Employment Contract
Exhibit
4. 11
Party
A: Ossen Innovation
Materials Co., Ltd.
Party
B: Name: Xxxxx
Xxxx
Gender:
Male
ID No.:
310104196803084829
Address: Xx.00,
Xxxxxxx Xxxx, Xxxxx Xxxxxxxx, Xxxxxxxx, X.X.X
Tel.:
In
accordance with the Labor Law of the People's Republic of China, Party A and
Party B hereby agree to conclude the employment contract through equivalent
negotiations.
I.
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Term
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The valid
term of the employment contract is three years, from October 7, 2008 to October
6, 2011.
II.
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Position
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Party B
agrees to undertake the position of Chairman as per the needs of Party A. Party
A may adjust the department and the position of Party B based on its production
and work needs or the capability and performance of Party B. Party B must follow
the arrangement of Party A unless there is any special conditions.
III.
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Obligations of both
Parties
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(I)
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Obligations
of Party A
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0.Xx give
education and training to Party B on politics, occupational morale, technical
business, safety production, laws and regulations and various
policies.
0.Xx
stipulate the scientific and reasonable technology, techniques, quality,
consumption standards and the relevant work standards to appraise the
performance of Party B.
0.Xx pay
remuneration based on the relevant rules of the enterprise when Party B finishes
the production tasks; and render the necessary material and spiritual awards
where Party B makes significant contributions to the enterprise.
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(II)
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Obligations
of Party B
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0.Xx
complete the production and work tasks and reach the stipulated targets or
standards as per the regulations and requirements of Party A.
0.Xx have
the spirit of ownership with high sense of liability, maintain the interests of
the enterprise and fight against all the bad acts.
0.Xx
strictly follow the state laws, regulations and policies, to implement
administrative management on Party B according to the applicable state rules and
enterprise policies, to accept the awards and punishment, abide by the various
policies and principles of Party A, obey the management, education and
allocation by Party A, to keep the matters of Party A confidential and to
maintain the interests of Party A.
0.Xx keep
and maintain all the production equipment, installation devices and production
facilities provided by Party A, to care about the public welfare facilities to
save the raw materials and energy.
0.Xx
carry out production safely.
0.Xx
cooperate with Party A and properly dispose the matters after the employment
contract is rescinded or terminated.
IV.
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Work conditions and
labor protection
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(I) Party
A must provide Party B with such sanitary working environment as may be
consistent with the state rules to ensure the personal safety of Party B and to
prevent the personnel of Party B from working under dangerous
environment.
(II) Party
A provide the necessary labor protective materials to Party B based on the
actual conditions of the position of Party B.
(III) Party
A is obligated to give education to Party B on work safety and sanitation and
Party B must improve its sense of risk control and strictly follow the
procedures of Party A on risk control and safety operation.
V.
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Remuneration
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(I) Party
A shall pay the remuneration to Party B in monetary way on a monthly basis
according to the applicable state regulations and the rules of Party B on salary
management. The basic salary of Party B is 0000 XXX based on the current salary
rules of Party A.
(II) Party
A will distribute the salary on the 20th day of
each month, or the latest working day before the 20th day if
the 20th day is
holiday or vocation.
VI.
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Change, rescission,
termination and renewal of employment
contract
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(I) In
case of any change to the laws, administrative regulations and policies, based
on which the employment contract is concluded, the employment contract must be
amended accordingly.
(II) The
parties may change or rescind the contract upon the mutual agreement by the
parties.
(III) Party
A may terminate the employment contract without any liabilities if Party B is
involved in any of the following conditions:
0.Xxxxx B
submits to Party A fraudulent identity materials, title or capability
certificates or other important materials and information, or conclude the
contract in the way of fraudulence.
0.Xxxxx B
materially violates the principles or regulations of Party A in such a way as
may materially impair the interests of Party A.
0.Xxxxx B
seriously neglect its duties, seeks for personal interests in such a way as may
materially impair the interests of Party A.
0.Xxxxx B
discloses the trade secrets of Party A in such way as may materially impair the
interests of Party A.
0.Xxxxx B
is legally investigated for his criminal liabilities.
0.Xxxxx B
is unable to undertake his work agreed in the contract or the adjusted work
after training or position adjustment.
0.Xxxxx B
is unable to carry out his original work or the work arranged by Party A after
the expiration of the medical care period due to illness or non-work-related
injury.
(IV) Where
Party B intends to terminate the employment contract, Party B must notify Party
A in writing thirty days in advance and the employment contract may not be
terminated unless and until Party B finishes all the existing businesses,
settles the credits and credits and completes all the relevant handover
formalities; provided that Party B must still undertake the corresponding
liabilities for breaching the contract in this case.
(V) Party
B may terminate the employment contract by notifying Party A without liabilities
if Party A is involved in any of the following conditions:
0.Xxxxx A
compels Party B by violent or threatening method or by illegally restricting the
personal freedom of Party B;
0.Xxxxx A
fails to pay the remuneration or provide the relevant conditions as per the
employment contract;
(VI) The
employment relationship between the parties is terminated upon the expiration of
the employment contract. Party A and Party B may renew the employment contract
upon mutual agreement.
(VII) Where
the contract is terminated or rescinded, Party B must hand over all the work he
has completed or is undertaking to Party A within seven days, settle all the
credits and debts , completes all the handover formalities and return to Party A
all the properties, tools, technical materials and other assets of Party A,
which are delivered by Party A to Party B for use or maintenance during the
performance of the employment contract, and give the indemnification in case of
any loss.
VII.
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Miscellaneous
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1.The
rules and regulations of Party B have the binding force on both parties of the
employment contract.
2.Matters
not mentioned herein must be subject to the applicable laws and regulations of
the state and the government.
3.The
employment contract is made in two counterparts. Each party holds one
counterpart. The employment contract takes effect from the time when it is duly
executed. Both counterparts have the same legal force and effect.
Party
A: (seal)
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Party
B: Xxxxx Xxxx (signature)
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Date
of execution
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Date
of execution: Oct. 7,
2008
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