人事代理服务合同(2005)(eng)1.doc

NO.:Personnel Agency Service ContractDate:Made and Printed by China International Intellectech (Shanghai) CorporationParty A: China International Intellectech (Shanghai) Corporation Suzhou BranchParty B:Party A and Party B have reached an agreement with regard to Party Bs consignment of Party A in providing personnel agency service, and have signed this Contract for mutual observation.Article 1This Contract shall apply to all issues relevant to Party Bs consignment of Party A for the provision of a personnel agency service.Article 2This Contract and all issues relevant hereto shall be governed by the laws and regulations of the PRC. In case of any dispute between terms hereof and the laws and regulations of the PRC, the laws and regulations of the PRC shall prevail.Article 3Party A shall, in accordance with this Contract and appendix, have the right to charge Party B for a consignment management fee on a monthly basis.Article 4Party B shall have the right to request Party A to provide the personnel management service as agreed upon between both parties.Article 5Party A shall perform the following obligations:5.1Party A shall, in accordance with this Contract and the Appendix, provide Party B with all agreed upon personnel management services.5.2Party A shall, in accordance with the personnel change information provided by Party B, provide all applicable services within the period as stipulated by the Government.Article 6Party B shall perform the following obligations:6.1Party B shall, in accordance with this Contract and Appendix, pay a consignment management fee of an agreed amount to Party A on a monthly basis.6.2Party B shall, prior to the 15th day of each month, notify Party A in written of any change of staff members (see Appendix for details). Party B shall be responsible for any excess expenses paid for social insurance and public accumulation fund for housing due to Party Bs delay in making such notice.Article 7In case either party moves to a new office, such party shall notify the other party 15 days beforehand to facilitate communication.Article 8This Contract and all documents relevant hereto, including but not limited to drafts, appendixes, communications, letters, and faxes, shall be commercial secrets belonging to the relevant party, and neither party shall disclose it to any third party in any form, otherwise, they shall bear the corresponding defaulting liabilities.The non-defaulting party shall have the right to notify the defaulting party of its defaulting activities, and present suggestions and requirements for correction, and the defaulting party shall be obliged to compensate for the other partys losses due to its breach of the Contract.Article 9If Party B suspends, terminates, or cancels a labor contract with its employees, Party B shall, 30 days prior to suspension, termination, or cancellation of the labor contract, notify Party A, and the charges that Party B shall pay in accordance herewith shall be paid by the date of suspension, termination, or cancellation of the labor contract as specified in the written notice that Party A has received.Article 10Party A may, on the basis of the consignment of Party B, provide the following personnel services (to be chosen on a need-be basis) to Party B and employees of Party B who have transferred their records to the scope as designated by Party A:10.1Party A shall, in accordance with relevant regulations, handle in cities as designated by Party B pension insurance, basic medical insurance, employment insurance, birth insurance, occupational injury insurance, and public accumulations fund for housing for employees of Party B.10.2Party A shall pay wages to employees of Party B and pay personal income tax for employees of Party B.10.3Party A shall be responsible for the management of the personal records belonging to employees of Party B.10.4Party A shall provide employees of Party B with applicable identify certification documents (including marital status, notarization, and relevant Chinese employees administrative relationship certificates).10.5Party A shall handle collective residence procedures for the employees of Party B.10.6 Party A shall, in accordance with the regulations, handle the professional technical title assessment for the employees of Party B.10.7Party A shall, in accordance with business requirements of Party B, handle applications for visas and passports to Hong Kong and Macao for employees of Party B.10.8Party A shall perform all types of personnel recommendation for Party B.10.9Party A shall provide Party B with a range of labor and personnel policy consultation services and assist in handling labor and personnel disputes.Article 11Determination of management fee:11.1The management fee shall be consulted and agreed upon between both parties in the Appendix attached hereto on the basis of the personnel management services chosen by Party B. The monthly management fee shall be in accordance with the Notice for Payment issued by Party A.11.2The management fee includes all applicable social insurance premiums, amounts for medical care and accident insurance, and a service fee needed for Party Bs employment of workers. Party B shall, on a monthly basis, pay a personnel agency service fee of RMB_ Yuan/month per employee. Party B shall remit the amount in the above to Party As bank account prior to the 15th day of each month.Account:Zhongzhi Shanghai Economic&Technological Cooperation Company Suzhou BranchRMB account: a/c:USD account: a/c: In case of delay, Party B must pay a late payment fine of 1% of the amount not duly paid perday.Party B must pay 1% demurrage of the amount per-day for un-duly payment.Article 12In case any party hereto breaches this Contract, the defaulting party shall bear all economic loss incurred to the other party.Article 13If Party B fails to pay the relevant amount to Party A in accordance with Article 11 hereof, Party B shall, in addition to the payment of demurrage, bear the following liabilities:13.1If Party B delays payment of the social insurance premium, it shall also bear all fines levied by labor authorities (including late payment fines and interest).demurrage13.2If Party B delays payment any welfare insurance premium, it shall bear the liability for the insurance companys refusal to provide insurance therefor. Article 14Party B shall abide by laws and regulations of China. Party B and employees of Party B shall cooperate with Party A. Party A shall bear no liability for its failure to provide a service as stipulated herein due to reasons not on the part of Party A.Article 15For matters not included herein, both parties shall consult with each other for settlement, or such matters shall be otherwise agreed upon in the form of Appendix attached hereto, and such Appendix shall become an integral part hereof with equal legal effect.Article 16If in performance hereof due to relevant laws, regulations, and bylaws released by the Chinese government, terms hereof must be modified, such modification shall be performed in accordance with relevant new laws, regulations, and bylaws, and neither Party A nor Party B shall for any reason object to making such modification.Article 17This Contract shall become effective on _. Unless otherwise agreed upon between both parties, if any party intends to cancel (dissolute) or terminate this Contract, the canceling (dissoluting) or terminating party shall notify the other party in (written form) 30 days prior(in advance), otherwise the defaulting party shall pay a defaulting penalty equal to double the management fee that Party B is liable to pay to Party A for the month.Article 18For any dispute arising herefrom or relevant hereto, both parties shall attempt to settle it in a friendly manner. If both parties fail to reach agreement through consultation, then the dispute shall be submitted to the Suzhou Arbitration Committee for arbitration in accordance with then effective arbitration rules of the Arbitration Committee. The arbitration award shall be final and binding on both parties. Terms hereof other than those under arbitration shall be implemented during arbitration.This Contract is signed by representatives of Party A and Party B in Suzhou on _. This Contract is served in 2 copies, with each party holding 1, each with the same legal effect. Each contract has Chinese and English versions. In case of any dispute between these 2 versions, the Chinese version shall prevail.Signature of Party As representative (seal):Party A: China International Intellectech (Shanghai) Corporation Suzhou Branch Add: Tel: 0086-Fax: 0086-Website: Postal Code:Signature of Party Bs representative (seal):Party B: Add:Tel:Fax:Website:Postal Code:3