International labor contract
Party A: ____________________________
Address: ____________ Telephone: ____________ Telex: ____________
Legal representative: ____________ Position: ____________ Nationality: ____________
Party B: ____________________________
Address: ____________ Telephone: ____________ Telex: ____________
Legal representative: ____________ Position: ____________ Nationality: ____________
Article 1 Purpose of the contract
The purpose of this contract: Party B shall provide technical workers, engineering and technical personnel and other personnel to Party A in accordance with the terms of this contract, and Party A shall pay compensation to Party B.
In order to ensure the smooth completion of Party A's project, both parties should cooperate with each other and conscientiously implement the contract.
Article 2 Personnel dispatch
1. Party B shall dispatch personnel in accordance with the plan agreed by both parties. The personnel required to be dispatched by Party A shall formally notify Party B in writing 2 months in advance. Party B agrees to submit a list of dispatched personnel to Party A one month before the dispatch, including name, date of birth, type of work, passport number and information required for entry into the country.
2. Party B is responsible for handling the exit procedures of Party B personnel and bears all expenses related to this. The entry and residence procedures in the ____ country are handled by Party A and bear the costs associated with this.
3. According to the needs of the engineering plan, dispatch personnel can increase or decrease at any time.
4. If it is necessary to increase the number of dispatched personnel, Party A agrees to submit a dispatch plan to Party B's headquarters two months in advance. Increase the salary of personnel and pay in accordance with the salary standards listed in Attachment 1 of this Agreement. If the new type of work is added, the salary standard shall be agreed by the representatives of the two parties at the construction site.
5. According to the progress of the project, if the site needs to reduce personnel, it should be implemented by the on-site representatives of both parties.
Article 3 Reserves
Party A agrees to pay Party B the dispatching fee of ________ USD per person. The preparation fee shall be transferred to Party B's ________ bank ________ account while submitting the dispatch plan to Party B.
Article 4 Salary
1. The salary of the dispatched personnel shall be paid in accordance with the salary scale agreed in the attached file. The salary shall be calculated from the date when the dispatched personnel leave the ________ airport of the country where the party is located to the date of leaving the ________ country ________ airport. Party B agrees to arrange the shortest route as much as possible to shorten the journey time.
2. The basic salary of dispatched personnel is detailed in the attached file.
3. The basic salary is calculated on a monthly basis. If the monthly salary is less than one month, the daily salary is 1/25 of the monthly salary.
4. According to the current economic situation of the ________ country, the basic salary of dispatched personnel is increased by ____% per year.
Article 5 Working hours and overtime
1. The working hours of Party B personnel are ____ days per month, ____ days per week, 8 hours per day.
2. ____ days of weekly leave, the date of specific leave can be arranged by both parties on the spot.
3. Due to material shortages, climatic conditions, etc., the construction work may be temporarily adjusted after consultation between the two parties. If due to the above and other reasons caused by the stoppage of Party A, Party A agrees to pay the salary of Party B's personnel.
4. If the work requires and with the consent of both parties, Party B personnel can work overtime. Party A pays overtime pay according to the following criteria.
The usual overtime pay is 125% of the basic salary;
Usually work overtime at night and overtime on holidays, the salary is 150% of the basic salary;
The holiday overtime pay is 200% of the basic salary;
The overtime pay calculation method is as follows:
×Overtime hours × percentage of overtime pay
The above overtime pay and basic salary are paid at the same time.
Article 6
1. Party A agrees to provide Party B with a full set of kitchen utensils and refrigerating equipment. Party B shall purchase a meal at its own discretion.
2. Party A agrees to pay Party B a meal fee of ________ USD per person per day for use.
3. The water for the canteen, the electricity and fuel, and the purchase of living materials shall be provided by Party A and paid.
Article 7 Festivals and vacations
1. All Party B personnel are entitled to the statutory holidays of the ____ government.
2. All Party B personnel shall enjoy ____ days of return home visits after working for 11 months and ____ days, and the round-trip ticket from ________ country ________ airport to ________ airport shall be paid by Party A. The shortest route should be arranged as much as possible.
3. If on-site construction requires Party B's personnel to postpone the vacation, Party B agrees to convince its personnel to postpone the leave, and Party A agrees to pay appropriate compensation in order to compensate Party B's losses.
4. Remuneration for compensation for the above losses may be agreed upon by the representatives of both parties on the basis of the situation at the time. However, this compensation should not be less than the one-way fare amount between the ________ country ________ airport and ________ airport.
5. If the staff of Party B has been working for more than half a year due to the unfortunate circumstances of their family members, they may enjoy the family leave in advance if they are agreed by the on-site representatives. If the relevant personnel have already enjoyed returning to China, their round-trip travel expenses shall be borne by Party B. Party A shall not pay wages for this type of leave.
Article 8 Travel and transportation
1. Party A shall bear the necessary room and board expenses for the round-trip travel expenses and airline entertainment between Party B's personnel from the ________ airport to the project site. However, Party B shall endeavor to reduce the expenses of this additional fee. Party A agrees to pay the entry fee of Party B's personnel into the ________ country.
2. Party A is responsible for providing the transportation of Party B's personnel to and from work, as well as providing work vehicles for on-site representatives, engineers and other management personnel.
3. Party B shall settle with Party A with the ticket or receipt.
Article 9 Taxes
All taxes paid by Party B personnel in ________ shall be borne by Party B; all taxes paid by Party B personnel in ________ countries shall be borne by Party A.
Article 10 Social Insurance
1. The personal insurance of Party B's personnel during the validity period of the contract shall be handled by Party B at its own discretion, and Party A shall agree to pay the personal insurance premium of ________ USD per person per month for Party B's dispatched personnel.
2. Party B has a work-related injury at the construction site. Party A only bears the medical expenses. If there is a fatal accident, Party B shall bear all the expenses, including the burial and pension.
3. If a person from Party B dies due to a work accident or illness, the body is transported back to his country of origin or buried on the spot, and the relics are transported back to their country of origin. All relevant expenses are borne by Party A.
4. If the dispatched person proves that he or she is absent from work for 30 days due to illness or work injury, the basic salary will be paid; between 30 days and 90 days, the basic salary will be 60%; for those who have exceeded 90 days, the salary will not be paid.
Article 11 Medical
1. When all employees of Party B have a work injury or illness in ____ country, their medical and hospitalization expenses shall be paid by Party A.
2. For the commonly used drugs and utensils used by the on-site medical office, Party B shall submit the purchase plan to Party A. After Party A's consent, Party B shall purchase it in its home country or elsewhere, and the expenses shall be paid by Party A.
3. If Party B is within 200 persons, with one doctor and one male nurse, if there are more than 200 people, whether to increase the medical staff will be determined by the on-site representatives of both parties.
Article 12 Labor Insurance Products
Party A agrees to pay all the labor protection articles dispatched by Party B, including two sets of work clothes, work shoes, gloves, glasses, helmets and safety belts per person per year.
Article 13 Payment Methods
1. In addition to the full payment of the airfare and preparation fees, Party A shall pay Party B's other expenses, which are paid in proportion to 80% of the US dollar and 20% of the ________ national currency. If it is necessary to change this ratio, The agreement was agreed by both parties.
2. The vacation pay and the airfare payable to Party B shall be paid at the beginning of the month of the vacation.
3. Party B's on-site accounting shall prepare the salary and other expenses of the dispatched personnel at the end of each month, including basic salary, overtime pay, and a food expenses. After Party A's review and approval, it shall be paid before the 10th of the following month. 80% of the US dollar portion, by Party A wire transfer ________ bank ________ account, bank remittance is borne by Party A. 20% of the ________ national currency is paid on site.
4. The exchange rate of the US dollar and the ________ national currency shall be converted according to the middle price of the sale and purchase announced by the government bank at the date of payment.
5. After the dispatched personnel of Party B arrive at the scene, Party A agrees to advance the food expenses for each person for one month. If other expenses are required, they shall be settled by the on-site representatives of both parties.
Article 14 Housing and office buildings
1. Party A will provide the housing of Party B personnel free of charge according to the following standards:
One representative per person, engineer and director;
1 assistant engineer, technician, doctor, accountant, translator and other management staff;
The other workers are about 4 square meters each, but each has no more than 12 people.
2. The house includes air conditioners, sanitary equipment, furniture and bedding.
3. Party A agrees to provide office equipment, washing equipment and supplies used by Party B's administrative staff.
Article 15 Personnel Conversion
1. Party B is responsible for dispatching qualified and skilled personnel to work in the ________ country. If Party A believes that the dispatched personnel are not qualified for the work, Party B shall be responsible for the replacement after the consent of the on-site representatives of both parties. Party B shall be responsible.
2. Party B personnel must abide by the laws of the ________ government and respect local customs and habits. If it is necessary to return to the country in violation of local laws and customs and customs, Party B shall be responsible for the return of the ticket after the negotiation between the two parties. The ticket shall be borne by Party B. If additional personnel are required to be substituted, Party B shall be responsible for the travel expenses from the airport to the site.
3. If Party B's personnel are confirmed to be unable to continue the worker due to illness and public injury, they shall be returned to their country of origin. The travel expenses shall be borne by Party A. If the medical condition is unqualified, it shall be confirmed by the doctors of both parties. Because of the negligence of Party B’s medical examination, it must be returned to its home country, and its travel expenses shall be borne by Party B.
Article 16 Force majeure
1. Due to irresistible accidents such as natural disasters, wars, political events, etc., work cannot be continued. Party A shall be responsible for returning Party B personnel to their country of origin.
2. In case of the above situation, Party A's personnel will not withdraw, and Party B's personnel will not withdraw, but Party A shall pay the wages of Party B's dispatched personnel.
Article 17 Dispute and arbitration
1. In the execution contract, if there is a dispute between the two parties, the two parties agree to resolve it through friendly negotiation. If the negotiation is invalid, it can be arbitrated by item:
The China International Economic and Trade Arbitration Commission conducts arbitration in accordance with the rules of the arbitration procedure.
The arbitration institution in the country where the respondent is located shall conduct arbitration in accordance with the rules of its arbitration procedure.
2. Once the dispute is decided, both parties must perform faithfully and the expenses incurred shall be borne by the losing party.
Article 18 Validity of the contract and other
1. This contract was signed in ________ on ____________________________________
This contract shall become effective from the date of signature by both parties until the end of the project, the dispatched personnel shall return to their original country of residence, and the accounts of both parties shall be terminated.
2. This contract and its affiliated files and engineering contents shall not be disclosed to third parties without the permission of the other party.
3. This contract uses the ________ text and the ________ instrument; both texts are equally authentic, and each party holds 2 copies.
Party A's representative: ____________ Party B's representative: ____________
Witness: ________ Law Firm Witness: ________ Law Firm
____________ lawyer ____________ lawyer
____________________________________________
Address: ____________ Telephone: ____________ Telex: ____________
Legal representative: ____________ Position: ____________ Nationality: ____________
Party B: ____________________________
Address: ____________ Telephone: ____________ Telex: ____________
Legal representative: ____________ Position: ____________ Nationality: ____________
Article 1 Purpose of the contract
The purpose of this contract: Party B shall provide technical workers, engineering and technical personnel and other personnel to Party A in accordance with the terms of this contract, and Party A shall pay compensation to Party B.
In order to ensure the smooth completion of Party A's project, both parties should cooperate with each other and conscientiously implement the contract.
Article 2 Personnel dispatch
1. Party B shall dispatch personnel in accordance with the plan agreed by both parties. The personnel required to be dispatched by Party A shall formally notify Party B in writing 2 months in advance. Party B agrees to submit a list of dispatched personnel to Party A one month before the dispatch, including name, date of birth, type of work, passport number and information required for entry into the country.
2. Party B is responsible for handling the exit procedures of Party B personnel and bears all expenses related to this. The entry and residence procedures in the ____ country are handled by Party A and bear the costs associated with this.
3. According to the needs of the engineering plan, dispatch personnel can increase or decrease at any time.
4. If it is necessary to increase the number of dispatched personnel, Party A agrees to submit a dispatch plan to Party B's headquarters two months in advance. Increase the salary of personnel and pay in accordance with the salary standards listed in Attachment 1 of this Agreement. If the new type of work is added, the salary standard shall be agreed by the representatives of the two parties at the construction site.
5. According to the progress of the project, if the site needs to reduce personnel, it should be implemented by the on-site representatives of both parties.
Article 3 Reserves
Party A agrees to pay Party B the dispatching fee of ________ USD per person. The preparation fee shall be transferred to Party B's ________ bank ________ account while submitting the dispatch plan to Party B.
Article 4 Salary
1. The salary of the dispatched personnel shall be paid in accordance with the salary scale agreed in the attached file. The salary shall be calculated from the date when the dispatched personnel leave the ________ airport of the country where the party is located to the date of leaving the ________ country ________ airport. Party B agrees to arrange the shortest route as much as possible to shorten the journey time.
2. The basic salary of dispatched personnel is detailed in the attached file.
3. The basic salary is calculated on a monthly basis. If the monthly salary is less than one month, the daily salary is 1/25 of the monthly salary.
4. According to the current economic situation of the ________ country, the basic salary of dispatched personnel is increased by ____% per year.
Article 5 Working hours and overtime
1. The working hours of Party B personnel are ____ days per month, ____ days per week, 8 hours per day.
2. ____ days of weekly leave, the date of specific leave can be arranged by both parties on the spot.
3. Due to material shortages, climatic conditions, etc., the construction work may be temporarily adjusted after consultation between the two parties. If due to the above and other reasons caused by the stoppage of Party A, Party A agrees to pay the salary of Party B's personnel.
4. If the work requires and with the consent of both parties, Party B personnel can work overtime. Party A pays overtime pay according to the following criteria.
The usual overtime pay is 125% of the basic salary;
Usually work overtime at night and overtime on holidays, the salary is 150% of the basic salary;
The holiday overtime pay is 200% of the basic salary;
The overtime pay calculation method is as follows:
×Overtime hours × percentage of overtime pay
The above overtime pay and basic salary are paid at the same time.
Article 6
1. Party A agrees to provide Party B with a full set of kitchen utensils and refrigerating equipment. Party B shall purchase a meal at its own discretion.
2. Party A agrees to pay Party B a meal fee of ________ USD per person per day for use.
3. The water for the canteen, the electricity and fuel, and the purchase of living materials shall be provided by Party A and paid.
Article 7 Festivals and vacations
1. All Party B personnel are entitled to the statutory holidays of the ____ government.
2. All Party B personnel shall enjoy ____ days of return home visits after working for 11 months and ____ days, and the round-trip ticket from ________ country ________ airport to ________ airport shall be paid by Party A. The shortest route should be arranged as much as possible.
3. If on-site construction requires Party B's personnel to postpone the vacation, Party B agrees to convince its personnel to postpone the leave, and Party A agrees to pay appropriate compensation in order to compensate Party B's losses.
4. Remuneration for compensation for the above losses may be agreed upon by the representatives of both parties on the basis of the situation at the time. However, this compensation should not be less than the one-way fare amount between the ________ country ________ airport and ________ airport.
5. If the staff of Party B has been working for more than half a year due to the unfortunate circumstances of their family members, they may enjoy the family leave in advance if they are agreed by the on-site representatives. If the relevant personnel have already enjoyed returning to China, their round-trip travel expenses shall be borne by Party B. Party A shall not pay wages for this type of leave.
Article 8 Travel and transportation
1. Party A shall bear the necessary room and board expenses for the round-trip travel expenses and airline entertainment between Party B's personnel from the ________ airport to the project site. However, Party B shall endeavor to reduce the expenses of this additional fee. Party A agrees to pay the entry fee of Party B's personnel into the ________ country.
2. Party A is responsible for providing the transportation of Party B's personnel to and from work, as well as providing work vehicles for on-site representatives, engineers and other management personnel.
3. Party B shall settle with Party A with the ticket or receipt.
Article 9 Taxes
All taxes paid by Party B personnel in ________ shall be borne by Party B; all taxes paid by Party B personnel in ________ countries shall be borne by Party A.
Article 10 Social Insurance
1. The personal insurance of Party B's personnel during the validity period of the contract shall be handled by Party B at its own discretion, and Party A shall agree to pay the personal insurance premium of ________ USD per person per month for Party B's dispatched personnel.
2. Party B has a work-related injury at the construction site. Party A only bears the medical expenses. If there is a fatal accident, Party B shall bear all the expenses, including the burial and pension.
3. If a person from Party B dies due to a work accident or illness, the body is transported back to his country of origin or buried on the spot, and the relics are transported back to their country of origin. All relevant expenses are borne by Party A.
4. If the dispatched person proves that he or she is absent from work for 30 days due to illness or work injury, the basic salary will be paid; between 30 days and 90 days, the basic salary will be 60%; for those who have exceeded 90 days, the salary will not be paid.
Article 11 Medical
1. When all employees of Party B have a work injury or illness in ____ country, their medical and hospitalization expenses shall be paid by Party A.
2. For the commonly used drugs and utensils used by the on-site medical office, Party B shall submit the purchase plan to Party A. After Party A's consent, Party B shall purchase it in its home country or elsewhere, and the expenses shall be paid by Party A.
3. If Party B is within 200 persons, with one doctor and one male nurse, if there are more than 200 people, whether to increase the medical staff will be determined by the on-site representatives of both parties.
Article 12 Labor Insurance Products
Party A agrees to pay all the labor protection articles dispatched by Party B, including two sets of work clothes, work shoes, gloves, glasses, helmets and safety belts per person per year.
Article 13 Payment Methods
1. In addition to the full payment of the airfare and preparation fees, Party A shall pay Party B's other expenses, which are paid in proportion to 80% of the US dollar and 20% of the ________ national currency. If it is necessary to change this ratio, The agreement was agreed by both parties.
2. The vacation pay and the airfare payable to Party B shall be paid at the beginning of the month of the vacation.
3. Party B's on-site accounting shall prepare the salary and other expenses of the dispatched personnel at the end of each month, including basic salary, overtime pay, and a food expenses. After Party A's review and approval, it shall be paid before the 10th of the following month. 80% of the US dollar portion, by Party A wire transfer ________ bank ________ account, bank remittance is borne by Party A. 20% of the ________ national currency is paid on site.
4. The exchange rate of the US dollar and the ________ national currency shall be converted according to the middle price of the sale and purchase announced by the government bank at the date of payment.
5. After the dispatched personnel of Party B arrive at the scene, Party A agrees to advance the food expenses for each person for one month. If other expenses are required, they shall be settled by the on-site representatives of both parties.
Article 14 Housing and office buildings
1. Party A will provide the housing of Party B personnel free of charge according to the following standards:
One representative per person, engineer and director;
1 assistant engineer, technician, doctor, accountant, translator and other management staff;
The other workers are about 4 square meters each, but each has no more than 12 people.
2. The house includes air conditioners, sanitary equipment, furniture and bedding.
3. Party A agrees to provide office equipment, washing equipment and supplies used by Party B's administrative staff.
Article 15 Personnel Conversion
1. Party B is responsible for dispatching qualified and skilled personnel to work in the ________ country. If Party A believes that the dispatched personnel are not qualified for the work, Party B shall be responsible for the replacement after the consent of the on-site representatives of both parties. Party B shall be responsible.
2. Party B personnel must abide by the laws of the ________ government and respect local customs and habits. If it is necessary to return to the country in violation of local laws and customs and customs, Party B shall be responsible for the return of the ticket after the negotiation between the two parties. The ticket shall be borne by Party B. If additional personnel are required to be substituted, Party B shall be responsible for the travel expenses from the airport to the site.
3. If Party B's personnel are confirmed to be unable to continue the worker due to illness and public injury, they shall be returned to their country of origin. The travel expenses shall be borne by Party A. If the medical condition is unqualified, it shall be confirmed by the doctors of both parties. Because of the negligence of Party B’s medical examination, it must be returned to its home country, and its travel expenses shall be borne by Party B.
Article 16 Force majeure
1. Due to irresistible accidents such as natural disasters, wars, political events, etc., work cannot be continued. Party A shall be responsible for returning Party B personnel to their country of origin.
2. In case of the above situation, Party A's personnel will not withdraw, and Party B's personnel will not withdraw, but Party A shall pay the wages of Party B's dispatched personnel.
Article 17 Dispute and arbitration
1. In the execution contract, if there is a dispute between the two parties, the two parties agree to resolve it through friendly negotiation. If the negotiation is invalid, it can be arbitrated by item:
The China International Economic and Trade Arbitration Commission conducts arbitration in accordance with the rules of the arbitration procedure.
The arbitration institution in the country where the respondent is located shall conduct arbitration in accordance with the rules of its arbitration procedure.
2. Once the dispute is decided, both parties must perform faithfully and the expenses incurred shall be borne by the losing party.
Article 18 Validity of the contract and other
1. This contract was signed in ________ on ____________________________________
This contract shall become effective from the date of signature by both parties until the end of the project, the dispatched personnel shall return to their original country of residence, and the accounts of both parties shall be terminated.
2. This contract and its affiliated files and engineering contents shall not be disclosed to third parties without the permission of the other party.
3. This contract uses the ________ text and the ________ instrument; both texts are equally authentic, and each party holds 2 copies.
Party A's representative: ____________ Party B's representative: ____________
Witness: ________ Law Firm Witness: ________ Law Firm
____________ lawyer ____________ lawyer
____________________________________________
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