甲方:
(简称甲方)
乙方:
(简称乙方)
根中华民国合法等关法律法规规定着等互利原双方友协商甲方委托乙方进行事理等事宜达成委托事理合(简称合)
第章 总
第条 适
双方关甲方委托乙方提供事理等事宜适合
第二条 适法律
合合关切事宜律适中华民国法律法规合条款中华民国法律法规致时中华民国法律法规准
第三条 定义
31 附件:合中附件指双方行签订关合补充协议相关约定等:附件合分割组成部分合具等法律效力合约定外
32 事理服务:合中事理服务指双方合附件中约定甲方选择乙方提供事理前述事理相关联系服务合约定外
33 委托理费:合中委托理费指甲方委托乙方提供事理服务应支付乙方种费总包括政府收费项目政府收费项目乙方行支付合约定外
第二章 权利义务
第四条 甲方享权利
甲方权求乙方时提供双方约定事理服务
第五条 乙方享权利
乙方权根合附件约定月甲方收取委托理费
第六条 甲方履行义务
61 甲方应根合附件约定月乙方足额支付委托理费
62 甲方应月十五日前书面通知乙方甲方员工事变动信息通知滞造成社会保险住房公积金缴纳费应甲方负责支付
第七条 乙方履行义务
71 乙方应根合附件约定甲方提供类选定事理服务
72 乙方应根甲方提供事变动信息政府规定办理期限提供类服务
第八条 甲乙双方享权利履行义务
81 合相关切文件包括限合草稿附件报价传真信函等均双方商业秘密双方均形式第三方泄漏否应承担相应违约责济责
82 双方权方违反合行进行交涉提出整改意见求方义务赔偿违约方造成损失
83 甲方乙方搬迁办公址均应提前十五天书面形式通知方未时通知造成方损失搬迁方应承担相应济赔偿责
第三章 事理服务项目
第九条 服务项目选择
乙方提供事理服务项目般列具体应根甲方附件中选择准
91 代办理员工录退工手续
根附件确定名单手续齐全条件两周负责甲方员工劳动服务机构办理录退工手续
92 代保事档案(尚未开通)
工手续甲方员工事档案调入乙方根事档案保规定做保转移工作
93 代缴纳社会保险费开户
市劳动社会保障局规定代甲方员缴纳月社会保险费建立帐户缴纳费甲方支付
94 代缴纳住房公积金开户
市住房公积金理中心规定代甲方员工缴纳月住房公积金建立帐户缴纳费甲方支付
95 代办理类商业保险业务
根甲方委托求甲方员工代办理身意外险家庭财产险医疗险等保险业务投保费甲方支付
96 代办理出国(境)手续
根海市公安局出入境理处规定甲方员工办理出国(境)护边防通行证申办费甲方支付
97 代办理类证明身份证明行政关系
甲方员工办理结婚公证种行政关系等证明包括员工连续工龄证明员工组织关系挂涉购房贷款担保等民事事宜外
98 代办理职称评定
根规定符合条件甲方员工评定专业技术职称
99 代办理外员工居住证
根规定符合条件甲方外员工沪工作期间办理居住证申办费甲方员工支付
910 代办理集体户口挂(尚未开通)
乙方根海市事局户口理规定办理甲方员工户口挂费甲方员工支付
911 代办外劳动力进沪业审批
乙方根海市劳动社会保障局相关规定符合条件情况代办理招聘市劳动力足证明关外劳动力批复外劳动力业证综合保险缴费卡等手续申办费甲方支付
第四章 费结算
第十条 委托理费确定
101 委托理费根甲方选择事理服务项目双方协商确定合附件中月二十日乙方付款通知书月委托理费结算
102 委托理费民币者等值民币外币报价结算汇率中国民银行月十五日公布汇率中间价准
103 双方应根政府相关规定年四月日起相应调整社会保险费年七月日起相应调整住房公积金费根政府政策时进行必需调整
第十条 委托理费支付
月月底前甲方庆根合附件规定金额乙方支付月委托理费具体支付方式四种:
111 现金
112 支票
113 贷记证
114 电汇
第五章 违约责
第十二条 般违约责
合方违反合约定应承担方造成济损失
第十三条 委托理费迟延支付违约责:
甲方未合第四章规定时支付委托理费应足额支付外应应付款日起实际支付日止日支付应付款金额千分二滞纳金乙方逾期付款30日乙方权单方面终止合造成济损失法律责甲方承担
第十四条 违反保密条款违约责
违反合81约定未违约方根违约方违约情节行确定违约方违约责少低甲方根合附件约定应乙方支付月委托理费支付期限未违约方确定
第十五条 违约合解
合方违反合约定超三十天未改正方权立书面通知方解合合书面通知发出日起解
第六章 附
第十六条 未创设第三方权力
合条款未解释第三方提供创设该第三方受益权利
第十七条 双方约定事宜:
171 甲方应实提供委托乙方办理事代理服务项目相关材料提供材料时性完整性真实性负责
172 乙方未约定办妥委托事理服务项目甲方权索回已支付服务费乙方承担相应违约责
173
第十八条 合未事宜
合履行程中发现合未事宜中华民国法律法规行订立补充约定
第十九条 争议解决
双方履行合程中发生争议均应双方友协商解决协商成提交海市仲裁委员会仲裁
第二十条 合生效
合甲乙双方签字日起生效效期年签字先者签字日合生效日
第二十条 合变更
合期合103约定外方变更合需提前三十日书面形式通知方三十天双方应变更条款达成致合原条款应继续效双方必须继续履行
第二十二条 合终止续签
221 合期行终止
222 合期满前双方愿意续约应期满前三十天续签合相关附件合续签应合期限需变更条款进行变更
223 合旦解终止合附件解终止
第二十三条
合式二份双方持份具等效力合中文英文书两种文异议中文文准
甲方盖章: 乙方盖章:
甲方法定代表授权委托: 乙方代表签字:
签订时间: 签订点:
委托事理合附件
委托理协议
甲方:
(简称甲方)
乙方:
(简称乙方甲方乙方合称双方)
双方根 年 月 日签订委托事理合甲方委托乙方进行事理具体事宜友协商达成协议
() 协议委托事理合组成部分委托事理合具等法律效力
(二) 甲方委托乙方进行事理员理容等具体事宜协议准详细容列附表
(三) 委托理费支付结算委托事理合相关约定执行
(四) 甲乙双方权利义务事宜严格委托事理合约定执行
(五) 甲乙双方履行协议产生争议应委托事理合相关约定执行
(六) 协议双方签字盖章日起生效特约定效期委托事理合
(七) 需行约定事项:
1
2
3
(八) 协议式二份甲乙双方执份具等效力
(九) 协议中英文两种文异议协议中文文准
委托事理合附件二
中国员工团体综合保障计划服务项目
Item of Group Insurance Plan for the Chinese Employees
序号
项目
金额
选择
No
Item
Sum
Choice
1
团体身保障(A)
Yes No
Group Life Insuance
2
团体综合医疗保障(A)
Yes No
Comprehensive Group Medical Insurance
3
重疾病保障(B)
Yes No
Insurance for Critical Illness
4
住院补贴保障(B)
Yes No
Hospital Subsidy In surance
5
独生子女保障(B)
Yes No
The Only Child Insurance
6
体检保健(B)
Yes No
Medical Examination
7
风险补助(C)
Yes No
Grantin Aid
8
离职补助(C)
Yes No
Unemployment Grant
9
慰问联谊(C)
Yes No
Enterainment
10
补助医疗金(C)
Yes No
Subsidiary Medical Fund
11
档案保(C)
Yes No
Personal File Mangagement
12
总计
Sum Total
备注
Remarks
甲方 Party A 乙方 Party B
签订日期: 签订点:
Entrust Contract For Personnel Administration
Party A
(hereinafter referred to as Party A)
Party B
(hereinafter referred to as Party B)
According to stipulations in the Contract Law of the People’s Republic of Chinaand other relevant laws and regulations the Two Parties reach this Entrust Contract For Personnel Administration (hereinafter called This Contract) with respect to entrustment of Party B for personnel Administration by Party A in the principle of equality and mutual benefits and through friendly consultation
Chapter 1 General Provisions
Article 1 Application
This Contract is applicable to the entrustment of Party B for personnel administration to Party A and related matters
Article 2 Applicable Laws
This Contract and all matters related to This contract are subject to the laws and regulations of the People’s Republic of China In case of discrepancy between the articles of This Contract and the laws and regulations of the People’s Republic of China the latter shall prevail
Article 3 Definition
31 Attachments Attachments as mentioned in This Contract refer to all supplementary agreements or other related agreements concerning This Contract signed by the Two Parties This Attachments are indispensable part of This Contract and have the same legal effect as This contract unless otherwise stipulated in This Contract
32 Personnel Administration Service Personnel Administration Service as mentioned in This Contract refers to personnel administration stipulated by the Two Parties in the Attachments chosen by Party A and provided by Party B as well as services related with such personnel administration unless otherwise stipulated in This Contract
33 Entrust Administration Fee Entrust Management Fee as mentioned in this contract refers to the sum of al charges and expenses that Party A should pay to Party B on account of Party A’s entrustment of Party B for provision of Personnel Administration Service unless otherwise stipulated in This contract But Entrust Management Fee is not consising of the government charges The government charges is defray through side B separately
Chapter 2 Rights and Obligations
Article4 Rights Enjoyed By Party A
Party A shall have the right to request party B to proved personnel Administration Service timely as stipulated by the Two Parties
Article5 Rights Enjoyed By Party B
Party B shall have the right to charge Entrust Administration Fee from Party A on a monthly base as stipulated in This Contract and attachments
Article6 Obligations To Be Performed By Party A
61 Party A shall make full payment of Entrust Administration Fee on a monthly base to Party B as stipulated in This Contract and Attachments
62 Party A shall inform Party A in written notice of any variation prior to 15th of the current month otherwise it shall take responsibilities of social insurance and housing funds over paid
Article 7 Obligations To Be Performed By Party B
71 Party B shall provide Party A with selected Personnel Administration Service as stipulated in This Contract and Attachments
72 Party A shall provide Personnel Administration Service according to the variation within the prescribed period
Article 8 Rights Enjoyed And Obligations Performed Jointly By Two parties
81 This Contract and all related documents including but not limited to contract scripts Attachments quotation faxes and letters are commercial secrets of the Two parties and shall not be disclosed to a third party by either party otherwise the disclosing party shall bear responsibility for breach of contract and economic responsibility accordingly
82 Either party shall be entitled to negotiate and propose rectification opinions and requests with respect to breach of the contract on the part of the other party and the defaulting party shall have duty to compensate for all losses arising therefrom
83 In cases of Party A or Party B moving their offices it shall inform the other party theron in written notice 15 days in advance If it causes losses to the other party by failing to do so the moving party shall bear the responsibility for economic compensation accordingly
Chapter 3 Items of Personnel Administration Service
Article 9 Choice Of service Item
Items of Personnel Administration service provided by Party B are normally as follow but their particulars shall be according to the selection made by Party A in the Attachment
91 Completing employee recruitment and dismissal procedures on behalf of Party B
To complete recruitment and dismissal procedures in two weeks at the competent labor service organ according to the name list defined in Attachment 1 and under the condition of provision all necessary documents
92 Keeping personnel files on behalf of party A (Not supply yet)
To transfer personnel files of Party A’s staff to party B according to recruitment procedures and keeping them according to regulations on personnel file keeping
93 Paying social insurance fees and opening accounts on behalf of party A
To pay Party A’s Staff social insurance for current month on Party A’s behalf and have their individual accounts established according to the regulations of the Municipal Bureau of Labor and Social Security Expenses are borne by Party A
94 Paying housing funds and opening accounts on behalf of Party A
To pay Party A’s Staff housing fund for current month on Party A’s behalf and have their individual accounts established according to the regulations of the Municipal Administration Center of Housing Fund Expenses are borne by Party A
95 Handling all commercial insurance on behalf of party A
To handle personal accident insurance family property insurance medical insurance and other insurance of Party A’s employees as required in the entrustment by Party A on its behalf Expenses are borne by Party A
96 Going through formalities for gong abroad (exit)on behalf of Party A
To go through formalities for obtaining passports for going abroad (exit) and frontier passes for Party A’s Staff according to the regulations of the Exit Entry Administrative Division of the Public Safety Bureau of Shanghai Expenses are borne by Party A
97 Handing procedures for obtaining identification papers and proof of administrative relationship on behalf of Party A
To handle procedures for obtaining papers for marriage notarization and administrative relationship for Party A’s Staff including proof of continuous length of work and organizational relationship of the employees Not consist of such as extend credit to in the house and guaranty Agreement and so on
98 Handling Procedures for awarding of professional titles on behalf of Party A
To handle procedures for awarding of professional titles for Party A’s employees with corresponding qualification according to the rules and regulations
99 Handling procedures for Residence permits for Party A’s staff coming from other places
To handle procedures for obtain Residence permits according to the Regulations Expenses are borne by Party A’s employees
910 Handling collective residence book(Not supply yet)
To handle procedures for residence registration of Party A’s Staff according to the stipulations for residence registration of the Personnel Bureau of Shanghai Expenses are bore by Party A’s Staff
911 Take up an occupation and examine Of Labour force in other places enters Shanghai
To handle procedures for Takeing up an occupation and examine Of Labour force in other places enters Shanghai below the match condition situationExpenses are borne by Party A’s Staff
Chapter 4 Entrust Administration Fee and Its Settlement
Article 10 Determination Of Entrust Administration Fee
101 Entrust Administration Fee shall be defined in the Attachments through consultation between Two Parties according to the Personnel Administration Service items chosen by Party A Settlement of the Entrust Administration Fee for the current month shall be based on the Notification of Payment issued by Party A on 20th of each month
102 Entrust Administration Fee can be settled in RMB or foreign currencies equal to RMB values Exchange rates shall be those mid price as quoted by the people’s Bank of China on the 15th of the current month
103 The Two Parties shall according to relevant regulations of the government adjust social insurance charges correspondingly from April 1 each year and adjust housing funds correspondingly from July 1 each year they shall make other necessary adjustments at any time according to regulations issued by the government Such adjustments shall not affect terms of employment
Article 11 Payment of Entrust Administration Fee
Prior to the end of each month Party B shall Pay Party A the Entrust Administration Fee for the current month in the amount as specified in the Attachments to This Contract in the following four specific ways
111 Cash
112 Checks
113 Credit Vouchers
114 Telegraphic Transfer
Chapter 5 Responsibility for Breach of This Contract
Article 12 General Responsibility
Either party of this Contract in breach of the agreement in This Contract shall bear the economic losses caused thereby to the other party
Article 13 Responsibility Due To Delayed Payment Of Entrust Administration Fee
If Party A fails to pay Entrust Administration Fee timely as stipulated in Chapter 4 of This Contract it shall in addition to full amount payment make a daily payment of fine for delayed payment of fine for delayed payment to Party B which is equal to 02 of the sum payable from the overdue date to the date of actual payment Pay Entrust Administration Fee Over Than 30 days in case exceeding the time limit side B possess authority unilaterally to ban the contract
Article 14 Responsibility Due To Breach Of secrecy Articles
In case of either party of This Contract violating the agreement in 81 of This Contract the observant party may determine the responsibility of breach of contract of the defaulting party according to
the details in such breach but it shall not be less than the sum of all Entrust Administration Fee Party A should Pay Party B within one month according to This Contract and Attachment
Article 15 Contract Cancellation After Beach of Contract
If either party violates the agreement in This contract and does not make corrections thereon within 30 days the other party shall be entitled to immediately inform in written notice the other party of cancellation of This contract and This Contract shall be cancelled from the date of issuance of such written notice
Chapter 6 Supplementary Provisions
Article 16 No Creation Of The Right Of A Third Party
Andy articles in This contract is not used for or interpreted as provision and creation of the right to a third party to benefit itself therefrom
Article 17 Other Matters As Stipulated By The Two Parties
171 Side A ought to supply correlation Document which go strictly by the facts and Side A Should guarantee that the document supplied seasonablecompleteness and factuality
172 If Side B does not handle the proper Entrust Managemen item Then side B possess the right Of redrawing the Entrust Managemen fee Payedand side A must undertake the relevant violation of a contract responsibility
173
Article 18 Matters Not Addressed In Detail In This Contract
Supplementary agreements shall be reached in conformity with the laws and regulations of the People’s Republic of China with respect to matters found to be not addressed in detail in This Contract in the course of implementation
Article 19 Settlement Of Disputes
Any dispute arising in the course of implementation of This contract by the Two Parties shall be settled through their friendly consultation if such consultation fails it can be submitted to Shanghai Arbitration Commission for arbitration
Article 20 Effectiveness Of This Contract
This Contract shall become effective on the date of signature by representatives of the Two Parties and shall remain effective for one year In case representatives of the Two Parties do not sign it on the same day the later date thereof shall be the date of effectiveness of the contract
Article 21 Modification of This Contract
During the contract with exception of agreement in 103 of This Contract either party shall inform the other party in written notice 30 days in advance if it intends to modify This
Contract Within 30 days the two parties shall reach an agreement with respect to modification of its articles If the Two Parties fail to reach an agreement within the above mentioned period the original clauses of This Contract shall remain valid and shall be implemented by the two parties
Article 22 Termination And Renewal Of This contract
221 This contract shall terminate upon its expiration
222 If the Two Parties intend to renew the agreement prior to expiration of This Contract they shall renew This Contract or relevant attachment 30 days before expiration If This Contract is renewed the contract period and other clauses that need to be modified shall be modified
223 Once This Contract is cancelled or terminated Attachments shall be cancelled and terminated
Article 23 Others
This Contract is prepared in duplicated with each party holding one of them having the same effect This Contract is written in Chinese and English and case of discrepancy between the two versions the Chinese version shall prevail
Seal Of Party A Seal Of Party B
Signature of Party A’sRepresentative Signature of Party B’sRepresentative
Date Place
Agreement On Entrustment Of Administration
Party A
(hereinafter referred to as Party A)
Party B
(hereinafter referred to as Party B Party A and B are called the Two Parties hereinafter)
Based on the Entrust Contract For Personnel Administration signed on the Two Parties hereby reach this agreement through friendly consultation with respect to specific matters on Party A’s entrustment of Party B for personnel management
1) This Agreement is part of and has the same legal effect as the Entrust Contract For Personnel Administration
2) Particulars regarding employees and administration items included in the entrustment for personnel administration as made by Party A to Party B shall be in accordance with this agreement with details being listed in the attached table
3) Payment and settlement of Entrust Administration Fee shall proceed according to relevant agreement in the Entrust Contract For Personnel Administration
4) Rights and Obligations of Party A and B and other matters shall proceed in strict accordance with the Entrust Contract For Personnel Administration
5) Disputes arising from implementation of this agreement by the Two Parties shall be handled in accordance with relevant agreement in the Entrust Contract For Personnel Administration
6) This Agreement shall become effective on the date of signing and stamping by the Two Parties
7) This agreement is prepared in duplicate with Party A and Party B holding one of them with the same effect
8) This agreement is prepared in Chinese and English In case of discrepancy between the two versions the agreement in the Chinese version shall prevail
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