English Translation of Employment Agreement
EXHIBIT 10.12
English
Translation of Employment Agreement
Employer
(Party A):
|
Winner
Industries (Shenzhen) Co., Ltd.
|
Address:
|
Winner
Industrial Park, Bulong Road, Longhua, Shenzhen
|
Legal
Representative:
|
Xxxxxxxx
Xx
|
Telephone:
|
0000-00000000
|
Employee
(Party B):
|
Xxxxxxxx
Xx
|
Gender:
|
Male
|
In accordance with the Labor Law of
People's Republic of China (“PRC”) and relevant laws and regulations, both
Parties have reached the following agreement pursuant to the principles of
equality, free will and mutual negotiation:
1.
|
Term
|
1.1
|
Term
of Employment
|
Both
Parties agree that the term of the employment shall be from January 1st,
2008 to January 1st, 2011.
|
|
1.2
|
Term
of Probation
|
There
is no probation period.
|
|
2.
|
Work
Position
|
2.1
|
The
work position of Party B will be president of Party A.
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2.2
|
The
work duty of Party B is to be in charge of the projects management and
construction of Party A.
|
2.3
|
This
Agreement shall be amended in case that Party A intends to adjust the work
position of Party B. Both Parties shall reach and sign the relevant
written agreement or letter of notifications which shall be attached to
this Agreement.
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2.4
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A
supplementary agreement shall be signed in case that Party A intends to
second Party B to work in other entities.
|
3.
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Work
Time
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3.1
|
The
work time shall be standard work time: 7.5 hours per day and 40 hours per
week with at least one day break for each week;
|
3.2
|
For
any overtime working for the purpose of production or operation of Party
A, provisions of Article 41 of the Labor Law shall
apply.
|
4.
|
Salary
|
4.1
|
The
salary of Party B for his normal work time (no more than 20.92 days each
month) shall be calculated in accordance with the relevant provisions of
the Administrative Manual for Remunerations of Party A.
|
4.2
|
The
pay day shall be the 15th day of each month. Party A shall pay the salary
in cash at least once a month and shall not withhold and reduce Party B's
salary without justifiable reasons.
|
4.3
|
The
overtime work pay, holiday pay and salary under other special
circumstances of Party B shall be carried out in accordance with the Rules
on the Salary Payment for Employees in Shenzhen and other relevant PRC
laws and regulations.
|
5.
|
Labor
Protection and Labor Conditions
|
5.1
|
Party
A shall provide Party B with safe and healthy labor conditions and
necessary labor protection equipments as legally
required;
|
5.2
|
Party
A shall arrange free medical examination for Party B once a
year;
|
5.3
|
Party
B is entitled to refuse to obey Party A's orders which are in violation of
relevant laws and may be hazardous to health and safety and is entitled to
demand Party A to correct its action or report to competent
authorities.
|
6.
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Social
Insurance and Welfare
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6.1
|
Party
A shall purchase social insurance for Party B in accordance with relevant
laws. In case of breach of this obligation by Party A, Party B is entitled
to report to social insurance administrative authority for proper
treatment.
|
6.2
|
In
case of illness or industrial injury of Party B, Party A shall grant Party
B medical treatment break in accordance with PRC laws and shall pay salary
for the period of medical treatment break in accordance with the Rules on
the Salary Payment for Employees in Shenzhen. If Party A fails to purchase
medical insurance for Party B, Party A shall pay for the medical treatment
as required by the relevant medical insurance rules.
|
6.3
|
In
case of occupational disease, industrial injury or decease caused by work
of Party B, Party A shall carry out its obligations under the Law of
Prevention and Treatment of Occupational Disease, Rules on Insurance for
Industrial Injury and other relevant PRC laws and
regulations.
|
6.4
|
Party
A shall grant Party B national holiday, maternity leave, annual leave,
family reunion leave, wedding leave and funeral leave etc and pay salary
for such period in accordance with relevant PRC law.
|
7.
|
Work
Discipline
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7.1
|
Party
A shall notify Party B with all the rules and regulations which are
established by Party A through due procedures and in accordance with
national and provincial laws and regulations. Party A is entitled to
examine, assess the implementation of such rules and regulations by Party
B and grant award or punishment accordingly.
|
7.2
|
Party
B shall abide by the relevant national, provincial and municipal laws and
regulations and the rules and regulations of Party A as mentioned in the
above clause. Party B shall abide by the safety operation procedures and
complete his work assignment on time.
|
7.3
|
Party
B shall abide by the relevant national, provincial and municipal rules on
family planning.
|
8.
|
Amendment
|
8.1
|
Any
Party who intends to amend this Agreement shall notify the other Party in
writing.
|
8.2
|
This
Agreement may be amended by both Parties through due
procedures.
|
9.
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Termination
before Expiry
|
9.1
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The
termination of this Agreement before expiry by both Parties shall be
carried out in accordance with relevant laws and regulations and Party A
shall pay the compensation to Party B if it is so required by
laws.
|
9.2
|
Both
Parties shall go through the relevant procedures within 3 days after the
termination of this Agreement.
|
10.
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Termination
|
10.1
|
This
Agreement shall terminate upon expiry of its term or under other
circumstances as agreed by both Parties.
|
10.2
|
Party
A shall notify Party B in writing of its intention to renew or terminate
this Agreement before the expiry of this Agreement. Both Parties shall
complete the due procedures to renew this Agreement 30 days in advance
before the expiry date or complete the due procedures to terminate this
Agreement within 3 days after the expiry date of this
Agreement.
|
11.
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Breach
of Contract
|
11.1
|
In
case that Party A fails to perform its obligations in accordance with the
relevant laws, it shall be deemed as breach of contract by Party A. Party
B is entitled to demand compensation in accordance with the Labor Law and
terminate this Agreement;
|
11.2
|
Party
B shall fully perform its duties, complete his work assignment and abide
by this Agreement and work disciplines. In case of breach of the above
obligations by Party B, Party B shall bear the liabilities accordingly and
Party A is entitled to terminate this Agreement.
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12.
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Dispute
Settlement
|
Any
labor dispute between the Parties shall be settled first by friendly
consultation, and then be submitted to the Labor Dispute Mediation
Commission of Party A for mediation. In case that the dispute cannot be
settled by mediation, such dispute shall be submitted to the local Labor
Dispute Arbitration Commission for arbitration within 60 days after the
occurrence of the dispute. Either party may also submit the dispute for
arbitration directly. Any Party may submit the dispute to the People's
Court within 15 days if it is not satisfied with the arbitration
award.
|
|
13.
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Other
Issues
|
N/A
|
|
14.
|
For
any unaddressed issues or any clause of this Agreement which is in
conflict with current PRC laws and regulations, provisions of the current
laws and regulations shall apply.
|
15.
|
This
Agreement shall come into effect once it is signed or stamped by both
Parties.
|
16.
|
This
Agreement has two originals and each Party shall hold one
original.
|
Party
A:
|
Winner
Industries (Shenzhen) Co., Ltd.
|
Legal
Representative:
|
Xxxxxxxx
Xx
|
Party
B:
|
Xxxxxxxx
Xx
|
Date:
|
January
1st, 2008
|