Guangzhou Dongfang Hospital Employee Contract
Exhibit
10.2.1
Guangzhou
Dongfang Hospital Employee Contract
Party A:
Guangzhou Dongfang Hospital
Party
B: Name:
|
Li
Peiliang Sex: male
|
ID
card No.: 42062519630410151X
|
Job
No.: 00093
|
Inaugural
department:
|
Individual
position:
|
Inaugural
post:
|
|
bone
surgery doctor group
|
This
Contract is made by and between Party A and Party B under the principal of
legality, fairness, equality, free will, consensus and good faith in accordance
with Labor Contract Law of the People’s Republic of China (hereinafter referred
to as Labor Contract Law) and relevant provisions of the State, province and
city.
I
Contract term
The
contract term is from 12 June 2009 to 12 June
2010.
II Job
post, working hour and remuneration
1.
|
Job
post: Party A agrees to engage Party B: his work department: bone surgery doctor
group, post
, title
.
|
2.
|
Working
hour: irregular working system will be implemented. The irregular working
system will be implemented for the post of Party B according to the
particularity of healing the wounded and rescuing the dying of the
hospital, at least one day off per week will be
provided.
|
3.
|
Labor
remuneration: basic wage RMB eight hundred
sixty yuan.
|
III
Welfare treatment
1.
|
Party
A provides Party B with necessary working environment according to the
requirement of the work and operation guidance and post training at 7:30
AM every Monday and 7:00 PM every
Thursday.
|
2.
|
Party
A purchases work injury insurance for Party B according to the provisions
concerning the social insurance of the State and province and
city.
|
IV Labor
protection, labor condition and occupational hazard and prevention
1.
|
Party
A provides Party B with the labor operation place complying with the
national labor and health standard in accordance with the provisions
concerning the labor protection of the State, province and city,
protecting Party B’s safety and health in the production and work
practically. In case there may occur occupational disease hazard in the
process of work of Party B, Party A shall inform Party B of that according
to the facts, and protect Party B’s health and relevant interests
practically in accordance with Law of the Peoples Republic of China on
Prevention and Control of Occupational
Diseases.
|
2.
|
Party
A provides necessary labor protection articles to Party B according to
relevant State regulations, and organize Party B to conduct physical
examination each (year/ quarter / month) according to regulations
concerning labor protection regulations, and the preferential physical
examination fee valued 50 yuan may be
enjoyed.
|
3.
|
Party
A shall do the labor protection work well for the female and minor workers
according to relevant State and local
regulations.
|
4.
|
In
case Party A gives orders in violation of the safety regulations or forces
to risk life to operate, Party B has the right to reject and may terminate
this labor contract at any time. To the act of Party A and its managerial
personnel of ignoring Party B’s safety and health, Party B has the right
to request to correct and prosecute and accuse to relevant
authorities.
|
V
Revision, cancellation and termination of the labor contract
1.
|
The
relevant content of the labor contract may be revised or this contract may
be terminated if the conditions provided in the Labor Contract Law are met
or upon consensus through discussion of both
parties.
|
2.
|
Except
that Party B is unable to take up his job and Party A may adjust his work
content appropriately according to law, for any revision of the labor
contract, both parties shall sign Agreement on Revision of Labor
Contract.
|
3.
|
If
Party B needs to terminates Labor Contract within the contract term, it
shall notify Party A in written form thirty days in advance, and may go
through the off-duty procedure only after obtaining Party A’s
consent.
|
VI
Settlement method of disputes arising from execution of this
Contract
Where
Party B thinks Party A violates his legal interest, it may lodge to Party A
first, or report to Party A’s labor union to seek settlement. In case no
settlement can be reached, it may complain to the nearest labor administrative
department. The disputes arising from execution of this Contract of both parties
shall be settled through negotiation first; in case no settlement can be reached
through negotiation, such case may be applied to the Party A’s labor dispute
intermediation committee for intermediation within 30 days from the date of
occurrence of the dispute, or applied to the arbitration committee for
arbitration within 60 days.
VII Other
matters to be agreed by both parties
Party B
acknowledges and strictly follows Party A’s rules, systems and Employee
Manual.
VIII This
Contract is made in duplicate, each party holding one copy. This Contract comes
into effect automatically only upon being signed by both parties after Party B
registers with the hospital of Party A and obtains the certificate on physical
examination health result. In case the contact fails to come to effect, Party B
will be paid the average daily amount of the wage standard of minimum labor
guarantee of Guangzhou, and such agreement shall come into force immediately
upon signing on this Contract by both parties.
Party A’s
operator Conformed by signature of Party B: Li
Peiliang Printed by: Xxxxx Xxxxxx Page 1 of 1
page
(official
seal):
Operation
date: Date of signing: June 13,
2009 Date of printing: 8:32:35 June 13, 2009
Guangzhou
Dongfang Hospital Supplementary Contract
Party A:
Guangzhou Dongfang Hospital
Party B: Name: Li Peiliang Sex: male |
ID
card No.: 42062519630410151X
|
Job
No.: 00093
|
Inaugural department: bone surgery doctor group |
Individual
position:
|
Inaugural
post:
|
Both
parties agree that in order to ensure the work performance of all departments
and for convenience of management, the education, experience, position, age and
professional title of any one shall only be reference for the inauguration,
unable to be served as the reason for payment of remuneration. The “performance
examination contents” formulated by both parties shall serve as the standard,
and the alert line examination method combining basic wage and basic bonus shall
be implemented.
Article 1
Contract term
The
contract term is from 12 June 2009 to 12 June
2010.
Article 2
Examination bonus
Basic bonus: ¥3150.00
Special bonus: ¥5990.00 Total: ¥9140.00
Article 3
Examination type, item and standard:
1.
|
Examination
type: special
post employee.
|
2.
|
For
examination item and standard, see appendix to the supplementary
contract.
|
Article 4
Special agreements of both parties for the technical administrative personnel at
the department director, head nurse, head of section level or
above:
1.
|
Both
parties agree that Party B describes the next month’s working plan and
step-by-step implementation method through “Guangzhou Dongfang Medical
Group Intelligent Office System” before 0:00 a.m. 26th of each month. The
superior leader of Party A or Party B has the right to modify, review and
confirm according to the target management. If Party B’s monthly plan
fails to be fully reviewed and confirmed by the superior leader of Party B
by 0:00 a.m. 28th of each month, Party A will deduct from Party B’s fruit
fund, imposing a fine amounting to 2.5 percent of total remuneration of
Party B for each day of delayed review by the superior
leader.
|
2.
|
Both
parties agree that Party B describes the next week’s working plan and
step-by-step implementation result through “Guangzhou Dongfang Medical
Group Intelligent Office System” before 0:00 a.m. each Friday. The
superior leader of Party A or Party B has the right to modify, review and
confirm according to the target management. If Party B’s weekly plan and
step-by-step implementation daily result fail to be reviewed by the
superior leader of Party B by 0:00 a.m. Sunday, Party A will deduct from
Party B’s fruit fund, imposing a fine amounting to 2.5 percent of total
remuneration of Party B for each delayed day. In case Party B’s daily
result fails to be implemented according to Party B’s own plan or fails to
be modified timely and accepted by the supervision secretary every day, 10
yuan of fruit fund will be deducted as a fine for each
item.
|
Article 5
Party B shall abide by various system requirements in Employee Manual of Party A
during the work contract term, and Party A’s personnel department strictly
implements various examination bonuses set forth in Article 2.
Article 6
Party B enjoys additional department performance reward each month, which is
paid by the department after unified examination according to the examination
result of the on-job workload of Party B.
Article 7
Party A has the right to investigate Party B’s personal background information
at any time. In case of any objection, Party B shall give a written notice
within 3 days, otherwise, Party B will be deemed to give tacit consent to
agreement.
Article 8
Within the contract term, in case of discrepancy between the effective time of
other contract signed by Party B and Party A and that of this Contract, the time
of this Contract shall prevail. In case relevant wage, post and bonus of both
parties exceed the agreements herein, both parties shall resolve through
discussion. Party B shall not leave his job except that Party B loses labor
capability, and this Contract sets a default fine of Renminbi fifty thousand
yuan.
Article 9
Both parties agree that Party B must carefully read the hospital’s computer
office system: (1) Administrative financial managerial system: a. administrative
office management; b. financial management; c. personnel management; d. routine
work flow management; e. logistic service management; f. vehicle management; g.
operation budget management; h. group bulletin management; (2) Guangzhou
Dongfang Medical Group OA system: 121.12.170. 46:8080l (3) Guangzhou Dongfang
Hospital foxmail free forum system: xxxx.000xx.xxx. Party B must initiatively
and actively accomplish his own job, in case money is required for carrying out
work, Party B shall first fill out compute borrowing flow; in case of
reimbursement, Party B shall fill out computer reimbursement flow as soon as
possible; in case money is not needed but the managerial matters is to be
resolved, Party B shall fill out computer administrative decision formal file as
soon as possible. The above matters are urged once every ten minutes in the form
of short message for examination and approve by directly superior officer. In
case they fail to be resolved after ten times’ urgencies, the directly superior
officer may be complaint. In case the problems are neither resolved nor
complaint to the directly superior officer, the amount of 2.5 percent of the
total remuneration of Party B be deducted as the fruit fund.
Article
10 The personal information of Party B in Article 1 are true, and confirm his
examination wage and bonus, which come into effect after confirmed by Party B’s
signature and official seal of Party A is affixed.
Party A’s
operator Conformed by signature of Party B: Li
Peiliang Printed by: Xxxxx Xxxxxx Page 1 of 2
page
(official
seal):
Operation date: Date of signing: June 13,
2009 Date of printing: 8:33:13 June 13, 2009
Appendix:
Examination Standard and Items
Guangzhou
Dongfang Hospital Supplementary Contract
Party A:
Guangzhou Dongfang Hospital
Party B: Name: Li Peiliang Sex: male |
ID
card No.: 42062519630410151X
|
Job
No.: 00093
|
Inaugural department: bone surgery doctor group |
Individual
position:
|
Inaugural
post:
|
Examination content
|
Examination
percentage
|
Examination
amount
|
Examination standard/alert line
|
||||||
Customer
satisfaction reward
|
15 | % | 1371.00 |
Yellow
complaints of this department each month exceed 4 times
|
|||||
Specialty
subject training employee reward
|
10 | % | 914.00 |
Employee
training time each month less than 8
hours
|
|||||
Clinic
operation flow reconstruction president record-keeping
reward
|
10 | % | 914.00 |
Clinic
operation flow reconstruction each month less than 4
items
|
|||||
Reward
for controlling the existence rate of “Problems”
|
10 | % | 914.00 |
“Problem”
items each month more than 300
|
|||||
Reward
for working out monthly and weekly plans/accomplishing president
record-keeping
|
10 | % | 914.00 |
Acceptances
of superior each month less than 3 times (inclusive)
|
|||||
Full
attendance reward
|
10 | % | 914.00 |
Late
exceed 5 times Absent exceed 1 day Leave early exceed 5 times Leave exceed
5 days Strike exceed 1 time (inclusive)
|
|||||
Gross
profit maintenance reward
|
10 | % | 914.00 |
The
total gross profit of the month less than the last
month
|
|||||
Reward
for development of patients from brother hospital
|
10 | % | 914.00 |
Develop
patients to transfer to his hospital less than 1 case
|
|||||
Safety
reward
|
15 | % | 1371.00 |
Medical
accident exceed 1 time(inclusive) Medical dispute exceed 1 time Medical
error exceed 9
times
|
1.
|
In
the “Examination standard/alert line” of Appendix, if any individual item
of content of each month does not fall within the alert line stipulated,
such reward will be cancelled
automatically.
|
2.
|
In
case of leaving office halfway, the remuneration of Party B will be
calculated and paid at the rate of 50 percent of the aforesaid daily
examination remuneration.
|
Party A’s
operator Conformed by signature of Party B: Li
Peiliang Printed by: Xxxxx Xxxxxx Page 2 of 2
page
(official
seal):
Operation
date: Date of signing: June 13,
2009 Date of printing: 8:33:12 June 13,
2009