外服-劳动合同.doc

1.1 -no.labor service contract2008 formulated and printed by shanghai foreign service co., ltd.2008112008labor service contract (2008)party a: shanghai foreign service co., ltd(hereinafter referred to as party a) _party b:_ 3.1 (hereinafter referred to as party b)according to the contract law of the peoples republic of china, labor law of the peoples republic of china, labor contract law of the peoples republic of china and other relevant laws and regulations, and in line with theprinciple of equality and mutual benefits, the two parties enter into this labor service contract (hereinafter referred to as this contract) through friendly consultation with regard to party as labor service for party b.chapter 1 general provisions article 1 applicationthis contract applies to the related issuesregarding party bs using party as labor service. article 2 applicable lawsthis contract and related matters shall be subject to laws and regulations of the peoples republic of china. in case of any discrepancy between the articles of this contract and the laws and regulations of the peoples republic ofchina for any reasons, including but not limited to the change of laws and regulations, the latter shall prevail. article 3 definitions3.1 party as staff: party as staff refer to anychinese citizens needed by party b and dispatched by party a to party b after3.2 3.3 3.3.1 3.3.2 3.3.3 3.4 3.5 4.1 4.2 4.3 party a has handled relevant procedures in accordance with law.3.2 attachments: attachments refer to allsupplementary or related agreements signed by the two parties; the attachments are integral parts of this contract and have the same effect as this contract. 3.3 management fee: the total sum of allcharges and expenses that party b should pay to party a for the use of party as staff. it generally covers:3.3.1 social insurances and accumulatedhousing fund borne by party b for party as staff; 3.3.2 expenses of benefits and personnelfile preservation that party b requests party a to provide for party as staff; 3.3.3 service fee charged by party a forservice provided under this contract and taxes levied by the state agreed upon by the two parties. 3.4 pay: labor remuneration paid by party b toparty as staff for labor use, in the amount subject to the attachments hereto. 3.5 law(s): any and all laws, rules, regulations,institutions, statutes and the like, of the peoples republic of china. chapter 2 rights and obligationsarticle 4 rights enjoyed by party a 4.1 party a is entitled to request party b tocooperate with regard to the procedures set by party a for its service. 4.2 party a is entitled to conciliate betweenparty b and the party as staff with regard4.4 5.1 5.2 25.3 5.4 to the disputes arising from labor service. 4.3 party a is entitled to negotiate with party band to propose suggestions and requests of rectification with regard to the infringement of lawful rights and interests of party as staff. 4.4 party a is entitled to charge managementfee from party b on a monthly basis according to the stipulations in this contract and the attachments hereto.article 5 rights enjoyed by party b 5.1 party b is entitled to the service itemsprovided by party a according to this contract and the attachments hereto. 5.2 party b is entitled to decide on the dispatchterm of party as staff and the dispatch term shall generally not be shorter than two years. party b may return party as staff upon the expiration of the dispatch term unless otherwise agreed by the two parties. 5.3 party b is entitled to conclude otheragreements (including but not limited to agreement on service term for training, non-disclosure agreement and the like) with party as staff to specify rights and obligations between the two parties. however, party a does not bear any joint or several liabilities with either side (party b or party as staff) arising from such agreements. 5.4 party b is entitled to set, modify ordetermine rules and regulations or major issues with regard to labor remuneration, working hours, leaves and holidays, labor safety and health, insurance and benefit, training, labor discipline and labor quota management, etc. which are in direct relation to the personal interests of party 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 as staff; however such rules, regulations or major issues shall not conflict with law in any substantive or procedural issues and shall be disclosed or notified among party as staff.article 6 obligations to be performed by party a6.1 party a shall handle relevant procedures inaccordance with law for party as staff lawfully serving party b. 6.2 party a shall provide selected service itemsfor party b according to this contract and the attachments hereto. 6.3 party a shall instruct party as staff toconscientiously abide by the laws and regulations of the peoples republic of china as well as the rules and regulations or major issues set, modified or determined by party b in accordance with law. 6.4 party a shall pay for social insurances andassist party as qualified staff in handling procedures for going overseas. 6.6 party a, upon party bs request, may offeras