must receive special training, obtain special operation qualification and hold relevant certificates. Party B shall strictly abide by the operating rules of labor safety and health laws and regulations, and abide by the relevant regulations of the project contractor and Party A. In case of work-related injuries, Party B agrees to handle them in accordance with the Regulations of Shanghai Municipality on Comprehensive Insurance for Foreign Employees. During the work-related injury, Party B's monthly salary shall be paid according to the average monthly salary of employees in Shanghai last year, that is, 2 100 yuan per month. Nursing expenses, nutrition expenses and all other disability subsidies shall be handled according to the disability appraisal results and the provisions of comprehensive insurance, and Party B promises not to make any other claims beyond the provisions of comprehensive insurance.
Verb (abbreviation for verb) working hours
According to the characteristics of the construction industry, the two sides agreed to implement a comprehensive working hour system with reference to the project contractor.
Termination of intransitive verb contract
1. The contract can be terminated after its expiration.
2. If Party B commits illegal acts such as fighting and theft at work, causing economic losses to Party A or the project contractor due to serious dereliction of duty, seriously violating the construction site management regulations and labor discipline of Party A or the project contractor, being investigated by the public security organ or being investigated for criminal responsibility, and failing to meet the job skills requirements, Party A may terminate this contract at any time.
3. If Party A forces Party B to work by violence, threat, imprisonment or other illegal means, and Party A fails to provide safe working conditions or pay labor remuneration as agreed in this contract, Party B may terminate this contract.
4. Party B leaves his post without authorization and does not go to work for three consecutive days, and this contract is terminated.
5. No matter how the Labor Contract is dissolved or terminated, Party A will not pay economic compensation.
Seven. settlement of dispute
In case of a labor dispute, both parties shall first settle it through consultation. If negotiation fails, apply for arbitration to the labor dispute arbitration committee where the project contractor or Party A's unit is located.
Eight. Other matters agreed by both parties.
This contract is made in duplicate, one for each party.
Party A (seal)
Party B (signature)
Person in charge:
Party A:
Date:
The simplest project labor contract 3 Party A: (Employer)
Address:
Telephone:
Party B:
Address:
Telephone:
Based on the principle of good faith and mutual benefit, Party A and Party B have reached the following agreement on outsourcing part of Party A's labor outsourcing project to Party B:
I. Work content
Party B shall undertake relevant auxiliary work (such as polishing and handling, etc.). ) Participate in Party A's inspection and testing projects by means of labor dispatch.
Second, working hours.
According to the relevant regulations of the state, the eight-hour working system is implemented, and overtime is charged by the hour (see the agreement on labor and other expenses standards and payment terms in this agreement for details).
Under normal circumstances, 8: 00 am-65438+02: 00 am; Afternoon 13: 30— 17: 30.
Under special circumstances, Party A shall make unified arrangements according to the progress of inspection and testing items.
Three. Rights and obligations of Party A
1. Party A shall specify the tasks and requirements of Party B's post of labor outsourcing, and then Party B's management personnel (above the team leader) shall be responsible for the tasks of the designated post. (Party A is responsible for supervision and management)
2. Party A shall provide Party B's dispatched personnel with working environment and conditions that conform to the national labor safety and health regulations, and provide necessary labor protection articles for workers according to regulations. For the personnel dispatched to Party A for the first time, Party A will train them in safety and operating procedures, and send relevant training materials and requirements to Party B. ..
3. Party A shall respect the ethnic customs and religious beliefs of the personnel dispatched by Party B, and shall not discriminate against the personnel dispatched by Party B due to ethnic and gender differences.
4. Party A has the right to spot-check the personnel dispatched by Party B who have passed the physical examination confirmed by Party B. For those personnel dispatched by Party B who fail to pass the re-examination, Party A has the right to ask Party B to replace them in time, and Party B must ensure the attendance of various projects required by Party A, which will not affect Party A's production; Party A has the right to spot check the labor contracts and identity certificates of the personnel dispatched by Party B, and Party B and its dispatched employees shall cooperate with Party A's spot check.
5. If the personnel dispatched by Party B have any of the following behaviors, Party A has the right to require Party B to replace them immediately:
A. Party B's dispatched personnel violate the operating rules, resulting in the work they are responsible for failing to operate normally, or failing to guarantee the quality of work, thus causing losses to Party A;
B the personnel dispatched by Party B seriously violate Party A's rules and regulations, post responsibilities and labor discipline;
C the personnel dispatched by Party B cannot provide true and effective academic credentials (such as graduation certificate), health certificates and identity certificates, or provide false health certificates and identity certificates;
D. Personnel dispatched by Party B abuse others at work or fight or hit each other with limbs and fists;
Once found, Party A has the right to ask Party B to return or replace it, and at the same time, Party B must ensure attendance, which will not affect Party A's project progress; When the salary paid by Party B to employees is lower than the relevant standards of the local government, Party A has the right to request it to be revised.
6. Party A shall bear the overtime expenses beyond the standard working hours and provide free working meals for Party B's personnel according to the actual situation.
7. Party A appoints managers from relevant professional departments, including human resources, as the coordinator for the execution of this contract, and appoints managers to assess the personnel dispatched by Party B, and determine the labor cost of Party B according to the assessment coefficient (the assessment coefficient shall be determined by Party A and Party B according to the assessment results).
8. Party A shall assign a special person to check the attendance list and time of the personnel dispatched by Party B and review the calculation of labor costs.
9. Party A shall pay Party B's labor service fees in time according to the standards and payment methods stipulated in this contract.
10. Party A is responsible for keeping Party B's relevant information, data and materials (including but not limited to technical, financial and sales information) and other information strictly confidential.
Four. Rights and obligations of Party B
1. Party B shall ensure that it has the original and photocopy of the qualification certificate related to the production and business license.
2. Party B guarantees to strictly abide by the relevant national laws and regulations, especially the policies on employee labor security or welfare, and promises to abide by Party A's various management systems, including safety and environmental protection policies.
3. According to Party A's work requirements, Party B's employees who meet Party A's requirements will be sent to the workplace designated by Party A, and at the same time, they promise not to send or use child labor.
4. Party B shall take out accident insurance for the personnel dispatched to Party A, and provide the originals or copies of other relevant documents of the employees (including but not limited to resumes, academic credentials, identity cards, health examination certificates, etc.). ), and ensure the authenticity and validity of the information. At the same time, Party B shall promise to abide by the relevant provisions of the Labor Contract Law.
5. Unless Party A agrees, the personnel dispatched by Party B must meet the following conditions:
A. Generally, the gender is required to be male, and the age is 18-50 years old in principle (see site requirements for details);
B, good health, good mental state, and qualified and effective health examination certificate;
C, with junior high school education or above, can effectively and clearly express orally and in writing;
D, not suffering from dysentery, typhoid fever, viral hepatitis and other digestive tract infectious diseases (including pathogen carriers), active tuberculosis, suppurative or exudative skin diseases and other diseases that hinder food hygiene;
E. Not suffering from occupational diseases identified by the Occupational Disease Identification Committee.
F) Educate the personnel dispatched by Party B to abide by the laws and regulations of People's Republic of China (PRC), Party A's work rules and regulations and other regulations.
7. During the execution of this contract, Party B shall keep all business secrets of Party A and shall not disclose relevant information to any third party. Party B shall educate the dispatched employees to keep Party A's business secrets. If Party A's relevant business secrets are leaked due to the personnel dispatched by Party B (except for matters permitted by Party A), Party B shall bear corresponding legal responsibilities.
8. Party B shall timely pay the relevant expenses for dispatching employees according to the relevant regulations of the local government.
9. Party B shall conduct production management according to Party A's various systems, including attendance system, HSE reward and punishment regulations, etc.
10. Party B shall instruct its dispatched employees to work in strict accordance with Party A's job description, production operation procedures and other quality standards.
1 1. Party B is responsible for handling the industrial accidents and diseases of the personnel dispatched by Party B, and Party A shall assist Party B in the work of industrial injury identification and labor ability appraisal, and the expenses shall be borne by Party B. Accident injuries, economic compensation and labor disputes shall be borne by Party B. ..
1 1. Unless approved by Party A, Party B shall not arbitrarily change the post of its dispatched employees, let alone recall its employees (except that Party B's employees resign).
12. Party B shall fill the vacancy of Party A's outsourcing work caused by Party B's employees within 2 hours after receiving the notice.
13. Party B shall provide Party A with comprehensive services in strict accordance with this Agreement, and actively and timely communicate with Party A on the problems arising in the service process, and propose improvement plans to continuously improve the service quality.
Five, labor and other expenses standards and payment methods
1. Party A shall settle the labor expenses of Party B's employees according to the standards and methods agreed by both parties;
According to the agreement between the two parties, Party A shall settle the labor fee according to the nature and characteristics of Party B's outsourcing work: the specific settlement standard is: 65,438 yuan +060 yuan/person/day for general dispatched personnel, 65,438 yuan +080 yuan/person/day for managers above the team leader, and 25 yuan/person/hour for overtime. The expenses include but are not limited to the salary, insurance and management expenses of the personnel dispatched by Party B. ..
2. The management personnel of Party B shall confirm the performance and assessment coefficient of the dispatched employees with the relevant management personnel of Party A in time.
3. Under normal circumstances, Party B shall guarantee to complete the production tasks according to Party A's inspection plan.
4. If Party A finds that the tasks completed by Party B do not meet Party A's quality specifications, Party B shall take effective measures to correct them in time.
5. The above expenses shall be paid by Party A to Party B in cash.
6. Party A and Party B agree that the normal settlement period of labor service expenses is 1 to 3 1 per month, and Party B will issue a labor service invoice with the corresponding amount to Party A according to Party A's needs. In principle, Party A shall pay Party B the service fee of last month on time before 25th of each month.
Liability for breach of contract of intransitive verbs
1. If Party B provides false qualification certification materials and is not legally qualified to perform this contract, Party A has the right to terminate this contract immediately, and if losses are caused to Party A, Party B shall be liable for compensation.
2. If Party B fails to submit the relevant certification materials of the dispatched personnel working for Party A within the time limit stipulated in this contract without justifiable reasons, Party A has the right to unilaterally terminate this contract, and if losses are caused to Party A, Party B shall make compensation.
3. If Party B is in arrears with the wages of dispatched personnel, Party A may order it to make corrections within a time limit. If Party B fails to make corrections within the time limit, Party A has the right to unilaterally terminate this contract, and if losses are caused to Party A, Party B shall compensate.
4. If Party B fails to send enough personnel to work at the place designated by Party A within the specified time as required by Party A, thus causing losses to Party A, Party B shall compensate Party A, and deduct 65,438+00% of the labor cost of the current month each time.
5. If the personnel dispatched by Party B violate the safety management regulations of Party A and the place where the project is located in the process of accepting work tasks, Party A has the right to directly punish the personnel dispatched by Party B and directly deduct them from the labor fee of the current month (see Party A's safety management system for details), and if losses are caused to Party A, Party B shall compensate them. Such as the following violations: (including but not limited to the following)
A. Party B sends people to smoke in the no-smoking area, and fines 200 yuan/person/time, and immediately terminates the inspection and testing auxiliary work of the responsible person, thus causing losses to Party A, and Party B shall compensate;
B, if the personnel dispatched by Party B fail to use labor protection articles in Party A's workplace according to regulations, 200 yuan will be fined/person/time. If Party A's persuasion fails, it shall immediately terminate the inspection and testing auxiliary work of the responsible person, and Party B shall compensate for the losses caused to Party A;
C. If Party B sends personnel to steal relevant equipment and articles in the workplace, Party B will be fined 1 000 yuan, and report to the public security organ to investigate the responsibility of the parties concerned. If Party A suffers losses due to deducting all the labor expenses of the current month, Party B will compensate it;
6. If Party A fails to pay Party B the labor service fee under this contract for more than 60 working days without reason, Party B has the right to terminate this contract; If losses are caused to Party B, Party A shall compensate for the losses.
7. If Party B violates the relevant laws and regulations of China and other terms of this contract, Party A has the right to terminate the performance of this agreement; If losses are caused to Party A, Party B shall compensate for the losses.
Seven. Contract terms
The term of this agreement is one year, from February 20xx 1 day to February 28, 20xx. Based on the principle of mutual benefit, if there is no doubt between Party A and Party B when the contract expires, the contract will be postponed. After the expiration of the contract, any party raises an objection and both parties settle it through consultation.
VIII. Unless both parties reach a written agreement, neither party may transfer the rights and obligations in this contract to other third parties.
Nine. Disputes and unfinished matters
1. Both parties may supplement the terms of this agreement and sign a written supplementary agreement, which has the same legal effect as this agreement.
2. Matters not covered in this agreement or contrary to relevant national laws, regulations and rules shall be implemented in accordance with relevant national laws, regulations and rules.
3. During the execution of this agreement, in case of force majeure, both parties shall reach an agreement in the spirit of friendly negotiation and handle it together. If no agreement can be reached, the relevant laws and regulations shall prevail.
4. When performing this agreement, Party A and Party B shall not disclose the service contents and service prices of the other party to a third party.
5. During the performance of this contract, if the labor price and labor cost in the area where Party A and Party B are located are significantly adjusted (such as local minimum wage and employee benefits, etc.). ), Party A and Party B shall actively solve the problem on the principle of friendly and equal consultation.
6. This agreement will be terminated naturally after its expiration. In case of extension, Party A shall submit a written extension intention 10 days before the expiration.
7. This contract is made in duplicate, one for each party, with the same legal effect, and shall come into effect after being signed and sealed by authorized representatives of both parties.
Party A (seal): Party B (seal):
Legal representative
Or authorized signature; Or authorized signature:
Date: Year Month Day Date: Year Month Day