English Translation of Employment Agreement
Exhibit
10.19
English
Translation of Employment Agreement
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Employer:
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Duoyuan
Digital Press Technology Industries (China) Co., Ltd.
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Employee:
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Baiyun
Sun
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Date:
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December
26, 2007
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Pursuant
to “People’s Republic of China Labor Law,” “People’s Republic of China
Employment Contract Law” and other related laws and regulations, Party A and
Party B hereby voluntarily execute this agreement on the basis of equality and
consensus, and will comply with all the terms of this agreement.
Section
1 Basic
Information of the Two Parties
Article
1
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Party
A
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Duoyuan
Digital Press Technology Industries (China) Co.,
Ltd.
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Legal
Representative or Agent
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Xxxxxx
Xxx
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Registered
Address
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Floor
4, No.3, Jinyuan Rd
Daxing
Industrial Development Xxxx, Xxxxxxx, Xxxxx
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Xxxxxxxxx
Xxxxxxx
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Xxxxx
0, Xx.0, Xxxxxxx Xx
Daxing
Industrial Development Xxxx, Xxxxxxx,
Xxxxx
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Article
2
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Party
B
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Baiyun
Sun
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Gender
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Female
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Type
of Household Register (Agriculture type or Non-agriculture
type)
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Non-agriculture
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Identification
Card No.
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xxxxx
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Other
Valid Certification
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N/A
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Starting
Date for Party A
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Family
Xxxxxxx
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Xx.000,
Xxxxxxxx 00, Xxxxxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx
Zip
code: 100076
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Residence
Address
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Xxxx
000, 0xx Xxxx, Xxxxxxxx 0, Xxxxxxxxxxxxxxxx, Xihongmen, Daxing District,
Beijing
Zip
code：100076
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Household
Register Address
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Dahongmen,
Fengtai District, Beijing
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Section
2 Terms
Article
3
This
agreement has non-fixed term. The agreement starts from December 26,
2007 and terminates when the conditions that are lawful or binding to this
agreement arises.
Section
3 Working Responsibility and
Working Place
Article
4
Party B
agrees to hold assistant position, based on the needs of Party
A. Party B shall timely finish the quantity of work required by Party
A and meet the quality standard required by Party A. In case of the
following situations, Party A has the right to adjust Party B’s work position,
and Party B must comply:
(1) The
workload of the original position is insufficient and it isconsolidated with
another position.
(2) The
original position is canceled due to reorganization andcorporate
restructure.
(3) The
original position is canceled due to equipment or technology
update.
(4) The
original position is canceled due to operational considerations.
(5) Demand
caused by other reasons.
Article
5
According
to Party A’s work position requirements, Party B’s working location is in
Beijing/Langfang/Shaoyang. In case of the following situations, Party
A can change Party B’s working location at any time, and Party B must
comply:
(1) Changing
working location due to change of position.
(2) Changing
working location due to ease of management for Party A.
(3) Changing
department or company locations due to changes in operationstrategy or
conditions.
(4) Other
changes caused by work demand.
Article
6
Party B’s
work shall meet the standard required by its position.
In the
following situations, Party A has the right to provide training for Party B or
change Party B’s position, and Party B must comply:
(1) Party
B cannot finish the required work quantity and/or meet the quality standards.
(2) Party
B cannot meet the quota required by Party A.
(3) Party
B has not passed performance examination.
(4) Party
B’s working ability and performance cannot meet the standards required
by his position.
(5) Party
A has arranged a third party substitute for Party B due to Party B’s
absence.
Section
4 Work Time, Breaks and Holidays
Article
7
Party A
arranges Party B to execute working time system No. 2.
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(1)
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Standard
Work Time System: Party B works no more than 8 hours per day and no more
than 40 hours per week. Party B does not work on Saturdays and Sundays.
When Party A arranges Party B to work overtime, it must be pre-approved.
If Party B works overtime without pre-approval from Party A, he will not
be entitled to overtime xxxxxxx.Xxxxx B has the right to refuse overtime
arrangement that is not
preapproved.
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(2)
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Non-Fixed
Work Time System: Taking into consideration the company’s attendance
system, if it’s required by work, Party B shall extend his working time
per company’s requirements. Except for weekends and holidays, Party B does
not enjoy the overtime benefit. When company staff of company travel on
company business, he or she will be working in accordance with Non-Fixed
Work Time System.
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Article
8
Party A
shall guarantee Party B’s right to breaks and holidays. When Party A requires
Party B to work overtime, Party A shall pay Party B overtime fee per PRC
regulations. When Party A arranges Party B to work overtime on weekends or
holiday, Party A can arrange adjusted break time for Party B. If
break adjustments are not possible, Party A shall pay overtime benefit to Party
B per PRC regulations.
Section
5 Compensation
Article
9
Party A
shall pay salary, in legal currency, to Party B before the 5th day of
each month for previous month’s. Monthly salary shall be based on the
work position. When work (including position) changes, the salary
shall reflect the new work position.
Article
10
If Party
B is waiting for work due to Party A’s low production, Party A shall pay Party
B’s salary, which is no less than the minimum living standard
system.
Section
6 Social Insurance and Other
Benefits
Article
11
Both
parties shall participate in the social insurance program per PRC
regulation. Party A shall process the relevant social insurance
procedures for Party B and bear the corresponding obligation for social
insurance.
Article
12
The
medical treatment Party B receives due to sickness or non-work-related injures
shall be in compliance with relevant PRC regulations. If Party B is hospitalized
due to illness, then he shall be entitled to medical leave.
Article
13
The
medical treatment Party B receives due to occupational illness or work-related
injuries shall be in compliance with relevant PRC regulations.
Article
14
Party A
provides the following benefits to Party B:
(1) Pursuant
to relevant PRC social benefit regulations, Party Ashall pay the
social benefit for Party B in full and on time.
(2) Pursuant
to relevant PRC housing fund regulations, Party A shall pay thehousing fund for
Party B in full and on time.
Section 7 Work
Protection, Labor conditions and Preventing Occupation Damage
Article
15
Party A
shall provide Party B the necessary safety protection measures and protection
tools given the working needs and in compliance with PRC employment safety and
healthy regulations.
Article
16
Party A
shall establish safety production system per PRC law and
regulations. Party B shall comply strictly with the safety production
system. Party B is prohibited from not complying with the related
regulations, so as to avoid accidents and reduce work-related
injuries.
Article
17
Party A
shall establish and strengthen its system to prevent and treat occupational
illnesses.
Section
8 Canceling, Determination,
Renewal and Economic Compensation of the Agreement
Article
18
Part A
and Party B can cancel, terminate, and renew the agreement according to People’s
Republic of China Employment Contract Law and other related
regulations.
Article
19
If Party
B is proven to be not qualified during his trial employment period and meet one
or more of the following criteria, Party A has the right to terminate the
agreement immediately without compensating Party B.
(1) Party
B refuses to execute company’s work related arrangement
andrequirements.
(2) Separation
certificate shows that Party B lacks the requisite experienceor expertise
required by his work.
(3) Party
B violated PRC law and regulations and was subjected to
judicialfines.
(4) According
to the examination results, Party B is not qualified foremployment.
Article
20
Party B
shall comply with Party A’s work related regulations and rules. When Party B
violates those regulations and rules, Party A subject Party B to penalties
and/or fines. In the following situations, Party A has the right to terminate
the agreement immediately without compensating Party B.
(1) Material
violation human resources rules and system by Party B.
(2) Absence
for over three days without good reason.
(3) Absence
without leave for two or more times within a month.
(4) Handling
personal errands during working hours for three or more times.
(5) Clocking
in for other or have others clock in for him for three or
moretimes.
(6) Submission
of fictitious certificate for sick leave, pregnancy leave,wedding leave and
funeral leave.
(7) Submission
of fictitious work excuse certificate and overtime certificate.
(8) Willful
submission of fictitious certificates, papers and other documents.
(9) Hiring
relatives or other people related to Party B without pre-approval.
(10) Violation
of salary, bonus and/or reimbursement policies.
(11) Refusal
to execute company’s arrangement and its requirements.
The
following situations are material violations by Party B of the administrative
management
system.
(1) Personal
phone calls during work hours for over two hours within onemonth.
(2) Uses
company funds to make personal phone calls during non-workinghours for over two
hours within one month.
(3) When
delivering goods, failure to show delivery note and/or leave theplant by
force.
(4) Participation
in work disturbance and/or negatively affect normal workenvironment and
conditions.
(5) Willfully
tarnishing company’s reputation through rumors.
(6) Stealing
and damaging company property.
The
following situations are material violations by Party B of the information
management
system.
(1) Changing
network setup beyond work scope, or negatively affect ITnetwork or infect IT
network with a virus.
(2) Using
others’ computers for non-work related activities.
(3) Engaging
in non-work related activities, such as stock trading, onlinegames and operating
personal website, during working hours.
(4) Using
company network to download and spread documents, films orsongs for three or
more times.
(5) Connecting
personal computer company’s network without pre-approval.
(6) Disassembling
and/or assembling of company’s IT equipmentswithout pre-approval.
(7) Using
flash keys and/or other storage devises without pre-approval.
The
following situations are material violations by Party B of the sales
management
system.
(1) Failure
to collect receivables three months after the invoice is issued.
(2) Direct
or indirect disclosure of company’s operating strategy, clientsmaterials or bid
document/prices to competitors.
(3) Direct
or indirect introduction of customer to competitors.
(4) Damaging
company’s profit with customers and distributors.
(5) Refusal
to turn in payments.
Article
21
In case
of material negligence, malpractice and robbery that causes damages to the
company, Party A has the right to terminate the agreement immediately without
compensating Party B.
(1) Violation
of fiduciary duties and material negligence, with loss of RMB3,000 or
more.
(2) Willful
actions that causes loss of RMB 1,000 or more.
(3) Failure
to prevent damages to company or company property.
(4) Fictitious
reimbursement over RMB 500.
(5) Receiving
money or other items value over RMB 500 fromcustomers, distributors and/or
suppliers.
(6) Violation
of company regulations related to giving customer internaloperating materials or
staff archives without pre-approval.
(7) Use
of company’s official seal, official documents and/or copy of thebusiness
license and articles of incorporation without pre-approval.
Article
22
If Party
B’s engagement with other companies negatively impacts his work for Party A, and
warning from Party A, Party B refuses to change, Party A has the right to
terminate the agreement without compensation. Party A has the right
to terminate the agreement immediately without compensation.
(1) Prior
to Party B entering into this agreement with company, he has enteredinto another
employment agreement with another company.
(2) After
Party B enters into this agreement with company, he enters intoanother
employment agreement with another company.
(3) After
Party B enters into this agreement with company, he dose part timework for
another company.
(4) After
Party B enters into this agreement with company, he establishes hisown company
or individual business.
Article
23
When
Party A terminates this agreement, Party A shall issue a certificate and shall
assist with the transferring of Party B’s archives and social
benefit.
Article
24
Party B
shall handle the relevant departure procedures per Party A’s requirements.
Severance payments, if applicable, shall be paid within one month after
termination.
Article
25
Party B
can terminate this agreement with 30-day written notice to Party A. Otherwise,
Party B shall pay one-month salary to Party A in lieu of notice. If
Party B does not plan to renew this agreement, Party B shall send 30-day written
notice to Party A prior to this agreement’s expiration. If Party B
terminates this agreement during trial employment period, he shall send 3-day
written notice to Party A. Otherwise, Party B shall pay 3-day salary
to Party A in lieu of notice.
Article
26
If the
objective situation on which this agreement was entered into changes and this
agreement can not be executed, with mutual consent from both parties, this
agreement can be amended. If one party seeks to amend, it shall provide the
other party written notice and the other party shall send written reply within
15 days. If the other party does not reply after 15days, then it
shall constitute disagreement on the part of the other party to the proposed
amendments.
Article
27
This
agreement shall automatically terminate after it expires. Upon mutual consent,
the two parties can re-enter into an agreement. If they can not reach
mutual consent, then the agreement will terminate and the two parties shall deal
with the related procedures. If upon the agreement’s expiration, the company
dose not terminate the agreement, then it shall constitute renewal of the
agreement.
Article
28
During
the agreement period, when Party A proposed to terminate this agreement, then
Party A shall give Party B some economic compensation per state
regulation.
Article
29
If Party
B wants to terminate this agreement and does not want to renew the agreement as
it expires, and if Party B was trained at the expense of Party A, then Party B
shall repay the training expense as follows:
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(1)
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If
Party B does not enter into a separate training agreement, and Party B was
trained at the expense of Party A, and if he dose not work for Party A for
one year during training period or after training period, then Party B
shall return the training fee in full. If he does not serve for
two years, then 2/3 of training fee must be returned and 1/3 must be
returned if not serving Party A for three years. If Party B has served
company for three years, no training fee need to be
returned.
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(2) If
Party B has entered a separate training agreement, returns of trainingfees shall
refer to terms of the training agreement.
Section
9 Confidentiality and
Intellectual property
Article
30
Party B
agrees that he will keep all business secrets and technology secret
confidential.
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(1)
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Business
secrets means the information and technology invented, obtained or
controlled by company, including (but not limited to) products and service
that have not been released, marketing information, technology
information, management method, regulations and system, business plan,
purchase materials, purchase channel, bids and base price on bids, pricing
policy, customer list and staff
archives.
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(2)
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Technology
secrets refer the following that are researched and developed, or mastered
by other legal methods, not released and can bring economic benefits or
competitive advantages, including but not limited to design drawings
(including draft), laboratory results and laboratory record, processes,
formulas, samples, data and computer program etc. Technology information
can be either technology solution with specified and complete technology
that can formulate a product, process, material or their improvement or
technology or partial technology elements that are included in a certain
product, process, and material.
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Article
31
During
the duration of this agreement, if Party B discloses business secrets or
technology secrets mentioned above to other people (whether they are employee of
company or not) and commits material violation of such policies, then he will be
dismissed immediately. If he materially violates the policies, Party A reserved
the right to seek legal remedy.
Article
32
Unless
otherwise consented by company in writing, Party B cannot make use of business
secrets to carry on production or operation activities and he cannot use
technology secrets for new research and development.
Article
33
Upon
Party B’s departure from company, Party B shall return all records and/or
documentations of business secrets and technology secrets. He can not take them
after departure and/or copy or duplicate them.
Article
34
Intellectual
property: Any invention, improvement, revision, discovery, assumption and other
works related to Party A’s business made by Party B during the duration of this
agreement are owned by Party A, and Party B agrees that all the intellectual
property related to invention shall be owned by Party A for free.
Section
10 Limits on Competitive
Industry
Article
35
Within
two years of Party B’s departure from company, Party B shall not engage from the
following:
(1) Establish
a company that competes with Party A.
(2) Work
for Party A’s competitor.
(3) Work
part time Party A’s competitor.
(4) Induces
other staff of company to leave Party A.
(5) Engage
in other competitive behavior.
Article
36
Party B
agrees that he will not disclose the business secret or technology secrets to
third party within two years after Party B’s departure. Party B also agrees that
he will not use business secrets or technology secrets to compete with Party A
or otherwise damage Party A’s profits. If Party B discloses the business secrets
or technology secrets mentioned above, Party B shall indemnify all loss caused
to Party A.
Article
37
Within
two years after Party B’s departure, Party A shall pay monthly economic
compensation based on the lowest living standards in the year of Party B’s
departure.
Article
38
If Party
B violates the limits on competitive industry and causes loss to Party A, then
Party B shall indemnify with the minimum indemnification no less than three
times economic loss by Party A and the maximum indemnification amount no more
than the actual loss brought to Party A. If it is Party B causes Party A not be
able to pay monthly economic compensation, then Party B shall still bear the
indemnification obligation.
Section
11 Labor
Disputes and Other
Article
39
If the
two parties have disputes during the duration this agreement, they can seek
arbitration from the Labor dispute Arbitration Committee. If the parties do not
accept the arbitration results, then they can seek legal remedy at the people’s
court.
Article
40
Party B’s
communication address in the first section is for receiving the documents
related to agreement. If it changes, then Party B shall notify Party A via
written notice, otherwise any consequence due to communication disruption will
be taken by Party B.
Article
41
The
exhibits to this agreement are:
Exhibit
1: Copy of identification card of Party B (With Party B’s
signature)
Exhibit
2: Copy of household register of Party B (With Party B’s signature)
Exhibit
3: Copy of academic certificate of Party B (With Party B’s
signature)
Article
42
If any
terms of this agreement are contrary to PRC laws and regulations, they shall be
conformed to PRC regulations.
Article
43
There are
two identical copies regarding this agreement with each party holding
one.
Party
A: Duoyuan
Digital Press Technology Industries (China) Co., Ltd. (Seal)
Legal
Representative or Entrusted Agent: Xxxxxx Xxx
(Seal)
Party B:
/s/ Baiyun
Sun
Date:
December 21, 2007
