China's labor outsourcing development started late, but the speed of development is very fast, providing more and more labor outsourcing services, labor outsourcing contract is how? The following is a model labor outsourcing contract that I have compiled for you, welcome to read.
Labor Outsourcing Contract Model 1
Employer: (hereinafter referred to as Party A) Legal Representative:
Address:
Contact Number:
Outsourcing Unit: (hereinafter referred to as Party B) Legal Representative:
Address:
Contact Number:
A, B and the two sides in good faith and the principle of mutual benefit and reciprocity, on the In the principle of mutual benefit and reciprocity, Party A will outsource part of the work tasks to Party B for labor service outsourcing project reached the following agreement:
A. Party A's rights and obligations:
(a) Party A should be clear that Party B is engaged in the outsourcing of labor service work tasks and work requirements, and then by the staff of Party B is responsible for the work tasks of the designated work positions.
(2) Party A shall provide Party B's employees with workplaces and safety conditions that comply with government regulations on labor protection. For Party B's first time employees, Party A will train them on safety and operation procedures and send relevant training materials and requirements to Party B.
(3) Party A shall respect the ethnic habits and religious beliefs of Party B's employees and shall not discriminate against Party B's employees on the basis of ethnicity and gender.
(d) Party A has the right to randomly check and re-examine Party B's personnel who have passed the physical examination identified by Party B. For Party B's employees who fail the re-examination, Party A has the right to request Party B to replace them in a timely manner, and at the same time, Party B must ensure the number of people in attendance, without affecting the production of Party A. Party A has the right to randomly check the labor contracts and identity certificates of Party B's employees, and Party B and its employees shall cooperate with Party A's random inspection.
(e) Party B's employees have the following behaviors, Party A has the right to require Party B to immediately replace:
1, Party B's employees violate the operating procedures, resulting in the work responsible for the work can not be run normally, or can not guarantee the quality of the work, resulting in losses to the Party;
2, Party B's employees seriously violate the Party's rules and regulations, job responsibilities and labor discipline;
3, Party B employees can not provide true and effective health certificates, identity certificates, or provide false health certificates, identity certificates;
4, Party B employees in the work of verbal abuse of others or brawl or physical, fist and foot strikes; Once found, Party A has the right to require Party B to return or replace, while Party B must ensure that the number of people in attendance, does not affect the progress of Party A's normal production work; for the Party B If the wages paid to the employees by Party B are lower than the minimum wage standard of the local government, Party A has the right to ask it to correct the situation immediately.
(F) Party A shall pay Party B's labor costs in a timely manner in accordance with the standards and payment methods stipulated in this contract.
(vii) Party A shall be responsible for the strict confidentiality of Party B's information, data and materials (including but not limited to technical, financial, sales information, data and materials) and other information that Party B is aware of.
(viii) Party A shall provide Party B with the necessary labor insurance products according to the needs of the work.
(ix) Party A shall, in accordance with the actual situation, provide appropriate accommodation and other living assistance to Party B's employees.
Second, the rights and obligations of Party B:
(a) Party B shall ensure that it has the legal qualifications to perform this contract, and provide Party A with the originals and copies of the relevant production, business license and other qualification certificates.
(ii) Party B shall ensure strict compliance with the relevant laws and regulations of the People's Republic of China*** and the State of China, in particular, the policies on labor security or welfare of employees, and at the same time undertake to comply with the guiding principles of Party A, including safety in production, labor hygiene and so on.
(3) Shall select and assign Party B employees who meet Party A's requirements to work at the workplace designated by Party A according to Party A's work demand, and at the same time undertake not to dispatch or use child labor.
(d) Party B shall handle legal labor procedures for the employees assigned to Party A, establish labor relations with them and sign labor contracts, and Party B shall provide Party A with the originals or photocopies of other relevant certificates of the employees (including but not limited to curriculum vitae, academic certificates, ID cards and health certificates) and guarantee the truthfulness and validity of the information. At the same time, Party B shall undertake to comply with the relevant provisions of the Labor Contract Law.
(e) Except for the special consenting circumstances of Party A, Party B's employees must meet the following conditions:
1. be physically healthy, in good mental condition, and have qualified and valid health certificates;
2. have junior high school education or above. Can effectively and clearly express themselves orally and in writing;
3. not suffering from dysentery, typhoid fever, viral hepatitis and other infectious diseases of the digestive tract (including carriers of the pathogen), active tuberculosis septic or exudative skin disease and other food hygiene impediments to the disease;
4. not suffering from occupational diseases identified by the Occupational Disease Identification Committee.
(F) educate Party B's employees to comply with the laws and regulations of the People's Republic of China and Party A's work rules and regulations.
(vii) Party B shall keep Party A's commercial secrets during the execution period of this contract and shall not disclose the relevant information to any third party. Party B shall educate its employees to keep Party A's commercial secrets, if Party B's employees' reasons (except for the matters permitted by Party A) lead to the leakage of Party A's commercial secrets, Party B shall bear the corresponding legal responsibility.
(H) Party B shall pay the salary of its employees on a monthly basis in accordance with the relevant provisions of the local government, and shall contribute to the social insurance and pay other related expenses as stipulated by the state, and the salary paid by Party B to its employees shall not be lower than the minimum wage stipulated by the local government.
(ix) Party B shall follow Party A's system of production management, and deal with employees and labor, personnel-related matters, including the establishment of the attendance system, employee separation and disciplinary action.
(j) Party B shall teach its employees to work strictly in accordance with Party A's job descriptions, production operating procedures and other quality standards. Accidental work injuries, economic compensation, labor disputes, etc. shall be borne by Party B.
(xi) Unless with Party A's permission, Party B can't change the work position of its employees at will, not to mention recall its employees at will (except Party B's employees resignation).
(xii) Party B's outsourcing job vacancies caused by Party B's employees, Party B should be filled within 2 working days from the date of notification.
(xiii) Party B's personnel in the workplace during the work injury, Party B shall undertake the application for the identification of work injuries and labor capacity identification applications, as well as the coordination of work, Party A shall actively cooperate. After the conclusion of the application for the identification of work injury and the application for the identification of labor capacity, Party B shall undertake the obligations of the employer in accordance with the relevant provisions of the Regulations on Work Injury Insurance and shall implement them in accordance with the relevant provisions.
C. Settlement and Payment of Fees:
(1) Party A shall settle the labor service fees for Party B in accordance with the standards and methods agreed by Party A and Party B: According to the agreement of both parties: . This fee includes the salary of Party B's employees, insurance, Party B's management costs and all other costs specified by both parties.
See the list and details of the monthly settlement of expenses passed by both parties.
(b) Party B's management should confirm the performance of the employees with Party A's relevant management in a timely manner.
(c) Party A and Party B agree that the 1st day of the previous month to the 30th day of the previous month shall be the normal settlement cycle of the labor service fee, Party B shall issue the corresponding amount of labor service invoices to Party A, and Party A shall pay Party B the labor service fee of the previous month before the 15th day of each month in a timely manner.
(d) Under normal circumstances, Party B shall ensure that the production is completed according to Party A's inspection plan.
(e) If Party A finds that the products completed by Party B fail to meet Party A's quality specifications, Party B shall take effective measures to correct in time.
Fourth, the responsibility for breach of contract:
(a) If Party B provides false qualification materials, Party A has the right to terminate this contract immediately, and Party B shall bear the responsibility for compensation for the losses caused by Party A.
(b) If Party B provides false qualification materials, Party A has the right to terminate this contract immediately.
(ii) If Party B fails to submit the relevant certificates of the employees sent by Party B to work for Party A in accordance with the period stipulated in this Contract and without justifiable reasons, Party A has the right to terminate this Contract unilaterally, and Party B shall be liable to compensate for the losses caused to Party A.
(iii) If Party B provides false qualification certificates, Party A has the right to terminate this Contract immediately.
(c) If Party B fails to sign labor contracts with its employees according to the provisions of this contract, or defaults on the payment of wages to its employees, or pays its employees wages lower than the local minimum wage, Party A may order it to make corrections within a certain period of time; if Party B fails to make corrections within a certain period of time, Party A has the right to terminate this contract unilaterally, and Party B will compensate for the losses caused to it.
(d) Party A fails to pay Party B's labor service fees under this contract for more than 10 working days without any reason, Party B has the right to terminate this contract; Party B causes losses, Party A will compensate for the losses.
(e) Party B violates the relevant Chinese laws and regulations and other provisions of this contract, Party A has the right to terminate the fulfillment of this Agreement, and the responsibility for breach of contract shall be borne by Party B.
(f) Party B violates the relevant Chinese laws and regulations and other provisions of this contract.
V. Term of the contract:
The term of this contract shall be from January 1, 2012 to January 31, 2012. The contract expires within days before the expiration of the contract, such as A and B have not proposed to terminate the contract, the two sides in the principle of mutual benefit in the expiration of the contract within days before the signing of a new contract.
Sixth, if due to force majeure, resulting in the contract can not be performed, both parties have the right to terminate this contract.
VII, A and B, except for written consensus, neither party shall transfer the rights and obligations in this contract to other third parties.
VIII. Disputes and outstanding issues:
(a) Any disputes about this contract, A and B shall negotiate to resolve, and if it can not be resolved, either party shall have the right to sue in a court of competent jurisdiction.
(ii) Any matters not covered in this agreement or contrary to the relevant state laws, regulations and provisions shall be implemented in accordance with the relevant state laws, regulations and provisions.
(c) The automatic or repeated waiver by either party of any breach by the other party of any provision hereunder shall not be deemed to be a waiver of the next breach of the same provision, or of any other provision.
(d) In the course of the performance of this contract, such as A and B in the region of labor prices and labor costs for significant adjustments (such as the local minimum wage, employee benefits, etc.), A and B should be based on the principle of friendly and equal consultation, and actively to be resolved.
This contract is in duplicate, A and B each sign a copy, with the same legal effect, from the date of signature / seal of the authorized representatives of both parties.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ ____ _________ ____ _________ Day
labor outsourcing contract model 2Party A:
Party B:
Party A and Party B, through equal consultation, reached the following agreement, *** with the observance of:
First, the scope of contracting: the janitorial selection and management of the handover to the party responsible for.
Second, Party B's duties and requirements: the guard position should be two rotating, to ensure that the position 24 hours without missing. The duties of the janitor are drawn up by Party A and Party B **** the same, and inform the hired personnel.
Third, contracting costs and payment: Party A will be responsible for the above things to Party B, Party A bear the cost of RMB XX yuan per month (capital: XX yuan), the rest of the costs required for this matter by Party B. The cost is borne by Party B itself. Party A to bear the cost of quarterly payment in advance.
Fourth, dispute resolution: disputes in the course of contract fulfillment, the two sides should consult to resolve.
V. Matters not yet resolved: after consultation between the two sides signed a supplementary agreement, the supplementary agreement and the main contract have the same effect.
Sixth, this agreement in duplicate, A and B each sign a copy. This contract is signed and sealed to take effect.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ month ____ day _________ year ____ month ____ Day
Labor Outsourcing Contract Model 3Party A (employer) name Legal representative Party A registered place of contact phone number
Party B (outsourcing unit) name Legal representative Party B registered place of contact phone number
Party A and B in the spirit of ? Friendly cooperation, equality and mutual benefit, complement each other? The principle of personnel outsourcing reached the following agreement:
A party according to the needs of the company's business, entrusted to party B for the party into the personnel business outsourcing services; party B according to the scope of authorization and the service requirements for the party to provide personnel outsourcing services.
Second, the scope of services of Party B
1. According to Party A's business needs to replace all the work related to Party A's business;
2. Provide replacement of the relevant information on employees, including copies of identity cards, to ensure that the documents are real and effective;
3. To deal with the follow-up of the returned personnel;
4. Timely payment of wages to replace the staff;
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5. Do a good job of safety education, dealing with labor disputes of replacement employees.
3. Rights and obligations of Party A
1. Party A has the right to supervise the quality of Party B's work.
2. Party A shall provide the number of required personnel, work content.
3. Party A may return the dispatched personnel to Party B in any of the following cases, and the corresponding costs shall be borne by Party B:
Failure to complete the work and tasks stipulated by Party A due to the dispatched personnel's own reasons, or the occurrence of serious man-made accidents; disobedience to the assignment, failure to comply with the labor discipline affecting the normal work; provision of documents and information is not true.
4. Party A shall pay Party B $ business outsourcing costs, Party A paid Party B __% of the outsourcing service costs in advance, the remaining costs at the end of the work ___ working days day settlement.
Fourth, the rights and obligations of Party B
1. Party B shall submit the business outsourcing plan to Party A within two working days before the start of the work.
2. Party B shall pay the labor remuneration on time.
3. The personnel sent by Party B should be able to perform the work according to Party A's requirements.
4. Party B shall educate the dispatched personnel to abide by Party A's labor discipline and employment rules, and obey the work arrangement.
5. Party B must have 1?2 on-site guidance and supervision, responsible personnel.
V. Other Agreements
1. During the performance of the agreement, any party, for any reason, request for termination or change of the agreement, should be __ days in advance to notify the other party in writing by Party A and Party B to consult the decision.
2. This agreement is in duplicate, Party A and Party B each holds a copy of the agreement by the two sides signed or stamped to take effect. Valid from __ years __ months __ to __ years __ months __.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ ____ _________ ____ _________ Date