Foreign labor contract
(ContractNo.:)
Full name of Party A: XX Foreign Economic and Trade Co., Ltd.
Representative of Party A:
Name of Party B:
Sex:
Date of birth:
Passport number:
ID number:
Home address:
Salary account: XX Sub-branch of China Construction Bank.
Salary account number:
Party C has full authority 2 & China XX Construction Group (Ma) Co., Ltd. Bagong 2 & amp3 Bid Project Management Department.
Representative of Party C:
According to the Labor Law of People's Republic of China (PRC) and supporting laws and regulations, in order to protect the legitimate rights and interests of Party A, Party B and Party C, Party A, Party B and Party C voluntarily sign this Labor Contract through equal consultation. Party A explained to Party B Party C's employment requirements, work contents, working hours, labor remuneration, working conditions, occupational hazards and their consequences, social insurance, rules and regulations, etc. Party B has carefully read this contract and agrees to implement it in accordance with the relevant regulations of Party A and Party C. ..
I. Term of Labor Contract and Work Place
Term of the contract: Party B is willing to work for 20 months from …. If the contract needs to be renewed, the three parties will negotiate separately.
Work place of the Contract: the construction site of Bagong Hydropower Station in Sarawak, Malaysia.
Monetary unit of this contract: RMB. The exchange rate is fixed at RM 65438 +0 to RMB 2. 15.
Second, the production (work) task
1. According to the production (work) needs of Party C, Party A arranges Party B to work in Bagong, Malaysia, which belongs to Party C. ..
2. The specific work of Party B shall be arranged by Party C. ..
3. Party B agrees and obeys the post, type of work and work arranged by Party C; Party C may adjust Party B's post and work content.
4. Party B must complete the specified production (work) tasks with good quality and quantity according to Party C's requirements for the production (work) responsibility system of this post.
Three. Production (working) conditions
1. Party C is responsible for educating and training Party B on safety production and various rules and regulations.
2. Party C shall implement the national labor safety and health regulations and standards to ensure the safety and health of Party B during the labor process.
3. In the process of labor, Party B must strictly abide by the safety operation rules and various labor safety and health rules and regulations formulated by Party C, and has the responsibility to ensure safety in production.
Four. Responsibility of all parties
Party A's responsibilities:
1. Party A shall be responsible for Party B's physical examination, passport, visa and other related procedures, and bear the corresponding expenses.
2. The laborers (Party B) provided by Party A to Party C shall meet the following conditions:
1) For the male 18-45 years old, skilled in tools, with junior high school education or above, mechanical operators and managers with senior high school education or above, and in good health (qualified in physical examination), Party B's professional and technical ability shall meet the requirements of Party C as far as possible.
2) Party A must arrange and organize Party B to take part in health examination and exit training, and obtain the Certificate of Labor Training (Apprenticeship) for Expatriate Service, which is valid for three years. If the health examination or training fails, the expenses shall be borne by Party B..
3) Party A must guarantee to Party C that Party B's working time in Malaysia is not less than 1 year.
3. For every 100 laborers, Party A must provide 1 site management personnel. The management personnel of Party A shall cooperate with Party C to manage the work site of Party B and be responsible for the management after Party B leaves the work site.
4. Party A is responsible for Party B's logistics support and management. Party A shall provide chefs according to the standards of 100 people and 1 chef. The chef's salary shall be borne by Party A, and the entry and exit expenses and license fees of China chefs shall be borne by Party C. Party A shall provide Party B with meals according to reasonable standards, and the meal expenses shall be borne by Party B. If Party A's poor management of the canteen causes adverse consequences, Party C has the right to intervene until the management right of the canteen is recovered, and all losses arising therefrom shall be borne by Party A..
5. Party A guarantees to Party C that the procedures handled by Party B must conform to the relevant national regulations.
6. The management personnel sent by Party A to Party C's site must be resident at the site. If it is necessary to leave or change, it is necessary to obtain the consent of Party C and bear the relevant expenses, otherwise it will be deducted by 5000RM/ time, and Party A will be responsible for the losses caused thereby.
Party B's responsibilities:
1. Party B must attend the safety training in Malaysia and obtain the training certificate, otherwise, the losses caused thereby shall be borne by Party B. ..
2. When Party B works in Malaysia, if he is repatriated or applies for repatriation for his own reasons, all expenses shall be borne by Party B. Party B can only return to China after paying Party C's work permit, safety permit, insurance fees and other related expenses and transportation expenses to Malaysia, and his round-trip air ticket shall be borne by Party B. ..
3. After Party B arrives in Malaysia, he shall hand over his passport, work permit and other documents to Party C for safekeeping. If Party B returns to China, it needs to inform Party C one month in advance and get Party C's consent before taking his passport back to China.
4. Party B shall accept the unified management of Party A and Party C during his stay in Malaysia.
5. Party B shall strictly implement the construction technology of Party C and correctly operate the construction equipment and tools. If there is a man-made quality accident in Party B's work, Party C will deduct a certain number of working hours to punish Party B after analyzing and evaluating the quality accident according to the relevant quality management regulations, and will investigate Party B's responsibility if the circumstances are serious.
6. Party B shall strictly abide by Party C's relevant safety standards, operating procedures and relevant safety management regulations. If Party B violates relevant site safety standards, operating procedures and relevant safety management regulations, Party C will punish Party B for withholding certain working hours according to relevant safety management regulations, and if the circumstances are serious, Party B will be held accountable according to relevant laws and regulations.
7. During working in Malaysia, Party B shall not do anything that damages the image of China people, and consciously abide by local laws and regulations, otherwise Party B shall be responsible for the consequences arising therefrom and bear all expenses.
Party C's responsibilities:
1. Party C shall assist Party A in handling the normal entry and exit of Party B, and the transportation expenses for entry and exit shall be borne by Party C. If Party B is prevented from entering the country by Royal Malaysian Customs and sent back to China after arriving at Malaysia airport, the transportation expenses incurred shall be borne by Party C. After Party B has worked continuously at Bagong site in Malaysia for 24 months, Party C will arrange for Party B to return to China to visit relatives and bear the transportation expenses according to the production needs. Transportation expenses refer to the travel expenses and accommodation expenses (if any) from Changsha to Party A's workplace.
2. Party C shall be responsible for organizing Party B to participate in local safety training, and bear the work permit fees and safety training fees of qualified personnel.
3. Party C shall provide Party B with corresponding accommodation and other conditions;
1) Accommodation rooms with live electricity and ceiling fans. Accommodation standard is 8 bunk beds or 7x2 container rooms;
2) The canteen with complete water and electricity facilities and other canteen utensils shall be borne by Party A;
3) transport to the construction site;
4) Provide the same safety protection articles and labor protection articles as regular employees;
5) One set of bedding for each person;
6) On-site communication: provide two mobile phone numbers and 1 walkie-talkie, and the telephone charges shall be borne by Party A. ..
4. Party C is responsible for Party B's work arrangement and management at the work site. If Party B disobeys Party A's reasonable arrangement or has a bad working attitude, Party C may take warning, deduct working hours and fine until Party B is dismissed after consultation with Party A. The dismissed Party B shall not return to China before paying the work permit, safety permit, insurance premium and other related expenses. Party C shall handle the transportation expenses to Malaysia (calculated in proportion to the actual working hours of labor services), and Party B shall bear the round-trip air tickets. ..
5. Party C shall designate a special person to sign the daily attendance record of Party B and conduct on-site assessment, and be responsible for the accounting and payment of labor fees.
Verb (abbreviation of verb) payment method of labor remuneration
1. Unit price of hourly workers: RM 6/working hours from Monday to Saturday, and the time is calculated according to the actual working hours of Party B; Those who work more than ten hours a day are regarded as overtime; If overtime is calculated according to actual working hours, the unit price of working hours should be RM 9/ working hours. Work on Sundays or other holidays (65,438+00 days, national holidays in China) shall be counted as overtime, and the time shall be calculated according to the actual working time of Party B on that day, and the unit price of working time shall be RM 65,438+02/working hour. Party C shall make timely settlement for Party B's laborers every month, and the settlement time shall be consistent with the internal settlement time of Party C. Party C shall pay RMB 600 yuan/person to Party B's laborers in the workplace every month, and the remaining RMB salary shall be paid to Party B's laborers in the above salary account in time by Party C. The time for Party C to pay the wages of Party B's workers shall not be delayed for 3 months. If it is more than 3 months, Party C shall pay 0.5% of the monthly salary of Party B's workers as monthly interest.
2. Unit price of workers in irregular working hours: RM 65,438+0,400/month (pump worker, generator worker, kitchen helper in canteen, etc. ), the working time is 1.2 hours/day. Its daily wage standard is monthly wage /30.5 days.
3. If Party B's working ability is outstanding, Party C can promote Party B as foreman and foreman according to the actual needs of project site construction organization and management. Specific matters shall be negotiated by Party A, Party B and Party C separately.
4. Calculation of working hours: It is calculated according to the time when the worker arrives at the work place to carry out the designated work until he stops working, but does not include the meal and rest time. If it rains before going to work in the morning, Party A can inform Party B not to go to work before 7 o'clock, and Party A will not bear the lost time caused by this. If it rains during work and the whole class can't work, it will be calculated as 4 hours per person, and if it exceeds 4 hours, it will be calculated as the actual working hours.
Intransitive verb labor insurance and welfare
1. The longest medical treatment period for Party B's illness or non-work-related injury is one month. During the medical shutdown, Party C shall pay the sick leave allowance of 9.5 yuan RMB per day according to the hospital diagnosis certificate. If it exceeds 1 month, and it is proved by Mindulu Hospital that Party B is not qualified to work in Malaysia, Party A shall be responsible for sending Party B back to China, and Party C shall provide air tickets to Changsha, and other expenses and subsequent expenses shall be borne by Party A.. The losses caused to Party C by handling the work permit shall be shared by Party C according to the number of months worked by Party B and deducted from Party B's salary.
2. Party B enjoys the same labor protection treatment for on-site operation as the formal employees of Party C, and enjoys the right to participate in Party C's advanced selection according to the proportion of personnel. The reward amount of advanced personnel is the same as that of Party C's regular employees.
3. Party C shall provide Party B with a personal accident insurance with a maximum insured amount of RMB 200,000 (in words: two hundred thousand yuan only), and the insurance beneficiary shall be the insured. If Party B suffers work-related injuries or personal accidents during the insurance period, Party C shall be responsible for claiming compensation from the insurance company, and the rest of the compensation after deducting the medical expenses and other related expenses incurred by Party C shall be given to Party B or his relatives. Party A and Party C will no longer bear all other expenses.
If Party B is proved by the hospital to be unable to continue working due to work-related injuries, during the treatment period, Party C shall pay his sick pay according to the monthly standard of 1 152 yuan. If you still can't work for more than three months, Party A shall be responsible for sending Party B back to China, and Party C shall provide air tickets for returning to Changsha.
During the contract period, if the laborer dies due to illness or accident, Party A shall assist Party C to dispose of the remains according to the relevant laws of the host country. In case of cremation, Party A is responsible for entrusting the ashes and relics to Party B's family and assisting them to deal with the aftermath.
4. Party B's working hours for three consecutive months shall not be less than 576 hours. If the cumulative working hours of Party B for three consecutive months are less than 576 hours due to Party C's reasons, Party C will pay Party B a guaranteed salary of RMB 65,438+065,438+052 per person per month on the premise that Party B obeys other work arrangements of Party C. If Party B is unable to work due to its own reasons, the working hours and the corresponding guaranteed salary due to its own reasons shall be deducted when calculating the working hours and guaranteed salary.
5. When the contract expires, the three parties agree to extend it on the spot. After Party B has worked for Party C continuously for 24 months in Bagong, Malaysia, he can apply for home leave and submit it to Party C for approval. Party C will arrange Party B's vacation according to the on-site production task, and Party B must unconditionally obey Party C's arrangement .. Party C will be responsible for Party B's travel expenses (from the construction site to Changsha).
Seven, labor discipline
1. Party C shall establish and improve rules and regulations and implement them according to law.
2. Party B must abide by laws, regulations, labor discipline and rules and regulations formulated by Party C according to law.
3. Party C has the right to reward and punish Party B according to laws, regulations and rules.
4. During the performance of the contract, Party B must obey the reasonable work arrangements of Party A and Party C, and shall not engage in any form of slackness or strike, otherwise it will be treated as breach of contract.
5. When Party B takes a vacation on site due to business needs, it must ask Party C for leave in advance and obtain permission before taking a vacation. The monthly leave shall not exceed 4 days, and cannot be accumulated.
6. Under the following circumstances, Party C has the right to impose fines, warnings and other penalties on Party B's laborers:
Late arrival/early departure: less than half an hour is counted as half an hour, and more than half an hour is counted as 1 hour. Those who are late for more than 2 hours are not entitled to overtime on the same day, and working hours are counted as actual working hours.
Warning: Give a written warning every time, deduct 4 hours of working hours on the same day, and do not enjoy overtime hours on the same day. If he is warned for more than three times (including three times) in the month, one day's salary (8 hours) will be deducted, and Party C has the right to dismiss, and all expenses incurred will be borne by Party B. ..
Shutdown: the minimum shutdown time is 1 day and the maximum shutdown time is 3 days. Every time there is a shutdown, there will be no working hours for a few days announced on the same day. If the company stops work for more than 2 times (including 2 times) in the month, one day's salary (8 hours) will be deducted, and Party C has the right to dismiss, and all expenses arising therefrom will be borne by Party B. ..
Absenteeism: those who are late/leave early for more than 4 hours and fail to inform Party C in time are deemed to be absent from work all day and have no working hours. If you are absent from work for more than 5 days (including 5 days) in that month, you will be deducted one day's salary (8 hours), and at the same time, Party C has the right to dismiss, and all expenses incurred will be borne by Party B. ..
For those who are punished for the above reasons (or supplemented with relevant regulations in the future), Party C will not promise their guaranteed wages until the monthly salary penalty is zero.
Eight. Termination, alteration, renewal and dissolution of the labor contract
1. The labor contract shall be terminated upon the expiration of its term or the occurrence of termination conditions agreed by the three parties.
2. During the validity period of this labor contract, due to major changes in production and operation, Party A, Party B and Party C can change the relevant contents of the contract or terminate the labor contract through consultation. ..
3. When the termination period of this Labor Contract approaches, Party A, Party B and Party C shall renew the Labor Contract through consultation within 30 days before the expiration of the Contract.
4. Party A and Party C may terminate the Labor Contract in case of any of the following circumstances of Party B:
1) proves that the employment conditions are not met during the use period;
2) Party B seriously violates labor discipline or rules and regulations formulated by Party A and Party C according to law;
3) Disobeying the work arrangement of Party A and Party C or evading the work arrangement of Party A and Party C for various reasons;
4) Revealing the business secrets of Party A and Party C, resulting in significant impact or economic loss;
5) Engaging in a second job on the grounds of illness, personal leave, work injury, long vacation, etc. During the contract period;
6) Being dismissed, removed from the list, expelled, reeducated through labor, and being investigated for criminal responsibility according to law (the labor contract is dissolved by itself).
5. Under any of the following circumstances, Party A and Party C may terminate the labor contract, but they shall notify Party B in writing seven days in advance:
1) Party B suffers from illness or non-work-related injury, and is still unable to engage in this job or other jobs arranged by Party C after the medical treatment expires;
2) Unable to do the job, unable to do the job after training and examination, or unable to do the job after adjustment or disobedience by Party C;
3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed, and Party A, Party B and Party C cannot reach an agreement on changing the labor contract through negotiation;
4) The labor contract can be dissolved according to laws and administrative regulations.
6. Under any of the following circumstances, Party A and Party C shall not terminate the Labor Contract:
1) is sick or injured at work, and is within the prescribed medical treatment period;
2) Other circumstances stipulated by national laws and administrative regulations.
7. Party B shall notify Party A and Party C in writing 30 days in advance to terminate the labor contract, but in any of the following circumstances, Party B may notify Party A and Party C to terminate the labor contract at any time:
1) Party A or Party C forces labor by means of violence, threat or illegal restriction of personal freedom;
2) Party C fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
Nine. Other contents agreed by Party A, Party B and Party C through consultation.
1. Party B must pay a performance bond of 1000 yuan to Party C. If Party B fails to pay the deposit, Party C will deduct 100 yuan/month from Party B's monthly income until it is fully deducted. After the expiration of the contract, Party C shall return the full amount of the performance bond to Party B without interest within 10 days after the expiration of the contract.
2. If Party B terminates the labor contract in breach of contract, Party B shall bear all losses (such as Party A's going abroad for medical examination, training, visa, entry and exit fees, work permit fees and related expenses, personal income tax guarantee and other losses. ) and repatriate it.
3. Party A shall provide Party B with ideological and moral education and skills training before going abroad, and Party C shall provide Party B with professional and technical training and induction education on labor discipline, safety production, legal system, professional ethics and other rules and regulations before taking up the post;
4. During the term of this contract, without the consent of Party A and Party C, Party B shall not sign a labor contract with other employers, otherwise it shall be handled according to the above-mentioned Articles 9 and 2.
5. Party A and Party C have the right to deduct any money owed by Party B from the income due to Party B.. If it is still insufficient, Party A and Party C have the right to pursue it through law.
6. Party C has the right to settle the work of Party B according to the actual situation of the future construction site and the completed quantities, so as to ensure that the projects undertaken by Party C are completed on time, avoid the phenomenon of slacking, and encourage active workers to get more for more work. After Party A, Party B and Party C sign relevant agreements through consultation, the three parties shall settle accounts according to the quantified standard after negotiation, that is, the unit price of engineering quantity, and the relevant terms of working hours and unit price are no longer applicable.
X. Liability for breach of labor contract
Anyone who violates the provisions of this contract shall not only bear legal responsibilities according to law, but also make economic compensation according to responsibilities and economic losses and relevant rules and regulations.
XI。 Handling of labor disputes
In case of any labor dispute arising from the performance of this Contract, the parties may apply to the Labor Dispute Mediation Committee of this unit for mediation; If mediation fails, the parties can submit it to arbitration in Changsha, and the arbitration result is binding on all three parties.
Twelve. others
1. The rules and regulations formulated by Party C according to law are annexes to this contract.
2. Matters not covered in this contract shall be implemented in accordance with national laws, regulations and relevant policies.
3. This contract is made in triplicate, with Party A, Party B and Party C holding one copy respectively. Party A, Party B and Party C shall take effect after signing and sealing the Contract until the Contract is fulfilled and paid.
Party A:
Party B:
Party C:
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