Shenzhen Employment Agreement
Shenzhen
Employment
Agreement
Prepared
by Shenzhen Bureau of Labor and Social Security
(For
full-time employees)
Party
(Employer) :
Yinlips
Digital Technology (Shenzhen) Co. Ltd
Add
: Xxxx
0000, Xxxxxxxx Xxxxxx Building, Futian District, Shenzhen, PRC
China
Legal
representative (Principal)
: Xxxx
Xxxxxx
Contact
Person :
Xxxx
Xxxxxx
Form
of Entity :
Wholly
owned foreign
enterprise
Party
(Employee)
:
Sex
:
Tel
:
ID
No.
:
Add
:
This
employment agreement is made and entered into by and between Employer (hereafter
referred to as Party A) and Employee (hereafter referred to as Party B). As
provided by
Labor Law of the People’s Republic of China (hereafter
referred to as Labor Law), Labor
Contract Law of the People’s Republic of China (hereafter
referred to Labor Contract Law) and other relevant laws and administrative
regulations, on voluntary basis and equal standing, it is agreed by and between
Party A and Party B as follows:
Article
1 Employment Term
| 1. |
Party
A and Party B agree to choose
the
way below to determine the employment
term.
|
| (1) |
Fixed
term:
from (year),
commencing upon
the
day
of ,
and ending on
the
day
of ,
.
|
| (2) |
Non-fixed
term: commencing upon
the
day
of
,
.
|
| (3) |
Term
of completion of certain work:
|
commencing
upon
the
day
of ,
till the
work of
has been
completed. The sign of the completion of the work
is .
| 2. |
Probationary
period
|
The
probationary period shall
be
.
(The
probationary period is included in the employment term; if no probationary
period, please fill in “No”.)
2
Article
2 Job and place of work
Party
B
shall undertake the job
of .
The
place
of work
is .
Article
3 Working hour, rest and vocation
| 1. |
Party
A and Party B agree to choose
the
way below to determine Party B’s working
time.
|
| (1) |
Standard
working hours system: Party B shall work
for
hours a day (not to exceed eight hours),
and
hours for a week (not to exceed forty hours), and at least one day
rest
per week.
|
| (2) |
Irregular
working hours system: after the examination and approval of the bureau
of
labor and social security, the parties may choose irregular working
hours
system.
|
| (3) |
Comprehensive
working hours system: after the examination and approval of the bureau
of
labor and social security, the parties may choose comprehensive working
hours system.
|
| 2. |
If
due to needs in production and operations, Party A may extend working
hours. The parties shall abide by Article 41 of
Labor Law
in
overtime working.
|
| 3. |
Party
B shall enjoy statutory holidays, annual leave, wedding leave, maternity
leave and funeral leave as provided by
law.
|
| 4. |
Other
rest and leave arrange for Party
B
|
Article
4 Salary
| 1. |
Party
A shall establish its own salary distribution regulation, and shall
inform
Party B. The salary paid to Party B shall not be lower than the annual
minimum wage standard of the
locality.
|
| 2. |
Party
B’s salary shall
be RMB
Yuan / month (Party B’s salary during probationary period shall
be RMB
Yuan / month.), or Party B’s salary shall be determined
by .
|
| 3. |
Party
A shall pay Party B his salary on
the
of
every month. Party B’s salary shall be paid in cash and shall be paid
monthly at least.
|
| 4. |
Party
B’s overtime pay, leave pay and pay for specific circumstances shall
be
paid according to relevant laws and
regulations.
|
| 5. |
Other
provisions on salary payment agreed by Party A and Party
B:
|
3
Article
5 Social insurance and welfare
| 1. |
Party
A and Party B shall participate in social insurance schemes according
to
law, provincial and municipal regulations and pay social insurance
fees.
|
| 2. |
Where
Party B suffers from diseases or non-work-related injury, Party A
shall
arrange a medical treatment period for Party B and pay the medical
subsidy
fee for Party B according to law, or provincial and municipal regulations.
|
| 3. |
Where
Party B suffers from occupational diseases, or work-related injury,
Party
A shall handle the occasion according to Laws
of the People’s Republic of China on the Prevention and Treatment of
Occupational Diseases
and Regulation
on Work-related Injury Insurance and
other related laws and regulations.
|
| 4. |
Other
welfares provided by Party
A:
|
Article
6 Labor protection and working condition
| 1. |
To
effectively protect Party B’s safety and health, Party A shall provide
Party B with workshop whose condition shall comply with national
health
standards, and necessary labor protection articles according to the
relevant state, provincial and municipal labor protection regulations.
|
| 2. |
Party
A shall provide special labor protection for female and minor employees
according to state, provincial and municipal
regulations.
|
| 3. |
When
undertaking the operation
of ,
Party B may expose to the occupational diseases
of ,
and Party A shall take the labor protection of
,
and organize Party B to go for body check-up(s) once
/ twice / ( ) times a
year.
|
| 4. |
Party
B has the right to refuse to engage in dangerous operations forced
upon
him by the management personnel of Party A in violation of the relevant
regulations, and has the right to require Party A to stop the foresaid
act
or report the foresaid acts to administrative
authority.
|
Article
7 Rules and regulations
| 1. |
The
lawful rules and regulations stipulated by Party A shall be publicized
to
Party B.
|
| 2. |
Party
B shall observe the laws and state, provincial and municipal regulations
and the lawful rules and regulations stipulated by Party A, abide
by the
safety rule and ethics, timely fulfill his job assignments and improve
his
vocational skills.
|
| 3. |
Party
B shall observe the laws and state, provincial and municipal regulations
regulation on family planning.
|
Article
8 Modification
The
modification of this agreement shall be agreed upon by both parties through
negotiations and in written form. Each party shall hold a modified
copy.
Article
9 Dissolution and termination of agreement
| 1. |
Party
A and Party B may dissolve the agreement if they so agree upon
negotiations.
|
4
| 2. |
Party
B may dissolve the agreement if he notifies Party A in writing 30
days in
advance. During the probationary period, Party B may dissolve the
agreement if he notifies Party A 3 days in
advance.
|
| 3. |
Where
Party A is under any of the following circumstances, Party B may
notify
Party A to dissolve the agreement:
|
| (1) |
PartyA
fails to provide labor protection or work conditions as stipulated
in the
agreement;
|
| (2) |
Party
A fails to timely pay the full amount of
remunerations;
|
| (3) |
Party
A fails to pay security premiums for Party
B;
|
| (4) |
The
rules and regulations stipulated by Party A are contrary to any law
or
regulation and impair the rights and interests of Party
A;
|
| (5) |
The
agreement is invalid where Party A induced Party B to enter into
or modify
the agreement against Party B’s true intention by fraud or duress, or by
taking advantage of Party B’s
hardship;
|
| (6) |
Party
A disclaims its legal liability or denies Party B’s
rights;
|
| (7) |
Where
Party A violates the mandatory provisions of law or administrative
regulations; or
|
| (8) |
Any
other circumstances prescribed by other laws or administrative regulations
that authorized Party B to dissolve the
agreement.
|
| 4. |
If
Party B forces Party A to work by the means of violence, threat,
or
illegally restraining personal freedom, or violates the safety regulations
to order or force Party B to perform dangerous operations that endanger
Party B’s personal life, Party B may immediately dissolve the agreement
without notifying Party A in
advance.
|
| 5. |
Where
Party B is under any of the following circumstances, Party A may
dissolve
the agreement:
|
| (1) |
It
is proved that Party B does not meet the recruitment requirements
during
the probation period;
|
| (2) |
Party
B seriously violates the rules and regulations stipulated by Party
A;
|
| (3) |
Party
B causes any severe damage to Party A because Party B seriously neglects
his duties or seeks private
benefits;
|
| (4) |
Party
B simultaneously enters other employment relationships with other
employers and thus seriously affects his completion of his job assignment;
or Party B refuses to make the ratification after Party A points
out the
problem;
|
| (5) |
The
agreement is invalid where Party B induced Party A to enter into
or modify
the agreement against Party A’s true intention by fraud or duress, or by
taking advantage of Party A’s hardship;
or
|
| (6) |
Party
B is under investigation for criminal liabilities according to
law.
|
5
| 6. |
Under
any of the following circumstances, Party A may dissolve the agreement
if
it notifies Party B in writing 30 days in advance or after it pays
the
employee an extra month’s salary:
|
| (1) |
Party
B suffers from diseases or non-work-related injuries, and cannot
resume
his original position after the expiration of the prescribed time
period
for medical treatment, nor can he assume any other position arrange
by
Party A;
|
| (2) |
Party
B is incompetent to his position or remains incompetent after training
or
changing the position; or
|
| (3) |
The
objective situation, on which the conclusion of the agreement is
based,
has changed dramatically, and the agreement is unable to be performed
and
no amendment is reached after negotiations between Party A and Party
B.
|
| 7. |
Under
any of the following circumstances, if it is necessary to lay off
20 or
more employees, or if it is necessary to lay off less than 20 employees
but the layoff accounts for 10% or more of the total number of the
employees, Party A shall make a statement to the labor union or all
its
employees 30 days in advance. After it has solicited the opinions
from the
labor union or of the employees, it may lay off the numbers of employees
upon reporting the employee reduction plan to the labor administrative
departments:
|
| (1) |
It
is under revitalization according to the Enterprise Bankruptcy
Law;
|
| (2) |
It
encounters serious difficulties in production and business
operation;
|
| (3) |
The
enterprise changes products, makes important technological renovation,
or
adjusts the methods of its business operation, and it is still necessary
to lay off the number of employees after changing the employment
agreement; or
|
| (4) |
The
objective economic situation, on which the employment agreement is
based,
has changed dramatically and Party B is unable to perform the
agreement.
|
| 8. |
Under
any of the following circumstances, the employment agreement may
be
terminate:
|
| (1) |
The
term of the agreement has expired;
|
| (2) |
Party
B has begun to enjoy the basic benefits of his
pension;
|
| (3) |
Party
B is deceased, or is declared dead or missing by the People’s
Court;
|
| (4) |
Party
A is declared bankrupt;
|
| (5) |
Party
A’s business license is revoked or Party A is ordered to close down
its
business or to dissolve its business entity, or Party A makes a decision
to liquidate its business ahead of the schedule; or
|
| (6) |
Other
circumstances proscribed by other laws or administrative
regulations.
|
Article
10 Pecuniary compensation
| 1. |
Under
any of the following circumstances, Party A shall pay Party B pecuniary
compensation.
|
| (1) |
Party
A terminates the agreement upon the negotiation with Party B as prescribed
in sub-clause 1 of Article 9;
|
6
| (2) |
Party
B terminates the agreement as prescribed in sub-clause 3 and 4 of
Article
9;
|
| (3) |
Party
A terminates the agreement as prescribed in sub-clause 6 of Article
9;
|
| (4) |
Party
A terminates the agreement as prescribed in sub-clause 7 of Article
9;
|
| (5) |
The
agreement is terminated as prescribed in item 1 of sub-clause 8 of
Article
9 except that Party A maintains the original condition or sets stringent
condition for renewing the agreement and Party B does not agree to
renew
the agreement.
|
| (6) |
The
agreement is terminated as prescribed in item 4 and 5 of sub-clause
8 of
Article 9;
|
| (7) |
Any
other circumstances prescribed by other laws or administrative regulations
that authorized the pecuniary
compensation.
|
| 2. |
Where
the parties dissolve or terminate the agreement, the pecuniary
compensation shall be paid as prescribed in Labor
Contract Law
and state, provincial and municipal regulations. Where Party A shall
pay
pecuniary compensation to Party B, it shall pay it when Party B completes
the hand-over procedure.
|
Article
11 Procedure of Dissolution and termination of agreement
When
the
parties dissolve or terminate the agreement, they shall proceed to complete
the
hand-over procedures and Party A shall issue a written certification for Party
B
and transfer Party B’s archives and social insurance.
Article
12 Settlement of disputes
Where
a
labor dispute arises out of this employment agreement, it shall be settled
through negotiation. If no settlement is reached upon negotiation, the parties
concerned may apply with the labor dispute mediation committee or labor union
of
Party A for mediation or may apply with the labor disputes arbitration committee
for arbitration. If no party raises an objection to the arbitration award,
each
party shall fulfill his respective obligations according to the arbitration
award. If the arbitration award is not accepted, the case may be brought before
the people’s court.
Article
13 Other provisions needed to be agreed by the parties:
Article
14 Miscellaneous
| 1. |
Where
matters have not been provided in the agreement or provisions of
this
agreement conflict with the law and regulations in effect, the law
and
regulations in effective govern or prevail.
|
| 2. |
This
agreement shall take effect where the parties set their hands or
seals
hereunto. The agreement is invalid if it is altered or being signed
by
other person without written authorization.
|
| 3. |
This
agreement is made in duplication and each party will hold one
copy.
|
7
|
Party
A (seal):
|
Party
B (signature):
|
|
Legal
representative
|
|
|
(Principal)
|
|
|
Date
:
|
Date
:
|
According
to Article 10 and 16 of Labor
Contract Law,
a
written employment agreement shall be concluded in the establishment of an
employment relationship; an employment agreement shall be agreed with by the
employer and the employee and shall come into effect after the employer and
the
employee affix their signatures or seals to the employment agreement, and each
party shall hold one copy.
Upon
receipt of this employment agreement,
Employee
shall sign his signature here:
| The date of receipt: |
8
[INFORMATION
FOR PURPOSES OF FILING
WITH
THE
SECURITIES AND EXCHANGE COMMISSION]
SCHEDULE
A
EXECUTIVE
OFFICERS TO ENTER INTO THE AGREEMENT
|
·
|
Xxxx
Xxxxxx, Chief Executive Officer and Chairman of the Board of Directors,
is
paid a monthly salary of RMB 11,000, which is approximately
US$1,550.
|
|
·
|
Xxxxx
Xxxxx, Chief Financial Officer, is paid a monthly salary of RMB 15,000,
which is approximately US$2,150.
|
|
·
|
Guo
Mingguo, Vice President, is paid a monthly salary of RMB 7,500, which
is
approximately US$1,100.
|
|
·
|
Wang
Xinggui, Financial Controller, is paid a monthly salary of RMB 5,750,
which is approximately US$800.
|
|
·
|
Tang
Yuchun, Secretary, is paid a monthly salary of RMB 5,000, which is
approximately US$700.
|
|
·
|
Li
Shunde, Director of Research and Development, is paid a monthly salary
of
RMB 18,000, which is approximately
US$2,600.
|
|
·
|
Su
Yang, Director of Marketing, is paid a monthly salary of RMB 3,500,
which
is approximately US$500. She also receives a commission based upon
her
sales performance.
|
9
