Model a
Party A:
Party B: Hangzhou Hangpeng Catering Management Company Limited
In order to standardize the kitchen operation, by the friendly negotiation between the A and B parties, according to the "Chinese People's *** and the State Contract Law" "Food Hygiene Law", "Catering and Collective Meals Distribution Units Hygiene Regulations" and other laws and regulations to enter into this agreement, in the B contracted to operate the Party A Kitchen during the period, *** with compliance.
I, contracting period
1, contracting period: contracting contract signed once every 1 year.
2, after the expiration of the contract period, within one month, neither party has raised objections in writing, both parties must renew the contracting business contract.
Two, the scope of the contract:
1, Party B contracted Party A staff restaurant daily working meals.
2, Party B can supply meals to Party A's affiliated units after Party A and Party B reach a consensus.
Three, the scope of contracting:
1, the staff meal standard is 8 yuan / portion of the middle and evening, are a large meat, a fried meat and a vegetarian dishes, rice, soup. Due to changes in prices and other objective conditions, the two sides negotiated to adjust the standard of staff meals.
2, each meal burned meat and vegetable dishes not less than 12.
3, the kitchen utilities are paid by Party A.
4, the guest reception dining standards developed by the two sides in separate consultations.
Four, payment:
1, the monthly meal by Party B to advance the implementation of their own funds, the expiration of the month by Party A and Party B to verify the confirmation of Party A and Party B before the 10th of the next month to pay Party B before the last month of the relevant meal payments.
V. Party A's rights and obligations
1, to provide kitchen facilities, equipment, utensils and dining space; to assist in providing kitchen facilities, equipment, technical maintenance work; kitchen to provide the water and electricity required for cooking.
2, Party A provides Party B with the latest number of diners every day; arranges for full-time staff to cooperate with the maintenance of dining order.
3, Party A to assist in checking Party B's operating procedures, to assist in checking the quality of Party B's health, quality of service; to assist in dealing with the staff casting, supervision of Party B's service commitment to complete the situation.
4, Party B appeared in one of the following situations, the cancellation of the qualification of meal supply;
1 disobedience to the management of Party A's functional departments, causing serious problems in the environmental health around the cafeteria, resulting in serious consequences;
2 service attitude is poor, the staff has great views, the Party notified in writing to rectify the situation, there is no obvious improvement;
3 poor quality of food, staff opinions, by the written notice of rectification, no obvious improvement;
3 poor quality, the staff has great opinions, by the written notice of rectification;
3 poor quality, the staff has great opinions. Employees' opinions are great, and there is no significant improvement after Party A's written notice for rectification;
4 Business license and health permit are found to be problematic during the spot check;
5 Food poisoning occurs or the group of 10 or more people suffer from gastrointestinal maladies due to uncleanness of Party B's food, tableware, and operation countertops.
6, Party B's rights and obligations:
1, Party B is the kitchen hygiene, fire prevention, security, food safety, the first person responsible for the operation must be strictly in accordance with the "Food Sanitation Law", "Catering and Collective Meal Delivery Units Hygiene Code" and other laws and regulations and the practitioners, devices, facilities, operating countertops, operating premises environment and other management. Party B is responsible for all losses caused by accidents due to Party B's mismanagement.
2. Party B and its employees must obey the supervision and management of Party A's functional management departments and comply with Party A's rules and regulations.
3. Without Party A's consent, Party A's kitchen shall not be used to provide services for other units or individuals, shall not provide external services within the company, shall not be subcontracted or change the nature of the service without authorization.
4, Party B shall not change the structure of the house and the layout of the device without authorization, such as Party B really need to obtain Party A's consent for business needs. Responsible for the maintenance, maintenance and cleaning of kitchen facilities, equipment, utensils including: tableware, utensils, knives, etc.. Contract period, Party A will organize personnel to acceptance inspection of the housing unit, if damaged, must be repaired or compensated.
5, Party A in one of the following cases, Party B has the right to stop feeding;
1 failure to pay according to the provisions of the contract, by Party B written notice, Party A did not pay by the due date, seriously affecting the feeding.
VII. Management of tableware:
1. During the contract period, the tableware is provided by Party A. Party B is responsible for the use and management of the tableware. Party B is responsible for the use and management.
2. Any breakage caused by Party B's responsibility shall be fully compensated by Party B. Losses caused by missing tableware shall be borne by Party B. Replacement of wear and tear caused by normal use, confirmed by both parties, the cost of each party to bear 50%.
VIII. Penalties:
1. If there is a delay of more than 5 minutes in the supply of meals due to Party B's faulty management arrangement, a fine of 30-150 yuan will be imposed.
2. If you find any unclean foreign matter in the fast food, you will be fined 10-50 yuan/time depending on the situation.
3, employees have complaints, after investigation is the fault of the fast food company fine 10-50 yuan / times.
4, really because of the food is not clean, resulting in individual employees food poisoning or digestive symptoms of more than 10 people, by the fast food company to bear all the medical costs and related economic losses.
Nine, other:
1, the contract is not concluded, by the two sides of the reciprocal and friendly negotiation to solve the problem. If the consultation fails, you can file a lawsuit to the People's Court of Hangzhou City and Binjiang District.
2, by a, b both sides **** with the negotiation of the supplementary agreement, as an annex to this agreement, and this contract has the same effect.
3, this contract in duplicate, by the A and B seal and signatures of the representatives of the two sides to take effect. A, B and each side of one copy.
A official seal: B official seal:
A representative signature: B representative signature:
Date: Date:
model two
Party A: company
Party B: chef
Party A and Party B through friendly consultation, Party B contracted to operate the kitchen of the Party to agree on the relevant matters and **** with the signing of the This contract, for both parties *** with the implementation.
One, the main content of contracting
1, contracting
Party B is responsible for the organization of the chef team in charge of Party A's production and management of the production and operation of the kitchen, the kitchen work in the kitchen all the employees assigned by Party B, except for the dishwasher. Party A pays Party B monthly for the contracted operation.
2, contracting period
Party B contracted to operate Party A's kitchen for a period of one year contracting period for the fiscal year, that is, 2011 months to 2012 months
3, contracting remuneration agreement
Party B 26 days before the end of each month to submit to the Party A the actual payroll register of the month's kitchen staff, and Party A in accordance with the provisions of the withholding of personal income tax. Withholding personal income tax. Before the 8th of the following month, Party B will provide Party A with the original payroll signed by the kitchen staff.
Second, Party B's contracting results in the following way to assess:
One, the income index assessment
1, Party A realized 85% of the budgeted income of the hotel dishes, excluding alcohol, barbecue and other budgets, Party B can get the full amount of monthly contracting compensation standard that is 75,000 yuan.
2, Party A realized in the month of the hotel dishes do not include alcohol, barbecue and other budget revenue is less than 85% of the budget does not include 85%, from the monthly contracting compensation deducted 10,000 yuan. Quarterly cumulative realization of food and beverage revenue excluding barbecue field to reach a monthly average of 85% and above, Party A will return in the quarter in each month due to revenue did not meet the assessment goals and deducted from the contracting compensation. The end of the year with reference to the quarterly assessment of pull-through calculation assessment.
3, Party A realized in the month of the hotel dishes do not include alcohol, barbecue and other budget revenue more than 85% of the budget, but less than the budget revenue, in the monthly contracting compensation standard full extra Party A according to the excess revenue part of the 1% to give Party B incentives. When the budgeted revenue of the hotel dishes excluding drinks and barbecue exceeds 100% of the budgeted revenue in the same month, Party A will give Party B an incentive of 3% of the excess revenue in the full monthly contracting remuneration standard. Excess part of the incentive calculation coefficients calculated in accordance with standard segments.
Two, dish cost rate assessment
1, approved dish cost rate: 42% -46%.
2. If the actual dish cost rate of the month exceeds the upper limit of the approved dish cost rate or is lower than the lower limit of the approved dish cost rate, for every percentage point exceeding or lower than 1, 1.5% of the total monthly contracted remuneration will be deducted, but the percentage of the deduction will not be more than 3% at the most. Any less than 1% shall be calculated at the above rate.
3. If Party B's actual dish cost rate exceeds the approved dish cost rate indicator by more than 2% for more than 3 consecutive months, Party A shall have the right to impose another penalty of 5% or more of the full amount of the monthly contracting remuneration standard on Party B, depending on the situation.
3. Party A's Management Requirements for Party B
1. Staff Structure and Establishment of Party B in Party A
1 The total number of employees in the kitchen team of Party B is 30, among which there are: 1 chef, 4 Szechuan stoves, 1 Hunan stoves, 2 Cantonese stoves, and 22 employees in other positions. Before signing this contract, Party B shall report to Party A the kitchen establishment and the staffing of posts and positions, which shall be attached as an annex to this contract. If Party B needs to adjust the establishment and staffing, it shall be agreed by Party A in writing.
2 The number of staff in the kitchen team assigned by Party B should be able to meet the needs of Party A's business changes, and the number of staff assigned cannot be reduced. If the number of employees assigned by Party B needs to be reduced, it must be agreed by Party A in writing, and Party A will reduce the contracting remuneration accordingly according to the wage market. If the normal operation of the hotel is affected by the staff stationed by Party B, Party B shall bear all the losses brought to Party A as a result.
2, kitchen and staff management
Party B contracted kitchen staff behavior should be subject to Party A unified management, in accordance with Party A management rules and regulations of the following acts should be punished accordingly, and from the month of contracting compensation deducted from the corresponding fine:
1 Party B kitchen staff stealing the kitchen property, including but not limited to the kitchen, food, dry and sideline materials, oil, etc., every time you find that. Deduction of 5% of the standard amount of monthly contractual compensation, but not less than the cost of the stolen property; kitchen staff stealing food, every time you find, according to the cost price of 20 times the deduction;
2 found that the kitchen staff out of the dishes do not billing or under-billing of the case of 1, each time by the monthly contractual compensation of 5% of the standard deduction, but shall not be less than the sale price of the dishes that are not billing or under-billing;
3 found that the kitchen staff The case of self-collection of food or self-collection without accounting, each time by 5% of the monthly contracting compensation standard deduction, but shall not be less than the amount of the actual amount of money collected;
4 Party B company personnel to accept the supplier's banquet, property and other behavior or to the supplier to ask for the above economic benefits, found once by 5% of the monthly contracting compensation standard deduction.
Three, the rights and obligations of both parties
A Party A's rights and obligations
1, Party B's kitchen staff daily behavioral norms of supervision, and in accordance with the provisions of Party A's management system.
2, responsible for the kitchen production and operation of the materials required for the procurement work, the procurement process in accordance with Party A's existing procurement management approach.
3, is responsible for monitoring the quality of Party B's products, and put forward suggestions and recommendations for improvement.
4, in accordance with relevant state laws and regulations, is responsible for organizing the kitchen financial accounting work.
5, Party B stationed in Party A after the change of personnel did not meet the requirements of Party A job skills, Party A has the right to require Party B to make adjustments within a specified period of time. Party B still does not meet the requirements of Party A, Party A may, depending on the circumstances of Party B contracting compensation to make the corresponding deduction.
6, in the kitchen staff illegal behavior under this contract to Party B for punishment. And according to the performance of the kitchen staff, to Party B proposed rewards and punishments.
7, Party B or kitchen staff behavior to Party A's reputation has an adverse impact, Party A has the right to ask Party B for compensation.