【正文】
當兩種文本出現矛盾時,以中文本為準。Article 16 The services that Party A provides to dispatched employee are stipulated in Appendix 2, which is an integral part of this Contract. 第十七條 本合同未盡事宜,國家有規(guī)定的按國家規(guī)定辦理,國家無規(guī)定的由甲乙雙方協(xié)商解決,或簽訂合同附件另行約定。 8 hrs actual overtime 300% 第五章 爭議與仲裁CHAPTER FIVE DISPUTES AND ARBITRATION第十四條 在本合同履行過程中,甲乙雙方如發(fā)生爭議,應通過友好協(xié)商解決。 8 hrs actual overtime 200% 法定節(jié)假日加班費=月工資247。8 hrs actual overtime150% 休息日、帶薪休假日加班費=月工資247。Article 12 Party B shall pay the monthly borrowing fee, pensation fee and additional yearend bonus before 20th of each month (if the dispatched employees is paid by Party B directly, then Party B just needs pay Party A the balance amount of the borrowing fees). After receiving the payment, Party A shall pay the dispatched employee before 6th of the following month.In case that Party B delays payment, Party A is entitled to collect the surcharge at the rate of 1% of the amount due for every 10 days delayed. When the days overdue exceeds 30 days, then Party A is entitled to claim for RMB ____ as breach of contracts from Party B based on the specific situation, and terminates this contract or cancels this contract in the meantime. And such actions shall not be construed as breach of contracts. Besides, two parties will go through the relevant formalities. 第十三條 加班、加點費用的計算方法為:Article 13 The Calculation Method for the Overtime Payment 工作日加點費=月工資247。Party B is entitled to make written advices when Party A violates the terms and conditions of this contract, and make further negotiations. Party A shall reply Party B in written within six (6) working days after it receives the notice made by Party B. 第四章 費用及其結算CHAPTER FOUR THE EXPENSES AND TERM OF PAYMENT第十一條 借用費為每月人民幣 元。 during the borrowing period, Party B is entitled to dismiss the dispatched employee and terminate this contract, however, it shall make a 30 days’ prior written notice to inform Party A and the dispatched employee, except otherwise the dispatched employee is in his probation period. In the meanwhile, Party B shall pay Party A the pensation fee in one lump sum according to the following ways:The pensation fee shall be paid based on borrowing time at the rate of one month’s wage for each full year. Any period of not less than one year shall be counted as one year. The standard of pensation fee shall be the borrowing fee of the same month when the dispatched employee is returned to Party A. The pensation fee shall includes the severance pay of the dispatched employee who is sent back by Party B. (三)如派遣員工因違反中國法律、法規(guī)和嚴重違反乙方規(guī)定(此規(guī)定對派遣員工和甲方應該是公開的)被解除借用,乙方經征求甲方意見后可隨時通知甲方和派遣員工,并可不支付補償費。試用期滿,所派遣員工自動轉為正式派遣員工,其借用期自試用之日起計算。 4.借用期在3年以上的,試用期最長不超過6個月。shall guarantee that the dispatched employee is entitled to have medical treatment period, and to receive sick wages and disease remedy during his medical treatment period. 本條所列第(三)、(四)、(五)項內容,乙方可以規(guī)章制度的形式作具體規(guī)定,也可與派遣員工以協(xié)議的形式作具體約定。Party B practices the standard working hour system under which the employees shall work for no more than eight hours a day and no more than 40 hours a week. In case of special situation when Party B has to extend working hour, it shall pay the dispatched employee overtime pay. (四)為派遣員工提供差旅等補貼,具體數額