Article 8 Party A shall enjoy the following rights:
（1）In some special situations when two parties cannot reach an agreement, Party A shall have the right to recall its dispatched employee, but a 30 days prior written notice shall be made by Party A (except the dispatched employee is in the probation period) and shall be sent to Party B and the dispatched employee. Besides, Party A shall pay Party B compensation according to the following way.
The compensation payment shall be made based on the working time of the dispatched employee, which shall be one months borrowing fee for each full year worked. Any period of less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the dispatched employee is recalled.
（2）Party A is entitled to bring forward its opinions in written when Party B violates this Contract or damages the legal rights of the dispatched employee. And Party B shall reply in written form within six (6) working days after it receives the aforementioned written notice made by Party A.
（3）Party A is entitled to terminate this contract at any time for no reason, and claim for compensation from Party B, if Party B fails to pay the dispatched employees wages, or fails to pay the borrowing fees.
(4) Party A may offer assistance to Party B in asking the dispatched employee to take his liabilities, if the dispatched employee damages the legal rights of Party B.
CHAPTER THREE THE OBLIGATIONS AND RIGHTS OF PARTY B
Article 9 Party B shall assume the following obligations:
（1）To respect the custom, religion and belief of the dispatched employee, and not to make any discrimination.
（2）Shall provide the dispatched Employee with necessary working condition which is in accordance with the relevant statutes in relate to labor protection, and clarify the working position and job deion to the dispatched employee. Also, Party B shall pay the social insurance premiums and housing fund for the dispatched employee. Otherwise, Party B will be responsible for the results arising therefrom.
（3）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.
（4）Shall provide the dispatched employee travelling allowance and other benefits, the amount of the aforementioned allowance and benefits will be determined by Party B.
（5）Shall guarantee that the dispatched employee can get rest and leave during the legal holidays. Shall also arrange one paid holiday for the dispatched employee whose borrowing period is on and over one year. How long the leave with pay of the dispatched employee is will be based on the regulations of Party B.
（6）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.
The contents stipulated in Clause (3), (4) and (5) contained in this Article, can be determined by Party B and embodied in its Rules and Regulations of the Company, or is formed by another agreement reached and signed between the dispatched Employee and Part B. Such Rules and Regulations of Party B or agreement shall prevail, as long as they do not violate any laws, decrees or regulations of the state and has been already sent to Party A for record.
Article 10 Party B shall have the following rights:
（1）May decide the probation period of the dispatched employee based on the borrowing period:
① Where the borrowing period of the dispatched employee is less than six (6) months, the probation period may not exceed 15 days;
② Where the borrowing period of the dispatched employee is more than six (6) months but less than one year, the probation period may not exceed 30 days;
③ Where the borrowing period of the dispatched employee is more than one year but less than three years, the probation period may not exceed 60 days;
④ Where the borrowing period of the dispatched employee is more than three years, the probation period may not exceed six months.
Party B may terminate this contract during the probation period, however, it shall pay the borrowing fees during the probation period (including social insurance premiums and housing fund). The dispatched employee will automatically become regular dispatched employee after his probation is over, and the start time of the borrowing period shall be the start time of the probation period.
（2）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 compensation fee in one lump sum according to the following ways:
The compensation fee shall be paid based on borrowing time at the rate of one months wage for each full year. Any period of not less than one year shall be counted as one year. The standard of compensation fee shall be the borrowing fee of the same month when the dispatched employee is returned to Party A. The compensation fee shall include the severance pay of the dispatched employee who is sent back by Party B.
（3）If the dispatched employee is returned by Party B by virtue of violating the laws, decrees and seriously violating the rules and regulations (which shall be public for the employee himself and Party A), after checking the opinion of Party A, Party B may inform the employee himself and Party A about its decision at any time and without any compensation.
（4）May sign the individual agreement with the dispatched employee，and send one copy to Party A for record. However, such agreement shall not violate a mandatory provisions of any law, administrative regulation, or terms and conditions of this contract.
