2021 labor outsourcing contract common model

In the operation of the company, from time to time, labor services will be outsourced to others, we can through the labor outsourcing labor contract to protect their legitimate rights and interests. So how to write a labor contract? What to pay attention to in general? The following is a labor contract that I have organized for you, just for reference, welcome to read.

Labor outsourcing contract commonly used model 1

Employing unit (hereinafter referred to as Party A): ________________________

Outsourcing unit (hereinafter referred to as Party B): ________________________

According to the "People's Republic of China **** and the State Labor Law" and related laws and regulations, now A and B agreed by equal consultation, voluntarily signed this contract, in order to work in the future **** with compliance.

I. Term of Labor Contract

Article 1 The term of this contract shall be for a period of years, starting from ________ the ________ day of ________ to ________ the ________ day of ________, of which the probationary period shall be for ________ months, starting from ________ the ________ day of ________. ________ beginning on ________ and ending on ________ on ________.

Second, job duties and job content

Article 2 Party B agreed to work according to Party A's work needs, engaged in the work as the Department (store).

Article 3 Party B shall complete the corresponding work tasks according to the Party's "system" of the relevant provisions of the quality and quantity on time.

Third, labor protection and labor conditions

Article B workers implement ________________ work system.

Article V Party B to provide the necessary working conditions, the formulation of the relevant work norms.

Article 6 Party A is responsible for Party B to carry out the necessary professional ethics, business skills and relevant laws and regulations education and training. The cost is borne by Party A. If Party B breaks the contract, Party A should be compensated for this cost.

Fourth, labor compensation

Article 7 Party A shall follow the principle of distribution of remuneration according to labor distribution of Party B.

Article 8 The Party A shall follow the principle of distribution of remuneration according to labor.

Article 8 Party A shall pay Party B's basic salary in full in monetary form every month, of which the basic salary during the probationary period shall be ________, and the basic salary shall be ________ after the regularization. And depending on the business situation and the size of Party B's contribution to Party B issued the corresponding number of bonuses.

Article 9 If Party A needs Party B to extend working hours or work overtime on holidays due to special reasons, Party B shall arrange for Party B to take a break or pay overtime wages according to law.

Article 10 Due to Party A's reasons for Party B temporarily laid off to work, Party A shall ensure that Party B's monthly living expenses are not less than ________ yuan.

V. Insurance, welfare treatment

Article 11 Party A in accordance with the relevant provisions of the state and Sichuan Province social insurance for Party B for pension insurance, unemployment insurance and medical insurance.

Article 12 Party B is sick or injured, its wages and medical insurance treatment in accordance with the relevant laws, regulations and provisions of the State and Sichuan Province.

Sixth, labor discipline

Article 13 Party B shall strictly abide by the national laws and regulations formulated by Party A and work norms, and strictly abide by Party A's labor discipline.

Article 14 Party B shall abide by professional ethics, keep Party A's commercial secrets, and not do things that harm the interests of customers and Party A.

Article 15 Party B shall strictly abide by the national laws and regulations and work norms formulated by Party A in accordance with the law.

Article 15 Party B shall actively participate in the training organized by Party A, and strive to improve their own business quality and working ability.

Article 16 Without Party A's permission, Party B shall not sell other similar products other than those operated by Party A in private.

Article 17 Party B violates the provisions of Article 13, 14, 15 and 16 of this contract,

Party A may give its corresponding disciplinary action until the termination of the contract, and to pursue its corresponding financial responsibility and other legal responsibilities.

Seventh, the labor contract changes, cancellation, termination and renewal

Article 18 of the contract based on the laws, administrative regulations, rules and regulations change, the contract changes the relevant content.

Article 19 If there is a significant change in the objective circumstances on which this contract is based, which makes it impossible to fulfill this contract, the contract may be changed by mutual agreement of both parties.

Article 20 Due to the completion of Party B's work in the contract period Party A need to Party B for promotion (demotion), the two sides shall enter into a separate contract, the natural termination of this contract.

Article 21 The contract can be terminated by the consensus of both parties.

Article 22 Party B has one of the following circumstances, Party A may terminate this contract;

1. Failure to pass the examination during the probationary period;

2. Violation of the provisions of Articles 13, 14, 15 and 16 of this contract;

3. Serious dereliction of duty, malpractice and fraud, which caused significant damage to the interests of Party A;

4. Pursued in accordance with the law of criminal responsibility.

Article 23 In any of the following cases, Party A may terminate this contract, but shall notify Party B in writing thirty days before:

1. Party B is sick or injured in non-solidified work, and after the expiration of the medical period, it can not be engaged in the original work, nor can it be engaged in the work that Party A arranges in addition;

2. Party B can not be able to perform the work, and after the training or adjusting the work, it still can not be Competent work;

3, the two sides can not be based on the provisions of Article 19 of this contract to change the contract agreement.

Article 23 During the period of legal reorganization or serious difficulties in operation on the verge of bankruptcy, Party A may terminate this contract after explaining the situation to all the employees, listening to the opinions of employee representatives or trade unions, and reporting to the labor administration department.

If Party A hires another employee within six months after the termination of the contract in accordance with Paragraph 1 of this Article, Party B shall be given priority in hiring.

Article 24 Party B has one of the following circumstances, Party A shall not terminate this contract in accordance with Articles 22 and 23 of this contract:

1, illness or non-solid work injury, in the stipulated period of medical treatment;

2, workers in pregnancy, childbirth, breastfeeding;

3, other circumstances prescribed by laws and administrative regulations.

Article 25 Party B shall notify Party A in writing thirty days in advance of the termination of the contract.

Article 26 Party B may terminate the contract at any time by giving notice to Party A under any of the following circumstances:

1. During the probationary period;

2. Party A forces the labor by means of violence, threat, imprisonment, or unlawful restriction of personal freedom;

3. Party A fails to pay the labor remuneration or provide the labor conditions according to the provisions of the contract.

Article 27 The contract shall be terminated upon the expiration of the term of this contract. If either party expresses to the other party its intention to renew the contract 30 days before the expiration of the present contract, the two parties may renew the labor contract after consultation and agreement.

VIII. Economic compensation and indemnity

Article 28 The economic compensation or indemnity that may be involved in the violation or termination of this contract by one or both parties shall be carried out in accordance with laws, regulations and relevant provisions.

IX. Labor Dispute Handling

Article 29: Labor disputes arising from the performance of this contract shall be resolved through consultation between A and B. If the consultation fails, one or both of the parties to the contract shall apply for arbitration at the Arbitration Commission for Labor Disputes within sixty days from the date of the dispute. One or both parties may also apply for arbitration directly to this arbitration committee. If the arbitration award is not satisfied, a lawsuit can be filed with the People's Court.

X. Others

Article 30 The Interim System of Salary and Promotion Assessment for Employees of ________________ Company formulated by Party A is attached as an annex to this contract.

Article 31 Other agreements between Party A and Party B:

Article 32 If there are any matters not covered in this contract, or if they are contrary to the relevant provisions of the state or province in the future, they shall be implemented in accordance with the relevant provisions.

Article 33 This contract in duplicate, A and B each party. Both sides signed and sealed to take effect.

Party A: ________________________ Party B: ________________________

___________ year ________ month _____ day ___________ year ________ month _____ day

< strong> Labor Outsourcing Contract Commonly Used Model 2

Employing unit (hereinafter referred to as Party A): ________________________

Outsourcing unit (hereinafter referred to as Party B): ________________________

Party A and Party B are in accordance with the provisions of the Chinese People's *** and the relevant provisions of the National Code, based on the principle of equality and voluntariness, honesty and credit, mutual benefit and reciprocity, Party A will outsource some of the jobs to Party B for labor service outsourcing project has reached the following agreement:

I. Party A agrees that Party B contracted Party __________________ to perform labor service work.

Second, the duration of the contract

The term of this contract from the date of the year, to the date of the year. The contract expires within days before the expiration of the contract if both parties do not propose to terminate this contract, the two sides in the principle of mutual benefit within days before the expiration of this contract to sign a new contract.

Third, the workplace

________________________________________.

IV. Content of Outsourcing

________________________________________.

V. Settlement and Payment of Fees

(a) Party A settles the labor service fees for Party B's employees in accordance with the standards and methods agreed by Party A and Party B:

According to the agreement between the two parties:

1. ________________________________________________ )

2. ________________________________________________.

This fee includes the salary of Party B's employees, insurance, Party B's management costs, and all other costs specified by the parties.

(b) Party B's management shall promptly confirm the performance of the employees with Party A's relevant management.

(iii) Party A and Party B shall negotiate the normal settlement cycle of labor service fees from the _____ day of the previous month to the _____ day of the previous month, Party B shall issue labor service invoices to Party A for the corresponding amount, and Party A shall pay Party B the labor service fees for the previous month in a timely manner before the _____ day of each month.

(d) Under normal circumstances, Party B shall ensure that production is completed in accordance with 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 make timely corrections.

Sixth, Party A's rights and obligations

(a) Party A should be clear that Party B is engaged in the outsourcing of labor services, jobs, tasks and work requirements, and then Party B's staff is responsible for the development of their own job tasks.

(2) Party A shall provide Party B's employees with workplaces and safe working conditions in accordance with government regulations on labor protection. For Party B's first-time employees, Party A will train them in safety and operation procedures and send relevant training materials and requirements to Party B.

(3) A and B negotiated last month _____ to last month _____ as the normal settlement cycle of labor service fees, Party B issued the corresponding amount of labor service invoices to Party A, Party A in the month _____ before the last month on time to pay Party B labor service fees.

(d) Under normal circumstances, Party B shall ensure that production is completed in accordance with 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 them in time.

(F) Party B employees have the following behaviors, Party A has the right to require Party B to immediately replace:

1, Party B employees violate the operating procedures, resulting in the work responsible for the normal operation of the work can not be guaranteed, or the quality of work, resulting in losses to the Party;

2, Party B employees in serious violation of Party A's rules and regulations, job duties and labor discipline;

3, Party B employees can not provide true and effective proof of identity, or provide false proof of identity;

4, Party B employees in the work of verbal abuse of others or brawl or physical, fist and foot blows. Once found, Party A has the right to require Party B to return or replace, at the same time Party B must ensure that the number of attendance, does not affect the progress of Party A's normal production work, for Party B to pay the wages of employees below the minimum wage standard of the local government, Party A has the right to require it to immediately correct.

(VII) Party A shall pay Party B's labor fees in a timely manner according to the standards and payment methods stipulated in this contract.

(viii) 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.

(ix) Party A shall provide Party B with the necessary labor insurance products according to the needs of the work.

(j) Party A shall, in accordance with the actual situation, provide appropriate accommodation and other living assistance to Party B's employees.

VII. 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 copies of relevant business licenses and other qualifications.

(b) Party B shall ensure strict compliance with the relevant laws and regulations of the People's Republic of China, especially the policies on labor security or welfare of the employees, and at the same time, undertake to comply with the Party A's guidelines, including production safety, labor hygiene and so on.

(3) Shall select and assign Party B's employees who meet Party A's requirements to work at Party A's designated workplaces according to Party A's work requirements, and at the same time, undertake not to send or use child labor.

(4) Party B shall apply for legal labor procedures for the employees assigned to Party A, establish labor relations with them and sign labor contracts, and at the same time, Party B shall undertake to comply with the relevant provisions of the Labor Civil Code.

(e) Except for the special consent of Party A, Party B's employees must meet the following conditions:

1. Physically healthy, in good mental condition, and have a qualified and valid health certificate;

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 diseases;

4, not suffering from occupational diseases identified by the Occupational Disease Identification Committee.

(6) Party B shall educate its employees to abide by the laws and regulations of the People's Republic of China and Party A's work rules and regulations

(7) Party B shall conserve 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, and Party B shall bear the corresponding legal responsibility if Party A's commercial secrets are disclosed due to the reasons of Party B's employees (except for the matters permitted by Party A).

(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 in accordance with the provisions of 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, including the establishment of the attendance system, the development of operating procedures, employee separation and disciplinary action. (J) Party B shall teach its employees to work strictly in accordance with Party A's job description, production operating procedures and other quality standards, accidental injuries, economic compensation, labor disputes, etc. are borne by Party B.

(xi) Unless with Party A's permission, Party B can't change the work position of its employees at will, and can't 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 made up within 2 working days from the date of notification.

(xiii) Party B's personnel in the work of work-related injuries, Party B shall undertake the application for recognition of work-related injuries and identification of labor capacity, 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.

Party A: ________________________ Party B: ________________________

___________ year ________ month _____ day ___________ year ________ month _____ day

< strong> Labor Outsourcing Contract Common Sample 3

Employer (Party A): _____________________

Legal Representative: _________________________

Employee (Party B): _____________________

ID No.: ___________________________

According to the Labor Law of the People's Republic of China (PRC), the Law of the People's Republic of China (PRC) on Labor Contracts, and the provisions of relevant state laws and regulations, after equal consultation between Party A and Party B, they voluntarily enter into this Agreement on the establishment of a labor-employment relationship. Labor employment relationship, voluntarily signed this contract, in order to *** with the observance of the provisions set out in this contract:

First, the duration of the labor contract, the probationary period

Article 1 of this contract for the duration of ___ years term contract.

The effective date of this contract shall be from _______, ________ to _______, ________. The first __ months thereof shall be a probationary period beginning on _______ ___ and ending on _______ ___.

Article 2 Party B agrees to engage in ___ position (work) in ___ department (work) in accordance with the work needs of Party A, and to take up ___ work at the same time.

Article 3 Party B in accordance with the requirements of the job duties determined by Party A, conscientiously fulfill their duties, complete the work on time, to meet the required standard of work.

Article 4 Party A has the right to adjust Party B's job or position according to the work needs as well as Party B's work performance and work ability, and may arrange Party B to work in places other than the place of Party A's residence if the work needs. Party B is willing to obey the Party's work arrangements and management.

Article 5 Party B is not competent or not adapted to the post ______ (position) work, Party A has the right to decide to train or adjust the work ______ (position).

Third, working hours and rest, vacation

Article 6 Party A carries out the standard working hours system in accordance with the law, Party B's daily working hours ___ hours, plus extended working hours average weekly work does not exceed ______ hours.

Article 7 When Party A arranges Party B to work overtime or extra hours according to the needs of the work, Party A arranges Party B to have the same rest time or pays overtime wages according to the state regulations.

Article B according to the provisions of the state and Party B to enjoy paid annual leave, spousal leave, marriage and bereavement leave, maternity leave, breastfeeding leave, and the right to legal holidays and the implementation of the Saturday, Sunday and double-time off system.

Fourth, labor compensation

Article 9 of the wage compensation in accordance with Party A's wage system and assessment system. The monthly salary paid by Party A to Party B shall not be less than the minimum wage standard of ______ city for the year.

Article 10 Party B's monthly wage rate is ______ RMB, and the wage rate during the probationary period is ____% of the monthly wage.

Article 11 Party A carries out regular assessment of Party B's work according to the operating conditions, rules and regulations, and assessment system, and may adjust Party B's salary based on the assessment results and changes in Party B's positions and duties.

Article 12 Party A pays Party B's salary before tax, on the ___ day of the next month, the amount of salary will be transferred to Party B's payroll account, and paid in the form of a bank agent, and at the same time, Party A withholds and pays personal income tax according to state regulations.

Article 13 Party A shall increase or reduce Party B's salary according to Party B's working condition and rules and regulations.

1, salary increase: Party B has a special contribution to Party A or position promotion, Party A to increase the salary, but also according to the appropriate annual increase in wages.

2, salary reduction: one of the following circumstances, depending on the circumstances to reduce the amount of monthly or annual wages.

(1) Party B has not completed the work task according to the agreement of this contract or the quality of work does not meet the standard.

(2) Party B's fault or negligence, resulting in work errors or damage to Party A's reputation.

(3) When Party B is adjusted to reduce the duties of the job, the wage rate shall be determined according to the reduced duties of the job.

(4) violation of Party A's rules and regulations or attendance management system with late, early departure, absenteeism matters and leave for personal matters.

V. Insurance, welfare treatment

Article 14 Party A in accordance with the relevant provisions of the state and provinces and municipalities, for Party B to pay the basic pension, medical, industrial injury, maternity and other social insurance costs, Party B is responsible for Party B's personal part of the costs to be paid on behalf of the withholding and payment.

Article 15 Party B is sick or non-work-related injuries, with Party A designated hospital medical certificate in accordance with the relevant provisions of the state and Party A to enjoy the medical period, sick leave wages in accordance with the relevant provisions of the state and Party A.

Article 16 Party B is entitled to medical care, medical care, maternity, and other social insurance costs.

Article 16 Party A in accordance with the relevant provisions of the unit, to ensure that Party B enjoy other legitimate welfare benefits.

Sixth, labor protection, working conditions and education and training

Article 17 Party A, in accordance with national laws and regulations on labor protection, establish and improve the work norms, work systems, labor safety and health systems and job duties and regulations, to protect the health and safety of Party B in the labor process, to provide Party B with workplaces and labor tools that meet the national labor safety and health standards.

The company's workplace and labor tools are in compliance with national labor safety and health standards.

Article 18 Party A according to the needs of work, Party B for professional ethics, business skills, labor safety and other rules and regulations of education and training.

Seven, labor discipline

Article 19 Party B shall strictly abide by the laws and regulations of the state, abide by the professional ethics and Party A's rules and regulations, consciously safeguard the legitimate rights and interests of Party A, to obey the management of Party A, and take care of Party A's property.

Article 20 Party B shall comply with Party A's confidentiality system, to conserve Party A's commercial and technical secrets, in the contract period or within two years after the expiration of the contract, Party B shall not disclose Party A's confidential information to any third party.

Article 21 in the implementation of this contract during the period, Party B shall not in any other employer part-time (including part-time amateur).

Eight, the labor contract changes, termination, termination, renewal

Article 22 of the labor contract changes.

In any of the following cases, the specific terms of this contract can be changed by mutual agreement.

1. Changes in the laws, rules and regulations on which the contract was concluded.

2, Party A's staff structure, jobs need to be adjusted or changes in organizational structure.

3, Party B's work performance, knowledge and skills, physical condition can not meet the Party's work requirements.

4, in the contract period, Party B to participate in the Party funded by the study, training, should change or extend the contract period.

Article 23 of the circumstances of Party B to terminate the labor contract during the contract period, one of the following circumstances, Party B can terminate the labor contract.

1, in the probationary period, Party B proposed to terminate the labor contract ___ days in advance.

2, Party B notifies Party A in writing of the termination of the labor contract ____ days in advance.

3. Party A fails to provide labor protection or necessary working conditions as agreed in the employment contract.

4. Party A fails to pay social insurance premiums for Party B according to law.

5. Party A's rules and regulations violate laws and regulations and jeopardize Party B's legitimate rights and interests.

6. If the labor contract is invalid due to the circumstances stipulated in Article 26(1) of the Labor Contract Law.

7. Party A forces Party B to work by threat of violence or unlawful restriction of personal freedom.

8, laws and administrative regulations provide that Party B can terminate the labor contract in other cases.

Party B in the termination of the labor contract should be handled with Party A for the handover procedures.

Article 24 of Party A to terminate the labor contract.

1. Party B has one of the following circumstances, Party A may terminate the labor contract.

(1), during the probationary period is proved to be incompatible with the conditions of employment.

(2), serious violation of Party A's labor discipline and rules and regulations.

(3), serious dereliction of duty, malpractice, causing damage to the interests of the Party.

(4), Party B at the same time with other employers to establish labor relations or outside part-time.

(5), embezzlement, misappropriation, misappropriation of Party A's property is not enough to criminal punishment.

(6), have drug addiction, gambling habits.

(7), the labor contract is invalid due to the circumstances stipulated in Article 26(1) of the Labor Contract Law.

(8) Being investigated for criminal responsibility or being reformed through labor according to the law.

2. If Party B has any of the following circumstances, Party A may terminate the labor contract after compensating Party B ___ months' salary additionally:

(1) Party B suffers from a serious illness or injury not caused by work, and cannot perform the original work after treatment, or cannot perform the work which is arranged by Party A separately.

(2), Party B in the Party's organization of the job test, examination failed or can not perform the job, after training or adjust the job, still can not perform the job.

(3), the contract was concluded on the basis of the objective situation has changed significantly, resulting in the labor contract can not be fulfilled, after consultation between Party A and Party B, failed to change the content of the labor contract agreement.

(4), Party A in accordance with Article 4 of this contract to adjust the position or duties of Party B, Party B does not comply with Party A work transfer and arrangements.

(5), Party A's business situation in serious difficulties, the need for layoffs.

Article 25: Party A shall not terminate the labor contract:

1. Party B is sick or injured not due to work, within the necessary medical period.

2, female workers during pregnancy, childbirth, breastfeeding.

3. Party A suffers from occupational disease or work-related injury during the work period and is recognized as having lost or partially lost the ability to work.

4. If the employee has worked continuously for Party A for ____ years and is less than ____ years away from the legal retirement age.

5. Other cases stipulated by laws and administrative regulations.

Article 26 Upon termination of the labor contract, Party B shall go through the work handover formalities to Party A, and return Party A's tools, properties and various written and computerized materials. Party A shall apply for Party B's separation certificate and social security transfer procedures.

Article 27 Termination and Renewal of Labor Contract

The expiration of this contract, the natural termination of labor relations, such as the need for renewal, Party A shall notify Party B in writing in advance of ___ days, by Party A and Party B agreed to renew the contract, Party A in the expiration of the labor contract with Party B for the renewal of the contract procedures.

IX. Liability for breach of contract

Article 28 either party violates the terms of the labor contract, causing losses to the other party, shall bear the liability for breach of contract in accordance with the provisions of the compensation.

Article 29 Party B accepts Party A's funding for training, such as the occurrence of Party B's breach of contract, Party B should be in accordance with the provisions of Party A and the training agreement, bear the responsibility for breach of contract compensation.

Article 30 Party B shall bear the liability for liquidated damages if Party B leaves the company without going through the work handover procedures as required.

Article 31 Party B left Party A did not issue a certificate of separation for Party B, or not for Party B for the transfer of social insurance relations, should be regarded as a breach of contract. However, Party B's reasons for Party A can not handle or delivery of the above procedures except.

X. Labor Disputes

Article 32 of the labor disputes between Party A and Party B in the performance of this contract, the two sides shall consult to resolve the consultation fails, the parties may apply to the labor dispute arbitration institution for arbitration, or to the People's Court to file a lawsuit.

XI, other agreements

Article 33 of this contract signed by Party A's rules and regulations and subsequent revisions and new rules and regulations, as an annex to this contract.

Article 34 of this contract shall be negotiated by both parties.

Party A: ___________________ Party B: ___________________

_________ year ______ month _____ day ________ year ______ month _____ day

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