Employment Contract
EXHIBIT
10.18
Employment
Contract
Party A
(Employer): Tianwei International
Development Corporation
Legal
Representative: Xxxxxxxx
Xx
Party B
(Employee):
Li
Jiawei
Gender:
Male
Date
of Birth:
April 1982
Nationality:
Han
Educational
Background:
ID
No.:
372922198204024012
Home
Address:
Zip Code: Tel:
This
Contract is hereby concluded by and between Party A and Party B in accordance
with applicable laws and policies on the basis of equality, voluntariness and
consensus.
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I.
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Term
of Employment Contract
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This
contract is an open-ended employment contract commencing from January 1, 2010 , unless
statutory or agreed conditions for contract discharge/termination
occur.
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II.
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Post
& Performance Indicator
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As
agreed, Party B shall hold the position of marketing . Party B
shall accomplish his/her tasks according to the job duties.
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III.
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Labor
protection and Working Conditions
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Party A
shall provide Party B with necessary work environment consistent with the
national, provincial and municipal provisions in regard to production, safety,
labor protection, sanitation and health, and ensure Party B working in a safe
and healthy environment.
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IV.
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Remuneration
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The
monthly base salary of Party B is RMB 6015.00 during service
period (Annual review may be made in consideration of performance and general
level of market prices).
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V.
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Rights
& Obligations of Party A
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A.
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Rights
of Party A
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1.
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In
accordance with relevant state provisions, rules and regulations
established by Party A, Party A shall exercise management right, appraisal
right and the right to reward and
punishment.
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2.
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Party
A is entitled to adjust Party B’s post for business needs during service
period.
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3.
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Party
A may inform Party B of terminating this employment contract at random
with no limitation of 30-day advance notification under any of the
following occasions:
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(1)
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Party
B is considered not meet the post requirements during the probationary
period;
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(2)
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Party
B is found engaged in production and business service activities for
himself/herself or for his/her relatives or friends during the period of
silk leave, personal leave, extended maternity leave, medical treatment
period or full-time study
period;
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(3)
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Party
B severely violates work responsibility or regulations prescribed by Party
A;
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(4)
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Party
B has caused grave losses to Party A due to serious dereliction of duty or
engagement in malpractice for selfish
ends;
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(5)
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Party
B is investigated for criminal responsibilities in accordance with the
law;
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(6)
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Party
B has been reviewed incompetent for six months in a
role; and
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(7)
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Party
B is unqualified for this post and refuses to accept other
arrangement.
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4.
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Party
A is entitled to terminate this employment contract but a written
notification shall be given to Party B 30 days in advance under any of the
following occasions:
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(1)
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Where
Party B is unable to take up his original work or any new work arranged by
Party A after completion of his/her medical treatment for illness or
injury not suffered at work;
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(2)
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Party
B is unqualified for his/her work and remains unqualified even after
receiving a training or an adjustment to any other work
post;
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(3)
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No
agreement on modification of original employment contract can be reached
through consultation by the parties involved when the objective conditions
taken as the basis for the conclusion of the contract have greatly changed
so that the original contract can no longer be carried out;
and
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(4)
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During
the period of statutory consolidation when Party A comes to the brink of
bankruptcy or runs into difficulties in production and management,
reduction of its personnel becomes really
necessary.
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5.
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Where
Party B causes any loss to Party A during the engagement period due to
his/her violating law or discipline or other misconducts, Party A is
entitled to demand Party B bearing corresponding compensation
liabilities.
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B.
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Obligations
of Party A
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1.
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Party
A shall abide by state’ laws, provisions and policies, respect employees’
mastership position, create an environment favorable for staff playing
their enthusiasm and creativity;
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2.
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Party
A is responsible for offering in-house education and trainings concerning
political ideology, professional ethics, technical know-how, business
management, law and discipline, rule and
regulation;
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3.
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Party
A shall not terminate this contract according as Subparagraph 3 of
Paragraph 1 of Article 5 hereof under any of the following
conditions:
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(1)
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Party
B is confirmed to have lost the ability to work due to occupational
diseases or injuries suffered at
work;
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(2)
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Party
B is receiving medical treatment for diseases or injuries within the
prescribed period of time; and
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(3)
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Other
circumstances stipulated by laws, administrative rules and
regulations.
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VI.
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Rights
& Obligations of Party B
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A.
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Rights
of Party B
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1.
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Party
B may enjoy the rights of taking part in democratic management, winning
political honor and material
incentive;
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2.
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Party
B is entitled to enjoy labor protection, labor insurance, welfare
treatment;
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3.
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Party
B may apply for extension of medical treatment if needed;
and
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4.
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Party
B may notify at random Party B of revoking this contract in any of the
following occasions:
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(1)
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Where
Party A forces Party B to work by resorting to violence, intimidation or
illegal restriction of personal freedom;
or
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(2)
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Party
A fails to pay Party B remuneration or to provide working conditions as
agreed upon in the employment
contract.
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B.
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Obligations
of Party B
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1.
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Party
B shall accomplish tasks or targets on time, with high quality and agreed
quantity and accept assessment performed by Party
A;
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2.
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Party
B shall consciously maintain the image and benefits of Party A and shall
not expose misconducts detrimental to the image and benefits of Party
A.
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3.
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Party
B shall carry out business in the name of an employee of Party A and obey
the management of Party A.
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4.
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Party
B may inform Party A in written form 30 days in advance of terminating
this employment contract for his/her personal reasons. Otherwise, Party B
shall bear the corresponding legal
responsibility.
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VII.
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Labor
Insurance, Welfare and Benefits
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Both
Party A and Party B shall participate in social insurance and pay social
insurance premiums monthly in accordance with the law. Party A may deduct
premiums of the individual part from Party B’s salary on behalf of the
latter.
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VIII.
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Liability
for Breach of Contract
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1.
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Upon
concluded, both parties concerned shall strictly exercise this contract
and shall bear breach liabilities by paying the other party a compensation
of RMB
10,000.00. Where losses are caused, compensation shall depend on
consequences and liabilities.
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2.
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During
the service period, where Party B has received vocational training funded
by Party A or has been introduced with compensation, if he/she intends to
terminate this contract before the service period expires, he/she shall
pay a compensation according as the factual training fee or introduction
fee, with a 20% decrease progressively
year-on-year.
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3.
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The
economic damages and economic compensation for breach or termination of
this contract may comply with applicable state’s provisions. Party A shall
make one-off payment to Party B on the condition that both parties
terminate this contract.
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4.
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Due
to the force majeure, causing the non-performance or the damages to either
party, the other party may not undertake the breach
liability;
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IX.
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Procedures
for Terminating This Employment
Contract
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As
agreed, both parties deem the following procedures fair and
rational.
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1.
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Submit
a written notice;
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2.
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Fill
in Notice of Employee Termination;
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Return
back all kinds of documentation, materials, communications equipment, labor
tools, housing, transportation means, and other properties owned by Party A.
Make compensations for loss or damage.
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3.
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Handover;
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4.
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Pay
penalty and compensation;
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5.
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Party
A may issue certification of termination or discharge of this
contract;
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6.
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Go
through transfer of household filing, personnel file and social
insurance.
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The
employment relationship between both parties shall be terminated on the 31st day
commencing from the written notification of Party B. Where Party B fails to
undergo dismissal formalities for personal reasons, the time for transaction may
be postponed, while Party B shall undertake the corresponding
losses.
However,
where the delay is caused by Party A, Party A shall go through relevant
formalities and compensate for Party B’s losses.
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X.
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For
matters not covered by this contract, decisions shall be made by reference
to applicable laws, provisions, regulations and
policies
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Party A
(Seal):
Tianwei International Development
Corporation
Representative:
January 1, 2010
Party B
(Signature):
Li Jiawei
January 1, 2010
