Labor Contract
EXHIBIT
10.7
XXX
XXXX
XX NO.:__________
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Party
A: ______________________
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Nature:
______________________________
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Address:
_____________________________________________________
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Party
B: ______________
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Gender:
______________
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Date
of Birth: ______________
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ID
No.: ______________________
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Educational
Level: ______________________
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Address:
_____________________________________________________
This
contract is made by and between the employing work unit (hereinafter referred
to
as “Party A”) and the laborer (hereafter referred to as “Party B”) on the
principle of voluntaries and equality through mutual negotiation in accordance
with Labor
Law of the People’s Republic of China
and
other relevant prescriptions with a view to establish labor relationship and
make clear the respective
rights and obligations between the parties hereto.
ARTICLE
ONE TERM OF LABOR CONTRACT
The
term
of contract shall be year(s)
from this day
of (month), (year)
to
this day
of (month), (year)
including the probation period of month(s).
Flexible
contract shall start from this day
of (month), (year).
ARTICLE
TWO SCOPE OF WORK
As
per
requirements of production (work) and after assessment, Party A hereby desires
to recruit (engage/employ) Party B as worker of its enterprise (work unit).
Party B hereby agrees to work at the post of and
the
branch of work for Party B shall be .
Party
B
should fulfill both the quantity index and the quality index assigned for its
post.
ARTICLE
THREE SOCIAL INSURANCE AND WELFARE
| 1. |
Party
A and Party B must carry social insurances as required by law and
pay the
social insurance premiums in accordance with stipulations of relevant
policy. Party A shall be responsible for handling the payment of
insurance
premiums.
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| 2. |
If
Party B contracts an occupational disease or work-related injury
or
suffers an illness or non-work-related injury, the medical treatment,
hospitalization, alimentary allowances, funeral expenses and pensions
for
his or her direct descents and the treatments after the medical care
for
Party B shall be granted and treated in accordance with relevant
regulations of the State and local
authorities.
|
| 3. |
Party
B is entitled to enjoy legal official holidays and festivals. Should
Party
B be a female, Party A shall act in accordance with prescriptions
concerning protection of female workers to maintain physical health
of the
female worker.
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| 4. |
During
the term of the contract, if Party B lives apart from his or her
spouse,
Party A shall grant Party B with home leaves of day(s)
one time per year provided that Party B has served for that whole
year. If
Party B live together with his or her spouse while his or her parents
live
in other place, Party B shall be granted with home leaves of day(s)
once every four years. Within home leave period, Party B shall be
granted
with monthly wage and various allowances and the traveling expenses
shall
be reimbursed according to relevant stipulations or undertaken by
certain
party concerned.
|
Party
A
shall consider the legal holidays, wedding holidays and funeral holidays when
Party B is having vocation in accordance with relevant prescriptions as paid
vocations.
ARTICLE
FOUR LABOR PROTECTION AND WORK CONDITIONS
Party
A
will provide Party B with production (work) environment and labor protective
measures in accordance with regulations of the State concerning labor safety
and
sanitation.
ARTICLE
FIVE WORKING HOURS AND REMUNERATION
| 1. |
The
work system for Party B shall be as
arranged by Party A.
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| 2. |
When
standard labor time system is carried out, the daily working time
for
Party B as arranged by Party A shall be no more than eight (8) hours
while
the average weekly working time shall be no less than forty (40)
hours.
The work system with integrative computation of work hours or system
of
working at irregular time shall be submitted for approval to labor
administration department prior to its application. Party A may extend
working hours due to the requirements of its production (work) after
consultation with the trade union and Party B, but the extended working
hour for a day shall generally not exceed one (1) hour; if such extension
is called for due to special reasons, the extended hours shall not
exceed
three (3) hours a day. However, the total extension in a month shall
not
exceed thirty-six (36) hours.
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| 3. |
If
the extension of working hours is arranged for Party B, no less than
one
hundred and fifty percent (150%) of normal wages shall be paid to
Party B
by Party A; if Party B is arranged to work in the non-business days
and
Party A fails to make arrangement for Party B to have deferred days
off,
no less than two hundred percent (200%) of normal wages shall be
paid to
Party B; if Party B is arranged to work in statutory holidays, no
less
than three hundred percent (300%) of normal wages shall be paid to
Party
B.
|
| 4. |
Party
A shall pay wages to Party B in accordance with Party B’s present position
and work post and the wages per month for Party B in the probation
period
shall be Yuan. The wages per month after the probation period shall
be
Xxxx. If Party A has stopped work for more than fifteen (15) consecutive
days, Party A shall give basic living allowance of Yuan to Party
B. The
wages shall be distributed once a month by Party A and the payday
shall be
this day in every month. The minimum wage level shall be no less
than the
prescribed amount.
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| 5. |
Party
A may gradually improve Party B’s wage level in view of its business
condition and Party B’s skill proficiency and work
efficiency.
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ARTICLE
SIX WORK DISCIPLINE
Party
A
shall make various rules and regulations and work discipline in accordance
with
relevant laws and regulations and Party B shall strictly comply with such rules
and obey management of Party A.
ARTICLE
SEVEN CANCELLATION AND TERMINATION OF LABOR CONTRACT
| 1. |
This
labor contract may be terminated if mutually agreed by each of Party
A and
Party B upon consultation.
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| 2. |
Under
any of the following circumstances, Party A may terminate this
contract:
|
| (1) |
During
the probation period, Party B fails to meet the conditions of recruitment;
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| (2) |
Party
B seriously breaches labor discipline or rules and regulations of
Party
A;
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| (3) |
Party
B commits a serious dereliction of duty, or takes advantage of his
or her
position for personal ends, resulting in major harm to the Party
A’s
interests; or
|
| (4) |
Party
B’s criminal liability is prosecuted according to
law.
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| 3. |
Under
any of the following circumstances, Party A may terminate this contract
upon thirty (30) days’ prior written notice to Party
B:
|
| (1) |
Party
B contracts an illness or non-work-related injury, and after the
completion of his or her medical treatment, Party B can not engage
in its
original work or in other work arranged by Party
A;
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| (2) |
The
employee is incompetent and remains incompetent after undergoing
training
or after assignment to another post;
or
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| (3) |
Where
performance of this labor contract becomes impossible due to the
major
changes in the objective circumstances upon which this contract was
based
at the time of its conclusion, and consultations between the parties
hereto fail to produce agreement on amendment of this labor
contract;
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| 4. |
Under
any of the circumstances, Party A may not terminate this labor contract
in
accordance with Article twenty-six and Article twenty-seven of
Labor Law of the People’s Republic of China:
|
| (1) |
Party
B has contracted an occupational illness or suffered a work-related
injury
and has been confirmed to have totally or partially lost the ability
to
work;
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| (2) |
Party
B is within the specified medical treatment period for an illness
or
non-work-related injury;
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| (3) |
The
female employee is within any of the pregnant, puerperal or breast-feeding
period; or
|
| (4) |
Other
circumstances provided for under laws or
regulations.
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| 5. |
Party
B may terminate this labor contract upon thirty (30) days’ prior written
notice to Party A.
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| 6. |
Party
B may terminate the labor contract upon notice to Party A at any
time
under any of the following
circumstances:
|
| (1) |
Within
the probation period;
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| (2) |
Party
A forces Party B to work by resorting to violence, intimidation or
illegal
restriction of personal freedom.
|
| (3) |
Party
A fails to pay labor remuneration or to provide working conditions
as
agreed upon in the labor contract.
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| 7. |
This
contract shall terminate upon expiration of its term and may be renewed
upon mutual agreement of Party A and Party B through consultation
due to
the requirements of its production (work). The contract with a flexible
term shall immediately terminate when Party B reaches the statutory
retirement age.
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| 8. |
If
Party B meets the conditions for enjoying living allowances after
the
labor contract is terminated, Party A shall grant such allowances
to Party
B in accordance with relevant
stipulations.
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ARTICLE
EIGHT LIABILITIES FOR BREACH OF LABOR CONTRACT
This
contract shall be strictly complied with by each of Party A and Party B upon
conclusion. Should any party breach this contract, the liability shall be
investigated and fixed in accordance with relevant stipulations and the liable
party shall make compensation for economical losses caused to the other party
in
view of the result and its liability.
ARTICLE
NINE SETTLEMENT OF LABOR DISPUTES
Any
and
all labor dispute arising out of performance of this contract may be submitted
for arbitration to the competent labor dispute arbitration committee. The party
that requests for arbitration shall file a written application to the labor
dispute arbitration committee within sixty (60) days starting from the date
of
the occurrence of the labor dispute.
ARTICLE
TEN
The
matters not mentioned herein shall be carried out in accordance with relevant
laws, regulations and policies of the State.
ARTICLE
ELEVEN
This
contract shall be executed in triplicate, each of Party A, Party B and
verification organization holding one and shall be invalid if altered or
executed by non-duly-authorized representative.
ARTICLE
TWELVE
Other
necessary Items to be agreed by and between the parties hereto:
_____________________________________________________________
_____________________________________________________________
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Party
A (Seal)
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Party
B (Signature and Seal)
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Legal
Representative or
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Authorized
Agent (Signature & Seal)
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Conclusion
Date of Labor Contract: ___________
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Verification
Organization: (Seal)
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Date
of Verification: ____________
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