Modification and Termination of the Contract. (1) Any party requesting to change the relevant contents of this contract shall notify the other party in writing, and shall complete the written change procedure by consensus. The text of the changed labor contract shall be executed by both parties. (2) If Party B has one of the following circumstances, Party A may notify Party B to terminate the contract at any time: (i) During the trial period, Party B is proved that he or she does not meet the conditions of employment. (ii) Serious violation of labor discipline or Party A’s rules and regulations (iii) Party B establishes labor relations with other employers at the same time, and has an impact on the completion of the work tasks of the unit, or Party A proposes to refuse to correct (iv) Providing false information or other fraudulent means to enable Party A to enter into this contract or change this contract in violation of the true meaning (v) Serious dereliction of duty, malpractice, and damage to Party A (vi) Being investigated for legal responsibility such as administrative responsibility or criminal responsibility (vii) Other conditions according to laws (3) If Party A or B has one of the following conditions, Party A may notify Party B to terminate the contract before 30 days with paper warning. (i) Party A needs to lay off employees due to difficulties in operating conditions (ii) Party B is sick or not injured because of public injury. After the medical period expires, he cannot work in the original job or engage in appropriate work arranged by Party A. (iii) Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job. (iv) The objective situation based on the conclusion of this contract has undergone major changes, so that the original labor contract could not be fulfilled, and the agreement between the parties and the parties could not reach an agreement on the change of the contract. (4) If Party A or B has one of the following conditions, Party B may notify Party A to terminate the contract. (i) Within the probation period, shall notify Party A three days in advance (ii) Party A does not pay the wage or provide the working condition according to the contract. (iii) Party A forces labor by means of violence or illegal restrictions on personal freedom. (iv) Other conditions according to law (5) Party B shall notify Party A to terminate the contract before 30 days with paper warning. If Party B had made a huge impact on the company, Party B shall pay the compensation (At least one-month salary) (6) After the contract is terminated or terminated according to law, Party B shall go through the formalities for the handover of work, and Party A shall handle the relevant separation procedures for Party B. (7) Party B shall return the property of Party A used or kept at the time of handover, including but not limited to: keys, office tools, work documents, authorization materials, blank documents, documents, documents, etc.; other damages such as damage, loss or encroachment; Party B shall be liable for compensation (8) If Party B refuses to hand over the work or the handover work is incomplete, it shall bear the corresponding legal consequences in accordance with relevant national laws and regulations.
Appears in 6 contracts
Samples: Employee Contract (Huahui Education Group LTD), Employee Contract (Huahui Education Group LTD), Employment Agreement (Huahui Education Group LTD)
Modification and Termination of the Contract. (1) Any party requesting to change the relevant contents of this contract shall notify the other party in writing, and shall complete the written change procedure by consensus. The text of the changed labor contract shall be executed by both parties.
(2) 9.1 If Party B has one any of the following circumstances, Party A may notify shall have the right to issue a notice requiring Party B to terminate correct the breach of contract at any time:
(i) During immediately. If the trial period, Party B rectification is proved that he or she does not meet completed within the conditions of employment.
(ii) Serious violation of labor discipline or time limit required by Party A’s rules and regulations
(iii) Party B establishes labor relations with other employers at the same time, and has an impact on the completion of the work tasks of the unit, or Party A proposes to refuse to correct
(iv) Providing false information or other fraudulent means to enable Party A to enter into this contract or change this contract in violation of the true meaning
(v) Serious dereliction of duty, malpractice, and damage to Party A
(vi) Being investigated for legal responsibility such as administrative responsibility or criminal responsibility
(vii) Other conditions according to laws
(3) If Party A or B has one of the following conditions, Party A may notify Party B shall have the right not to terminate provide or guarantee the contract before 30 days with paper warning.
(i) water, electricity, gas, communication of the leased property and other conditions that affect the applicability of the leased property. Party A needs shall also have the right to lay off employees due to difficulties in operating conditions
(ii) Party B is sick or not injured because of public injury. After confiscate the medical period expiresperformance security deposit, he cannot work in the original job or engage in appropriate work arranged by Party A.
(iii) Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job.
(iv) The objective situation based on the conclusion of this contract has undergone major changes, so that the original labor contract could not be fulfilled, and the agreement between the parties and the parties could not reach an agreement on the change of the contract.
(4) If Party A or B has one of the following conditions, Party B may notify Party A to terminate the contract.
(i) Within , take back the probation periodlease item by itself, and hold Party B liable for breach of contract. This Contract shall notify be terminated on the date when Party A three days in advance
(ii) Party A does not pay the wage or provide the working condition according to the contract.
(iii) Party A forces labor by means of violence or illegal restrictions on personal freedom.
(iv) Other conditions according to law
(5) notifies Party B shall notify Party A to terminate the contract before 30 days with paper warningin writing by fax or letter. If Party B had made a huge impact on the company, Party B shall pay the compensation (At least one-month salary)
(6) After the contract is terminated or terminated according to law, Party B shall go through the formalities for the handover of work, and Party A shall handle the relevant separation procedures for Party B.
(7) Party B shall return the leased property to Party A according to this Contract; if Party A suffers losses from the termination of this Contract, it shall compensate Party A for the losses:
9.1.1 Failing to pay the rent payable by Party B or the relevant expenses incurred during the lease term for more than 15 days.
9.1.2 During the lease term, the structure or use of the lease item shall be changed without the written approval or consent of Party A.
9.1.3 During the lease term, without the written approval or consent of Party A, it shall sell, transfer, mortgage or take any other infringement of the lease property’s ownership of Party A.
9.1.4 During the lease term, Party B uses the leased property to store dangerous goods or engage in illegal business operations or criminal activities or damage the public interest.
9.1.5 Party B shall, without the written consent of Party A, sublease, subcontract, borrow or use all or any part of the leased property, cooperate with others, associate, partnership, invest and use it in any other form.
9.1.6 Damage to the lease item, or other acts of breach hereof.
9.1.7 Party B has major violations, violations or other events, which cause adverse effects to Party A used and the software park. This Contract shall be terminated on the date when Party A notifies Party B in writing by fax or kept at letter.
9.2 If Party A has any of the time of handoverfollowing circumstances, including but not limited to: keys, office tools, work documents, authorization materials, blank documents, documents, documents, etc.; other damages such as damage, loss or encroachment; Party B shall be have the right to unilaterally terminate the Contract and hold Party A liable for compensationbreach of contract:
(8) If 9.2.1 Party A fails to deliver or delays delivery of the leased item for more than 15 days, and Party B refuses does not receive the leased item.
9.2.2 The main structure of the leased property is defective, which endangers the safety.
9.3 During the lease term, both parties may modify or terminate the Contract under any of the following circumstances:
9.3.1 Party A and Party B agree to hand over modify or terminate this Contract in writing.
9.3.2 The leased property and its ancillary facilities are seriously damaged due to force majeure, and the work or the handover work is incomplete, it shall bear the corresponding legal consequences in accordance with relevant national laws and regulationscontract cannot be further performed.
Appears in 1 contract
Modification and Termination of the Contract. (1) Any party requesting 8.1 If any material change to change the relevant contents of situation on which this contract shall notify Agreement was based occurs which causes this Agreement unenforceable, this Agreement may be amended by the other party Parties by agreement in writing, and shall complete the written change procedure by consensus. The text of the changed labor contract shall be executed by both parties.
(2) If Party B has one of the following circumstances, 8.2 Party A may notify terminate the service of Party B to terminate the contract at any timewithout prior notice if Party B:
(ia) During fails to meet employment qualifications during the trial probation period, Party B is proved that he or she does not meet the conditions of employment.;
(iib) Serious violation is in material breach of labor discipline or Party A’s rules and regulations;
(iiic) is found with materially negligent and corrupt action which has caused material damage to Party B establishes labor relations A;
(d) has concurrently entered into employment with any other employers at the same timeemployer, and which has an impact on the completion of the work tasks of the unitmaterial effect upon his performance with Party A, or fails to rectify such situation upon request from Party A proposes to refuse to correctA;
(ive) Providing false information or other fraudulent means to enable forces Party A to enter into this contract or change this contract in violation of the true meaningamend employment terms against its will by fraud, duress or other bad-faith actions; or
(vf) Serious dereliction of duty, malpractice, and damage to Party Ais held liable for criminal charges.
(vi) Being investigated for legal responsibility such as administrative responsibility or criminal responsibility
(vii) Other conditions according to laws
(3) If Party A or B has one of the following conditions, 8.3 Party A may notify terminate the service of Party B to terminate the contract before 30 with notice of thirty (30) days with paper warning.in advance or, in lieu of such notice, by payment of no less than one-month salary (provided that salary ) if:
(i) Party A needs to lay off employees due to difficulties in operating conditions
(iia) Party B is sick in illness or not is injured because of public injury. After the medical period expiresother than at work, he cannot and fails to perform its original work in the original job or engage in appropriate any other work arranged assigned by Party A.A after the lapse of regulated medical treatment period;
(iiib) Party B is not qualified for the job. After unable to perform his work and fails to do so after training or adjusting the position, Party B is still not qualified for the job.re-assignment; or
(ivc) The objective any material change to the situation on which this Agreement was based on the conclusion of occurs which causes this contract has undergone major changes, so that the original labor contract could not be fulfilledAgreement unenforceable, and the agreement between the parties and the parties could not reach an agreement on the change of the contractParties fail to amend this Agreement by consensus.
(4) If 8.4 Party A may terminate this Agreement with Party B according to relevant conditions and procedures if:
(a) Party A is reorganized according to enterprise bankruptcy law;
(b) Party A encounters material difficulty in business operations;
(c) Party A experiences restructuring, material technological renovation or B has one business adjustment, for which redundancy is required even after amendment of employment agreements; or
(d) any material change to the following conditions, situation on which this Agreement is based occurs which makes this Agreement unenforceable.
8.5 Party B may notify Party A to terminate the contract.this Agreement if:
(ia) Within the probation period, shall notify Party A B terminate this Agreement three days in advanceadvance during probation period;
(iib) Party A does not pay the wage or provide the working condition according fails to the contract.make due salary payment to Party B and fails to correct such failure within forty (40) days;
(iiic) Party A fails to provide occupational protection and conditions as provided under this Agreement;
(d) Party A forces labor Party B to enter into or amend employment terms against its will by means fraud, duress or other bad-faith actions;
(e) Any of violence Party A’s rules and regulations is in breach of mandatory provisions of laws and regulations, which is detrimental to the interest of Party B; or
(f) Party A forces Party B to work by violent means, duress or illegal restrictions on other measures restricting personal freedom, or Party A orders Party B to work which may pose risk to Party B’s personal safety.
(iv) Other conditions according 8.6 Subject to law
(5) good-faith negotiations and agreements, Party B shall notify his resignation to Party A in writing no less than thirty days in advance, and under such circumstance Party A will not be liable for any indemnity to terminate Party B.
8.7 Termination, expiration and renewal of this Agreement by the contract before 30 days Parties shall be in accordance with paper warningthe Labor Law of the People’s Republic of China and other relevant provisions.
8.8 Upon termination or expiration of this Agreement, Party A will issue a certificate to such effect to Party B. Party B will hand over his work according to agreements between the Parties. If Party B had made a huge impact on the company, A is liable for any monetary indemnity to Party B shall pay the compensation (At least one-month salary)
(6) After the contract is terminated under laws, regulations or terminated according to lawprovisions under this Agreement, Party B shall go through the formalities for the handover of work, and Party A shall handle the relevant separation procedures for Party B.
(7) Party B shall return the property of Party A used or kept at the time of handover, including but not limited to: keys, office tools, work documents, authorization materials, blank documents, documents, documents, etc.; other damages such as damage, loss or encroachment; Party B indemnity shall be liable for compensation
(8) If Party B refuses to hand over the payable in conjunction with work or the handover work is incomplete, it shall bear the corresponding legal consequences in accordance with relevant national laws and regulationshand-over.
Appears in 1 contract
Samples: Employment Agreement (SYSWIN Inc.)
Modification and Termination of the Contract. (1) 11.1 Any party requesting amendment to change this Contract must be in writing and signed by both Parties.
11.2 The Contract shall be invalid with mutual consent if any Force Majeure Event occurs, and neither of the relevant contents Parties shall be responsible for the damages. “Force Majeure Event” shall mean any event which is beyond the control of the affected Party, and which is unforeseen, unavoidable or insurmountable, and which arises after the signing of this contract Contract and which prevents total or partial performance by such Party. Such events shall notify include earthquakes, typhoons, flood, fire, war, failures of international or domestic transportation, acts of government or public agencies, epidemics, civil disturbances, strikes or any other events which cannot be foreseen, prevented or controlled, including events which are accepted as Force Majeure in general international commercial practice. The Party claiming Force Majeure shall promptly inform the other party Party in writing, writing and shall complete furnish the written change procedure by consensusother Party within fifteen (15) days thereafter sufficient proof of the occurrence and duration of Force Majeure. The text Party claiming Force Majeure shall also use all reasonable endeavors to eliminate or mitigate the effects of such Force Majeure. In the changed labor contract shall be executed event of a default by both parties.
(2) If Party B has one of the following circumstances, Party A may notify Party B to terminate the contract at any time:
(i) During the trial period, Party B is proved that he or she does not meet the conditions of employment.
(ii) Serious violation of labor discipline or Party A’s rules and regulations
(iii) Party B establishes labor relations with other employers at the same time, and has an impact on the completion of the work tasks of the unit, or Party A proposes to refuse to correct
(iv) Providing false information or other fraudulent means to enable Party A to enter into this contract or change this contract in violation of the true meaning
(v) Serious dereliction of duty, malpractice, and damage to Party A
(vi) Being investigated for legal responsibility such as administrative responsibility or criminal responsibility
(vii) Other conditions according to laws
(3) If Party A or B has one Party B, the non-defaulting Party shall send a written notice to the defaulting Party requesting it to cure such default within ninety (90) days after receipt of the following conditionsnotice. If the defaulting Party fails to cure such default within such ninety 90 days after it has received the non-defaulting Party’s written notice, the non-defaulting Party A may notify shall have the right to seek damages from the defaulting Party B as well as to terminate this Contract. If both Parties continue to perform this Contract, then the defaulting Party shall pay damages to the non-defaulting Party. In the event that a breach of contract before 30 days with paper warning.
(i) is committed by more than one Party, each such Party A needs to lay off employees due to difficulties in operating conditions
(ii) Party B is sick or not injured because of public injury. After the medical period expires, he cannot work in the original job or engage in appropriate work arranged by Party A.
(iii) Party B is not qualified for the job. After training or adjusting the position, Party B is still not qualified for the job.
(iv) The objective situation based on the conclusion of this contract has undergone major changes, so that the original labor contract could not be fulfilled, and the agreement between the parties and the parties could not reach an agreement on the change shall bear its individual share of the contractliabilities arising from the breach of contract subject to limits of liability in Clause 8.2 herein above.
(4) If Party A or B has one of the following conditions, Party B may notify Party A to terminate the contract.
(i) Within the probation period, shall notify Party A three days in advance
(ii) Party A does not pay the wage or provide the working condition according to the contract.
(iii) Party A forces labor by means of violence or illegal restrictions on personal freedom.
(iv) Other conditions according to law
(5) Party B shall notify Party A to terminate the contract before 30 days with paper warning. If Party B had made a huge impact on the company, Party B shall pay the compensation (At least one-month salary)
(6) After the contract is terminated or terminated according to law, Party B shall go through the formalities for the handover of work, and Party A shall handle the relevant separation procedures for Party B.
(7) Party B shall return the property of Party A used or kept at the time of handover, including but not limited to: keys, office tools, work documents, authorization materials, blank documents, documents, documents, etc.; other damages such as damage, loss or encroachment; Party B shall be liable for compensation
(8) If Party B refuses to hand over the work or the handover work is incomplete, it shall bear the corresponding legal consequences in accordance with relevant national laws and regulations.
Appears in 1 contract
Samples: Investment Contract (Anadigics Inc)
