劳务派遣合同中英文.docx

1、劳务派遣合同中英文劳务派遣合同(中英文)劳务派遣合同(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 co

2、venants 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, Dispatching means Party A dispatches its employee wh

3、o 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

4、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 conc

5、erned 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

6、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。 The wages of the Employee. （二）支付员工的社会保险、住房公积金费用。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。to provide other

7、services which are agreed by two parties. （七）听取乙方意见和建议，不断改进工作。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

8、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。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 dispa

9、tched 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 months

10、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

11、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

12、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。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 employees 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 offe

13、r 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

14、抑，不歧视派遣员工。to respect the custom, religion and belief of the dispatched 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。 shall provide the dispatched Employee with necessary working condition which is in accordance w

15、ith 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

16、 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。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

17、, it shall pay the dispatched 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。 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）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

18、的规定执行。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 regulati

19、ons 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。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

20、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

21、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：may decide the probation period of the

22、dispatched employee based on the borrowing period: 1借用期在6个月以下的，试用期不超过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年以下的，试用期不超过30日；Where the borrowing period of the dispatched employee is more than six (6)

23、 months but less than one year, the probation period may not exceed 30 days; 3借用期在1年以上3年以下的，试用期不超过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年以上的，试用期最长不超过6个月。Where the borrowing period

24、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。.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 contr

25、act 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

26、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。 during the borrowing period, Party B is entitled to dismiss the dispatched

27、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 t

28、o the following ways:The compensation fee shall be paid based on borrowing time at the rate of one months 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 empl

29、oyee 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。If the dispatched employee is returned by Party B, by virtue of violating the

30、 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

31、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。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 contrac

32、t. （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。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