劳务用工派遣协议(中英文）

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 (以下简称：PARTY B)
 
After a full discussion and a friendly negotiation between the above two parties, the present agreement is reached as follows:
双方经友好协商，达成如下协议：
 
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.
合同有效期从年月日至年月日止，乙方应为甲方介绍和提供长期或短期的临时工。
 
a) Introduction means the presentation of at temporary worker whom the PARTY B is without relationship.
介绍是指乙方提供甲方并无关系的临时工
 
b) Engagement means the employment of a temporary worker in any capacity what so ever whether it is for a long or short term.
签订合同是指使用任何工种的，长期或短期的临时工
 
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.
为了履行以上的义务和服务，并确保乙方不间断地执行合同，乙方同意根据甲方需要的数量提供临时工，工作安排须由甲方决定。
 
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.
乙方应为派到甲方工作的临时工提供必要的工作证。乙方应在派遣临时工之前进行合理的完全的面试，并根据不同工种的需要提供相应的健康证。甲方有权退回乙方指派的人员，或在任何时候要求乙方给予合适的人员补上空缺。
 
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.
乙方应确保派入甲方的临时工身体健康，品德良好，无犯罪记录。如果甲方发现乙方提供的临时工不能根据甲方规定的时间和质量标准完成任务，有权要求乙方更换新人。
 
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.
乙方作为协议中独立的承包商，应确保提供给甲方的临时工严格遵守甲方员工手册中规定关于纪律、行为、干净卫生和安全等方面的规章制度。
 
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.
乙方需确保临时工严格保守工作时可能了解到的甲方的任何信息，不泄露任何机密。同时采取积极的态度确保此项条款的执行。
 
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.
乙方提供的临时工应按甲方的规定执行其指派的工作。他们可能需要超时工作。
 
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.
乙方将独自承担协议临时工的所有要求。然而乙方也应确保甲方对所有要求不负有任何负责。
 
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.
对于介绍的临时工造成的直接或间接的损失、受伤、损坏或耽误乙方不负有责任。由临时工直接对上述所有事件负责, 乙方将根据甲方的损失扣除他们的服务费以补偿甲方。
 
PARTY B shall have the freedom of option of the payment for compensationa follows: in cash, repairing, restituting or replacing.
乙方对于补偿甲方的损失有选择方式，现金，维修，复原或替代。
 
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.
所有乙方的临时工需接受甲方保安部为了防范财产损失而进行的例行检查。甲方有责任确保此安全防范措施执行中的严谨和持续。
 
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.
乙方需保证自身是一家有独立经营、具许可执照的承包公司，公司拥有使其运营正常，履行此协议而必备的基础资金和投资项目，如工具、机器设备、工作场地和其它设施。
 
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.
乙方同时保证使用并指派给甲方的临时工仅是根据协议完成甲方工作，并不属于甲方的雇员，他们被分配到甲方工作或中止其工作，并不影响他们与乙方的雇佣关系。
 
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.
此合同不被视为甲方、乙方及临时工之间建立了雇佣关系。因此，乙方应依据法律法规和劳动法，独立承担责任。而甲方对以下情况不负任何责任：个人受伤的索赔、工资和其它劳动福利、其它伤害的索赔包括因乙方的临时工或第三方引起的死亡事件，不管这类伤亡是否发生在临时工履行合同规定的工作职责时。以上情况乙方需保证如实支付赔偿。
 
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.
甲方应提供安全健康的工作环境，对于外卖活动的安排应事前通知。
 
The Party A shall not employ any working staff within 3 months after the contract of employment between him and PARTY B is dissolved.
任何在解除与乙方的劳动关系后未满3个月的人都不得被甲方录用为正式工。
 
d. Workers’Compensation and Social Security paid by Party B for its contractual worker:
乙方临时工的补偿和社会保险金：
 
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.
乙方将支付此协议中临时工的全部费用，全权负责工资和其它补偿。
 
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.
在挑选、雇用、解雇或维持临时工与代理机构时具有独立操作权。在履行合同义务时对于雇佣临时工所制定的条款，乙方也具有独立的操作权。
 
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.
乙方应监管、控制和维持临时工在执行合同规定的工作时的纪律性。甲方应向乙方报告和申诉任何消极怠工、玩忽职守、不端行为、不履行工作职责的临时工。乙方有权独立惩戒犯错的临时工。
 
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.
乙方指派给甲方的临时工是每小时每人12元人民币，其中包括社会保险费和乙方的管理费。10天的国定假日,圣诞夜以及除夕夜工资将付双倍工资。
 
i. The PARTY A agrees to pay PARTY B within fifteen(15) working days after the receipt of relevant invoice issued by Party A.
甲方同意在收到乙方发票后的15个工作日之内付款。
 
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.
乙方根据甲方的要求提供临时工，但甲方至少给予2天的提前通知。　如有取消，甲方应提前24小时通过传真或电话通知乙方。如未及时通知造成的乙方临时工到达甲方，甲方应为每位退回临时工每人签发2小时计工单。
　
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.
乙方需提供三联形式的考勤表，甲方将在考勤表上记录临时工完成工作的情况。所有工作、即使少于4小时，以4小时计算。此记录临时工实际工作时间的三联单将作为乙方向甲方结算费用的依据。
 
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.
甲方被视为同意接受以上条款(除了甲方可能已有的条款之外)。如条款内容有冲突，以国家法律为准。
 
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.
如果甲方违约，乙方有权撤回所有临时工并寻求法律诉讼。
 
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.
以上条款的执行应由甲方和乙方依据国家劳动法执行。甲乙双方均保留各自的合法权益在合同履行过程中依照新颁布或试行实施的国家法律法规及劳动部门的相关规定对以上合同条款提出修改意见并作为合同补充条款。由此协议引发的纠纷可提交当地法院审理。
 
f. This agreement is written in both English and Chinese versions. In case of any inconsistency, the Chinese version shall prevail.
以上协议具中英文对照。如有偏差，以中文为准。
 
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
Date日期:                                 Date日期