Sunday, January 29, 2012

International labor contract

International labor contract:

What is the international labor contract?
International labor contracts - Concept:

International labor contract is in the process of development of import and export of labor contracts is to provide the demand side of the direction of the country output laborers, the two laborers on the output of the rights and obligations and all matters agreed on a written agreement. This "service" is short for labor services. It is not in physical form and to provide certain forms of labor to meet the needs of others and ask for compensation services. Here is the national scientific and technological services personnel, workers, and sent to needy countries (regions) in the corresponding period of the contract services. It refers to the physical aspects of labor services, but also refers to the intellectual labor service, import and export of goods belonging to category. Output regardless of the manner in which services are required to sign a "labor contract." Managers must have knowledge of economic contracts and legal international labor contract Section 33 1. Concept of international labor contract is a service developed by the process of import and export contracts, the demand side is the direction the country to provide export services personnel, both service personnel on the output of the rights and obligations and all matters agreed on a written agreement. This "service" is short for labor services. It is not in physical form and to provide certain forms of labor to meet the needs of others and ask for compensation services. Here is the national scientific and technological services personnel, workers, and sent to needy countries (regions) in the corresponding period of the contract services. It refers to the physical aspects of labor services, but also refers to the intellectual labor service, import and export of goods belonging to category.


International labor contracts - the main content
International labor contracts to the following content:
1. Labor wages. Labor wages are the main provisions of labor contracts. Wage provisions in the labor standards of wages to be provided (with month, day, and hourly wage), the use of currency and currency exchange rate and convertibility, but also the contents of a store of value, in order to avoid exchange rate risk. Total wages for the period, that is, when the starting wage, and when to terminate. General staff recruited from the country to date or the date of arrival, has been left up to the appointees. Payment of wages and payment procedures, payment of wages to, or direct payment by banks, but also the constraints of the content delay in wages.
2. Working hours and overtime. The provisions of this clause should be clearly laborers working hours, a few days a week, how many hours per day, and should enjoy the holidays and holidays. If laborers work more than the specified working time should enjoy the overtime pay, then the overtime pay standards also write clear, the general overtime in hours, for 2-3 times the normal hourly wage.
3. For medical expenses. Employed by the party responsible for medical expenses, general hire and western countries in official medical institutions for treatment. If Party B own medical staff, employed by the parties agreed that the costs are borne by the hired party. Laborers employed workers as a result of disability or death, shall pay to hire a certain amount of compensation benefits.
4. Insurance premiums. Party has the responsibility to hire staff employed accident insurance policy holders themselves, and bear the costs. Insured party in the country to hire, you can also entrust Party B domestic insurance.
5. Leave charges. Left side in the employed personnel hired before the period of time, a fee payable to Party B, for the employed personnel for overseas placement pack up the family and prepare for use. This is international practice.
6. Round-trip travel. Employed workers hired to go to Western countries and returning from travel by hired party. This fee can not be considered people pay, and this is also the international practices,
7. The tax. All taxes due, employed staff, it should be borne by the hired party. However, Party B is the way to contracting, the contracting parties by the tax paid by the burden of taxes naturally contracting parties will be considered in the contracting of price.
8. Both areas of responsibility. Such provisions should be clearly defined responsibilities of both parties. Content to include: employment conditions and personnel requirements, staff scheduling and management, replacement and dismissal conditions, the processing of the human environment, labor requirements and deadlines, payment method and timing of payments and so on.
9. Performance of the contract and termination. This type of provision should require parties to the transaction and termination of contract performance responsibility. When the party failure to perform when the other party should pay compensation. Even if the result of force majeure is unable to perform the contract, one party the right to terminate the contract, but also consider the appropriate compensation.


International labor contracts - features:

(1) the subject of a commercial nature. Is the subject of international labor service contracts, labor as a commodity available to the demand side, is a special commodity import and export trade.

(2) the smaller the risk. Labor export transactions both employment relationship is established. Party to sell the output of labor is labor, knowledge and technology, do not take risks. Risk borne by the employer.

(3) equality and protection. International labor contract, whether the employer or the labor export side should be equal, it is expressed in terms of equality among all the obligations, responsibilities, remuneration should be fair and reasonable treatment. Especially for labor export side, far away in a foreign land, there may be language barriers, work and life will encounter many difficulties. This requires that the contract provisions in detail and the basic solution to the problem of security measures to make labor personnel in the event of problems according to the law, evidence can be apricot.

International labor contracts - the role of

The role of international labor contract, the services provider, is looking for the extra labor employment opportunities, but also to promote friendly relations between the two countries a way; to be the provider, it is for cheap labor to exploit their own resources, building focus project, a way to promote economic growth. Is the subject of international labor contract labor, is invisible. Therefore, its contract with the general merchandise trade contracts, there are many different, mainly around the output side of the treatment carried out.


International labor contracts format:

Import and export of labor contracts with terms of type of format is appropriate for one by one step to Narrations by mutual consensus of the content. Text can be divided into three parts: first, the paper and tail.

(1) first. Including the title (this type of labor contract provisions, such as the title no special requirements, generally accurately states that "international labor contract" can), Contract number, contract date, place of signing the contract and indicate the name of both units and Party B, legal address, telex and fax number preface.

(2) this article. It is the specific content of the contract. Including the dispatch of personnel, duties, conditions; treatment and costs; responsibility of the parties; insurance; pay; send personnel exchange and dismissal; arbitration; commencement and termination of the contract agreed to the terms of the contract. Each is divided into a number of terms. Terms can compile a unified sequence number, to facilitate future dispute cited.

(3) tail. The end of the contract including the contract number of copies, the use of text, attachments marked, dated, date. The two sides signed and sealed.