International Labor Contract (3)

Chinese and foreign labor contract

With ____ company, headquartered in ____ as one party and China ____ company, headquartered in the People's Republic of China ×××× for the other party to sign this contract in XXX ____________________________________________________________________________________________________________________________________________________________________________________

In view of the employer’s desire to provide services for ____________, Chinese companies are willing to provide services for the project;

Both parties agree to the following provisions:

First general rule

1. The employer is responsible for the implementation of this 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.

Second person

1. The Chinese company shall send its authorized representatives, various technical personnel, for the project according to the types of work, the number of persons, the technical conditions, the date of dispatch and the working period agreed upon in the “Provision of Labor Service” and the Attached Archives II of this contract. Workers, management and service personnel

2. Subsidiary files 1 and 2 are the integral parts of this contract. The contents of this contract shall not be changed after the signature of this contract is effective. In the case of special circumstances, the employer shall, with the consent of the Chinese company, comply with the following provisions:

1. If the person needs to change before leaving Beijing, the employer shall notify the Chinese company in writing of the change in advance x 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 x months in advance of the termination of employment.

3. If the staff's working period is extended, the employer shall notify the Chinese public in writing x months in advance of the expiration of the period.
Secretary.

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 Visa 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 the person is forced to return to the country, the employer shall bear the return travel expenses of the person and pay the compensation fee for the contract salary of each person x months.

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 Requirements for Chinese company personnel

Personnel should: ____

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

The employer 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

First, the staff work 6 days a week, work 8 hours a day, 7 hours a night shift, and the daily work schedule is determined 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 daily rest of the day 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 salary 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 representative

2. If the contract period is more than one year, the personnel shall start from the second year, and the monthly 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 agree to the work. The monthly working hours should not exceed XX hours in principle.

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 wage
-----
25×8

Article 9 Payment of wages and overtime pay

1. The salary of personnel shall be paid from the date when the personnel leave China ____ to the date of returning 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, which shall be reviewed and approved by the authorized representative of the employer at the construction site on the monthly salary settlement date, ie ____ days after ____ days .

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: XX% wire transfer to the Chinese company account number of the Bank of China Head Office in Beijing ××××; ××% paid to the authorized representative of the Chinese company site. If the employer delays payment, the interest shall be paid to the Chinese company in US dollars in the amount of the delayed payment per day.

The payment begins with the remittance bank sending the telex of the required remittance to the Bank of China in Beijing.

Article 10 Taxes

The Chinese company shall be responsible for paying all taxes levied by the Chinese government for the 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 week ____.

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 a period of one year and enjoy the annual vacation for the return of the XX 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 XX dollars per person to the authorized representative of the Chinese company in local currency.

2. The Chinese company shall repay the above-mentioned prepaid wages from the first month after the personnel arrive at the construction site, pay off in x months, and repay a fraction of a month.

Article 13 mobilization fee

1. The employer shall pay a mobilization fee of ____ US 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. The employer shall pay the Chinese company a monthly insurance fee of XXX per person per dollar in accordance with the monthly contractual salary of the employee.

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 XX% 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

First, the employer should bear the round-trip travel expenses between the Chinese __ to the construction site and the XL x 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 before returning to China XX days 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 XX, the employer shall 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. The employer shall provide suitable housing for the staff free of charge. The standard of the area for each person is: ××-××square meters for the workers; ××-×× square meters for translation, accounting and technicians; authorized representatives, engineers and doctors The resident manager shall be XX-××m2; the employer shall also provide water, electricity, bedding, air-conditioning, shower, sanitary, laundry equipment and supplies and necessary furniture and spare parts free of charge. 2. Employers shall provide free kitchens and restaurants to the staff. , cookware, tableware, ice machines, electric freezers and spare parts as well as water, electricity and fuel.

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 dollar account to the Chinese company account within × days after receiving the bill for the purchase of the above-mentioned 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 Supplies and Gadgets

1. The employer shall provide the general labor insurance articles and special labor insurance articles and office supplies free of charge for the personnel. The general labor insurance products listed in the subsidiary file of this contract may be purchased by the company in China, and the employer shall pay the Chinese company XX 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 shall wire the US dollar account to the Chinese company account within 3 days after receiving the bill for the Chinese company purchasing 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 country in which the project is located 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., when the project cannot continue, the contract can be suspended by mutual agreement. In this case, the employer should pay for the return travel of the person.

Article 22 Arbitration

All disputes arising out of or in connection with the execution of this contract shall be settled through friendly negotiation; 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 Supplement or modification of the contract

This contract may be supplemented or modified as required by both parties. 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.

China ____ company representative ____ company representative