Chinese and foreign labor technical service contract

Party A: × Country × × company legal address: × × ×
Party B: China XX Company Legal Address: ×××

First

According to Party A's wishes, Party B agreed to send Chinese engineers, skilled workers and administrative staff to work in XX. The specific number, type of work, length of service and monthly salary are detailed in the attached file of this contract. This subsidiary file is an integral part of this contract.

Second

Party B's personnel entering and leaving China's borders and transit procedures shall be handled by Party B and bear the expenses. Party A’s visas for entry and exit to the country’s borders and the residences and labor permits required to be handled in the territory of the country shall be handled and paid for by Party A.

Article 3

1. During the work of Party B in Party X, Party A shall pay Party B's monthly salary 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:

Less than one month's salary = monthly salary / 30 days × working days

3. The above-mentioned wages shall be calculated on the day when the personnel of Party B arrives at the country of X and leave the country of X.

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 is sent to the China × × Company × × account of the Bank of China Head Office of Beijing Bank of China, and the handling fee is paid according to the regulations of the Bank of China × Bank. At the same time, notify the Economic Counselor of the Chinese Embassy in the Republic of China in writing.

5. Party A shall pay 25% of the monthly salary and overtime pay of Party B in the currency of ××国×× and remit it to the Economic Counselor’s Office of the Chinese Embassy in the XX Bank*× account.

Article 4

Party A shall be responsible for the travel expenses of Party B personnel from XX to XX, and shall be responsible for remitting this fee to the above Party B account. Party B's personnel returned from XX to XX, and Party A provided the ticket to Party B's personnel through XX Airlines. Party A is responsible for the excess weight of the baggage of Party B personnel only to or from one way, and its 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 working hours and overtime hours. Responsible for the medical expenses of the state hospital.

2. Party B’s salary and overtime pay are not subject to income tax.

3. Party A is insured by XX employees in XXX National Insurance Company. Its insurance premium is for each person

4. Party A provides the staff of 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 8-11 square meters;
The rest of the staff is 4,115 square meters.

7. Party A provides Party B with the drinking utensils used in the kitchen and the utensils needed to use the rice for themselves.

Article 6

1. Party B staff work six days a week and work eight hours a day.
2. According to the needs of the work, when Party A needs Party B's overtime work, 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 stipulated by XX State is 17 days.
2. Party B personnel enjoy 30 days of paid vacation each year. If Party B is unwilling to enjoy the above holidays or enjoy some days, Party A shall provide compensation to Party B. The salary shall be calculated according to the following methods: monthly salary / 30 days × holiday working 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. If the reasons other than the wishes of Party B are suspended, such as power outage, water cut, insufficient supply of materials, etc., Party A shall pay the wages of Party B during the period of suspension. However, according to the needs of the work, Party A has the right to work on other projects.

Article 9

In the case of an 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 salary for more than two months, and Party B is responsible for its travel expenses.

On 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 XX 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 and the replacement of the XX travel expenses within one month. Similarly, Party A will be based on the XX country.
Provision of measures to compensate the injured and sick.

2. During the period of XX, if the death of Party B personnel, Party A shall handle all the expenses of the funeral or the cremation of the remains and the transportation of the remains or ashes back to XX. There is also the cost of returning baggage and relics.

If you die due to work, pay the pension to the family of the deceased in accordance with the provisions of the XXX Protection Law.

Article 11

1. During the period of XX service, Party B's personnel shall abide by the existing laws and regulations of the XX State. They shall keep confidential and not disclose confidentiality, and shall not do anything harmful to Party A during the execution of their duties or after the conclusion of the contract.

Party B personnel should respect the local customs and customs of XX.

2. Party A shall provide Party B with convenient work, non-interference in the freedom of social activities outside of 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 x years, counting from the arrival of Party B's personnel to XX, including the vacations enjoyed by Party B's personnel in XXX or abroad.

2. This contract is effective as of the date of signature, valid for x years. Upon expiration, according to the requirements of Party A, it can 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 work for x years.

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 three months after Party A's notice, without any fees.

2. During the contract period, Party B personnel will give up their work without authorization and will not be granted ticket treatment. However, except for those who are ill due to the execution of work and have medical certificates.

3. During the signing of this contract or after signing, any party who has already been in XX will not enjoy the ticket from XX to XX. However, Party A is responsible for its travel expenses from XX to XX 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 personnel in XX, the current travel subsidy provisions of XX State shall apply to Party B personnel.

This contract was signed in XX on the day of the 19th.
person A person B
Representative: Representative:
Position: Position:
Signature signature

Article 15

The party to the accident shall be fifteen days due to earthquakes, typhoons, floods, fires, wars, and other force majeure accidents that cannot be foreseen and cannot be prevented or avoided due to their occurrence and consequences, resulting in direct impact on the performance of the contract or performance under agreed conditions. The internal 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 performing the contract may be waived or partially exempted, and a supplementary agreement on the remedy may be agreed upon for implementation.

Article 16

Both parties shall strictly abide by the terms 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 ensure 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

Except as otherwise provided in the contract or agreed by both parties, the rights and obligations of both 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 are 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 third country substantive law agreed by both parties and refers to relevant international conventions and international practices.

This contract is written in Chinese and X. The two languages ​​are equally valid. 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 the country of IX × × × × ×.

person A person B
Representative: Representative:
Position: Position: