劳务派遣合同中英文模板.doc

劳务派遣协议(中英文）
CONTRACT OF LABOR DISPATCH SERVICE

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:

　　甲乙双方根据中国相关法律, 依据平等互利标准, 经友好协商, 就甲方向乙方派遣职员事宜达成以下协议:
According to Chinese relevant laws, and in consideration of the mutual covenants and agreements contained herein, the parties hereby reach the following contract concerning dispatched employee:

第一章 派遣与借用CHAPTER ONE DISPATCH AND BORROWING
第一条　派遣系指甲方根据本协议约定, 将与甲方建立劳动关系人员派往乙方工作行为。
Article 1 For the purpose of this Contract, "Dispatching " means Party A dispatches its employee who has employment relation with itself to work for Party B.

第二条　借用系指乙方根据本协议约定, 从甲方借调人员到乙方工作行为。
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　甲方依据乙方要求向乙方派遣职员, 乙方须根据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　职员与甲方为劳动关系, 与乙方为劳务关系。职员工作地点、 岗位、 方法由乙方依据业务需要确定。
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职员费用, 包含:
Article 5 The “”Borrowing Fees” means the payment that Party B shall make to Party A, which includes:

（一）支付职员工资。 The wages of the Employee.
（二）支付职员社会保险、 住房公积金费用。
The social insurance premiums and housing fund of the Employee.

（三）甲方为派遣职员提供商业保险、 福利费用。
Other commercial insurance and welfares that Party A offers to the Employee.

（四）甲方对派遣职员管理、 经营成本, 该费用所占百分比不少于借用费5%。
The management cost and operation cost of the dispatched Employee that Party A spends, which is not less than 5% of the total Borrowing Fees.

（五）负担企业税收等费用。 Taxes and other expenses that Party A bears.

第六条 甲方派遣人员姓名Article 6 the Name of the dispatched Employee
聘用职务及工作内容 Working Position & Working Contents

第二章 甲方义务与权利CHAPTER TWO RIGHTS AND OBLIGATIONS OF PARTY A
第七条　甲方负担下列义务: Article 7 Party A shall assume the following obligations:
　　（一）依据乙方要求推荐人选, 与乙方决定借用人员或乙方直接选定人员签署《派遣职员劳动协议》。
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）教育派遣职员遵守中国法律、 法规和规章。
to educate the dispatched employee to observe the laws, decrees and relevant regulations enacted by the Chinese government.

　（三）教育派遣职员遵守乙方工作制度, 保守乙方商业秘密。
to educate the dispatched 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职员工资和应得收入。
to pay the Employee wages and other remunerations he deserves from the borrowing fees.

（五）在乙方支付借用费后, 依法负担派遣职员社会保险、 住房公积金及福利费用, 其中福利及医疗保险部分内容具体实施根据本协议及其附件条款、 甲方相关派遣职员福利待遇、 医疗费用报销要求实施。
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）为派遣职员提供双方确定服务内容。
to provide other services which are agreed by two parties.

（七）听取乙方意见和提议, 不停改善工作。
to accept the advices and suggestions provided by Party B, and improve its work accordingly.

第八条 甲方享受以下权利:
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, 甲方有权撤回派遣职员和解除本协议, 但应提前30天以书面形式通知乙方和派遣职员（派遣职员在试用期内除外）, 同时甲方按下列方法向乙方一次性支付赔偿费:
派遣职员被派遣时间每满一年, 赔偿费为一个月借用费, 不足一年部分按一年计算。赔偿费以派遣职员被撤回当月借用费为计算标准。
In case in some special situations when two parties cannot reach an agreement, Party A shall have the right to recall its dispatched employee, but a 30 days’ prior written notice shall be made by Party A (except the dispatched employee is in the probation period), and shall be sent to Party B and the dispatched 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 dispatched 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 dispatched employee is recalled.

　（二）甲方有权对乙方违反本协议相关条款或损害派遣职员正当权益行为提出书面意见, 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。
Party A is entitled to bring forward its opinions in written when Party B violates this Contract or damages the legal rights of the dispatched 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职员工资或借用费, 甲方可随时无条件解除本协议, 并向乙方追索所欠费用。
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 dispatched employee's wages, or fails to pay the borrowing fees.

（四）派遣职员若侵害了乙方正当权益, 甲方可帮助乙方追究职员相关责任。
(4) Party A may offer assistance to Party B in asking the dispatched employee to take his liabilities, if the dispatched employee damages the legal rights of Party B.

第三章 乙方义务与权利
CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B
第九条 乙方负担下列义务: Article 9 Party B shall assume the following obligations:
（一）尊重派遣职员不一样民族习惯和宗教信抑, 不歧视派遣职员。
to respect the custom, religion and belief of the dispatched employee, and not to make any discrimination.

　（二）为派遣职员提供符合中国政府相关劳动保护要求工作场所和条件, 确定其工作岗位和工作内容, 并依法为派遣职员提供各项社会保险及住房公积金费用。不然, 产生后果由乙方自行负担。
shall provide the dispatched 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 dispatched employee. Also, Party B shall pay the social insurance premiums and housing fund for the dispatched employee. Otherwise, Party B will be responsible for the results arising therefrom.

（三）实施天天工作不超出8小时, 每七天工作不超出40小时标准工时制, 如遇特殊情况需派遣职员延长工作时间, 乙方须依法支付加班费。
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 dispatched employee overtime pay.

（四）为派遣职员提供差旅等补助, 具体数额由乙方决定。
shall provide the dispatched employee travelling allowance and other benefits, the amount of the aforementioned allowance and benefits will be determined by Party B.

　（五）确保派遣职员法定节假日休息。为借用满一年以上（含一年）职员每年安排一次带薪休假, 具体休假天数按乙方要求实施。
Shall guarantee that the dispatched employee can get rest and leave during the legal holidays. Shall also arrange one paid holiday for the dispatched employee whose borrowing period is on and over one year. How long the leave with pay of the dispatched employee is will be based on the regulations of Party B.

（六）根据国家标准享受医疗期及医疗期内病假工资和疾病救助费。
shall guarantee that the dispatched 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, 乙方能够规章制度形式作具体要求, 也可与派遣职员以协议形式作具体约定。只要不违反国家法律、 法规, 且送甲方立案, 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 dispatched 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　乙方享受以下权利: Article 10 Party B shall have the following rights:
　（一）对决定借用职员能够要求试用期, 试用期限应依据借用期限确定:
may decide the probation period of the dispatched employee based on the borrowing period:

1．借用期在6个月以下, 试用期不超出15日;
Where the borrowing period of the dispatched employee is less than six (6) months, the probation period may not exceed 15 days

2．借用期在6个月以上1年以下, 试用期不超出30日;
Where the borrowing period of the dispatched employee is more than six (6) months but less than one year, the probation period may not exceed 30 days;

3．借用期在1年以上3年以下, 试用期不超出60日;
Where the borrowing period of the dispatched employee is more than one year but less than three years, the probation period may not exceed 60 days;

4．借用期在3年以上, 试用期最长不超出6个月。
Where the borrowing period of the dispatched 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, 但应支付试用期借用费（含社会保险及住房公积金费用）。试用期满, 所派遣职员自动转为正式派遣职员, 其借用期自试用之日起计算。.试用期内, 乙方对不符合要求者, 有权终止试用, 但应支付试用期借用费（含社会保险及住房公积金费用）。试用期满, 所派遣职员自动转为正式派遣职员, 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 dispatched employee will automatically become regular dispatched 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, 有解除派遣职员和解除本协议权利, 但应提前30天以书面形式通知甲方和派遣职员（派遣职员在试用期内除外）, 同时按下列方法向甲方一次性支付赔偿费:
派遣职员借用时间每满一年, 赔偿费为一个月借用费, 不足一年部分按一年计算。赔偿费以派遣职员被退回甲方当月借用费为计算标准。赔偿费中包含派遣职员被解除劳动协议经济赔偿金。
during the borrowing period, Party B is entitled to dismiss the dispatched employee and terminate this contract, however, it shall make a 30 days’ prior written notice to inform Party A and the dispatched employee, except otherwise the dispatched 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 dispatched employee is returned to Party A. The compensation fee shall includes the severance pay of the dispatched employee who is sent back by Party B.

（三）如派遣职员因违反中国法律、 法规和严重违反乙方要求（此要求对派遣职员和甲方应该是公开）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职员, 并可不支付赔偿费。
If the dispatched 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）可与派遣职员另行签署个人协议作为甲方与派遣职员劳动协议附件送甲方立案, 但该协议不得违反中国相关法律、 法规和本协议内容。
May sign the individual agreement with the dispatched 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协议相关条款行为提出书面意见, 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。
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　借用费为每个月人民币 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、 赔偿费和年底附加工资（乙方直接支付派遣职员工资, 须于当月底前向甲方支付借用费其它部分）, 甲方收到后, 于次月6日支付派遣职员工资。以上费用每逾期10天按1%加付滞付金。逾期30天, 甲方可视情况提出索要违约金____元, 并解除或终止本协议, 且不属违约行为, 双方办理对应手续。
Article 12 Party B shall pay the monthly borrowing fee, compensation fee and additional year-end bonus before 20th of each month (if the dispatched 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 dispatched 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　在本协议推行过程中, 甲乙双方如发生争议, 应经过友好协商处理。经协商后仍不能处理, 可提交有管辖权人民法院处理。
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）与派遣职员因本协议中相关劳动纪律约定、 职员工资、 保险等劳动权利和义务内容发生劳动争议, 并提起劳动争议仲裁时, 如争议处理结果与乙方（或甲方）有利害关系, 乙方有参与仲裁活动权利和义务。
Article 15 If there is any dispute happens between the dispatched 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 dispatched 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　甲方为派遣职员提供服务内容在附件2中约定, 附件2为本协议不可分割组成部分。
Article 16 The services that Party A provides to dispatched employee are stipulated in Appendix 2, which is an integral part of this Contract.

第十七条　本协议未尽事宜, 国家有要求按国家要求办理, 国家无要求由甲乙双方协商处理, 或签署协议附件另行约定。
Article 17 The undocumented issues shall be settled down according to state relevant regulations, or be resolved by the negotiations between two parties where there is no such regulation existing, or reach other appendixes agreed by the parties.

第十八条　本协议在推行中, 如因中国政府新颁布法律、 法规和规章造成本协议条款必需修订时, 均应以新颁布法律、 法规和规章为准, 由甲乙双方协商修订。
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