Foreign labor technical service contract
Promulgation unit: Economic Contract Division of the State Administration for Industry and Commerce
Party A: _ Country ___ Company Legal Address:
Phone: Fax: Telegraph registration:
Party B: China ___ Company Legal Address:
Phone: Fax: Telegraph registration:
First
According to Party A's wishes, Party B agreed to send Chinese engineers, skilled workers and administrative staff to work in the country. The specific number of people, types 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 shall bear the expenses. Party A's visas to enter and leave the country's borders and the residence and labor licenses required to be handled in the country shall be handled and paid for by Party A.
Article 3
1. During the work of Party B, Party A shall pay Party B the monthly salary according to the provisions of this contract.
2. Any Party B who has worked for less than one month shall be calculated according to the following formula: wages of less than one month's salary month =--× working days 30 days
3. The above-mentioned salary shall be calculated on the day when the personnel of Party B arrives at the date of departure and leaves the country.
4. At the end of each month, Party B shall submit the monthly salary of Party B personnel, including overtime pay, to the Party A. Party A shall pay in 7 days of the amount listed in the list within 7 days from the date of the list, and According to the price of the day, wire the bill to the China Bank of China Head Office, China ___Company ___ account, and pay the commission according to the regulations of the _____ bank. At the same time, the Chinese Counsellor’s Economic Counselor’s Office will be notified in writing.
5. Party A shall pay 25% of the monthly salary and overtime pay of Party B in the country's currency and remit it to the Economic Counselor of the Chinese Embassy in the ___Bank___ account.
Article 4
Party A is responsible for the travel expenses of Party B personnel from ___ to ___ and is responsible for remitring the fee to the above Party B account. Party B returns from ___ to ___, and Party A provides the ticket to Party B through ___airline. 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, providing transportation from the place of residence to the construction site during working hours and overtime hours, and is responsible for the medical expenses of the state-run hospital.
2. The wages and overtime pay of Party B's personnel are not subject to income tax.
3. Party A shall insure the life insurance of the Party B personnel in the State Insurance Company. The insurance premium is __ per person.
4. A provides Party B with the tools needed for work clothes and work.
5. Housing provided by Party A, including 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 to 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 employees work 6 days a week and work 8 hours a day.
2. According to the needs of the project, when Party A needs Party B's overtime work, the overtime pay is calculated according to the following proportions: the usual overtime is 150% of the daily wage, and the weekly holiday is overtime is 200% of the daily salary.
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 leave 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. The salary shall be calculated according to the following methods: monthly salary - × holiday working days. 30 days
eighth
1. According to the requirements of the general interest, Party A has the right to terminate this contract at any time. In this case, Party B shall enjoy the salary for the remaining period of 3 months or this contract, subject to the shortest time. Party B personnel will be entitled to enjoy the ticket back to ___.
2. Stop work for reasons other than the wishes of Party B, such as power outage, water cut, insufficient supply of materials, etc. Party A pays the salary of Party B 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 the event of an emergency, Party A shall, after receiving written notice from Party B, grant 2 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 2 months, and Party B is responsible for its travel expenses. For emergency leave, for more than 2 months, Party B shall replace it within 1 month after the end of 2 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 _ domestically within 2 months. If it cannot be cured within 2 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 travel expenses of the replacement to ___ within one month. Similarly, Party A will provide various measures to compensate the injured according to the regulations of the State.
2. During the period of ___, 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 return of the remains or ashes back to ___. 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 State Protection Law.
Article 11
1. During the ___ service period, Party B's personnel shall abide by the current laws and regulations of the State, 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 ___ local customs and habits.
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 ___ years, starting from the arrival of Party B's personnel in ___, including the holidays enjoyed by Party B's personnel in ___ domestic or foreign countries.
2. This contract is effective as of the date of signature and is valid for ___ years. Upon expiration of the term, Party B may, with the consent of Party B, extend it.
3. After the extension of this contract, the staff of Party B will increase their monthly salary by 15% after ___ years of work.
Article 13
1. During the work of Party B, Party A has the right to replace any person who is incompetent. Party B shall replace it within 3 months after Party A's notice, and shall not pay any fees.
2. During the contract period, Party B personnel will give up their work without authorization and will not be given ticket treatment. However, due to the implementation of work and illness, and there are medical certificates.
3. During the signing of this contract or after signing, any party whose party is already at ___ 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 work, Party A shall pay Party B a two-month advance payment and repay it within 4 months.
2. After the arrival of Party B's personnel in ___, the current travel subsidy provisions of ___ country shall apply to Party B personnel.
Article 15
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, which directly affects the performance of the contract or is performed in accordance with the agreed conditions, the party to the accident shall be 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 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 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 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 _ text, and both texts are equally authentic. The original contract is 2 copies, each party holds 1 copy; several copies are made.
This contract is signed by the authorized representatives of both Party A and Party B in _________.
person A person B
Representative: Representative:
Position: Position:
Signature
witness:
×× Law Firm Lawyer:
Party A: _ Country ___ Company Legal Address:
Phone: Fax: Telegraph registration:
Party B: China ___ Company Legal Address:
Phone: Fax: Telegraph registration:
First
According to Party A's wishes, Party B agreed to send Chinese engineers, skilled workers and administrative staff to work in the country. The specific number of people, types 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 shall bear the expenses. Party A's visas to enter and leave the country's borders and the residence and labor licenses required to be handled in the country shall be handled and paid for by Party A.
Article 3
1. During the work of Party B, Party A shall pay Party B the monthly salary according to the provisions of this contract.
2. Any Party B who has worked for less than one month shall be calculated according to the following formula: wages of less than one month's salary month =--× working days 30 days
3. The above-mentioned salary shall be calculated on the day when the personnel of Party B arrives at the date of departure and leaves the country.
4. At the end of each month, Party B shall submit the monthly salary of Party B personnel, including overtime pay, to the Party A. Party A shall pay in 7 days of the amount listed in the list within 7 days from the date of the list, and According to the price of the day, wire the bill to the China Bank of China Head Office, China ___Company ___ account, and pay the commission according to the regulations of the _____ bank. At the same time, the Chinese Counsellor’s Economic Counselor’s Office will be notified in writing.
5. Party A shall pay 25% of the monthly salary and overtime pay of Party B in the country's currency and remit it to the Economic Counselor of the Chinese Embassy in the ___Bank___ account.
Article 4
Party A is responsible for the travel expenses of Party B personnel from ___ to ___ and is responsible for remitring the fee to the above Party B account. Party B returns from ___ to ___, and Party A provides the ticket to Party B through ___airline. 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, providing transportation from the place of residence to the construction site during working hours and overtime hours, and is responsible for the medical expenses of the state-run hospital.
2. The wages and overtime pay of Party B's personnel are not subject to income tax.
3. Party A shall insure the life insurance of the Party B personnel in the State Insurance Company. The insurance premium is __ per person.
4. A provides Party B with the tools needed for work clothes and work.
5. Housing provided by Party A, including 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 to 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 employees work 6 days a week and work 8 hours a day.
2. According to the needs of the project, when Party A needs Party B's overtime work, the overtime pay is calculated according to the following proportions: the usual overtime is 150% of the daily wage, and the weekly holiday is overtime is 200% of the daily salary.
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 leave 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. The salary shall be calculated according to the following methods: monthly salary - × holiday working days. 30 days
eighth
1. According to the requirements of the general interest, Party A has the right to terminate this contract at any time. In this case, Party B shall enjoy the salary for the remaining period of 3 months or this contract, subject to the shortest time. Party B personnel will be entitled to enjoy the ticket back to ___.
2. Stop work for reasons other than the wishes of Party B, such as power outage, water cut, insufficient supply of materials, etc. Party A pays the salary of Party B 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 the event of an emergency, Party A shall, after receiving written notice from Party B, grant 2 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 2 months, and Party B is responsible for its travel expenses. For emergency leave, for more than 2 months, Party B shall replace it within 1 month after the end of 2 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 _ domestically within 2 months. If it cannot be cured within 2 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 travel expenses of the replacement to ___ within one month. Similarly, Party A will provide various measures to compensate the injured according to the regulations of the State.
2. During the period of ___, 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 return of the remains or ashes back to ___. 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 State Protection Law.
Article 11
1. During the ___ service period, Party B's personnel shall abide by the current laws and regulations of the State, 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 ___ local customs and habits.
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 ___ years, starting from the arrival of Party B's personnel in ___, including the holidays enjoyed by Party B's personnel in ___ domestic or foreign countries.
2. This contract is effective as of the date of signature and is valid for ___ years. Upon expiration of the term, Party B may, with the consent of Party B, extend it.
3. After the extension of this contract, the staff of Party B will increase their monthly salary by 15% after ___ years of work.
Article 13
1. During the work of Party B, Party A has the right to replace any person who is incompetent. Party B shall replace it within 3 months after Party A's notice, and shall not pay any fees.
2. During the contract period, Party B personnel will give up their work without authorization and will not be given ticket treatment. However, due to the implementation of work and illness, and there are medical certificates.
3. During the signing of this contract or after signing, any party whose party is already at ___ 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 work, Party A shall pay Party B a two-month advance payment and repay it within 4 months.
2. After the arrival of Party B's personnel in ___, the current travel subsidy provisions of ___ country shall apply to Party B personnel.
Article 15
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, which directly affects the performance of the contract or is performed in accordance with the agreed conditions, the party to the accident shall be 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 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 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 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 _ text, and both texts are equally authentic. The original contract is 2 copies, each party holds 1 copy; several copies are made.
This contract is signed by the authorized representatives of both Party A and Party B in _________.
person A person B
Representative: Representative:
Position: Position:
Signature
witness:
×× Law Firm Lawyer:
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