派遣员工劳务合同(中英文).doc

派遣员工劳务合同
OUTSOURCING CONTRACT OF EMPLOYMENT
　 （  ）字第 号
甲方：
Party A:
法定代表人：
Legal Representative:
　　地址：
Address　
乙方：
Party B:
法定代表人：
　　Legal Representative:
　　地址：
Address：
　　甲乙双方按照中华人民共和国有关法律，根据平等互利原则，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 Chinese relevant laws, and in consideration of the mutual covenants and agreements contained herein, the parties hereby reach the following contract concerning outsourced employee:
第一章 派遣与借用
CHAPTER 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 dispatches its employee who has employment relation with 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，乙方须按照约定向甲方支付借用费。
Article 3 At the request of Party B, Party A dispatches 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 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 “Borrowing Fees” means the payment that Party B shall make to Party A, which includes:
（一）支付员工的工资。
(1) The wages of the Employee.
（二）支付员工的社会保险、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保险、福利的费用。
(3) Other commercial insurance and welfares that Party A offers to the Employee.
（四）甲方对派遣员工的管理、经营成本，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, which 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　甲方派遣人员的姓名 ；
聘用职务及工作内容 ；
借用期限 年，自2012年 月 日至20 年 月 日止 ；
借用工作地点 ；
Article 6 The Name of the outsourced Employee ;
Working Position & Working Contents ;
Borrowing Period , Commencing from to ,
Working Venue .
第二章 甲方的义务与权利
CHAPTER TWO RIGHTS AND OBLIGATIONS OF PARTY A
第七条　甲方承担下列义务：
Article 7 Party A shall assume the following obligations:
　　（一）根据乙方的要求推荐人选，与乙方决定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》。
(1) to recommend the candidates at the request of Party B, and signs employment contract with the person who Party B decides to borrow or directly chooses.
　（二）教育派遣员工遵守中华人民共和国法律、法规和规章。
(2) to educate the outsourced employee to observe the laws, decrees and relevant regulations enacted by the Chinese government.
　（三）教育派遣员工遵守乙方的工作制度，保守乙方的商业秘密。
(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，依法承担派遣员工的社会保险、住房公积金及福利费用，其中福利及医疗保险部分内容的具体实施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 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服务内容。
(6) to provide other services which are agreed by two parties.
（七）听取乙方意见和建议，不断改进工作。
(7) to accept 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意见时，甲方有权撤回派遣员工和解除本合同，但应提前30天以书面形式通知乙方和派遣员工（派遣员工在试用期内除外），同时甲方按下列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，不足一年的部分按一年计算。补偿费以派遣员工被撤回当月的借用费为计算标准。
(1) In case in some special situations when two parties cannot reach 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 outsourced employee. Besides, Party A shall pay Party B compensation according to the following way.
The compensation payment shall be made based on the working time of the outsourced employee, which shall be one month’s borrowing fee for each full year worked. Any period of not less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the outsourced employee is recalled.
　（二）甲方有权对乙方违反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意见，进行交涉。乙方应在收到甲方书面意见后六个工作日内，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 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）乙方若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 reason, and claim for compensation from Party B, if Party B fails to pay the outsourced employee's wages, or fails to pay the borrowing fees.
（四）派遣员工若侵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 employee damages the legal rights of Party B.
第三章　乙方的义务与权利
CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B
第九条 乙方承担下列义务：
Article 9 Party B shall assume the following obligations:
（一）尊重派遣员工不同的民族习惯和宗教信抑，不歧视派遣员工。
(1) to respect the custom, religion and belief of the outsourced employee, and not to make any discrimination.
　（二）为派遣员工提供符合中国政府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保险及住房公积金费用。否则，产生的后果由乙方自行承担。
(2) shall provide the outsourced Employee with necessary working condition which is in accordance with the relevant statutes in relate to labor protection, and clarify the working position and job description to the 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小时的标准工时制，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 system under which 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）为派遣员工提供差旅等补贴，具体数额由乙方决定。
(4) shall provide the outsourced employee travelling 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，具体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 paid 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）按照国家标准享受医疗期及医疗期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 period, 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具体规定，也可与派遣员工以协议的形式作具体约定。只要不违反国家法律、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 Regulations of the Company, or is formed by another agreement reached and signed between the outsourced Employee and Part B. Such 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 for record.
第十条　乙方享有如下权利：
Article 10 Party B shall have the following rights:
　（一）对决定借用的员工可以规定试用期，试用期限应根据借用期限确定：
　　1．借用期在6个月以下的，试用期不超过15日；
　　2．借用期在6个月以上1年以下的，试用期不超过30日；
　　3．借用期在1年以上3年以下的，试用期不超过60日；
　　4．借用期在3年以上的，试用期最长不超过6个月。
　　试用期内，乙方对不符合要求者，有权终止试用，但应支付试用期的借用费（含社会保险及住房公积金费用）。试用期满，所派遣员工自动转为正式派遣员工，其借用期自试用之日起计算。
(1) may decide the probation period of the outsourced 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 probation 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 exceed six months.
试用期内，乙方对不符合要求者，有权终止试用，但应支付试用期的借用费（含社会保险及住房公积金费用）。试用期满，所派遣员工自动转为正式派遣员工，其借用期自试用之日起计算。
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 will automatically become 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）在借用期内，有解除派遣员工和解除本合同的权利，但应提前30天以书面形式通知甲方和派遣员工（派遣员工在试用期内除外），同时按下列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，不足一年的部分按一年计算。补偿费以派遣员工被退回甲方当月的借用费为计算标准。补偿费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 dismiss 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 period. In the meanwhile, Party B shall pay Party A the compensation fee in one lump sum according to the following ways:
The compensation fee shall be paid based on borrowing time at the rate of one month’s wage for each full year. Any period of not less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the outsourced employee is returned to Party A. The compensation fee shall includes the severance pay of the outsourced employee who is sent back by Party B.
（三）如派遣员工因违反中国法律、法规和严重违反乙方规定（此规定对派遣员工和甲方应该是公开的）被解除借用，乙方经征求甲方意见后可随时通知甲方和派遣员工，并可不支付补偿费。
(3) If the outsourced employee is returned by Party B, by virtue of violating the Chinese laws, decrees and seriously violating the rules and regulations (which shall be public for the employee himself and Party A), after checks the opinion of Party A, Party B may inform the employee himself and Party A about its decision at anytime and without any compensation.
　（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，但该协议不得违反中华人民共和国的有关法律、法规和本合同内容。
(4) May sign the individual agreement with the outsourced employee，and send one copy to Party A for record. However, such agreement shall not violate a mandatory provisions of any law, administrative regulation, or terms and conditions of this contract.
　（五）乙方有权对甲方违反本合同有关条款的行为提出书面意见，并进行交涉。甲方应在收到乙方书面意见后六个工作日内，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 written within six (6) working days after it receives the notice made by Party B.
第四章 费用及其结算
CHAPTER 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部分），甲方收到后，于次月6日支付派遣员工工资。以上费用每逾期10天按1%加付滞付金。逾期30天的，甲方可视情况提出索要违约金____元，并解除或终止本合同，且不属违约行为，双方办理相应手续。
Article 12 Party B shall pay the monthly borrowing fee, compensation fee and additional year-end bonus before 20th of each 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 receiving 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 surcharge 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 to claim for RMB as breach of contracts from Party B based on the specific situation, and terminates this contract or cancels this contract in the meantime. And such actions shall not be construed as breach of contracts. Besides, two parties will go through the relevant formalities.
第十三条　加班、加点费用的计算方法为：
Article 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 ÷ 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
CHAPTER 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，应通过友好协商解决。经协商后仍不能解决的，可提交有管辖权的人民法院处理。
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 reached between the two Parties, it shall be submitted to the court which has the jurisdiction to file a litigation.
第十五条　甲方（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、保险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, the rights and obligations of the outsourced employee, and results in labor arbitration finally. In case that the outcome of such 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
CHAPTER SIX MISCELLANEOUS
第十六条　甲方为派遣员工提供的服务内容在附件2中约定，附件2为本合同不可分割的组成部分。
Article 16 The services that Party A provides to outso