派遣员工劳务合
OUTSOURCING CONTRACT OF EMPLOYMENT
（ ）字第 号
甲方：
Party A
法定代表：
Legal Representative
址：
Address
乙方：
Party B
法定代表：
Legal Representative
址：
Address：
甲乙双方中华民国关法律根等互利原友协商甲方乙方派遣员工事宜达成协议：
According to Chinese relevant laws and in consideration of the mutual covenants and agreements contained herein the parties hereby reach the following contract concerning outsourced employee
第章 派遣
CHAPTER ONE OUTRESORCING AND BORROWING
第条 派遣系指甲方合约定甲方建立劳动关系员派乙方工作行
Article 1 For the purpose of this Contract Outsourcing means Party A dispatches its employee who has employment relation with itself to work for Party B
第二条 系指乙方合约定甲方调员乙方工作行
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 甲方根乙方求乙方派遣员工乙方须约定甲方支付费
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 员工甲方劳动关系乙方劳务关系员工工作点岗位方式乙方根业务需确定
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 费系指乙方甲方员工费包括：
Article 5 The Borrowing Fees means the payment that Party B shall make to Party A which includes
（）支付员工工资
(1) The wages of the Employee
（二）支付员工社会保险住房公积金费
(2) The social insurance premiums and housing fund of the Employee
（三）甲方派遣员工提供商业保险福利费
(3) Other commercial insurance and welfares that Party A offers to the Employee
（四）甲方派遣员工理营成该费占例少费5
(4) The management cost and operation cost of the outsourced Employee that Party A spends which is not less than 5 of the total Borrowing Fees
（五）承担企业税收等费
(5) Taxes and other expenses that Party A bears
第六条 甲方派遣员姓名
聘职务工作容
期限 年2012年 月 日20 年 月 日止
工作点
Article 6 The Name of the outsourced Employee
Working Position & Working Contents
Borrowing Period Commencing from to
Working Venue
第二章 甲方义务权利
CHAPTER TWO RIGHTS AND OBLIGATIONS OF PARTY A
第七条 甲方承担列义务：
Article 7 Party A shall assume the following obligations
（）根乙方求推荐选乙方决定员乙方直接选定员签订派遣员工劳动合
(1) 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）教育派遣员工遵守中华民国法律法规规章
(2) to educate the outsourced employee to observe the laws decrees and relevant regulations enacted by the Chinese government
（三）教育派遣员工遵守乙方工作制度保守乙方商业秘密
(3) to educate the outsourced employee to observe the working system and policies of Party B and keep the business secrets of Party B in confidential
（四）费中支付派遣员工工资应收入
(4) to pay the Employee wages and other remunerations he deserves from the borrowing fees
（五）乙方支付费法承担派遣员工社会保险住房公积金福利费中福利医疗保险部分容具体实施合附件条款甲方关派遣员工福利遇医疗费报销规定执行
(5) 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）派遣员工提供双方确定服务容
(6) to provide other services which are agreed by two parties
（七）听取乙方意见建议断改进工作
(7) to accept the advices and suggestions provided by Party B and improve its work accordingly
第八条 甲方享权利：
Article 8 Party A shall enjoy the following rights
（）遇特殊情况甲乙双方达成致意见时甲方权撤回派遣员工解合应提前30天书面形式通知乙方派遣员工（派遣员工试期外）时甲方列方式乙方次性支付补偿费：
派遣员工派遣时间满年补偿费月费足年部分年计算补偿费派遣员工撤回月费计算标准
(1) In case in some special situations when two parties cannot reach an agreement Party A shall have the right to recall its outsourced employee but a 30 days’ prior written notice shall be made by Party A (except the outsourced employee is in the probation period) and shall be sent to Party B and the outsourced 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 outsourced 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 outsourced employee is recalled
（二）甲方权乙方违反合关条款损害派遣员工合法权益行提出书面意见进行交涉乙方应收甲方书面意见六工作日书面形式回复甲方
(2) Party A is entitled to bring forward its opinions in written when Party B violates this Contract or damages the legal rights of the outsourced 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）乙方拖欠派遣员工工资费甲方时条件解合乙方追索欠费
(3) 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 outsourced employee＇s wages or fails to pay the borrowing fees
（四）派遣员工侵害乙方合法权益甲方协助乙方追究员工相关责
(4) Party A may offer assistance to Party B in asking the outsourced employee to take his liabilities if the outsourced employee damages the legal rights of Party B
第三章 乙方义务权利
CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B
第九条 乙方承担列义务：
Article 9 Party B shall assume the following obligations
（）尊重派遣员工民族惯宗教信抑歧视派遣员工
(1) to respect the custom religion and belief of the outsourced employee and not to make any discrimination
（二）派遣员工提供符合中国政府关劳动保护规定工作场条件确定工作岗位工作容法派遣员工提供项社会保险住房公积金费否产生果乙方行承担
(2) shall provide the outsourced 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 outsourced employee Also Party B shall pay the social insurance premiums and housing fund for the outsourced employee Otherwise Party B will be responsible for the results arising therefrom
（三）实行天工作超8时周工作超40时标准工时制遇特殊情况需派遣员工延长工作时间乙方须法支付加班费
(3) 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 outsourced employee overtime pay
（四）派遣员工提供差旅等补贴具体数额乙方决定
(4) shall provide the outsourced employee travelling allowance and other benefits the amount of the aforementioned allowance and benefits will be determined by Party B
（五）保证派遣员工法定节假日休息满年（含年）员工年安排次带薪休假具体休假天数乙方规定执行
(5) Shall guarantee that the outsourced employee can get rest and leave during the legal holidays Shall also arrange one paid holiday for the outsourced employee whose borrowing period is on and over one year How long the leave with pay of the outsourced employee is will be based on the regulations of Party B
（六）国家标准享受医疗期医疗期病假工资疾病救济费
(6) shall guarantee that the outsourced employee is entitled to have medical treatment period and to receive sick wages and disease remedy during his medical treatment period
条列第（三）（四）（五）项容乙方规章制度形式作具体规定派遣员工协议形式作具体约定违反国家法律法规送甲方备案应规章制度协议准
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 outsourced 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 乙方享权利：
Article 10 Party B shall have the following rights
（）决定员工规定试期试期限应根期限确定：
1．期6月试期超15日
2．期6月1年试期超30日
3．期1年3年试期超60日
4．期3年试期长超6月
试期乙方符合求者权终止试应支付试期费（含社会保险住房公积金费）试期满派遣员工动转正式派遣员工期试日起计算
(1) may decide the probation period of the outsourced employee based on the borrowing period
a Where the borrowing period of the outsourced employee is less than six (6) months the probation period may not exceed 15 days
b Where the borrowing period of the outsourced employee is more than six (6) months but less than one year the probation period may not exceed 30 days
c Where the borrowing period of the outsourced employee is more than one year but less than three years the probation period may not exceed 60 days
d Where the borrowing period of the outsourced employee is more than three years the probation period may not exceed six months
试期乙方符合求者权终止试应支付试期费（含社会保险住房公积金费）试期满派遣员工动转正式派遣员工期试日起计算
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 outsourced employee will automatically become regular outsourced employee after his probation is over and The start time of the borrowing period shall be the start time of the probation period
（二）期解派遣员工解合权利应提前30天书面形式通知甲方派遣员工（派遣员工试期外）时列方式甲方次性支付补偿费：
派遣员工时间满年补偿费月费足年部分年计算补偿费派遣员工退回甲方月费计算标准补偿费中包含派遣员工解劳动合济补偿金
(2) during the borrowing period Party B is entitled to dismiss the outsourced employee and terminate this contract however it shall make a 30 days’ prior written notice to inform Party A and the outsourced employee except otherwise the outsourced 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 outsourced employee is returned to Party A The compensation fee shall includes the severance pay of the outsourced employee who is sent back by Party B
（三）派遣员工违反中国法律法规严重违反乙方规定（规定派遣员工甲方应该公开）解乙方征求甲方意见时通知甲方派遣员工支付补偿费
(3) If the outsourced 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）派遣员工行签订协议作甲方派遣员工劳动合附件送甲方备案该协议违反中华民国关法律法规合容
(4) May sign the individual agreement with the outsourced employeeand 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）乙方权甲方违反合关条款行提出书面意见进行交涉甲方应收乙方书面意见六工作日书面形式回复乙方
(5) 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 费结算
CHAPTER FOUR THE EXPENSES AND TERM OF PAYMENT
第十条 费月民币 元
Article 11 Borrowing Fees is RMB
第十二条 乙方须月20日前甲方支付月费补偿费年终附加工资（乙方直接支付派遣员工工资须月底前甲方支付费部分）甲方收次月6日支付派遣员工工资费逾期10天1加付滞付金逾期30天甲方视情况提出索违约金____元解终止合属违约行双方办理相应手续
Article 12 Party B shall pay the monthly borrowing fee compensation fee and additional yearend bonus before 20th of each month (if the outsourced 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 outsourced 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 加班加点费计算方法：
Article 13 The Calculation Method for the Overtime Payment
工作日加点费月工资÷2175天÷8时×实际加点时间×150
Overtime on working days Monthly wage÷2175 days÷8 hrs × actual overtime×150
休息日带薪休假日加班费月工资÷2175天÷8时×实际加班时间×200
Overtime on holidays Monthly wage ÷ 2175 days ÷ 8 hrs × actual overtime × 200
法定节假日加班费月工资÷2175天 ÷ 8时×实际加班时间×300
Overtime on legal public holidays Monthly wage ÷ 2175 days ÷ 8 hrs × actual overtime × 300
第五章 争议仲裁
CHAPTER FIVE DISPUTES AND ARBITRATION
第十四条 合履行程中甲乙双方发生争议应通友协商解决协商解决提交辖权民法院处理
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（乙方）派遣员工合中关劳动纪律约定员工工资保险等劳动权利义务容发生劳动争议提起劳动争议仲裁时争议处理结果乙方（甲方）利害关系乙方参加仲裁活动权利义务
Article 15 If there is any dispute happens between the outsourced 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 outsourced 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
CHAPTER SIX MISCELLANEOUS
第十六条 甲方派遣员工提供服务容附件2中约定附件2合分割组成部分
Article 16 The services that Party A provides to outsourced employee are stipulated in Appendix 2 which is an integral part of this Contract
第十七条 合未事宜国家规定国家规定办理国家规定甲乙双方协商解决签订合附件行约定
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 合履行中中国政府新颁布法律法规规章造成合条款必须修订时均应新颁布法律法规规章准甲乙双方协商修订
Article 18 In case that any new law decree or regulation of the state is enacted or there is any modification happens in the exercising statues the parties may alter this Contract subject to the newly modified laws decrees and regulations
第十九条 合____年____月____日起生效合期满前月甲乙双方均未提出异议效期行延长延长期限合期限相
Article 19 This contract shall come into effective from And such valid period may be extended automatically as long as neither party puts forward any objection within one month before the expiration
and the extension period shall be as long as it contained herein
第二十条 合分中文英文写成种文式两份双方持中文英文份两种文具等法律效力两种文出现矛盾时中文准
Article 20 This Contract is made out in Chinese and English languages in duplicate and both texts being equally authentic Each party shall hold one original of both versions In case of any difference between the two versions Chinese shall prevail
第七章 双方约定事项
CHAPTER SEVEN OTHER ITEMS AGREED BY TWO PARTIES
第二十条 双方约定需增加容
Article 21 Other items need to be supplemented that agreed by the two parties
第二十二条 双方约定需修改删合条款
Article 22 Other provisions need to be modified or deleted that agreed by the two parties
甲方： 乙方：
Party A Party B
代表签章： 代表签章：
Authorized Rep Authorized Rep
年月日 年 月 日
dd mm yy dd mm yy
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OUTSOURCING CONTRACT OF EMPLOYMENT
（ ）字第 号
甲方：
Party A
法定代表：
Legal Representative
址：
Address
乙方：
Party B
法定代表：
Legal Representative
址：
Address：
甲乙双方中华民国关法律根等互利原友协商甲方乙方派遣员工事宜达成协议：
According to Chinese relevant laws and in consideration of the mutual covenants and agreements contained herein the parties hereby reach the following contract concerning outsourced employee
第章 派遣
CHAPTER ONE OUTRESORCING AND BORROWING
第条 派遣系指甲方合约定甲方建立劳动关系员派乙方工作行
Article 1 For the purpose of this Contract Outsourcing means Party A dispatches its employee who has employment relation with itself to work for Party B
第二条 系指乙方合约定甲方调员乙方工作行
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 甲方根乙方求乙方派遣员工乙方须约定甲方支付费
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 员工甲方劳动关系乙方劳务关系员工工作点岗位方式乙方根业务需确定
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 费系指乙方甲方员工费包括：
Article 5 The Borrowing Fees means the payment that Party B shall make to Party A which includes
（）支付员工工资
(1) The wages of the Employee
（二）支付员工社会保险住房公积金费
(2) The social insurance premiums and housing fund of the Employee
（三）甲方派遣员工提供商业保险福利费
(3) Other commercial insurance and welfares that Party A offers to the Employee
（四）甲方派遣员工理营成该费占例少费5
(4) The management cost and operation cost of the outsourced Employee that Party A spends which is not less than 5 of the total Borrowing Fees
（五）承担企业税收等费
(5) Taxes and other expenses that Party A bears
第六条 甲方派遣员姓名
聘职务工作容
期限 年2012年 月 日20 年 月 日止
工作点
Article 6 The Name of the outsourced Employee
Working Position & Working Contents
Borrowing Period Commencing from to
Working Venue
第二章 甲方义务权利
CHAPTER TWO RIGHTS AND OBLIGATIONS OF PARTY A
第七条 甲方承担列义务：
Article 7 Party A shall assume the following obligations
（）根乙方求推荐选乙方决定员乙方直接选定员签订派遣员工劳动合
(1) 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）教育派遣员工遵守中华民国法律法规规章
(2) to educate the outsourced employee to observe the laws decrees and relevant regulations enacted by the Chinese government
（三）教育派遣员工遵守乙方工作制度保守乙方商业秘密
(3) to educate the outsourced employee to observe the working system and policies of Party B and keep the business secrets of Party B in confidential
（四）费中支付派遣员工工资应收入
(4) to pay the Employee wages and other remunerations he deserves from the borrowing fees
（五）乙方支付费法承担派遣员工社会保险住房公积金福利费中福利医疗保险部分容具体实施合附件条款甲方关派遣员工福利遇医疗费报销规定执行
(5) 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）派遣员工提供双方确定服务容
(6) to provide other services which are agreed by two parties
（七）听取乙方意见建议断改进工作
(7) to accept the advices and suggestions provided by Party B and improve its work accordingly
第八条 甲方享权利：
Article 8 Party A shall enjoy the following rights
（）遇特殊情况甲乙双方达成致意见时甲方权撤回派遣员工解合应提前30天书面形式通知乙方派遣员工（派遣员工试期外）时甲方列方式乙方次性支付补偿费：
派遣员工派遣时间满年补偿费月费足年部分年计算补偿费派遣员工撤回月费计算标准
(1) In case in some special situations when two parties cannot reach an agreement Party A shall have the right to recall its outsourced employee but a 30 days’ prior written notice shall be made by Party A (except the outsourced employee is in the probation period) and shall be sent to Party B and the outsourced 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 outsourced 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 outsourced employee is recalled
（二）甲方权乙方违反合关条款损害派遣员工合法权益行提出书面意见进行交涉乙方应收甲方书面意见六工作日书面形式回复甲方
(2) Party A is entitled to bring forward its opinions in written when Party B violates this Contract or damages the legal rights of the outsourced 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）乙方拖欠派遣员工工资费甲方时条件解合乙方追索欠费
(3) 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 outsourced employee＇s wages or fails to pay the borrowing fees
（四）派遣员工侵害乙方合法权益甲方协助乙方追究员工相关责
(4) Party A may offer assistance to Party B in asking the outsourced employee to take his liabilities if the outsourced employee damages the legal rights of Party B
第三章 乙方义务权利
CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B
第九条 乙方承担列义务：
Article 9 Party B shall assume the following obligations
（）尊重派遣员工民族惯宗教信抑歧视派遣员工
(1) to respect the custom religion and belief of the outsourced employee and not to make any discrimination
（二）派遣员工提供符合中国政府关劳动保护规定工作场条件确定工作岗位工作容法派遣员工提供项社会保险住房公积金费否产生果乙方行承担
(2) shall provide the outsourced 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 outsourced employee Also Party B shall pay the social insurance premiums and housing fund for the outsourced employee Otherwise Party B will be responsible for the results arising therefrom
（三）实行天工作超8时周工作超40时标准工时制遇特殊情况需派遣员工延长工作时间乙方须法支付加班费
(3) 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 outsourced employee overtime pay
（四）派遣员工提供差旅等补贴具体数额乙方决定
(4) shall provide the outsourced employee travelling allowance and other benefits the amount of the aforementioned allowance and benefits will be determined by Party B
（五）保证派遣员工法定节假日休息满年（含年）员工年安排次带薪休假具体休假天数乙方规定执行
(5) Shall guarantee that the outsourced employee can get rest and leave during the legal holidays Shall also arrange one paid holiday for the outsourced employee whose borrowing period is on and over one year How long the leave with pay of the outsourced employee is will be based on the regulations of Party B
（六）国家标准享受医疗期医疗期病假工资疾病救济费
(6) shall guarantee that the outsourced employee is entitled to have medical treatment period and to receive sick wages and disease remedy during his medical treatment period
条列第（三）（四）（五）项容乙方规章制度形式作具体规定派遣员工协议形式作具体约定违反国家法律法规送甲方备案应规章制度协议准
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 outsourced 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 乙方享权利：
Article 10 Party B shall have the following rights
（）决定员工规定试期试期限应根期限确定：
1．期6月试期超15日
2．期6月1年试期超30日
3．期1年3年试期超60日
4．期3年试期长超6月
试期乙方符合求者权终止试应支付试期费（含社会保险住房公积金费）试期满派遣员工动转正式派遣员工期试日起计算
(1) may decide the probation period of the outsourced employee based on the borrowing period
a Where the borrowing period of the outsourced employee is less than six (6) months the probation period may not exceed 15 days
b Where the borrowing period of the outsourced employee is more than six (6) months but less than one year the probation period may not exceed 30 days
c Where the borrowing period of the outsourced employee is more than one year but less than three years the probation period may not exceed 60 days
d Where the borrowing period of the outsourced employee is more than three years the probation period may not exceed six months
试期乙方符合求者权终止试应支付试期费（含社会保险住房公积金费）试期满派遣员工动转正式派遣员工期试日起计算
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 outsourced employee will automatically become regular outsourced employee after his probation is over and The start time of the borrowing period shall be the start time of the probation period
（二）期解派遣员工解合权利应提前30天书面形式通知甲方派遣员工（派遣员工试期外）时列方式甲方次性支付补偿费：
派遣员工时间满年补偿费月费足年部分年计算补偿费派遣员工退回甲方月费计算标准补偿费中包含派遣员工解劳动合济补偿金
(2) during the borrowing period Party B is entitled to dismiss the outsourced employee and terminate this contract however it shall make a 30 days’ prior written notice to inform Party A and the outsourced employee except otherwise the outsourced 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 outsourced employee is returned to Party A The compensation fee shall includes the severance pay of the outsourced employee who is sent back by Party B
（三）派遣员工违反中国法律法规严重违反乙方规定（规定派遣员工甲方应该公开）解乙方征求甲方意见时通知甲方派遣员工支付补偿费
(3) If the outsourced 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）派遣员工行签订协议作甲方派遣员工劳动合附件送甲方备案该协议违反中华民国关法律法规合容
(4) May sign the individual agreement with the outsourced employeeand 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）乙方权甲方违反合关条款行提出书面意见进行交涉甲方应收乙方书面意见六工作日书面形式回复乙方
(5) 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 费结算
CHAPTER FOUR THE EXPENSES AND TERM OF PAYMENT
第十条 费月民币 元
Article 11 Borrowing Fees is RMB
第十二条 乙方须月20日前甲方支付月费补偿费年终附加工资（乙方直接支付派遣员工工资须月底前甲方支付费部分）甲方收次月6日支付派遣员工工资费逾期10天1加付滞付金逾期30天甲方视情况提出索违约金____元解终止合属违约行双方办理相应手续
Article 12 Party B shall pay the monthly borrowing fee compensation fee and additional yearend bonus before 20th of each month (if the outsourced 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 outsourced 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 加班加点费计算方法：
Article 13 The Calculation Method for the Overtime Payment
工作日加点费月工资÷2175天÷8时×实际加点时间×150
Overtime on working days Monthly wage÷2175 days÷8 hrs × actual overtime×150
休息日带薪休假日加班费月工资÷2175天÷8时×实际加班时间×200
Overtime on holidays Monthly wage ÷ 2175 days ÷ 8 hrs × actual overtime × 200
法定节假日加班费月工资÷2175天 ÷ 8时×实际加班时间×300
Overtime on legal public holidays Monthly wage ÷ 2175 days ÷ 8 hrs × actual overtime × 300
第五章 争议仲裁
CHAPTER FIVE DISPUTES AND ARBITRATION
第十四条 合履行程中甲乙双方发生争议应通友协商解决协商解决提交辖权民法院处理
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（乙方）派遣员工合中关劳动纪律约定员工工资保险等劳动权利义务容发生劳动争议提起劳动争议仲裁时争议处理结果乙方（甲方）利害关系乙方参加仲裁活动权利义务
Article 15 If there is any dispute happens between the outsourced 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 outsourced 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
CHAPTER SIX MISCELLANEOUS
第十六条 甲方派遣员工提供服务容附件2中约定附件2合分割组成部分
Article 16 The services that Party A provides to outsourced employee are stipulated in Appendix 2 which is an integral part of this Contract
第十七条 合未事宜国家规定国家规定办理国家规定甲乙双方协商解决签订合附件行约定
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 合履行中中国政府新颁布法律法规规章造成合条款必须修订时均应新颁布法律法规规章准甲乙双方协商修订
Article 18 In case that any new law decree or regulation of the state is enacted or there is any modification happens in the exercising statues the parties may alter this Contract subject to the newly modified laws decrees and regulations
第十九条 合____年____月____日起生效合期满前月甲乙双方均未提出异议效期行延长延长期限合期限相
Article 19 This contract shall come into effective from And such valid period may be extended automatically as long as neither party puts forward any objection within one month before the expiration
and the extension period shall be as long as it contained herein
第二十条 合分中文英文写成种文式两份双方持中文英文份两种文具等法律效力两种文出现矛盾时中文准
Article 20 This Contract is made out in Chinese and English languages in duplicate and both texts being equally authentic Each party shall hold one original of both versions In case of any difference between the two versions Chinese shall prevail
第七章 双方约定事项
CHAPTER SEVEN OTHER ITEMS AGREED BY TWO PARTIES
第二十条 双方约定需增加容
Article 21 Other items need to be supplemented that agreed by the two parties
第二十二条 双方约定需修改删合条款
Article 22 Other provisions need to be modified or deleted that agreed by the two parties
甲方： 乙方：
Party A Party B
代表签章： 代表签章：
Authorized Rep Authorized Rep
年月日 年 月 日
dd mm yy dd mm yy
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