AGREEMENT FOR DISPATCHING TEMPORARY WORKERS Between 由 Party A: a hotel (hereinafter designated as the PARTY A) 甲方：某酒店 (以下简称：甲方) And 和 Party B: service company Ltd (hereinafter designated as the PARTY B) 乙方：某服务公司 (以下AGREEMENT FOR DISPATCHING TEMPORARY WORKERS
Party A: a hotel (hereinafter designated as the “PARTY A”)
Party B: service company Ltd (hereinafter designated as the “PARTY B”)
乙方：某服务公司 (以下简称：PARTY B)
After a full discussion and a friendly negotiation between the above two parties, the present agreement is reached as follows:
Article1 During the period from to , PARTY B shall undertake on behalf of the PARTY A ,the introduction and the supply of temporary workers for a long or short-term engagement.
a) Introduction means the presentation of at temporary worker whom the PARTY B is without relationship.
b) Engagement means the employment of a temporary worker in any capacity what so ever whether it is for a long or short term.
Article 2 a) For the purpose of rendering the above-mentioned tasks and services and to ensure the continuing and uninterrupted performance of PARTY B, it agrees to supply the number of personnel required by the PARTY A and whose work schedule shall be exclusively determined by the PARTY A.
Article3 PARTY B shall provide the necessary identity cards to the temporary workers assigned to perform the job/services at the PARTY A. These personnel shall have been properly and thoroughly interviewed by PARTY B prior to the engagement and they shall hold favorable medical certificate for the services/jobs involved. The PARTY A reserves the right to reject any person assigned by PARTY B or to replace at any time the worker who is not acceptable by the PARTY A.
Article 4 PARTY B shall guarantee that the contractual temporary worker assigned to the PARTY A is physically healthy, of good moral character and never has criminal record. The PARTY A, however, may request the replacement of a temporary worker if this person is proven not competent for the job position and incapable of accomplishing the task with in the time specified by the Party A and with the desired quality.
Article 5 As an independent contract or under this present agreement, PARTY B shall require its employees assigned to the PARTY A to strictly abide by all the PARTY A’S rules and regulations on the work discipline, conduct, behavior, sanitation, and security which are stipulated in the Party A Employee’s brochure.
Article 6 PARTY B shall guarantee that its temporary worker will never disclose any confidential or secret information of any kind which they may touch at the course of performing their duties at the PARTY A under this agreement and PARTY B shall take appositive position to enforce this article.
Article 7 PARTY B’s contractual worker shall perform their duties required by the PARTY A. They may be required to work over time in accordance with the requirement of the PARTY A.
Article 8 PARTY B shall take all responsibilities on his own for all claims made by its contractual worker arising out of the performance of this agreement. However, PARTY B shall guarantee that the PARTY A is always free from any claim whatsoever made by the temporary worker which may arise ou of the performance of this agreement.
Article 9 PARTY B shall not be liable for any direct or indirect loss, injury, damage or delay due to the introduction of any temporary employee. The temporary worker shall be liable on his or her own for any loss, injury, damage or delay whatsoever. PARTY B will help the Party A to recover any loss caused by the temporary worker by deducting the service charge to the PARTY A so as to compensate the loss.
PARTY B shall have the freedom of option of the payment for compensationa follows: in cash, repairing, restituting or replacing.
Article10 All temporary workers of PARTY B shall be subjected to the regular security check by the Party A’s security personnel as a precaution against property loss. It shall be the responsibility of the PARTY A to ensure the strict and diligentent forcement of such measures.
Article11 a. PARTY B shall guarantee that it is a licensed and independently-operating contracting company which possesses of abundant capital and necessary conditions for the execution of this agreement, such as: tools, equipment and machinery, work premises, and other facilities.
b. PARTY B likewise guarantees that the workers employed by PARTY B and assigned to the PARTY A shall carry out their obligations under this agreement while the above said employees shall not be considered employees by the PARTY A. Whether they are assigned in the premises of the PARTY A, or the assignment is interrupted, the employment relationship between them and PARTY B shall be by no means affected.
c. Nothing herein contained shall be considered that between the PARTY A, PARTY B and its contractual worker, are relationship of employment has been established. In this case, it is PARTY B that will take all liabilities on his own in accordance with relevant laws, rules or regulations on labor. If there should be any incidental injury or death to the temporary worker working for the PARTY A, the PARTY B would make the compensation for the incidental injury or death according to the national regulations on insurance for work incident while the PARTY A will not take any liabilities. However, the PARTY A has the obligation to assist the PARTY B in dealing with the relevant matters and providing necessary documents which are needed for the PARTY B to make claims for work injury insurance.
The PARTY A shall provide as a sanitary working environment for the temporary workers and it
shall inform his worker of the take-out service beforehand.
The Party A shall not employ any working staff within 3 months after the contract of employment between him and PARTY B is dissolved.
d. Workers’Compensation and Social Security paid by Party B for its contractual worker:
e The temporary workers employed under this agreement shall be paid by PARTY B. The salary and other compensations shall be in the charge of PARTY B.
f. PARTY B shall have the exclusive right of the selection, engagement and unemployment of its workers and agent. Besides, PARTY B’ s also has the right to decide all terms and conditions of the contract of employment with the temporary worker.
g. PARTY B shall supervise and maintain effective discipline over all workers in order to perform their obligations under this agreement. PARTY A shall report to PARTY B any misconduct of the above workers such as negligence, laziness, non-performance of the duties under the agreement. PARTY B shall have the exclusive right to punish on his own the worker for his or her misconduct.
h. The Party A shall pay PARTY B for the temporary worker assigned to the Party A RMB12 Yuan on the basis of hour which includes social security contribution and management fee charged by PARTY B. For the 10 National Holidays, as well as Christmas Eve and Chinese New Year Eve, the above said salary will be doubled.
i. The PARTY A agrees to pay PARTY B within fifteen(15) working days after the receipt of relevant invoice issued by Party A.
Article 12 Other provisions其它条款
a. PARTY B shall provide temporary workers required by the PARTY A, with the Party A’s reservation notice of at the least 2 days in advance. The PARTY A shall notify PARTY B twenty four(24) hours in advance of any revocation of reservation by fax or telephone call. Besides, the PARTY A shall pay the management fees which shall be RMB24 YUAN per worker to PARTY B.
b. PARTY B shall provide the Time Sheets in triplicates on which the PARTY A shall sign about the completion of work by the temporary worker. All work, even if less than four (4) hours shall be calculated as four (4) hours. The triplicate time sheet will be the basis for the calculation of payment made by the PARTY A.
c. The PARTY A is considered to have accepted the above terms and conditions, except the term and conditions that the PARTY A may already have. In case of any conflict between any terms or conditions, the current national laws shall prevail.
d. PARTY B reserves the right to withdraw all its temporary workers assigned to the Party A without any notice in advance and to file the lawsuit in case of any breach of this agreement made by the PARTY A.
e. The above terms and conditions shall be strictly executed in accordance with the Labor Law of China by both the PARTY A and PARTY B. Both Parties shall keep the right to make modifications according to the newly promulgated national laws or regulations from the local administration bureau of labor, and all modifications shall serve as the supplementary clauses. All disputes arising from the present agreement shall fall in to the jurisdiction of the local court of law.
f. This agreement is written in both English and Chinese versions. In case of any inconsistency, the Chinese version shall prevail.
Signature of Party A 甲方签署 Signature of party B 乙方签署
General Manager总经理 General Manager总经理