英文人力资源服务外包协议(社保、公积金代理、工资代发、商业险)-2014-11-27.doc

Professional Human Resources Service Supplier HR Outsourcing Services Contract Company Name, a company established and existing with its registered address at_ Tel at_ (hereinafter referred to as the “Party A”)and 东营邦芒人力资源有限公司 Company Name, a company established and existing with its registered address at 东营市东营区泰西巷10-2号 Tel at(hereinafter referred to as the “Party B”)In accordance with stipulation of the Contract Law of the Peoples Republic of China , the Labor Law of the Peoples Republic of China , the Labor Contract Law of Peoples Republic of China Labor Contract Law and other relevant laws and regulations, through friendly negotiation, have signed this Contract (hereinafter referred to as This Contract) on a basis of equal and mutual benefit and agreed to the terms and conditions stipulated below for HR Outsourcing Services. ARTICLE 1 GENERAL TERMS AND CONDITIONS1. Either party shall provide the other party legitimate and effective copies of documents for registration and approval of government authorities that can show it is a company duly organized and existing under the laws of Chinese government. Unless otherwise provided herein, Party B includes B Company and its affiliates or authorized companies. The obligations concerning its performance of the Contract shall be at Party Bs side. “Affiliate” means any company directly or indirectly controlled by, controlling by Party B, including company under direct or indirect common control by Company or natural individual. “Control” means either the ownership of fifty percent (50%) or more of the ordinary share of capital of the company carrying the right to vote at general meetings.2. Scope of ServicesParty B be entrusted as agent of Party A and shall have obligation to provide the services listed hereinafter (Choose by mark ) 2.1 Social insurance enrollment and payment2.1.1 to exercise Social Insurance, such as Endowment Insurance, Medical Insurance, Unemployment Insurance, Employment Injury Insurance and Maternity Insurance (hereinafter referred to as “FSI”), enrollment in Social Insurance Management System (hereinafter referred to as “SIMS”). 2.1.2 to remove insured staff from SIMS and exercise transfer procedures in accordance with state regulations. 2.1.3 to make change to salary base of social insurance2.1.4 to reimburse medical expenses2.1.5 to claim for maternity allowance2.1.6 to claim for work injury compensation2.1.7 to provide social insurance policy consultation2.1.8 to handle disputes, unusual circumstances related to social insurance2.1.9 to deal with other matters related to social insurance 2.2 Housing fund services 2.2.1 to conduct enrollment procedures concerning housing fund (hereinafter referred to as “HF”)2.2.2 to remove staff from the Housing fund Management System and exercise transfer procedures2.2.3 to help to draw Housing fund2.2.4 to assist housing fund loans2.2.5 to handle disputes, unusual circumstances related to housing fund2.2.6 Other matters related to housing fund 2.3 Payroll agency services 2.3.1 to handle and pay employees salary 2.3.2 to apply for bank cards for salary payment 2.3.3 to exercise individual income tax declaration and payment 2.3.4 to provide private and confidential payslip 2.3.5 to handle with other services in connection with payroll services 2.4 Welfare services2.4.1 to provide commercial insurance, medical insurance and employer liability insurance services 2.4.2 to claim for commercial insurance, medical insurance and employer liability insurance services 2.4.3 The price shall be set forth as hereunder: RMB YUAN (SAY: ONLY).The reimbursement shall be . 2.5 Labor Policy Consultation 2.5.1 to exchange and answer questions on labor policies. 2.5.2 to provide consultation on laws and policies on human resource, labor and social security. 2.5.3 to provide legal assistance for resolving labor disputes in a basis of fairness and justice.ARTICLE 2 TERMS3. This Contract come into effect upon duly signed by both parties and the duration is years from _ to .4. The renewal of this Contract should be negotiated by both parties thirty (30) days before its expiry. Both parties signatures are needed if they agree to renew the Contract. Should the parties fail to confirm the renewal of this Contract by signature, the Contract shall extend one year automatically, but in no case the extension exceeds three times. ARTICLE 3 RIGHTS AND OBLIGATIONS5. Rights and obligations of Party B5.1 Party A may decide the employees submitted to Party B for service at its sole decision.5.2 Party A shall decide the means of insurance payment according to policies of contribution places through negotiation with Party A. 5.3 Party A shall confirm the information on employee addition or deduction from the Social Insurance Management System without any delay.5.4 Party A shall be obligated to pay the payment to Party As designated bank account via bank transfer. “Payment” unless otherwise provided herein, shall means the total expenses Party A pay to Party B, and it shall include but not limited to social insurance fee and housing funds fees the company born, social insurance fee and housing funds fees individual born, salaries, welfare fees and management expenses. 5.5 Party A shall guarantee the labor contract signing with its employees, and shall undertake the due obligations prescribed by law to the employee covered by the Services agreed herein5.6 Should employees covered by the Services injured in the duration of work or fall in serious illness, Party A shall undertake the due obligations prescribed by law.5.7 Retirement progress for employees covered by the Service shall be executed by Party A and expenses arising from therefrom shall be born by Party A while Party B has obligations to provide necessary assistance.6. Rights and obligations of Party B6.1 Party B shall have obligations to provide services agreed herein timely and accurately.6.2 Party B shall have obligations to provide Party B advises and coordination services on relevant policies and regulations in connection with the Services agreed herein. Any trouble arising from the performance of this Agreement may acquire assistance from Party B.ARTICLE 4 PRICE7. Service fees shall be set forth according to the actual number of employees and months covered by the Services. The price shall be:1-5 person ： RMB Yuan (SAY ONLY) /person/month;5-20 person： RMB Yuan (SAY ONLY) /person/month;20-300 person： RMB Yuan (SAY ONLY) ()/person/month;Above 300 person： RMB Yuan (SAY ONLY) ()/person/month.8. Party A shall alter the contribution base following the annual alteration of minimum average social salary. The expenses arising therefrom shall be paid within one month. In the case of the invoice value exceeds two (2) times the actual social insurance expenses, party A shall pay 6% the amount by which the invoice value exceeds that of the actual expenses. 9. The expenses of disability insurance or worker union fee shall be collected according to relevant government regulations. Party A may pay the amount to Party B while Party B provide invoice indicating the real expenses.10. Means of Payment 10.1 Party A shall provide Party B information of employees to be added or deducted from The Social Insurance Management System by mail prior to the day of each month. Any delay shall be considered as no alteration to the System. 10.2 Party B shall submit Expense Sheet to Party A for confirmation prior to the day of each month after receipt of the employee alteration information. “Expense Sheet” shall include all payment in connection with the Services stipulated herein. 10.3 Party A shall pay to Party B all the payment to the designated bank account of Party B prior to the day of each month after confirmation of the Expense Sheet. Party B shall exercise the execution of the Service in connection with social insurance upon payment received and provide Party A invoice within seven (7) business days.10.4 Should the employee number of Party A covered by the Service herein no less than five (5) people, payment shall be paid monthly otherwise quarterly.Bank account information of Party B:Depositary bank: 中国农业银行东营区支行 Bank accounts: 15312001040005887 Company Name: 东营邦芒人力资源有限公司 ARTICLE 5 MISCEELLANEOUS PROVISIONS11. Party A shall provide Party B documents and information such as copy of ID card, photo and bank account etc. of employees covered by the Services which shall be filed by Party B. Any trouble arising from service delay or data deviation caused by any faulty in the information Party A provided shall be born by Party A. 12. Party B shall complete the Service Stipulated herein without any delay and shall assume corresponding responsibility in case of its sole failure.13. Party B shall submit Employee added/deducted Sheet to Party A for backup and service progress notice.ARTICLE 6 DEFAULT AND DISPUTE14. Should either party fails to implement the terms and conditions herein or make any changes and amendments to this Contract without prior consent of the other party, the loss resulting therefrom shall be born by the party in breach.15. In case of late payment of any amount payable thereunder, Party A will pay Party B penalty equal to 2 of the amount payable for every delayed day. Party Bs contractual obligations shall be suspended, without penalty or liability.16. All disputes arising from or in connection with this Contract or any execution documents signed in accordance with this Contract shall be settled through amicable consultation. Upon failure of negotiation, disputes shall be submitted to local court having jurisdiction. Notwithstanding any reference to arbitration, both parties hereto shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under the Contract unless otherwise agreed.ARTICLE 7 APPENDIX17. All notices and other communications issued pursuant to this c