2022年整理—派遣员工劳务合同(中英文)

1、派遣员工劳务合同OUTSOURCING CONTRACT OF EMPLOYMENT 字第 甲方： Party A: 法定代表人： Legal Representative:： Address乙方： Party B: 法定代表人：Legal Representative:： Address：甲乙双方按照有关法律根据平等互利原那么经友好协商就甲方向乙方派遣员工事宜达成如下协议：According to inese relevant laws, and in consideration of the mutual covenants and agreements contained herein,

2、 the parties hereby rea the following contract concerning outsourced employee: 第一章 派遣与借用APTER ONE OUTRESORCING AND BORROWING第一条派遣系指甲方按照本合同约定将与甲方建立劳动关系的人员派往乙方工作的行为。Article 1 For the purpose of this Contract, "Outsourcing" means Party A dispates its employee who has employment relation with

3、itself to work for Party B.第二条借用系指乙方按照本合同约定从甲方借调人员到乙方工作的行为。Article 2 For the purpose of this Contract, "Borrowing" means Party B borrows, subject to the terms and conditions contained herein, the employee who has employment relation with Party A to work for Party B.第三条甲方根据乙方的要求向乙方派遣员工乙方须按照

4、约定向甲方支付借用费。Article 3 At the request of Party B, Party A dispates its employees to work for Party B; and, Party B shall pay Party A the relevant borrowing fees accordingly.第四条员工与甲方为劳动关系与乙方为劳务关系。员工的工作地点、岗位、方式由乙方根据业务需要确定。Article 4 The relation between the Employee who is concerned in this Contract and

5、Party A belongs to employment relation; and the relation between the aforementioned Employee and Party B belongs to labor service relation. The working venue, position and working method of the Employee will be determined by Party B based on its business.第五条借用费系指乙方借用甲方员工的费用包括：Article 5 The “Borrowin

6、g Fees means the payment that Party B shall make to Party A, whi includes: 一支付员工的工资。 (1) The wages of the Employee. 二支付员工的社会、住房公积金费用。 (2) The social insurance premiums and housing fund of the Employee. 三甲方为派遣员工提供商业、福利的费用。 (3) Other mercial insurance and welfares that Party A offers to the Employee.

7、四甲方对派遣员工的理、经营本钱该费用所占比例不少于借用费的5。 (4) The management cost and operation cost of the outsourced Employee that Party A spends, whi is not less than 5 of the total Borrowing Fees. 五承担企业税收等费用。 (5) Taxes and other expenses that Party A bears.第六条甲方派遣人员的 ； 聘用职务及工作内容 ； 借用限 年自2021年 月 日至20 年 月 日止 ； 借用工作地点 ；Arti

8、cle 6 The Name of the outsourced Employee ; Working Position Working Contents ; Borrowing Period , mencing from to , Working Venue .第二章 甲方的义务与权利APTER TWO RIGHTS AND OBLIGATIONS OF PARTY A第七条甲方承担以下义务：Article 7 Party A shall assume the following obligations:一根据乙方的要求推荐人选与乙方借用的人员或乙方直接选定的人员签订?派遣员工劳动合同?。

9、(1) to remend the candidates at the request of Party B, and signs employment contract with the person who Party B decides to borrow or directly ooses.二教育派遣员工遵守法律、法规和规章。 (2) to educate the outsourced employee to observe the laws, decrees and relevant regulations enacted by the inese government.三教育派遣员

10、工遵守乙方的工作制度保守乙方的商业机。 (3) to educate the outsourced employee to observe the working system and policies of Party B, and keep the business secrets of Party B in confidential.四从借用费中支付派遣员工的工资和应得收入。 (4) to pay the Employee wages and other remunerations he deserves from the borrowing fees.五在乙方支付借用费后依法承担派遣员

11、工的社会、住房公积金及福利费用其中福利及医疗局部内容的详细施行按照本合同及其附件条款、甲方有关派遣员工福利待遇、医疗费用报销的规定执行。 (5) Shall pay the social insurance, housing fund and other welfares for the Employee according to the relevant laws after it receives the borrowing fees from Party B. The standards of the aforementioned contents will be subject to

12、the terms and conditions of this contract and its appendixes, as well as the relevant rules and policies of Party A in relation with the welfares and reimbursement of medical treatment fees.六为派遣员工提供双方确定的效劳内容。 (6) to provide other services whi are agreed by two parties. 七听取乙方和建议不断改进工作。 (7) to accept

13、the advices and suggestions provided by Party B, and improve its work accordingly.第八条 甲方享有如下权利：Article 8 Party A shall enjoy the following rights:一如遇特殊情况甲乙双方不能达成一致时甲方有权撤回派遣员工和解除本合同但应提早30天以书面形式乙方和派遣员工派遣员工在试用内除外同时甲方按以下方式向乙方一次性支付补偿费： 派遣员工被派遣时间每满一年补偿费为一个月的借用费缺乏一年的局部按一年计算。补偿费以派遣员工被撤回当月的借用费为计算。 (1) In cas

14、e in some special situations when two parties cannot rea an agreement, Party A shall have the right to recall its outsourced employee, but a 30 days prior written notice shall be made by Party A (except the outsourced employee is in the probation period), and shall be sent to Party B and the outsour

15、ced employee. Besides, Party A shall pay Party B pensation according to the following way. The pensation payment shall be made based on the working time of the outsourced employee, whi shall be one months borrowing fee for ea full year worked. Any period of not less than one year shall be counted as

16、 one year. The standard of pensation fee shall be the borrowing fee of the same month when the outsourced employee is recalled. 二甲方有权对乙方违背本合同有关条款或损害派遣员工合法权益的行为提出书面进展交涉。乙方应在收到甲方书面后六个工作日内以书面形式回复甲方。 (2) Party A is entitled to bring forward its opinions in written when Party B violates this Contract or

17、damages the legal rights of the outsourced employee. And Party B shall reply in written within six (6) working days after it receives the aforementioned written notice made by Party A.三乙方假设无故拖欠派遣员工的工资或借用费甲方可随时无条件解除本合同并向乙方追索所欠费用。(3) Party A is entitled to terminate this contract at any time for no re

18、ason, and claim for pensation from Party B, if Party B fails to pay the outsourced employee's wages, or fails to pay the borrowing fees.四派遣员工假设损害了乙方的合法权益甲方可协助乙方追究员工的相关责任。 (4) Party A may offer assistance to Party B in asking the outsourced employee to take his liabilities, if the outsourced empl

19、oyee damages the legal rights of Party B.第三章乙方的义务与权利APTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B第九条 乙方承担以下义务：Article 9 Party B shall assume the following obligations:一尊重派遣员工不同的民族习惯和信抑不歧视派遣员工。(1) to respect the custom, religion and belief of the outsourced employee, and not to make any discrimin

20、ation.二为派遣员工提供符合中国有关劳动保护规定的工作场所和条件确定其工作岗位和工作内容并依法为派遣员工提供各项社会及住房公积金费用。否那么产生的后果由乙方自行承担。 (2) shall provide the outsourced Employee with necessary working condition whi is in accordance with the relevant statutes in relate to labor protection, and clarify the working position and job description to the

21、outsourced employee. Also, Party B shall pay the social insurance premiums and housing fund for the outsourced employee. Otherwise, Party B will be responsible for the results arising therefrom. 三实行每天工作不超过8小时每周工作不超过40小时的工时制如遇特殊情况需派遣员工延长工作时间乙方须依法支付加班费。(3) Party B practices the standard working hour s

22、ystem under whi the employees shall work for no more than eight hours a day and no more than 40 hours a week. In case of special situation when Party B has to extend working hour, it shall pay the outsourced employee overtime pay.四为派遣员工提供差等补贴详细数额由乙方。 (4) shall provide the outsourced employee travell

23、ing allowance and other benefits, the amount of the aforementioned allowance and benefits will be determined by Party B.五保证派遣员工的法定节假日休息。为借用满一年以上含一年的员工每年安排一次带薪休假详细休假天数按乙方的规定执行。 (5) Shall guarantee that the outsourced employee can get rest and leave during the legal holidays. Shall also arrange one pa

24、id holiday for the outsourced employee whose borrowing period is on and over one year. How long the leave with pay of the outsourced employee is will be based on the regulations of Party B.六按照享受医疗及医疗内的病假工资和疾病救济费。(6) shall guarantee that the outsourced employee is entitled to have medical treatment p

25、eriod, and to receive sick wages and disease remedy during his medical treatment period.本条所列第三、四、五项内容乙方可以规章制度的形式作详细规定也可与派遣员工以协议的形式作详细约定。只要不违背法律、法规且送甲方备案应以规章制度和协议为准。The contents stipulated in Clause (3), (4) and (5) contained in this Article, can be determined by Party B and embodied in its Rules and

26、 Regulations of the pany, or is formed by another agreement reaed and signed between the outsourced Employee and Part B. Su Rules and Regulations of Party B or agreement shall prevail, as long as they do not violate any laws, decrees or regulations of the state, and, has been already sent to Party A

27、 for record.第十条乙方享有如下权利：Article 10 Party B shall have the following rights:一对借用的员工可以规定试用试用限应根据借用限确定：1借用在6个月以下的试用不超过15日；2借用在6个月以上1年以下的试用不超过30日；3借用在1年以上3年以下的试用不超过60日；4借用在3年以上的试用最长不超过6个月。试用内乙方对不符合要求者有权终止试用但应支付试用的借用费含社会及住房公积金费用。试用满所派遣员工自动转为正式派遣员工其借用自试用之日起计算。 (1) may decide the probation period of the ou

28、tsourced employee based on the borrowing period: a. Where the borrowing period of the outsourced employee is less than six (6) months, the probation period may not exceed 15 days b. Where the borrowing period of the outsourced employee is more than six (6) months but less than one year, the probatio

29、n period may not exceed 30 days; c. Where the borrowing period of the outsourced employee is more than one year but less than three years, the probation period may not exceed 60 days; d. Where the borrowing period of the outsourced employee is more than three years, the probation period may not exce

30、ed six months.试用内乙方对不符合要求者有权终止试用但应支付试用的借用费含社会及住房公积金费用。试用满所派遣员工自动转为正式派遣员工其借用自试用之日起计算。Party B may terminate this contract during the probation period, however it shall pay the borrowing fees during the probation period (including social insurance premiums and housing fund). The outsourced employee wil

31、l automatically bee regular outsourced employee after his probation is over, and The start time of the borrowing period shall be the start time of the probation period.二在借用内有解除派遣员工和解除本合同的权利但应提早30天以书面形式甲方和派遣员工派遣员工在试用内除外同时按以下方式向甲方一次性支付补偿费： 派遣员工借用时间每满一年补偿费为一个月的借用费缺乏一年的局部按一年计算。补偿费以派遣员工被退回甲方当月的借用费为计算。补偿费

32、中包含派遣员工被解除劳动合同的经济补偿金。 (2) during the borrowing period, Party B is entitled to diiss the outsourced employee and terminate this contract, however, it shall make a 30 days prior written notice to inform Party A and the outsourced employee, except otherwise the outsourced employee is in his probation p

33、eriod. In the meanwhile, Party B shall pay Party A the pensation fee in one lump sum according to the following ways:The pensation fee shall be paid based on borrowing time at the rate of one months wage for ea full year. Any period of not less than one year shall be counted as one year. The standar

34、d of pensation fee shall be the borrowing fee of the same month when the outsourced employee is returned to Party A. The pensation fee shall includes the severance pay of the outsourced employee who is sent back by Party B.三如派遣员工因违背中国法律、法规和严重违背乙方规定此规定对派遣员工和甲方应该是公开的被解除借用乙方经征求甲方后可随时甲方和派遣员工并可不支付补偿费。 (3

35、) If the outsourced employee is returned by Party B, by virtue of violating the inese laws, decrees and seriously violating the rules and regulations (whi shall be public for the employee himself and Party A), after ecks the opinion of Party A, Party B may inform the employee himself and Party A abo

36、ut its decision at anytime and without any pensation. 四可与派遣员工另行签订个人协议作为甲方与派遣员工劳动合同的附件送甲方备案但该协议不得违背的有关法律、法规和本合同内容。(4) May sign the individual agreement with the outsourced employeeand send one copy to Party A for record. However, su agreement shall not violate a mandatory provisions of any law, admin

37、istrative regulation, or terms and conditions of this contract. 五乙方有权对甲方违背本合同有关条款的行为提出书面并进展交涉。甲方应在收到乙方书面后六个工作日内以书面形式回复乙方。 (5) Party B is entitled to make written advices when Party A violates the terms and conditions of this contract, and make further negotiations. Party A shall reply Party B in wri

38、tten within six (6) working days after it receives the notice made by Party B.第四章 费用及其结算APTER FOUR THE EXPENSES AND TERM OF PAYMENT第十一条借用费为每月人民币 元。Article 11 Borrowing Fees is RMB .第十二条乙方须于当月20日前向甲方支付月借用费、补偿费和年终附加的工资乙方直接支付派遣员工工资的须于当月底前向甲方支付借用费的其它局部甲方收到后于次月6日支付派遣员工工资。以上费用每逾10天按1加付滞付金。逾30天的甲方可视情况提出索要违

39、约金_元并解除或终止本合同且不属违约行为双方相应手续。Article 12 Party B shall pay the monthly borrowing fee, pensation fee and additional year-end bonus before 20th of ea month (if the outsourced employees is paid by Party B directly, then Party B just needs pay Party A the balance amount of the borrowing fees). After receiv

40、ing the payment, Party A shall pay the outsourced employee before 6th of the following month.In case that Party B delays payment, Party A is entitled to collect the surarge at the rate of 1 of the amount due for every 10 days delayed. When the days overdue exceeds 30 days, then Party A is entitled t

41、o claim for RMB as brea of contracts from Party B based on the specific situation, and terminates this contract or cancels this contract in the meantime. And su actions shall not be construed as brea of contracts. Besides, two parties will go through the relevant formalities.第十三条加班、加点费用的计算为：Article

42、13 The Calculation Method for the Overtime Payment工作日加点费=月工资÷21.75天÷8小时×实际加点时间×150；Overtime on working days: Monthly wage÷21.75 days÷8 hrs × actual overtime×150休息日、带薪休假日加班费=月工资÷21.75天÷8小时×实际加班时间×200；Overtime on holidays: Monthly wage ÷

43、 21.75 days ÷ 8 hrs × actual overtime × 200法定节假日加班费=月工资÷21.75天 ÷ 8小时×实际加班时间×300；Overtime on legal public holidays: Monthly wage ÷ 21.75 days ÷ 8 hrs × actual overtime × 300第五章 争议与仲裁APTER FIVE DISPUTES AND ARBITRATION第十四条在本合同履行过程中甲乙双方如发生争议应通过友好协商

44、解决。经协商后仍不能解决的可提交有辖权的人民处理。Article 14 Any disputes in connection with this Contract or the execution thereof shall be amicably settled through negotiations In case no settlement can be reaed between the two Parties, it shall be submitted to the court whi has the jurisdiction to file a litigation.第十五条甲

45、方或乙方与派遣员工因本合同中有关劳动纪律约定、员工工资、等劳动权利和义务的内容发生劳动争议并提起劳动争议仲裁时如争议的处理结果与乙方或甲方有利害关系乙方有参加仲裁活动的权利和义务。Article 15 If there is any dispute happens between the outsourced employee and Party A (or Party B) in relate to the provisions stated in this contract concerning employment disciplines, wages, social insurance

46、, the rights and obligations of the outsourced employee, and results in labor arbitration finally. In case that the oute of su arbitration may have interests with another party, another party shall have the right and obligation to participate in the aforementioned arbitration. 第六章 其它APTER SIX MISCELLANEOUS 第十六条甲方为派遣员工提供的效劳内容在附件2中约定附件2为本合同不可分割的组成局部。Article 16 The services that Party A provides to outsourced employee are stipulated in Appendix 2, whi is an integral part of this Contract.第十七条本合同未尽事宜有规定的按规定无规定的