Commissioned Personnel Service Contract
Party A:
Party B: Beijing Foreign Enterprise Human Resources Service Co., Ltd.
(FESCO)
Party A and Party B have, through friendly consultation and in accordance with the relevant laws of the People’s Republic of China, reached an agreement whereby Party A entrusts Party B to provide personnel services with the terms and conditions as stated below:
Chapter 1 General Provisions
Article 1 Term of the contract: The term of this contract is _____ years, from to . If both parties have no difference on maturity, the contract shall extend for one year automatically, and so on so forth.
Article 2 Definitions:
1.Staff member: It refers to the employees whom Party A directly engages
and entrusts Party B to provide personnel service to.
2.Personnel service: It refers to the personnel formalities to be completed
and social security and welfare and their service provided for the staff of Party A by Party B at the request of Party A in accordance with the relevant provisions of laws and regulations of the People’s Republic of China and those of this contract.
missioned service fees: It refers to the total of various fees to be
paid to Party B by Party A according to Annex 2 for the personnel service provided by Party B as called for by the annex.
Chapter 2 Rights and Obligations of Party A
Article 3 Party A shall, in accordance with the Labor Law of the People’s Republic of China and other laws and regulations, exercise its rights independently in respect of engagement, management, dismissal of staff members, and shall independently bear the risks and liability in the process of employing staff members.
Article 4 Party A shall have the right to ask Party B to provide corresponding commissioned services and shall in return pay Party B the commissioned service fee on time as stipulated in the Annex 2: List of Services Items as entrusted by Party A and their Charges.
Article 5 In case Party B has any act in violation of the terms of this contract, Party A shall have the right to raise objection in writing, demanding Party B to fulfill its obligations hereunder, and Party B shall, within ten working days after receipt of letter of objection, give a reply in writing to Party A.
Article 6 When Party A changes the domicile of its registered office, it shall, fifteen days beforehand, notify Party B of its new domicile in writing; when Party A’s business license is altered, it shall, within fifteen days after its alteration, notify Party B in writing of the alteration.
Article 7 After Party A decides to engage a staff member, it shall issue a Notice of Commissioned Service (see Annex 1) and urge the staff member to go through the necessary formalities with Party B regarding commissioned service within 30 days upon being noticed. Party A is duty bound to ask the staff member to cooperate with Party B in completing the commissioned service formalities. If any commissioned service cannot be provided according to the contract term for reasons on the part of the staff member himself/herself, Party B shall bear no responsibility.
Article 8 After a staff member files an application for resignation with or is dismissed by Party A, Party A shall have the right to demand Party B to cooperate in completing the termination formalities for the commissioned service, subject to prior notice in writing, otherwise Party B shall take the date of receipt of the written notice as the closing day of service in calculating service fees.