The Beijing Personnel Service Corporation for Diplomatic Missions (hereinafter referred to as Party A) and the ____________________ (hereinafter referred to as Party B), on the basis of equality and mutual benefit, and through friendly consultations, have reached the following agreement on Party A dispatch Chinese employees to the employment of Party B:
Chapter One
Party A’s Obligations and Rights
Article 1 Party A shall abide by the following obligations:
1. Party A shall provide personnel management services to Party B and its Chinese employees according to law, apply security, health and personnel administration checks to the Chinese employees to be employed by Party B and submit its check results.
2. Upon receipt of necessary materials from the Chinese employees, Party A shall take the responsibility to proceed with corresponding procedures, sign the Labor Contract with the contractual employees and establish social insurance and housing provident fund for them.
3. Party A shall educate the Chinese employees to strictly abide by the Chinese laws, rules and regulations as well as Party B’s working regulations and disciplines.
4. Party A shall conduct trainings, assessment and evaluation for the Chinese employees and organize them to take part in trainings and examinations on professional titles and technician levels.
5. As entrusted by Party B, Party A shall collect and pay the full monthly remuneration to the Chinese employees, and withhold and pay individual income taxes on behalf of the employees according to law.
6. As entrusted by and on behalf of Party B, Party A shall collect and pay the social insurance, housing provident fund, and supplementary medical insurance for the contractual employees according to the wage base declared by Party B.
7. Party A shall provide consultations to Party B in terms of labor and employment policies, regulations and laws.
Article 2 Party A has the following rights:
1. Party A has the right to collect from Party B the total fees for employment of Chinese employees, and other related fees in accordance with this contract.
2. Party A has the right to request Party B to pay the Chinese employee economic and/or other compensations which he/she is entitled to according to the Labor Law and the Law of Employment Contract.
3. Party A has the right to request Party B to discharge a Chinese employee who is in violation of Chinese laws and regulations as well as rules and regulations stipulated by Party A.
4. Party A shall protect the legal rights and interests of Chinese employees; have the right to lodge a written complaint with Party B and engage in negotiations with Party B in case that Party B violates any article or item of this contract, or infringes upon the legal rights and/or interests of Chinese employees.
Chapter Two
Party B’s Obligations and Rights
Article 3 Party B shall abide by the following obligations:
1. Party B recognizes that Party A is designated by the Chinese government as the sole institution exclusively responsible for providing personnel services to Party B and the Chinese employees. Party B shall respectively pay Party A the total fees for employment of the dispatched Chinese employees, and other related fees within the agreed period and in the agreed amount.
2. Party B shall notify Party A within 15 days prior to the commencement of employment of a new Chinese employee in writing and reminds the contractual employee to submit all employment papers to and sign the Labor Service Contract with Party A and fulfill procedures relevant to the social security, supplementary medical insurance and public housing provident fund within 10 days before the employee’s work commences. In case the Chinese employee fails to pay the social security, supplementary medical insurance and housing provident fund contributions in the full amount because of Party B, Party B is liable for paying a penalty for the delay at 0.05% per day of the monthly social security contribution of the Chinese employee payable by Party B and bearing the consequences related to the delay in paying the social security, supplementary medical insurance and public housing provident fund contributions in sufficient amount.
3. Party B shall employ, manage and use its Chinese employees in compliance with the Labor Law of the People’s Republic of China; Law of the People’s Republic of China on Employment Contract, and other related laws and regulations as well as this Contract.
a) To implement the labor standards stipulated by the Chinese government (working hours and vacations and holidays) and provide corresponding working conditions and labor protection.
b) To fully pay, on a monthly basis, the total fees for employment to Party A (See Annex 2).
c) To entrust Party A to pay/directly pay the Chinese employees for their overtime work according to law; to entrust Party A to provide/directly provide the Chinese employees other relevant benefits; to entrust Party A to pay/directly pay the Chinese employees year-end bonuses according to internal policies or its agreement with the Chinese employees. Where Party B entrusts Party A to pay overtime or year-end bonuses, Party B must pay Party A the corresponding amount of fees and provide a breakdown of the fees before the 25th day of the corresponding month.
d) To discharge Chinese employees or terminate the employment contract with its Chinese employees and pay them economic compensation according to relevant laws (See Annex 1).
e) To conduct in-job training necessary to Chinese employees. Party B can entrust Party A to conduct skill training of this kind and pay fees accordingly.
f) To establish a normal total employment cost growth mechanism for its Chinese employees in light of the consecutive years of service provided by them to Party B.
4. In accordance with relevant regulations of taxation authorities and human resources and social security authorities of the Chinese government, Party B shall promptly and fully declare to Party A the contribution base of social security and public housing provident fund of the contractual employees, entrust Party A to withhold premiums of social insurance and housing provident fund contributions on behalf of taxation authorities and human resources and social security authorities of the Chinese government and pay the premiums of social insurance and housing provident fund contributions on behalf of the Chinese employees， and entrust Party A to pay personal income tax on behalf of the Chinese employees.
5. If the contribution bases of social security, public housing provident fund and supplementary medical insurance of the Chinese employees are not declared promptly and in full, or the monthly individual income tax of the Chinese employees are not declared and paid in time due to reason attributable to Party B, Party B shall be liable for any liability and fees incurred thereby.
Article 4 Party B has the following rights:
1. In light of the position requirements, Party B has the right to recruit and hire its employees by selecting from the candidates recommended by Party A and/or selecting its own candidates who shall meet the conditions on security, health and personnel management set by Party A.
2. Party B has the right to organize and manage the dispatched Chinese employees, which includes stipulating the probation period and the employment period in compliance with laws and regulations, rewarding, criticizing, admonishing or discharging a Chinese employee based on his/her work performance and so on. Party B shall notify Party A in writing of penalties to be imposed on and awards to be given to the Chinese employees at least two business days before the imposition of the penalties or giving of the awards and submit relevant evidence and materials supporting the imposition of the penalties and the giving of the awards.
3. Party B has the right to lodge a written complaint with Party A and engage in negotiations with Party A in case that Party A violates any article or item of this contract.
4. To entrust Party A to collect the remunerations of the Chinese employees on behalf of the Chinese employees, pay the said remunerations to the Chinese employees and withhold and pay individual income tax on behalf of the Chinese employees.
Chapter Three
Fees and Settlement
Article 5 Party B hereby agrees to settle the payments to Party A in the way as indicated below (See Annex 2):
Party B shall pay Party A the total fees for employment of the Chinese employees as stipulated in this contract before the date of 25th of the current month, which includes the remunerations, social insurance contributions, public housing provident fund contributions and management and service fees (supplementary medical insurance premium shall be separately paid in a lump sum on a yearly basis). Party A shall collect remuneration of the Chinese employees on behalf of the Chinese employees and pay the said remuneration to the Chinese employees, withhold and pay individual income taxes according to law, and also withhold and pay on behalf of the Chinese employees social insurance premiums and public housing provident fund contributions (Party B and the employee shall pay their own amounts respectively in the prescribed proportion).
The total employment cost for employing a permanent employee of Party A, which is also called labor costs of the permanent employee, includes the remuneration of the said employee which shall be collected on behalf of and transferred to the said employee according to relevant income distribution methods adopted by (China's) public institutions. When the remuneration, social security and public housing provident fund as well as occupational pension contributions, and other benefits to be paid by Party A for a permanent employee of Party A increase, or more than the total employment cost for employing a permanent employee paid by Party B, Party A shall be entitled to demand Party B to increase the total employment cost of the said permanent employee.
The term “contractual employee”, as used in this Contract, refers to a Chinese employee that is directly employed by Party B and has entered into a labor contract with Party A; the term “permanent employee” refers to a permanent employee of Party A that is dispatched to work for Party B.
Article 6 In case that a Chinese employee departs from his or her work (including leaving work because of being fired by the employing institution or termination of the Contract), Party B shall inform Party A in writing 45 days in advance. In case the Chinese employee resigns due to personal reason of the employee, Party B shall, within three business days after receipt of the resignation letter of the said Chinese employee, notify Party A thereof in writing, and send a copy of the resignation letter to Party A. Otherwise, the responsibility for making the extra payment of the remuneration, social security and public housing provident fund contributions as well as economic compensation because of failing to notify (Party A) one month in advance shall all be borne by Party B.
Article 7 Party B shall ensure to make the full monthly payments to Party A. If the payment is delayed, Party B shall notify Party A in writing of the reason for the delay and obtain Party A’s consent. Otherwise, Party B shall, starting from the 1st day of the next month, pay an overdue fee at the rate of 0.5% per day of the amount overdue. If the payment has been delayed for more than 30 days, Party A has the right to terminate this contract and demand for all losses hereby incurred.
Chapter Four
Breach and Dispute
Article 8 Either Party B or Party A, if violating the terms of this contract on the probationary period, duration of employment, payment of remuneration, establishment of social insurance and housing provident fund, discharge and economic compensations and so on, shall undertake its corresponding liability of compensation in accordance with relevant provisions stipulated in the Law of the People’s Republic of China on Employment Contract.
Article 9 Any dispute that arises between the two parties in the implementation of this Contract shall be resolved through friendly consultations. Any labor dispute that arises between Party B and the Chinese employees shall be resolved through mutual consultations or mediation applied by Party A in a manner consistent with Chinese laws and regulations. If the dispute cannot be settled by negotiation or mediation, the Chinese employees can request arbitration or litigation to Party A. If so, Party B shall provide relevant information and evidence. For any loss of lawsuit on the part of Part A as a result of Part B’s faults or mistakes, Party B shall assume relevant liability of economic compensation.
Chapter Five
Supplementary Provisions
Article 10 This contract shall not apply to a Chinese employee that has reached the retirement age and is receiving basic endowment pension benefits. If Party B employs such a Chinese employee, Party A and Party B shall separately sign an Agreement on Employing Retired Chinese Employees with the said Chinese employee to separately agree on other related issues.
Article 11 This contract shall also apply to the Chinese employees who are hired by staff members of Party B as private servants. The staff member may also sign with Party A an additional agreement based on this contract.
Article 12 This contract is subject to the laws of the People’s Republic of China. Issues uncovered herein shall be settled in compliance with the Chinese laws and regulations.
Article 13 If any article of this contract shall conflict with new laws or regulations promulgated by the Chinese government or written judgment by the Chinese judicial department during the term of this contract, the new laws or regulations and the Chinese judicial judgment shall take precedence. In this circumstance, Party B and Party A will engage in consultations regarding the implementation of the new law or regulation or judgment by the Chinese judicial department.
Article 14 Valid from ______________ (d/m/201_) to _______________(d/m/201_), this contract shall remain in force for_____years (A). If Party B or Party A does not propose any objection thirty days before the expiry, this contract shall be automatically renewed. The term of renewal shall be the same as that of this contract. Thereafter the contract, subject to the aforementioned terms and conditions, shall be automatically renewed for successive periods of _____ years (same as A） each unless objected to by either party 30 days prior to the date for such renewal.
Article 15 Done in duplicate in the Chinese and English, both texts being equally authentic and with each party holding one copy, this contract is signed and affixed with stamps on the__________(d/m/201_) in Beijing, the People’s Republic of China.
Beijing Personnel Service Corporation for Diplomatic Missions
Representative:
Date (d/m/y):
Foreign embassy/institution in Beijing
__________________________________
Representative:
Date (d/m/y):
Annex 1
The Beijing Personnel Service Corporation for Diplomatic Missions (known as Party A) and the ________________________ (known as Party B), through friendly consultations, have reached the following agreement as an annex to the Labor Service Contract on Dispatch and Employment of Chinese Employees signed on ________________(d/m/201__) by Party B and Party A, on the conditions for signing the Employment Agreement, discharge, economic compensation of the Chinese employees, as well as other matters such as sickness, injury, maternity, work-related injury and so on. The details are shown below:
1. To clarify the rights and obligations of both sides and regulate their conducts respectively, Party B and its Chinese employees sign an Employment Agreement that has a fixed term of more than 2yearsor an open-ended Employment Agreement, which provides for the probation period and duration of service, job content, labor protection and working conditions, remuneration and insurance and other welfare benefits, labor disciplines and liabilities for breach of this contract of the Chinese employees; A copy of the Agreement shall be sent to Party A for its record-keeping; Party B shall notify Party A five business days in advance in written form of any changes related to the job position and remuneration etc.
2. Party B shall not discharge a Chinese employee if he/she is in any of the following circumstances (unless otherwise specified in Article 3 of this annex):
a) Is engaged in operation exposing him/her to hazards of occupational disease and has not undergone a pre-departure occupational health check-up, or being suspected of having contracted an occupational disease and being diagnosed or under medical observation;
b) Has been confirmed as having lost or partially lost his/her capacity to work due to an occupational disease or work-related injuries;
c) Receives medical treatment for diseases or non-work related injuries within the prescribed period of medical care;
d) Is a female employee during her pregnant, puerperal, or nursing period;
e) Has been working for Party B consecutively for no less than 15 years and has less than five years left prior to his/her legal retirement age.
f)Where Party A has signed or shall sign an open-ended labor contract with the Chinese employees as required by Party B or according to relevant laws and regulations of China, Party B may dismiss relevant Chinese employees only under the premise that Party B has reached an agreement through consultation with Party A and the said Chinese employees.
g) Is in other circumstances denying discharge as stipulated in laws or administrative regulations.
3. Party B may discharge a Chinese employee under any of the following circumstances:
a) The employee is proved during the probation period not to satisfy the conditions for employment (if the duration of service exceeds three months but no more than one year, the probation period may not exceed one month; if the duration of service is more than one year and less than three years, the probation period may not exceed two months; if the duration of service is more than three years, the probation period may not exceed six months; and the probation period is included in the duration of service).
b) The employee materially breaches Party B’s labor rules and regulations. But the labor rules and regulations shall be in compliance with laws and legal provisions, and have already been publicized to and acknowledged by the Chinese employees.
c) The employee commits serious dereliction of duty or engages in malpractices, causing substantial losses to Party B.
d) The employee has his/her criminal liability pursued according to law.
Party B shall notify Party A and the employee in written form of the discharge. Meanwhile, Party B shall provide Party A with the evidence for the discharge. When the Chinese employees object to Party B’s decision to dismiss the said Chinese employees and file a labor dispute arbitration claim or lawsuit against the dismissal, Party B must cooperate with Party A to provide basis and evidence in relation to the dismissal. If the evidence and basis provided by Party B in relation to the dismissal are not deemed as legal basis for the dismissal by China's laws, China's relevant labor dispute arbitration committee and China's court, Party B shall be liable for making corresponding economic compensation (including without limitation the relevant salary, social insurance premium, economic compensation or indemnification, payable to the said Chinese employee during the period when the employment relationship between Party A and the Chinese employees exists.)
4. Under any of the following circumstances, Party B may discharge an employee or terminate the employment of an employee, but Party B shall give Party A and the employee a written notice 30 days in advance, or additionally pay one month’s full amount of fees/ remuneration for employment of such employee:
a) After the prescribed period of medical care for an illness or non-work related injury, the employee is still incapable of engaging in his/her original job, nor can he/she engage in the job otherwise arranged by Party B.
b) The employee is incompetent and remains incompetent after training or adjustment of his/her job position.
c) The objective circumstance has altered significantly, on which the conclusion of the employment of a Chinese employee is based , which results in that the employment agreement is unable to be performed, and no agreement is reached on amending the employment agreement after consultations between the Party B and the employee.
d) Party B declares to close down or is to be withdrawn.
5. Under any of the following circumstances, Party B shall pay the Chinese employee economic and/or other compensation through Party A:
a) The employee resigns or terminates his/her service with Party B due to Party B’s activities violating laws or infringing the contract (e.g. failing to pay social insurance fees according to law, failing to pay full amount of remuneration on time, or failing to provide labor protection and/or working conditions as agreed etc.).
b) Party B terminates the employment contract after consultations with the Chinese employee.
c) Party B discharges an employee or terminates the employment contract in accordance with Article 4 in this annex.
d) The term of the employment contract between Party B and the Chinese employees expires and Party B ends the employment according to the term of the employment contract, except to the extent that the Chinese employee disagrees to renew the contract notwithstanding that Party B would like to renew the employment contract and offer terms which are the same or better than those conditions stipulated in the current contract.
e) Other cases stipulated by laws or administrative decrees.
6. The payment of economic compensation to the Chinese employee shall be based on the following standards:
Party B shall pay economic compensation on the basis of the Chinese employee’s years of service with Party B at the rate of his/her monthly salary for every full year of service. Any service length of more than six months but less than one year shall be counted as one year; for any service length of less than six months, the economic compensation payable to the Chinese employee shall be half of his/her monthly salary (the salary of the Chinese employee refers to the average salary of the twelve months prior to the dismissal or termination of the employment).If the employee's length of service is less than one year, the compensation shall be the product of the average monthly salary and the number of months of service of the employee before he/she is dismissed or his/her employment contract is terminated.
For the Chinese employee whose salary is three times higher than the average monthly salary of employees in Beijing in the previous year, the economic compensation payable to the employee shall be at the rate of three times the average monthly salary of employees’ and the countable length of service for economic compensation shall not exceed twelve years.
The above-mentioned method shall apply to the calculation of compensation in relation to length of services that are provided after January 1st, 2008. Compensation for services that are provided before January 1st, 2008 shall be calculated according to relevant provisions of the Method for Providing Economic Compensation for Breaching and Rescinding Labor Contract. In case that some services have been provided in both of the above-mentioned periods, the relevant length of services shall be combined when calculating the compensation.
For a sick or non-work-related injured Chinese employee, in addition to the above-mentioned lump-sum compensation, Party B shall pay him/her medical care subsidies no less than the amount of salaries of six months. Moreover, Party B shall pay an additional amount of 50% of his/her medical treatment subsidies to seriously ill employee, and pay an additional amount of 100% of his/her medical care subsidies in case he/she has fatal disease.
7. The Chinese employee shall provide medical certificates by the doctor or expert in case of leave for his/her sickness, injury, maternity or work-related injury.
Party B shall give the Chinese employee a period of medical treatment of 3 to 24 months in accordance with his/her actual working years and length of service for Party B, if he/she has to terminate work for medical treatment due to illness or non work-related injury:
a) If the actual years of work are less than 10 years while the length of service for Party B is less than five years, he/she is entitled to leaves of three months; if the length of service for Party B is more than five years, he/she is entitled to six months.
b) In case the actual time of work is more than 10 years and length of service for Party B is less than five years, he/she is entitled to six months of medical care leave; in case of length of service for Party B is more than five years and less than 10 years, he/she is entitled to 9 months’ medical care leave; in case of more than 10 years and less than 15 years, he/she is entitle of 12 months; in case of more than 15 years and less than 20 years of length of service, he/she is entitled to 18 months; and in case of more than 20 years, 24 months.
During the aforesaid medical care period, Party B shall pay salary and total employment costs during the sick leave (specific amounts thereof shall be determined by Party A and Party B through negotiation according to relevant laws and Party B’s internal rules).
The payment for female employees in maternity leave shall be made in compliance with relevant provisions of the Provisions on Childbirth Insurance for Corporation Employees in Beijing Municipality and the Beijing Municipal Population and Family Planning Regulations.
In case the Chinese employees are ill, injured or killed at work, Party A shall be responsible for reporting the situation to the insurance institution of work injuries for the employees to receive work injury insurance coverage. In addition to the work injury coverage paid by the insurance institution for work injuries, Party B shall be responsible for paying work injury benefits as an employer according to the Regulations on Work-Related Injury Insurance of the People’s Republic of China and relevant regulations of the municipal government of Beijing. In case a Chinese employee has to stop working temporarily for medical treatment due to work-related injury or occupational disease, he/she is entitled to a sick leave with full payment (generally no more than 12 months but can be extended to no more than 24 months in case of serious work-related injury or occupational disease). The benefits such as salary paid during the period when the employee is absent from work,, medical care expenses and medical care for work-related injuries; one-time subsidy for medical care of work-related injuries; employment subsidy for total or partial loss of working ability because of work related injury or disability; and subsidy and consolation pay for work-related death, shall be made by Party B in accordance with Regulations of the People’s Republic of China on Work-Related Injury Insurance and the Measures of Beijing Concerning the Implementation of the Regulations of Work-related Injuries.
In case any above described medical care, childbirth or work-related injury should happen to a Chinese employee, Party B shall offer help to Party A by providing relevant supporting documents.
Beijing Personnel Service Corporation for Diplomatic Missions
Representative:
Date (d/m/y):
Foreign embassy/institution in Beijing
__________________________________
Representative:
Date (d/m/y):
Annex 2
The breakdown of total employment costs (RMB/month) for Chinese employees dispatched to work for foreign embassies is as follows:
|
Name |
Description /type of work |
Remuneration before tax |
Social insurance premiums and housing provident fund contributions |
Management and service fee |
Total employment cost |
Employment Period |
|
|
Contribution by Employer |
Contribution by Employee |
||||||
|
|
Contractual employee |
|
|
|
|
|
|
|
|
Permanent employee |
/
|
|
|
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- The total employment cost refers to the total expenditure which is incurred by Party B to engage the Chinese employees and shall be paid to Party A.
- Party B and the contractual employees shall pay social insurance premiums and public housing provident fund contributions in proportions as agreed.
- Supplementary medical insurance premiums shall be annually paid by Party B in a lump sum and adjusted every July 1st.
- The contribution base of social insurance and public housing provident fund shall be adjusted at the time specified by relevant regulations of human resources and social security authorities.
Beijing Personnel Service Corporation for Diplomatic Missions
Representative:
Date (d/m/y):
Foreign embassy/institution in Beijing
__________________________________
Representative:
Date (d/m/y):
事业单位公开招聘
