Foreign labor contract

Foreign labor contract

This foreign-related labor contract was concluded by ____ and ____. Under this Agreement, an employer will employ an employee and the employee agrees to be employed by the employer to provide services and perform obligations for the work specified below.

A. Obligations and Responsibilities: The parties agree that the employee will be employed to perform ____ work and perform the following duties.

B. Term: This Agreement is valid for ____ from ____________________ to ____________________

C. Workdays and Hours of Work: Employees work weekly from week _ to week ____, from ____ to ____ point a day, for a total of ____ hours a week.

D. Remuneration: The Employer agrees to provide the following remuneration for the employee's services:

1. Every ____ US dollars;

2. Every shift of ____ US dollars, once every two weeks, check payment.

3. Other remuneration, amount and calculation method are as follows:

E. Deduction: At each payroll, the employer shall not deduct the employee's income except for the tax and social insurance premiums that are withdrawn from the employee's remuneration. This regulation provides otherwise and the consent of the foreman or the agent's agent. except. Other deductions are:

F. Main place of work: The main place of work of the employee is ____. However, depending on the nature of the employer's business, the employer may also require the employee to perform duties in other constituencies within the ____ place without violating the labor policy and regulations.

G. Travel Expenses: At the expiration or suspension of this Agreement, the Employer will be responsible for the cost of the ticket for the employee's return to the place of employment.

H. Insurance and medical expenses: The employer shall be responsible for the medical insurance of the employee or the full medical expenses of the employee, including referral and transfer fees outside the ____ place. If the employee dies for any reason, the employer shall bear the corpse and store it back. The cost of the land.

I. Notice of recent blood relatives: In the event of serious illness or death, the employer should immediately notify the nearest blood relative. The name and address of the employee's nearest blood relative are as follows:

______________________________

J. Accommodation and other: Employers must ensure the following conveniences:

1. The employer provides accommodation for a monthly fee of $ ____.

The employer provides accommodation free of charge.

Employee-owned accommodation

2. Daily ____ meal, ____ yuan per month.

3. Employees take care of themselves.

4. To work in the employer to specify the underground car, free of charge.

5. Allowance:

6. Other:

K. Other Provisions: The following additional provisions apply to this Agreement:

L. Termination Agreement: This Agreement may be terminated in accordance with the following provisions:

1. No reason: one party shall notify the other party in writing ____ days in advance; or rumen8.com-Getting started is the best entry information website

2. For some reason: after the failure of the foreman or his agent's manpower diagram mediation dispute, one party shall notify the other party in writing ____ days in advance.

When the agreement is terminated, the employer shall pay the salary before the employee's agreement is revoked and purchase a one-way ticket for the employee to return to the place of employment.

Any of the following constitutes a reason for termination of the agreement:

A. Employees ____ times unreasonable absenteeism and ____ times late for work without reason;

B. The employee’s behavior is negligent or not completed;

C. commit a felony or two or more misdemeanors in ____;

D employees give up their job duties;

E. Incompetent or incompetent, technically, physically and spiritually inconsistent with the reported circumstances and unable to perform the duties of the employment regulations;

F. Special abuse in material or otherwise;

G. Unreasonably delay payment of the employee's salary;

H. Violation of any of the provisions of this Agreement;

I. Other regulations:

M. Dispute resolution:

All complaints and disputes arising out of this Agreement shall be resolved by the following procedures:

1. The employee must report to the administrator of all complaints or disputes arising from the employment, and if the administrator is absent, report the employer directly;

2. If the administrator cannot solve the problem immediately, the administrator should write the complaint or controversy as a written material, and at the same time indicate the agreed section, legal or regulatory system. Managers should resolve complaints or disputes within five days or write reasons why they believe they have not violated the rules.

In practice, I believe that foreign-related labor contracts should pay special attention to the following ten contents:

1. Basic information of laborers: gender, date of birth, place of origin, address, contact number;

2. The duties and responsibilities of laborers, such as complying with the laws and regulations of the country where they are located and the rules and regulations of the enterprise, obeying social morality, not being passively absent from work, and not being allowed to take part-time jobs and job hunting in private;

3. Employer's obligations and responsibilities, such as handling visas, residence permits, etc. for laborers, responsible for the management of labor personnel, providing accommodation, meals, etc. There is an obligation to protect the safety of workers. In view of past experience, special content such as non-discrimination, insult, corporal punishment, and deduction of wages must be specified.

4. Types of work and working hours of the laborers. The type of work to be carried out should indicate the job in which position, such as the electrician on duty in the motor room or the maintenance electrician in the building lighting. The working time includes the employment period, which should indicate when it is from the beginning to the end. How many days a week is working and how many hours a day is working. Usually at least one day off each week. According to international practice, on holidays, laborers should enjoy the holidays prescribed by their country, such as the National Day and Christmas of the host country.

5. Salary, allowances, subsidies, wages should generally be the same as the local workers working in the country and other places, usually based on time, on time, by day or by month. It is also based on the workload and is paid on a piece-by-piece basis. If you work overtime or work night shifts outside of working hours, employers pay for overtime or night shift allowance. The basic wages should be paid by the employer to the laborers.

6. Arrangements for the leave of foreign workers. If the general contract period is more than one year, you can enjoy a family visit holiday for a certain period of time. During the holiday, the employer only pays the wages without paying the allowance.

7. Labor protection, labor life insurance, work, illness or death treatment regulations. Due to the different nature of the work performed by the laborers, the labor protection has its own professional characteristics. The contract should stipulate that the employer must provide the place that meets the safety production according to the relevant regulations of the host country and must issue labor protection fees or articles. Such as helmets, gloves, filter sunglasses, etc. In the event of illness or work-related injury while working in the country, the employer should provide the necessary medical care and purchase the necessary drugs. Employers should purchase personal accident insurance for laborers so that they can receive timely and reasonable compensation for accidental injuries. The insurance premiums are borne by the employer.

8. The method of handling the interruption contract for various reasons. According to Article 17 of China's Foreign Economic Contract Law, a party must have the exact evidence that the labor contract cannot be executed before the contract can be suspended. The handling of the interruption of the contract should be listed in the labor contract. If the employer causes compensation, the laborer should be compensated not less than Three months' salary and the return ticket for the laborer.

9. Compensation for breach of contract. The manifestations of breach of contract are various and can be generally divided into three categories, one is the default of the employer; the other is the default of the labor; the third is the breach of contract by both parties. Breach of contract will cause damage to the other party's interests. In practice, most of them are employer defaults. If they do not arrange labor work according to the contract, they will change jobs at will, do not pay overtime according to regulations, and insult the labor personality and cause the contract to fail. Therefore, the remedy for breach of contract and the method of compensation should be indicated in the contract. Generally, the loss caused by the other party is compensated by means of money payment. 10. In the settlement of disputes, it is necessary to indicate in the contract what methods should be used to resolve disputes after the occurrence of labor disputes, such as arranging a specific arbitration institution for arbitration and applicable law.

In addition, if there is a dispute over a foreign-related labor contract, because the labor contract involves foreign-related factors, it is not necessary to deal with it. It must be based on foreign laws or must apply our laws. It can be followed in practice: choose the applicable law by self-consultation. If the application of foreign law violates the basic principles of the law of our country and the public interest of the society, it cannot be applied, but should apply the law of our country. If the consensus is reached, the contractual dispute should be resolved. The terms are expressly stated in the contract; the law that has the closest connection with the contract is applied. In general, the foreign-related labor contract applies to the law implementing the contract.