Chinese and foreign labor contract (3)

By ________ company, headquartered in ________ as one party and China ________ company, headquartered in the People's Republic of China ____________ for the other party through friendly negotiation on ________________________________ Sign this contract in ________________.
In view of the employer’s desire to provide services for ________________________, Chinese companies are willing to provide services for this project;
Both parties agree to the following provisions:

Article 1 General Principles 1. The employer is responsible for the implementation of the project, and the Chinese company is responsible for providing labor services for the project.
2. This contract shall take effect from the date of signature until all remaining issues between the parties, including the date on which the Financial Prime Minister has completed the processing.

Article 2 Personnel 1. The Chinese company shall send its authorized representatives to the project in accordance with the types of work, the number of persons, the technical conditions, the date of dispatch and the term of work agreed upon in the “Provision of Labor Service” and the Supplementary File II of this contract. Class technical personnel, workers, management and service personnel 2. Subsidiary files 1 and 2 are the components of this contract. The contents of this contract shall not be changed after the signature of this contract is effective. In the special case, when the employer requests the change, the Chinese company shall agree. According to the following regulations:
1. If the person needs to change before leaving Beijing, the employer shall notify the Chinese company in writing of the change in advance ____ months. If the employer changes the plan and fails to notify the Chinese company in time, the Chinese company has already paid for the losses caused by the plan and the employer who ordered the ticket.
2. If the employment is terminated before the expiration of the employee's working period, the employer shall notify the Chinese company in writing ____ months before the termination of employment.
3. If the staff's working period is extended, the employer shall notify the Chinese company in writing ____ months before the expiration.
3. The authorized representative of the Chinese company is responsible for organizing the personnel to perform the duties of the Chinese company as stipulated in this contract at the construction site, and is responsible for the internal affairs of the management personnel.

Article 3 Visas and Other Documents 1. Chinese companies shall, in accordance with the relevant provisions of the Chinese government, handle all necessary formalities for personnel to enter and leave China's borders and bear the expenses.
2. The employer shall, in accordance with the relevant provisions of the government of the country where the project is located, handle all necessary procedures for the entry and exit of the project, the residence permit, the work permit and the driver's license, and bear the expenses.
If the employer handles the above procedures for the personnel, it shall clearly specify to the Chinese company all necessary documents provided by the Chinese company. If the documents are not clear due to the unclear requirements of the employer, resulting in the inability of the personnel to enter or obtain the residence and work permit, then China The company is not responsible.
3. If the employer fails to obtain the residence, work permit and driver's license for the person in the country where the project is located, and the personnel are unable to carry out the work, the employer shall pay the contractual salary to the person during the period. If a person is forced to return to the country, the employer shall pay for the return travel of the person and pay the compensation for the contractual salary of ____ months per person.
If the Chinese company does not provide all the necessary documents as required by the employer, the employer cannot handle the residence and work permit in the country where the project is located, so that the staff cannot work or be forced to return to China, and the salary of the staff, return travel, etc. by the Chinese company. burden.
4. The Chinese company shall notify the employer or employer of the authorized representative of the employer or employer in the country where the project is located, in accordance with the names, place of birth and date, title, passport number, date of issue and unit, and date of departure of the person in accordance with the attached files 1 and 2 of this contract. The employer shall, after receiving the notice from the Chinese company, go through the necessary formalities for applying for entry to the government of the country where the project is located, and notify the Chinese company. At the same time, the employer should notify the embassy of the country in the country where the project is located in order to apply for an entry visa.

Article 4 The requirements for personnel of Chinese companies shall be: ________
Comply with the technical conditions agreed by both parties in the subsidiary file;
Comply with local laws and regulations and respect local customs and practices;
Respect the technical guidance of employers;
Not participating in any political activity in the country where the project is located;
Comply with discipline and regulations at the site and in the premises;
Work with people of other nationalities employed by the employer to carry out the project.

Article 5 Requirements for Employers Employers should:
Give correct technical guidance to personnel;
Respect the personality, customs and lifestyle of the person;
Do not interfere with the freedom of movement of people during non-working hours;
Safeguard the safety of personnel;
The dismissal and replacement of personnel shall be agreed upon by the authorized representatives of the two sites.

Article 6 Working Hours 1. Personnel work 6 days a week, work 8 hours a day, 7 hours a night, and work hours are arranged by the employer and the authorized representative of the Chinese company at the construction site.
2. Any work stoppage caused by the responsibility of non-personnel such as materials waiting for power, blackout, and bad weather shall be counted as working hours and contractual wages shall be paid.
3. The time taken for one-way from the station to the construction site should not exceed 20 minutes. The time exceeded should be included in the working hours.
4. Personnel shall enjoy a ____ day paid break after they arrive at the construction site in China and before returning to China from the construction site after the expiration of this contract.

Article 7 Contract Wages 1. The monthly contract wages of the personnel shall be paid according to the following standards within the first year of the contract period:
1. Semi-skilled worker, help kitchen, service staff
2. Skilled mechanic, chef
3. Foreman
4. Technician, nurse, translator, accountant
5. Resident manager
6. Engineer, physician, accountant
7. Senior engineer,
8. Deputy authorized representative
9. Authorized Representatives 2. If the contract period is more than one year, the personnel shall start from the second year, and the annual contract wages shall increase by ________%.

Article 8 Night shift and overtime 1. According to the needs of the project, the employer requires the staff to work and work overtime at night. The authorized representative of the Chinese company should be agreed to, and the monthly working hours should not exceed ______ hours.
2. Night shift time means that from 9:00 pm to 5:00 am on the same day, the employer at night should pay wages at 150% of the contract wages; if the staff work overtime at night, the employer should pay overtime pay at 200% of the contract wage.
Third, the staff work overtime on weekdays, the employer should pay overtime pay at 150% of the contract wage. Employers should work overtime on holidays or weekly rest days, and employers should pay overtime pay at 200% of the contract wage.
Fourth, the hourly contract salary, calculated as follows:
Monthly contract salary -----
25x8

Article 9 Payment of Wages and Overtime Fees 1. The payment of personnel wages shall be from the date when the personnel leave China ________ until the date of return to China ________. The average daily wage is 1/25 of the monthly contract salary.
2. The authorized representative of the Chinese company at the construction site shall fill in the working hours and overtime hours according to the form provided by the employer, and prepare the payroll. The employer shall be ahead of the ________ days after the _______ day of the monthly salary settlement date The authorized representative of the site will review and approve.
3. After the payroll is approved, the employer shall pay the wages and overtime pay to the Chinese company in US dollars within ________ days after the monthly salary settlement date. Among them: ________% wire transfer to Beijing Bank of China Head Office Sales Department China company account ________________; ________% paid to the Chinese company site authorized representatives. If the employer delays payment, it shall pay interest to the Chinese company in US dollars in __________ per day due to the number of delays in the payment of the total amount owed.
The payment begins with the remittance bank sending the telex of the required remittance to the Bank of China in Beijing.

Article 10 Taxation The Chinese company shall be responsible for paying all taxes levied by the Chinese government for its personnel; the employer shall be responsible for paying all taxes levied by the government of the country where the project is located.

Article 11 Holidays, Weekly Rest Days and Annual Vacations 1. According to the government regulations of the country where the project is located, the weekly rest day is ________.
2. Personnel shall enjoy the statutory festivals, holidays and Chinese New Year promulgated by the government of the country where the project is located, and the National Day holiday of one day, for a total of ________ days.
3. Personnel who have completed their work for one year and enjoy the annual vacation for ________ days. The employer shall bear the return travel expenses of the vacation personnel from the resident to the Chinese ____. The personnel work is less than one year, and the actual number of vacation days is calculated according to the following formula:
____
Actual working months ____--= vacation days
12
4. Personnel shall enjoy full contractual wages during the festivals, holidays, and the above-mentioned Chinese holidays and annual vacations in the country where the project is located.
5. Due to the needs of this project and the requirements of the employer, the person may stay at the construction site to continue work without returning to the country, but it is subject to the agreement of the representatives of both parties. Under this circumstance, the annual salary of the staff and the return travel expenses from the construction site to Beijing are paid by the employer, and the contractual wages and overtime pay of the actual working days of the staff during the annual vacation are paid.

Article 12 Prepaid Wages 1. After each batch of personnel arrives at the construction site, the employer shall pay the prepaid wages equivalent to ____________ dollars per person in the local currency to the authorized representative of the Chinese company.
2. The Chinese company shall repay the above-mentioned prepaid wages from the ____th month after the personnel arrive at the construction site, pay off in ____ months, and repay a fraction of a month.

Article 13 Mobilization Fees 1. The employer shall pay a mobilization fee of ________ dollars to each person.
2. The above mobilization fee shall be transferred to the Bank of China China Company account in US dollars together with the ticket fee of the employer accompanying personnel after each batch of personnel arrives at the construction site.

Article 14 Insurance 1. The Chinese company shall insure the personal accident insurance in China from the date of its departure from China ____ to the date of return to China ____, and the insurance premium shall be borne by the employer. Employers should pay a monthly fee of ________ dollars per person per month to the Chinese company in US dollars.
2. After the person has insured personal accident insurance in China, the employer will no longer bear the compensation for the disability or death caused by the worker's illness or other reasons during the entire contract period.
3. After the person has insured personal accident insurance in China, if requested by the employer, the Chinese company may provide the necessary documents to the employer to prevent the employer from repeatedly insuring the person in the country where the project is located.

Article 15 Medical and sick leave 1. The employer shall provide free medical care, medicine and hospitalization for the person during the entire contract period due to illness or work injury. The Chinese medicine company required for purchase can be purchased, but the medicine, packaging and shipping costs are borne by the employer.
2. If the person is not sick for more than one month due to illness or work injury, the employer shall pay the full monthly salary. If the vacation is more than 1 month but less than 3 months, the employer shall pay ________% monthly contract salary. If the vacation is not cured for more than 3 months, it needs to be sent back to China for further treatment. The employer will not pay the salary for the fourth month, but should bear the travel expenses for returning to China. If the employer asks the Chinese company to send someone to replace the injured or sick person, the travel expenses of the replacement personnel from Beijing to the construction site are also borne by the employer.
3. If a person is killed or injured by work during the contract period, the employee shall be responsible for the treatment of his body and bear the cost of returning the remains of the deceased to China.

Article 16 Traffic, Communication Tools and Travel Expenses 1. Employers shall bear the travel expenses between China____ and the construction site and the ________kg excess baggage fee per person. The employer shall pay the return travel and excess baggage fees to the authorized representative of the Chinese company ________ days before returning to China after the expiration of the personnel contract.
2. Employers shall provide free transportation to the personnel from the station to the work site.
3. The employer shall provide the Chinese company authorized representative, engineer and resident manager with a small car and a small truck for the purchase of food and daily necessities. If the number of personnel exceeds ________, the employer should add a minivan. The driver and fuel required for the above vehicles shall be provided free of charge by the employer and shall be responsible for maintenance. In addition, the employer can use the employer's transportation for free on holidays for legitimate purposes such as sightseeing, shopping, and the like.
4. Authorized representatives and personnel of Chinese companies can use employers' communication tools free of charge, such as telephone, telex, fax and so on.
5. If the person is approved to travel by the employer, the travel expenses shall be borne by the employer, and the payment standard for the travel expenses and the currency used shall be handled in accordance with the relevant regulations of the employer.

Article 17 Living and Meal Facilities 1. Employers shall provide suitable housing for personnel free of charge. The standard for each person to use the area is: workers are ___________-__________ square meters; translation, accounting, technicians are ________-________ square Mi; authorized representatives, engineers, doctors, resident managers are ________-________ square meters; employers should also provide water, electricity, bedding, air conditioning, showers, sanitation, laundry equipment and supplies, and necessary furniture and spare parts free of charge. Employer Kitchens, restaurants, cookware, cutlery, ice machines, electric freezers and spare parts as well as water, electricity and fuel should be provided free of charge.
3. Chinese-style meals and cooking utensils can be purchased by Chinese companies in China. The cost is borne by the employer. The employer shall wire the US company account in US dollars within ____ days after receiving the bill for the purchase of the above items by the Chinese company.
4. The main and non-staple food purchased by Chinese companies at their own expense. However, the necessary number of chefs and cooks dispatched by Chinese companies for this purpose should enjoy standard hourly wages for overtime work and weekly rest days and holidays.
5. Some non-staple foods required by personnel, if they need to be transported by air or sea from China to the country where the project is located, after the goods arrive at the airport or port, the employer should provide assistance in customs clearance, delivery, transportation, etc.

Article 18 Labor Insurance Products and Gadgets 1. Employers shall provide general labor insurance products and special labor insurance products and office supplies free of charge. The general labor insurance products listed in the attached file of this contract may be purchased by the company in China. Employers shall Chinese companies pay ________ dollars per person. Special labor insurance products, if you need Chinese company purchasing, the employer will pay the goods according to the actual payment, and bear the packaging fee and shipping cost of these materials.
Second, employers should provide personnel with free hand tools for each type of work. If you need a Chinese tool to purchase a Chinese company in China, the cost will be borne by the employer. The employer should wire the US dollar account to the Chinese company account within ____ days after receiving the bill for the Chinese company to purchase the manual gadget.
3. This contract is not listed, but other supplies necessary for the smooth implementation of this project shall be provided free of charge by the employer after consultation and approval by the authorized representatives of the two sites.

Article 19 Confidentiality 1. Chinese companies and their personnel shall keep confidential the secrets of third parties during the execution of this contract.
2. The employer and any of its employees shall keep secrets of the third party's conditions and prices for the services provided by the Chinese company as stipulated in this contract and other relevant materials and conditions during the execution of this contract.

Article 20 Matters involving third parties 1. Matters arising from the performance of this contract or related to this contract involving the government of the project or any third party shall be handled by the employer and shall bear the expenses incurred.
2. The affairs of the government or any third party involved in the project due to misconduct or negligence shall be handled by the employer assisting the Chinese company, and the expenses incurred shall be borne by the Chinese company.

Article 21 Force Majeure Due to natural disasters, wars, civil strife, blockades, riots, infectious diseases, coups, etc., the project cannot be suspended. In this case, the employer should pay for the return travel of the person.

Article 22 Any dispute arising from the execution of this contract or related to this contract shall be settled through friendly negotiation between the two parties; if the negotiation cannot be resolved, it shall be submitted to arbitration. The arbitration is conducted in the country where the respondent is located. In China, the China International Economic and Trade Arbitration Commission conducts arbitration in accordance with the Interim Rules of the Arbitration Program. In ________, arbitration is conducted in accordance with the rules of its arbitration program. The arbitral award is final and binding on both parties.

Article 23 Supplementary or Modification of a Contract may be supplemented or modified by the parties upon negotiation as required. Amended or supplemented terms are signed in writing by both authorized representatives and become an integral part of this contract and have the same effect as this contract.

Article 24 This contract is written in both Chinese and English, and the Chinese and English versions have the same legal effect. Each party holds one copy.

Chinese ________ company representative signature: ________
____________ Company representative signature: ________

Chinese and foreign labor contract

Party A: ________ Country ________ Company Legal Address: ________
Party B: China ______________ Company legal address: ________

Article 1 According to the wishes of Party A, Party B agrees to dispatch Chinese engineers, skilled workers and administrative personnel to work in the ________ country. The specific number of people, engineering, working age and monthly salary can be found in the attached file of this contract. This subsidiary file is an integral part of this contract.

Article 2 The procedures for Party B's entry and exit to China's borders and transit procedures shall be handled by Party B and shall bear the expenses. The visas for Party B's entry and exit to the country of ________ and the procedures for residence and labor licenses required to be handled within the territory of ________ shall be Party A is responsible for handling and paying for its expenses.

Article 3
1. During the work of Party B in the ________ country, Party A shall pay the monthly salary to Party B personnel in accordance with the provisions of this contract.
2. For Party B personnel who have worked for less than one month, they shall be calculated according to the following formula:
Monthly salary is less than one month's salary =---____ working days.
30 days
3. The above wages shall be calculated on the date of the departure of the Party’s personnel from the ________ country to the date of leaving the ________ country.
4. Party B shall submit Party B's salary for the month, including overtime pay, to Party A at the end of each month. Party A shall pay Party A in US dollars at 75% of the amount listed in the list within three days from the date of the list, and press the same day. The price of the card shall be transferred to the ________ account of the China ________ company of the Bank of China Head Office of Beijing Bank of China, and the commission shall be borne by the ________ country ________ bank. At the same time, notify the Chinese Economic Counselor's Office of the Chinese Embassy in ________.
5. Party A shall pay 25% of the monthly salary and overtime pay of Party B in the ________ country ________ currency and remit it to the Economic Counselor of the Chinese Embassy in the _______ Bank ________ account.

Article 4 Party A shall be responsible for the travel expenses of Party B personnel from ________ to ________, and shall be responsible for remitting the fees to the above Party B accounts. Party B shall return to ________ from ________, and Party A shall provide the ticket to Party B personnel through ________ Airlines. Party A is responsible for the excess weight of the baggage of Party B personnel to and from one way, and the weight is 20 kg.

The fifth
1. Party A is responsible for the accommodation expenses of Party B personnel. Provide transportation from the place of residence to the construction site during work hours and overtime hours. Responsible for medical expenses of state-run hospitals.
2. Party B’s salary and overtime pay are not subject to income tax.
3. Party A shall insure the life insurance of the Party’s personnel in the ________ National Insurance Company. The insurance premium is per person.
4. Party A provides Party B with the tools needed for work clothes and work.
5. Housing provided by Party A includes water, electricity, air conditioning and necessary furniture, beds and bedding.
6. The living area of ​​Party B personnel is as follows:
The leader, engineer, technician and administrative staff are 8-10 square meters;
The rest of the staff is 4 to 5 square meters.
7. Party A provides Party B with cooking utensils for the kitchen and tableware for the purpose of using the food.

Article 6
1. Party B staff work six days a week and work eight hours a day.
2. According to the needs of the project and Party A needs Party B to work overtime, the overtime pay is calculated according to the following proportions:
Usually work overtime is 150% of the daily wage.
Weekly work overtime is 200% of daily wages.

Article 7
1. Party B's personnel enjoy Sunday's holiday and the official holiday of the ________ country is 17 days.
2. Party B personnel enjoy 30 days of paid vacation each year. If Party B does not wish to enjoy the above holidays or enjoy part of the number of days, Party A shall provide compensation to Party B.
Monthly salary
The salary is calculated as follows: ---____ holiday work days 30 days

eighth
1. Party A shall have the right to terminate this contract at any time in accordance with the requirements of the general interest. In this case, Party B shall enjoy the salary for the remainder of the term of three months or this contract, subject to the shortest time. Party B personnel will be entitled to enjoy the return of the ________ ticket.
2. In the case of reasons other than the wishes of Party B, such as power outages, water cuts, insufficient supply of materials, etc., Party A shall pay the wages of Party B personnel during the period of work stoppage. However, according to the needs of the work, Party A has the right to make it work on other projects.

Article 9 In case of emergency, Party A shall, after receiving written notice from Party B, grant two months of emergency leave to the person in question and pay him a replacement for the usual holiday. There is no wage for the period of more than two months, and Party B is responsible for its travel expenses.
For emergency leave, for more than two months, Party B shall replace it within one month after the end of two months and shall be responsible for the travel expenses of the replacement.

Article 10
1. Party B's personnel are sick or disabled due to work, and Party A is responsible for paying medical expenses and total wages in ________ within two months. If it cannot be healed within two months, Party B shall be responsible for the replacement. In this case, Party A shall be responsible for the travel expenses of the injured person returning to ________ and the travel expenses of the replacement person to ________ within one month. Similarly, Party A will provide various measures to compensate the injured and sick according to the provisions of the ________ country.
2. During the ________ period, if Party B’s personnel die, Party A shall handle all the expenses of the funeral or the cremation of the remains and the return of the remains and ashes back to ________. There is also the cost of returning baggage and relics.
If you die as a result of work, pay the pension to the family of the deceased in accordance with the provisions of the ________ State Protection Law.

Article 11
1. During the ________ service period, Party B's personnel shall abide by the current laws and regulations of the ________ country, keep confidential, do not disclose confidentiality, and do not do harm to Party A's interests during or after the execution of the contract.
Party B personnel should respect the local customs and practices of ________.
2. Party A shall provide Party B with convenient work, non-interference in the freedom of social activities outside its working hours and in the place of residence, respect the living habits of Party B personnel and good suggestions for promoting work.

Article 12
1. The service period is ________ years, starting from the arrival of Party B's personnel in ________, including the holidays enjoyed by Party B's personnel in ________ domestically or abroad.
2. This contract is effective as of the date of signature and is valid for ________ years. Upon expiration, upon the request of Party A, it may be extended with the consent of Party B.
3. After the extension of this contract, the wages of Party B will increase by 15% after ________ years of work.

Article 13
1. During the work of Party B's personnel, Party A has the right to replace any of its incompetent personnel. Party B shall replace it within one month after Party A's notice, and shall not pay any fees.
2. During the contract period, Party B personnel renounce their work without authorization and will not be treated as air tickets, but they will be ill due to the execution of their work, except for medical certificates.
3. During the signing of this contract or after signing, any party whose Party B is already in ________ does not enjoy the ticket from ________ to ________. However, Party A is responsible for the travel expenses from ________ to ________ at the end of the work in accordance with the provisions of this contract.
4. Party A does not allow Party B to work privately or in any way outside of work.

Article 14
1. From the beginning of the work, Party A will pay Party B a two-month advance payment and repay it within four months.
2. After the arrival of Party B's personnel in ________, the current travel subsidy provisions of the ________ country shall apply to Party B's personnel.

Article 15 When an earthquake, typhoon, flood, fire, war or other force majeure accident that cannot be foreseen and cannot be prevented or avoided due to its occurrence and consequences causes direct impact on the performance of the contract or performance in accordance with the agreed conditions, the party to the accident shall Within 15 days, the telegram informs the other party and submits a valid certificate issued by the local notary office. After the negotiation between the two parties, the responsibility for performance of the contract may be waived or partially exempted, and a supplementary agreement on remedies may be agreed upon for implementation. .

Article 16 Both parties shall strictly abide by the provisions of this contract, and either party or both parties shall be liable for breach of contract and shall be responsible for compensation for all economic losses arising therefrom.

Article 17 In order to guarantee the performance of this contract and its subsidiary files, the parties shall provide each other with a bank guarantee for the performance contract, or negotiate other forms of guarantee.

Article 18 Unless otherwise provided in the contract or agreed by both parties, the rights and obligations of the parties as provided in this contract shall not be transferred to a third party without the written consent of the other party.

Article 19 Both parties shall be responsible for the confidentiality of the contents of the contract and its implementation.

Article 20 In the event of a major change in circumstances, the parties may negotiate to amend, supplement or even terminate or terminate this contract, without prejudice to the parties' claim for damages and the validity of the contract in resolving the disputed clause.

Article 21 All disputes arising out of the execution of this contract or matters related to this contract shall be settled through friendly negotiation between the two parties. If the agreement cannot be obtained, the defendant country will conduct arbitration according to the arbitration rules of the arbitration institution of the respondent country. The arbitration decision is final and is equally binding on both parties. Arbitration fees shall be borne by the losing party unless otherwise determined by the arbitral institution.

Article 22 Party A shall assist Party B to hire a local lawyer to act as Party B's legal counsel at the place of performance of the contract to assist and guide Party B in fulfilling the contract and resolving the dispute. The expenses shall be borne by Party A.

Article 23 The applicable law of this contract chooses the substantive law of third countries that is mutually agreed by both parties, and refers to relevant international conventions and international practices.
This contract is written in Chinese and ________ text, and both texts are equally authentic. The original of the contract is two copies, each party holds one copy; several copies are made.
This contract is signed by the authorized representatives of Party A and Party B in ________________________________________________________________________________________________________________________________________________________________________

Party A: ________________
representative:________________
Position: ________________
signature:________________

Party B: ________________
representative:________________
Position: ________________
signature:________________

Witness: ____ Law Firm's lawyer signature: ____________

Attached files: