Personnel dispatching lease agreement [applicable parties]
Party A:
Party B:
On the basis of the principle of equality and mutual benefit, both parties have reached an agreement on the matter of Party B’s dispatch of Party A through friendly consultations as follows:
Chapter I General Provisions
Article 1 The term "dispatched personnel" as used in this Agreement shall be the person who shall be dispatched to Party B's work in accordance with the agreement signed by both parties.
Article 2 The term "lease fee" as used in this Agreement refers to the sum of the various expenses that Party B shall pay to Party A for each month due to the employment of each Party A, including:
1. Management fee 2, salary of dispatched personnel 3, social insurance premium for dispatched personnel
4. Disbursement of personnel benefits as stipulated in the Lease Agreement of this Agreement
Chapter II Obligations and Rights of Party A
Article 3 Party A shall bear the following obligations:
1. Recommend workers to be selected according to Party B's requirements;
2. Education dispatch personnel comply with national laws, regulations and rules;
3. Education dispatch personnel shall abide by Party B's rules and regulations, maintain trade secrets, and safeguard Party B's legal rights;
4. In accordance with the standards in the “Leasing Agreement”, in accordance with relevant laws and government regulations, pay social insurance for the dispatched personnel and bear the corresponding benefits and benefits;
5. During the period of dispatching personnel and personnel agency, Party A provides personnel agency services for dispatched personnel, including personnel file keeping, file salary adjustment, professional technical qualification evaluation and declaration, transfer to positive grade, going abroad for political review, party organization relationship transfer, and issuance. Personnel agency services such as various certificates based on personnel files.
6. If the business needs to relocate a new office address or change the bank to open an account, Party B should notify Party B 15 days in advance; if the contact number or fax is changed, Party B should be notified two working days in advance;
7. Provide general consultation on national laws and regulations regarding social insurance, labor, and personnel policies.
Article 4 Party A has the following rights:
1. Party A has the right to submit written opinions on violations of national laws and regulations and the relevant provisions of this Agreement or damage to the legitimate rights and interests of dispatched personnel, and to make representations in accordance with the law. Party B shall, within 10 working days after receiving written comments from Party A, Dispose of it and reply to Party A in writing. Otherwise the agreement can be terminated immediately.
2. Party A has the right to terminate this agreement when dispatched personnel are enlisted in the army or admitted to various full-time institutions.
Chapter III Obligations and Rights of Party B
Article 5 Party B shall bear the following obligations:
1. The job responsibilities and labor discipline of the dispatched personnel are integrated with the personnel of the unit;
2. Providing dispatched personnel with workplaces and conditions that meet the requirements of the State Labor Law;
3. Pay the wages, management fees, social insurance premiums and welfare expenses of the dispatched personnel in monthly form in cash to Party A;
4. Approving the annual social insurance contribution base of dispatched personnel according to the provisions of the state social insurance institution;
5. During the lease period, ensure that the dispatched personnel enjoy the rights and interests stipulated in the State Labor Law and assume the obligations or responsibilities as stipulated in the State Labor Law.
6. If a worker is involved in a work-related accident, the medical expenses shall be temporarily paid by Party B. After the end of medical treatment, according to the relevant provisions of the state and local authorities, Party B shall be responsible for compensation. If the employee dies, a one-time pension will be paid according to the regulations. Party A shall cooperate with Party B as much as possible to ensure the family's appeasement.
7. It is not allowed to suspend or terminate the dispatched personnel during the pregnancy, maternity, and lactation period, and the dispatched personnel who are sick or injured during the prescribed medical period, and those who have been injured or have occupational diseases and have been confirmed or partially disabled. ;
8. Supervise the dispatched personnel to handle the relevant legal work documents during the period of employment, and educate the dispatched personnel to abide by the law;
9. Due to business needs, when relocating to a new office address, Party A should be notified 15 days in advance; if the contact number or fax is changed, Party A should be notified two working days in advance;
Article 6 Party B has the following rights:
1. Have the right to choose the dispatched personnel recommended by Party A;
2. Have the right to select the dispatched personnel according to the business needs, and go through the leasing procedures with Party A;
3. Party B may appoint a probationary period of up to three months for the first-time leased Party A. After the trial period expires, the dispatched personnel will automatically be converted into a formal lease, and the lease period will be calculated from the date of trial use. During the trial period, if the criteria or conditions of Party B's employment are not met, Party B may cancel the lease, but shall pay the lease fee and management fee during the trial period;
4. The right to terminate the lease and suspend cooperation with Party A, and pay the separation fee to the dispatcher according to the following criteria;
1) Dispatched personnel who have passed the probationary period and have been leased for no more than one year, the resignation fee is equivalent to one month's salary;
2) The dispatched personnel who have leased for more than one year without more than two years, the separation fee is equivalent to two months' salary;
3) For each additional one-year lease period, the increment will be equivalent to one month's salary, and the maximum separation fee shall not exceed 12 months.
Party B shall notify Party A and dispatched personnel in writing 30 days prior to the cancellation of the lease. Otherwise, in addition to the separation fee, Party A shall pay Party A a one-month rental fee and pay the dispatched personnel one month's salary. The above salary is based on the salary of the dispatched personnel last month.
Where the dispatched personnel belong to the circumstances of Article 5, paragraphs 6 and 7 of Chapter III, this Agreement shall not be terminated in accordance with the above provisions;
5. If the dispatched personnel are terminated by Party B due to illegal laws and regulations, or dispatched by the dispatching personnel, Party B may not pay the separation fee as stipulated in the fourth paragraph of Article 6 of this Chapter;
6. If the dispatched personnel seriously violates Party B's legal rules and regulations and has conclusive evidence, Party B may submit to Party A in writing. After Party A confirms, Party B may suspend the lease and may not pay the separation fee as stipulated in Paragraph 4 of Article 6 of this Chapter;
7. An agreement may be signed with the dispatched personnel, but the agreement shall not violate national laws, regulations and rules and the terms of this agreement, and shall be disclosed to Party A;
8. Have the right to submit written opinions on Party A's violation of the relevant provisions of this Agreement and make representations. Party A shall reply to Party B in writing within ten working days after receiving the written comments of Party B.
Chapter IV Fees and Settlement
Article 7 During the lease period, if the relevant provisions of the relevant state agencies require the adjustment of the proportion of housing provident fund and the proportion of social insurance contributions, insurance or base, Party A has the right to adjust unilaterally according to its provisions. 3, 4 items shall be calculated according to the new payment amount from the month of adjustment. After receiving the notice from Party A, Party B shall pay the adjusted amount from the month of adjustment by Party A.
Article 8 During the lease term, the rental fee of the dispatched personnel and the separation fee to be paid due to the cancellation of the lease by Party B shall be paid by Party B to Party A before the 5th of the month. For a deferred payment approved by Party A with justified reasons, Party A has the right to request Party B to pay Party A the late payment fee every five days of the payment.
Article 9 If the lease agreement is terminated, Party B will no longer pay the lease fee to Party A.
Chapter V Disputes and Arbitration
Article 10 Any dispute arising from the performance of this Agreement or related to this Agreement shall be settled by negotiation between the two parties. If it cannot be resolved after consultation, either party may apply to the Labor Arbitration Commission for arbitration.
Article 11 In the course of the implementation of this Agreement, if Party B has a labor dispute with the dispatched personnel, it shall be settled through Party A's mediation.
Article 12 In the course of the performance of this Agreement, Party A may designate Party B as Party A in the event of personnel or labor arbitration or court litigation arising from disputes between dispatched personnel and Party B, and Party A becomes a party to the dispute or litigation. One of the agents participates in arbitration or litigation activities with Party A.
Chapter VI Others
Article 13 The matters not covered in this Agreement shall be separately formulated by the two parties to be negotiated or in accordance with the relevant laws, regulations and rules of the State.
Article 14 If the content of the provisions of this Agreement is inconsistent with national laws or policies or is inconsistent due to changes in laws and policies, the provisions of laws or policies shall prevail.
Article 15 The names, positions, lease terms and lease fees of the dispatched personnel involved in this Agreement are reflected in the Lease Agreement signed by both parties. The above-mentioned subsidiary files are an integral part of the Agreement and have the same legal effect.
Article 16 This Agreement shall enter into force on the date of signature by both parties and shall be valid until the lease deadline.
Article 17 This Agreement shall be signed in duplicate on the day of the month. Both Party A and Party B hold one copy, and both have the same legal effect.
Signature of Party A’s signature
Legal registration place: Legal registration place:
RMB deposit bank: Business registration number:
Account name:
account number:
Phone: Phone:
Fax: Fax:
Zip code: Zip code:
E-mail: E-mail:
Website: Website:
Signing time: Year ___ month ___ day signing time: year ___ month ___ day
recommended article
- Dynamic shopping system usage agreement
- Supporting inheritance agreement
- Television purchase and sale agreement
- Construction land contract model
- Water supply contract
- Office furniture order contract
- Network service agent contract
- Water conservancy project construction supervision contract
- Decoration project contract
- Foreign equity transfer agreement
- Personal partnership contract (model document)
- Training institution cooperation agreement
popular articles
- Deaf people jingle 2019
- Teacher's famous saying
- Non-exclusive agency sales agreement
- E-commerce company business joining contract template
- Strong words
- Warehousing contract
- Tao Xingzhi's famous sayings
- Bing Xin’s famous words
- Exhibition cooperation agreement
- 2014 is very touching words
- The latest high school inspirational maxim
- Korean swear words
- I want to say something to the teacher.
- Medical device registration agency contract
- Classical life motto
- Describe the fast time sentence 2019
- Brand Authorization Agreement Template
- Injured sentence
- Thanks to the friend's words 2019
- Sad love sentence 2019
- Brand authorization agreement
- Taizai’s famous sayings
- Sales Tripartite Agreement Template
- Qq space mood phrase
- College entrance examination inspirational quotes
- Du Yuexi's famous sayings
- English famous words
- Power of attorney (trademark agency)
- Hotel room reservation agreement
- a good saying that loves labor