劳务合同(2005)(eng)1.doc
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1、Contract No.ContractDate:_Made and Printed by China International Intellectech (Shanghai) CorporationContractParty A: China International Intellectech (Shanghai) Corporation Suzhou Branch(Hereinafter referred to as Party A)Party B: (Hereinafter referred to as Party B) On the basis of the stipulation
2、s in the Contract Law of the Peoples Republic of China and the Labor Law of the Peoples Republic of China, both parties hereby agree as follows based on the principles of good faith and mutual benefits:Chapter One General StipulationsArticle 1This contract is applieds to both Party A and Party B for
3、 the matters(issues) set forth herein related to dispatching employees by Party A at the request of Party B. The Parties may make an agreement independently on those matters(issues) that are not mentioned herein as the annex hereto with equal authenticity(validity)effect. If there is any inconsisten
4、cy(conflict) between this contract and the state prohibitive regulations newly promulgated (including the laws, regulations, rules and normative documents, similarly hereinafter), the latter ones prevail to the extent of the inconsistency. (conflict)Article 2Party A shall legally enter into the Labo
5、r Contract or the Labor Agreement with the employed staff dispatched to Party Bs work place by Party A. Article 3BothThe Parties shall make an independent agreement based on the relevant stipulations hereof, defining the detailed matters such as the management fee, staff to be dispatched and the emp
6、loyment period (see annex for details). Any modifications on such annex shall be advised(informed) of the other party 30 days in advance, and the relevant responsibilities and consequences shall go to the party who fails to fulfill a prompt advising.(notice)Article 4An employment relationship shall
7、exist between Party B and the aforesaid employed staff. They may conclude an independent Employment Agreement based on the relevant stipulations hereof, defining their rights and obligations respectively and detailing salary, social insurance, welfare & benefits, working hours and working discipline
8、s, etc. No violation of state prohibitive regulations and all stipulations hereof may be made in the aforesaid agreement which shall be submitted to Party A for file within 15 days.Article 5 5When purchasing real estate or concerning other civil affairs such as commodity loan (including indemnificat
9、ion), Party B and the employed staff shall sign an independent agreement on purchasing real estate or conducting such civil activities as commodity loan(including indemnification), defining each others rights and obligations; and any dispute rising out of it shall have no relationship(nothing to do)
10、 with Party A nor with this contract, thus Party A shall be under no obligation of assuming any joint and several liabilities with the employed staff.Article 6Party B and the employed staff shall make an agreement on service period, defining each others rights, obligations and compensations with res
11、pect to overseas training, funded recruitment, etc.; and any dispute rising out of it shall have no relationship with Party A, thus Party A shall be under no obligation of assuming any joint and several liabilities with the employed staff. Negotiation shall be conducted in advance if the said agreem
12、ent is to be appendices hereto.Article 7If Party B forms a non-competition clause(prohibition clause of business strife) with the employed staff, Party B shall, pursuant to applicable regulations of the State and Shanghai Municipalitylocal, make an agreement with the employed staff on economic compe
13、nsation for the employed staff upon termination or discharge of employment relationship; Party B shall file the said agreement with Party A.Article 8Any modifications of such details as management fee, staff to be dispatched or employment period etc., which are referred in this contract and its anne
14、xes, shall be subject to the final noticesupplement agreement sent to signed by Party A by andParty B in written form, and the notice supplement agreementshall have equal authenticity(validity) effectwith this contract.Article 9Both parties shall have the obligation of not disclosing the matters (is
15、sues)out of or related to this contract to any third party.Chapter Two Rights and ObligationsArticle 10Party A shall have the following rights:10.1. Party A shall have the right to request Party B for the relevant payment agreed herein or in its annexes.10.2. Party A may urge Party B for legal emplo
16、yment based on Chinas laws, regulations and relevant stipulations hereof(to employ staff legally) and shall have the right to propose opinions and requests in written form writing for any illegal employment or actions executed by Party B that may damage the legitimate rights and interests of the emp
17、loyed staff. Party B shall response to Party A in written form within 5 working days upon receipt of the said written opinions from Party A. Party A may mediate a dispute between Party B and the employed staff at the request of the employed staff and Party B.10.3. If the applicants chosen at Party B
18、s discretion fail to meet the requirements of laws, regulations and Party As employment standards, Party A shall have the right to reject recruiting the mentioned applicants.Article 11 Party B shall have the following rights:11.1. Party B shall have the right to receive the services provided by Part
19、y A pursuant of this Contract.11.2. Party B may, through consultation with the employed staff in person, determine the salary and welfare and pay such salary directly to the employed staff, except for the agreement between Party A and Party B.11.3. Party B may legally define a probation period which
20、 is no more than 6 months for the newly employed staff according to relevant stipulations in Labor Law and different service years. During the probation period, Party B may terminate any employment if there is inconsistency(conflict) with Party Bs employment criteria or conditions.11.4. For any empl
21、oyed staff who seriously break Chinas laws and regulations or Party Bs rules and systems (those of Party Bs rules and systems shall be made open in advance to the employed staff and be kept for file at Party A), and for any employed staff who commit breach of duty seriously or jobbery from which Par
22、ty B suffers great loss (the criterion of great loss shall be made clear by Party B in its rules and systems), Party B may terminate the employment at any time without any obligations of economic compensation.11.5. Negotiate any deed of Party As that which breaks stipulations of this contract and su
23、bmit opinions in written form. And Party A shall response to Party B in written form within 5 working days upon once receiving the written opinions from Party B.Article 12 Party A shall have the following obligations:Party A shall urge its employed staff to actively comply with Chinas laws, Party Bs
24、 rules and systems and their Employment Agreement signed independently with Party B, keep Party Bs confidential business information undisclosed and maintain(safeguard)+ Party Bs legitimate rights and interests.12.1. Party A shall fulfill legitimate employment and dispatch procedures as follows:12.1
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