《劳务合同》附件一劳务派遣协议(2013-A版)甲方:(以下简称“甲方”)乙方:_______________________________(以下简称“乙方”)《甲、乙双方根据[ ]年[ ]月[ ]日签署的《劳务合同》,依照《中华人民共和国劳动合同法》等法律、法规,就乙方使用甲方员工等具体事宜,经友好协商,达成本协议。
一、本协议是《劳务合同》的重要组成部分,与《劳务合同》具有同等法律效力。
二、乙方使用甲方员工的具体名单、起始日期、费用总额等具体事宜,相关内容应列于附表1、2,并以附表1、2所列内容为准。
三、本协议附表所载甲方员工被派遣在乙方的期限为[ ]个月。
Labor Service Contract Attachment 1 Labor Dispatch Agreement (2013-A) Party A: .(hereinafter referred to as “Party A”)Party B:_______________________________ (hereinafter referred to as “Party B”)Both parties, according to the Labor Service Contract signed on [] and in accordance with Labor Contract Law of the People’s Republic of China and other laws and regulations, reach this Agreement through friendly consultation, on details regarding that Party B accepts labor service by Party A’s staff.Article 1This Agreement constitutes an important part of the Labor Service Contract and has the same legal effect as the Labor Service Contract.Article 2Relevant contents on details including the name list, the starting date and the expiring date of the dispatch term, the total sum of fees for Party A’s staff serving Party B shall be listed in Appendix 1 and Appendix 2. And the contents listed in Appendix 1 and Appendix 2 shall prevail.Article 3The dispatch term shall be [ ] months, during which Party A’s staff as listed in the Appendix are dispatched to Party B.派遣期限届满,乙方工作岗位实际需要继续使用该甲方员工的,且未书面通知甲方终止派遣的,派遣期限可以顺延[ ]个月,并依此类推,但派遣期限最长不应超过甲方与甲方员工签订的劳动合同期限。
如果劳动合同期满续延的,则自续延开始之日起,派遣期限依本款前述约定的续延期限重新起算,自动续延。
并以此类推。
四、甲方员工的退回,及与退回相关的一切事宜,仍按照《劳务合同》的约定执行。
五、为本协议约定之派遣期限,甲乙双方特此约定:乙方退回甲方员工的,除应按《劳务合同》约定执行外,在甲方与甲方员工的劳动合同剩余期限内,乙方仍应按照《劳务合同》及其附件的约定承担其相应应承担的全部义务,包括但不限于按月向甲方支付管理费,承担工伤责任等,并且应按月向甲方支付甲方依法应承担的甲方员工无工作期间的报酬。
前述乙方义务,应一直履行,直至甲方与甲方员工的劳动合同期满可以终止,或者甲方员工被在派遣至其他用工单位;劳动合同期满,甲方员工有《劳务合同》第三章10.3和10.4约定的情形的,乙方仍应继续履行本条义务直至前If Party B intends to continue to employ such staff, and Party B has not notified Party A to terminate dispatching, the dispatch term may be extended for [ ] months and so forth. However, in no case shall the extended dispatch term exceed the term of the labor contract signed by and between Party A and Party A’s staff. If labor contract extends itself upon expiration, the dispatch term shall be automatically recommenced in line with the extended period in this paragraph of this article and so forth.Article 4The return of Party A’s staff and relevant issues related shall be implemented in accordance with the Labor Service ContractArticle 5For the dispatch term agreed in the Agreement, both parties hereby agree that in addition to the terms agreed in Labor Service Contract, Party B shall bear relevant liabilities which shall be borne by Party B according to Labor Service Contract and its Attachments including but not limited to the payment of management fee to Party A on a monthly basis and the bearing of industrial injury liabilities in the remained labor contract term of Party A’s staff in case Party B returns Party A’s staff and Party B shall pay labor remuneration to Party A for Party A’s staff on a monthly basis which shall be born by Party A according to Law during the period that Party A has no job. The said liabilities of Party B shall be continuously performed until the labor contract between Party A and Party A’s staff can be terminated upon the expiration of the Labor Contract or the Party A’s staff is redispatched to other述情形消失。
六、《劳务合同》和其所有附件,包括但不限于本协议和本协议所有附表,确定的任何费用,如需向甲方支付的,除另有约定外,均应以每月二十日前甲方标准格式统一打印的《付款通知书》为当月的结算依据;乙方应在每月月底前足额向甲方支付。
七、甲方有权根据政府规定,随时调整社会保险和住房公积金的缴费基数和比例;并有权根据政府规定增收或补收社会保险和住房公积金费用。
甲方对协议的前述变更,不属于违约。
甲、乙双方理解并且同意:如因国家和/或地方就《劳动合同法》有规范性文件实施的,甲方有权要求乙方根据前述规范性文件相应变更本协议和/或《劳务合同》,乙方愿意根据甲方的要求作相应的变更。
companies In any of the circumstances as specified in Article 10.3 and 10.4 of Chapter 3 of the Labor Service Contract, Party B shall continue to perform all liabilities stipulated in this Article till the disappearance of the above said situations.Article 6Any cost, determined by the Labor Service Contract and all attachments thereof, including but not limited to this Agreement and all Appendixes hereof, which is payable to Party A, unless stipulated otherwise, shall be settled in accordance with the Payment Notice which is issued before the 20th day of each month and printed in the standard form of Party A; Party B shall make full payment to Party A before the end of each month.Article 7Party A according to governmental provisions shall have the right to adjust the base and proportion of payment for social insurance and accumulated housing fund at any time; and according to governmental provisions shall have the right to exercise additional or complementary collection of payment for social insurance and accumulated housing fund. Such adjustment made by Party A to the Agreement shall not constitute any breach of contract.Both Party A and Party B understand and accept that in case any statutory document relating to Labor Contract Law stipulated by the State and or local authority implements, Party A shall have the right to require Party B to modify the Agreement and/or Labor Service Contract accordingly and Party B is willing to modify the Agreement and Labor Service八、本协议的任何一方违反本协议的任何约定,导致另一方遭受任何损失、处罚、索赔的,均应由违约方在未违约方提出要求时向未违约方作出足额补偿。