Employment Contract
Employment Contract
First Green Lighting Limited
Party A: First Green Lighting Limited
Party B: XXXX Xxxxx
In accordance with provisions of applicable
laws and regulations of the Hong Kong Special Administrative Region of People’s Republic of China, and based upon principles
of equality and willingness, equity and good faith, Party A and Party B enter into this contract after mutual agreement (hereinafter
“Contract”).
Term of Employment
Party A and Party B agree with Option __a__ mentioned below in determining the term of employment:
a
Fixed-term contract: commencing on March 21, 2012 and expiring on February 28, 2014.
b
Open-end contract: commencing on _________, including a probation period starting from _________ and ending on _________.
c
Contract expiring on completion of ________________:
commencing on _________ and expiring upon completion of this task.
In case the term of dispatched employment in accordance with the dispatch agreement entered into between Party A and the employing
unit expires prior to the termination of Contract herein, this Contract will expire on the termination date as agreed in the dispatch
agreement.
Job Responsibilities and Place of Employment
According to Party A’s requirements and after negotiation, Party B will serve as CEO of the company. Based upon demand
of business and assessment of Party B’s performance, Party A may adjust Party B’s job duties reasonably and in good
faith, and Party B agrees to fully comply with Party A’s arrangement.
The job duties and requirements that Party A instructs Party B to do are in compliance with the regulations and policies adopted
and disclosed by Party A in accordance with law. Party B shall perform such duties and requirements as instructed by Party A and
complete the specified work within the time limit to the satisfaction of specified quality requirements.
Party A and Party B agree to execute this Contract at Shanghai, China.
Working Hours, Holiday and Vacation
Party A and Party B mutually agree with Option __c__ as mentioned below with regards to working hours and vacation, and Party B
will work for 40 hours/week on the average.
a
Party A implements an 8-hour-per-day working
hour system. The details of working hours are arranged as follows:
For each week, work from ___ to ____, and _____ in the morning and ____ in the afternoon.
For each week, lay off on ______.
b
Party A implements a 3-shift-per-day working
hour system and Party B will work in Shift ___ and will perform ______ every week.
c
Party A implements a non-fixed working hour system for Party B as CEO of the company. Party A and Party B agree to perform the system in accordance with law.
d
Party A implements a comprehensive working
hour system for Party B in the position of ________. Party A and Party B agree to perform the system in accordance with law.
Party A will strictly adhere to statutory requirements in terms of working hours, limiting the occasions of working overtime in
order to ensure Party B’s right of rest and health. In case it is absolutely necessary for Party B to work overtime due to
business needs, party A shall negotiate and reach an agreement with the labor union and Party B, and grant compensatory day-off
or overtime pay in accordance with law.
Working Conditions and Protection
Party A shall honestly disclose information relating to the position that may incur hazard of occupational disease upon Party B,
and carry on safety training sessions for purpose of preventing labor accidents and reducing the employment hazard.
Party A must provide Party B with sanitary conditions and necessary labor safety equipments in accordance with national requirements.
In case Party B is required to perform duties that may incur hazard of occupational disease, Party A shall carry on health examinations
for Party B at regular intervals.
Party B must strictly abide by the safety operation code during the labor process. Party B is entitled to reject instructions from
managers of Party A in case the instruction is in violation of the regulations and policies or Party B is forced to risk his/her
life or health.
Party A shall provide necessary protection to Party B in accordance with special provisions enacted by the country concerning the
protection of female and minor employees.
In case of Party B’s illness or non-work injury, Party A shall implement the national provisions concerning medical treatment.
Compensation
Party A shall pay the salary to Party B in currency at least one time per month, and shall not deduct or delay the payment without
causes. In case Party B fulfils necessary duties within the statutory working hours, the salary that Party A pays to Party B shall
not below the local minimum salary standard.
Party A agrees to pay the salary on the _15th day per month.
The salary of Party B within the probation period is RMB ___ Yuan per month.
After mutual negotiation and agreement, Party B’s salary and compensation shall be decided in accordance with Option _b_
as mentioned below:
a
According to the internal salary distribution method provided in the regulations and policies adopted by Party A in accordance with law, and based on the position of Party B, the monthly salary of Party B is RMB ___ Yuan.
b
Party B’s salary is decided upon the internal salary distribution method combining basic salary and performance salary. The basic monthly salary of Party B is 20000 HKD per month, and the salary will be adjusted according to the internal salary distribution method; Party B’s performance salary will be decided upon the performance, achievements and actual contribution in accordance with the internal salary distribution method.
c
According to the piecework salary system,
Party B’s work quota equals to the amount of work which can be accomplished by more than 90% of the employees holding the
same positions in the company within the statutory working hours. In case Party B fulfils the quota within the statutory working
hours to the satisfaction of Party A’s quality requirements, Party A shall pay to Party B the full amount of salary on time.
Party A will reasonably increase Party B’s salary based upon Party A’s operational result, the salary guideline and
exemplary salary published by the local government, etc.. The salary increase of Party B is decided according to _________________
(collective agreement on salary negotiation or internal salary increase method).
The overtime pay of Party B shall be decided upon the base of ____ as mutually negotiated and agreed by the Parties.
Social Insurance and Benefit
Party A and Party B participate in the social insurance program in accordance with law, and promptly contribute all types of social
insurance premiums. Party B's contribution to the social insurance program required by law will be withheld and deducted by Party
A from the salary that Party A shall pay to Party B.
Party A shall publish the information relating to all types of social insurance premiums contributed by Party A for Party B. Party
B is entitled to and Party A shall assist in the inquiry about contributions of all types of social insurance premiums.
In case Party B suffers a work-related injury, Party A shall take prompt measures to treat and cure and submit applications to
the labor authority for work-related injury identification. Party A shall carry on working ability evaluation for Party B and fulfils
its obligations with regards to Party B’s entitlement to medical treatment for work-related injury.
Party A shall fulfill its obligations with regards to Party B’s entitlement to the benefits in accordance with national provisions.
Labor Disciplines
All labor disciplines adopted by Party B shall be in compliance with provisions of laws, regulations and policies, and shall be
published and disclosed to Party B after going through democratic procedures. Party B shall conform to such disciplines.
Termination of Employment Contract
After mutual negotiation and agreement by both Parties, the Contract may be terminated upon one of the following circumstances:
1
The expiry of the Contract;
| 2 _____________________________________ | |
| _________________________________________; | |
| 3 _____________________________________ | |
| _________________________________________. |
Resolution of Employment Disputes
Any labor dispute between Party A and Party B arising from the performance of this Contract can be resolved through negotiation.
In case unwillingness of negotiation or the negotiation fails, either Party may request for mediation by the Mediation Committee
of Labor Dispute of Party A. Either Party A or Party B may submit the dispute to the Labor Dispute Arbitration Committee (“LDAC”)
for arbitration if the mediation fails, or they can directly submit the dispute to the LDAC for arbitration. Claimant shall submit
a written application to the LDAC within sixty days as of the date when such dispute occurs. If the arbitral award is not satisfactory,
either Party may bring a lawsuit in the People’s Court within fifteen days as of the date when the arbitral award is received.
Party B is entitled to report to labor security administration department and other corresponding authorities in any case of Party
A’s breach of labor laws, regulations and ordinances and impairment of Party B’s legitimate rights and interests.
Miscellaneous
During the term of the Contract, Party B shall promptly inform Party A of any change of his/her census register address, current
residence address, contact information, etc. to facilitate communications.
Issues that are not specified in this Contract shall be decided in accordance with applicable national provisions. In case there
is no such applicable provisions, the Parties shall resolve the matter through equal consultation.
This Contract shall not be obliterated.
If necessary, this Contract will be written in both Chinese and English; in case of any conflict between the two versions, the
Chinese one shall prevail and govern.
This Contract shall be signed in two duplicates, and each of which will be held by Party A and Party B.
This Contract takes effect on March 21, 2012.
In case both of Party A and Party B willingly apply for the certification of the Contract, the application shall be submitted to
the labor security administration department within thirty days as of the date of signature hereof.
| First Green Lighting Limited | |
| Party A: First Green Lighting Limited | Party B: XXXX Xxxxx |
| Signed by the Legal Representative: | Signed by: |
