【LiuXue86. - 合同书】2014劳务用工协议书(英文) 合同如今成了一个热门话题,为了更好的维护自身的权益,无论做什么,我们都得有合同意识.所以我们需要懂得一些必...
EMPLOYMENT CONTRACT Employer (Party A): Employee (Party B)： ID Card No.： This Employment Contract is made and entered into through friendly negotiation on the day of , by and between the following Employer (hereinafter referred to as “ Party A”) and Employee (hereinafter referred to as“ Party B”). Article I General Provisions 1. Party A agrees to employ Party B as Jamaica. 2. The contract validity term is five years, since the date of Party B arrived in Jamaica. After the expiration of the contract, both parties could extend contract by mutual consent. 3. Termination 3.1 If Party A proposes the termination of employment due to (Type of work) to the reasons not related to Party B before the expiration date, Party A shall pay month?s base salaries to Party B as compensation, and provide free airfares to Party B for return to China. 3.2 If Party B proposes the termination of employment due to its own reasons before the expiration date, it should notify Party -1- A in written form month(s) ahead of time, and should return the costs (ticket fares, application and renewal charges for work permit paid by Party A) proportionally according to the times ahead of the expiration of contract. Party B should leave and return China according to the arrangement of Party A, airfares back to China should be self-afforded. ArticleⅡ Obligations to Be Performed by Party A 1. Monthly salary, working time and form of payment 1.1 Party A shall pay monthly basic salary of US$ Party B before the (date) once each month. (domestic boarding date of to 1.2 The pay period is from Party B) to the expiration date while Party B leaves the work site (terminate early is calculated to the actual end date). 1.3 Party B will work during the contract period. 1.3.1 Weekday overtime or work on Saturday shall be paid by Party A, payment at rate. days a week, hours a day 1.3.2 Work on Sunday or public holiday also should be paid by Party A, payment at 2. Accommodations 2.1 Party A should offer free accommodations which are not lower than the local legal standard, includes: furniture, bedding, supplies, electricity, water and other basic living facilities. -2- rate. 2.2 Party A should provide basic meals for Party B in Jamaica, ensuring health and proper nutrition. 3. Visa and other papers 3.1 Party A shall transact all the formalities about enter and exit China for Party B according to the regulations made by Chinese government, and to bear the associated costs. 3.2 Party A shall bear all these expenses for Party B: passport fees, visa fees, plane fares (fly to Jamaica and return China after contract expires).If Party B returns China early due to personal affairs, airfares back to home should be self-afforded. 4. Insurance and Other Matters 4.1 Party A shall pay Party B in China from the date of the date of insurance premium for Party B to leave China to Party B to return China. 4.2 If Party B suffers sickness or non-work-related injury, Party B is entitled to medical treatment period and sick leave treatment provided by Jamaica municipality. 4.3 Party B is entitled to all the holidays and leaves provided by the State, to which the Implementation Rules for Employees Working Hours and Holidays formulated by Party A shall apply. Article Ⅲ Obligations to Be Performed by Party B 1. Party B shall comply with the management directions of Party A and obey the bylaws and labor disciplines of Party A, shall undertake -3- the obligation to keep and not to disclose the trade secret for the Party A during the period of this contract. Party B should strictly abide by the foreign affairs discipline and adherence to the Party and state secrets;not allowed to do or say anything against motherland. 2. Party B shall abide by all local government laws and regulations and respecting the local customs and practices;
not allowed to participate in any political, religious, and unhealthy places local activities;
don’t to do following things: defection, smuggle, sex trade, stealing, gambling, drug abuse, street-fighting, drunken behavior and other behaviors of breaching laws and regulations. 3. Party B shall not provide service to employers than for Party A without Party A’s approval, or go out to work or do any part-time job during the period of the contract. 4. Party B shall work hard and unite local workers and accept the arrangements made by Party A, to finish the overseas labor service tasks to completion within the time limited prescribed in the contract. 5. Party B should return at specified time and route according to Party A after complete contract or accomplish the labor services task, and are not allowed to strand in outside China with any excuses;
must observe the management rules of ports, checkpoints and customs, and it is prohibited to bring any contraband or articles exceeding -4- allowances, and no one is allowed to be a “water guest” or help other “water guest” to carry items or resell foreign currency and necessities for personal use free of duty. 6. Party B shall pay the deposit of RMB of documents (passport, work permit, tax exemption certificate) , and deposit of RMB of labor security to Party A. Party B should keep receipt properly, if it is lost or stolen, the deposit will not be returned. 7. Party B shall cooperate with Party A in handling the formalities for resignation and other matters concerned after the expiration of the contract or midway to resign or be repatriated due to the violation of discipline, and should return all documents concerned about overseas labor services to Party A. 8. Party B shall pay its own individual income tax. Party B should shoulder economic, political or legal responsibility If violated above requirements. Then Party A is entitled to cancel the Party B’s right of labor services. If violations constitute crimes, the judicial organs shall investigate the criminal responsibilities according to law. Article Ⅳ Dismisses The contract may be terminated by Party A with immediate effect if Party B violated any of the following articles and Party B will not be compensated. On the contrary, Party B should return the costs -5- (ticket fares, application and renewal charges for work permit) paid by Party A. 1. Violations of laws and regulations in Jamaica;
2. Violations of the company rules;
3. Provide services to employers than for Party A without Party A’s approval;
4. Caused by concealing diseases are not suitable for to continue to work;
5. Proved to be unable or unqualified for the work specified or disobey the arrangement of work by Party A ,and already warn in legal paper for 2 times(certain offenses are serious enough to warrant immediate discharge without and preliminary warnings.). 6. Absence from work for hours, (with late attendance or early leave more than three times without decent explanation will be regarded as absence one day.). 7. Slack working. 8. Participating in local political activities and illegal gatherings. 9. Involved in illegal credit, gambling, drugs, alcohol and fight;
10. Strike;
identified conditions of the strike are: 10.1 Out of place of work lasting more than (including holiday overtime). hours -6- 10.2 Willful work stoppage reaches people at the same time. Article Ⅴ Negotiation and Arbitration hours by Any dispute arising from implementation of this Contract between the two parties shall be settled through friendly consultation. If such effort fails, the dispute shall be submitted to China International Economic and Trade Arbitration Commission for arbitration. The arbitrage of the CIETAC shall be final and authority for all parties. ArticleⅥ Effective Date of This Contract The Contract is made in two counterparts each in Chinese and English, each of which shall deem equally authentic. The Contract is in four (4) originals, two (2) for the Party A and two (2) for the Party B. The contract shall become effective as soon as it signed by both parties. ArticleⅦ supplement and modification of This Contract Supplementary agreements as attachments of this Contract shall be reached in conformity with law with regard to issues not addressed in detail in this Contract during implementation. All supplements or modifications to Contract shall be made in written form and become valid upon the signature of the authorized representatives of both parties. The valid supplements or modifications shall from an integral part of Contract, and shall have the same legal force as -7- the text of Contract. Party A: Party B: Legal Representative or Entrusted Agent: (signature or seal) Date: Date: -8-
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当时签的出国劳务合同是怎么约定的？如果当时没写明，诉讼起来比较麻烦；如果合同里有明文约定，就按合同办.