Labor Contract Attention
Exhibit
10.5
Attention
| 1. |
This
labor contract is according to “Chinese Labor Law” and referring to
provisions of labor bureau and Yunnan
province.
|
| 2. |
The
contract has to be signed with the agreement which both employee
and
employer negotiate under the relevant law and regulation; the specific
documents have to be established.
|
| 3. |
This
contract have to be signed with pen or writing brush and if there
is any
additional information which could be added in loose-leaf; could
be
written or printed by company. The seal and signature are necessary.
Requiring a clear writing and the information filled cannot be altered.
Altered information or delegated signature is not
accepted.
|
| 4. |
The
contract will make the legal effectiveness after signing and both
employee
and employer have the legal
responsibilities.
|
| 5. |
Both
employee and employer should keep this
contract.
|
| 6. |
In
the duration of the contract, there’s any change necessary or extension
should have the agreement of employee and
employer.
|
| 7. |
It
is tort without the permission of Province Labor Bureau and the Social
Guarantee Office for the using of this
contract.
|
| 8. |
The
technology appeared in the contract are in charge of Province Labor
Bereau
and Social Guarantee Office.
|
EMPLOYER
BASIC BACKGROUND
NAME:
Kunming
Shenghuo Pharmaceutical (Group) Co. Ltd
ADRESS:
No.
2,
Jingyou Road, Kunming National Economy and Technology Development
District, Kunming, PRC.
NATURE
OF
EMPLOYER: Limited
Company
LEGAL
REPRESENTATIVE:Lan
gui
hua
EMPLOYEE
BASIC BACKGROUND
NAME:Gao
xxxxx
xxx
GENDER:female
DATE
OF
BIRTH:15/4/1967
NATION:
People
’s
Republic of China
HEALTH
CONDITION: Well
SCHOLLING
CONDITON: junior
college
NATIVE
PLACE: Kunming
,Yunnan
IDENTIFY
NUMBER:530103670415032
BEGINNING
DATE OF WORK:11/1991
CERTIFICATION
& QUALIFICATION: accountant
MAJORITY
ADVANTAGES: financial
management
ADDRESS:
Xxxx
xxx
District, Kunming, PRC.
MARRIAGE
CONDITION: In
double
harness
NAME
OF
PARTNER: Zhu
si
cong
FORMER
COMPANY NAME: Kunming
Pan long commercial Mansions.
PERSONAL
CV:
11/1991---3/2000:
Kunming Pan long commercial Mansions.
12/2004---
: Kunming Shenghuo Pharmaceutical (Group ) Xx.XXX
COMMENT: She
does
well in financial management
| 1. |
DURATION
OF THE CONTRACT
|
With
fixed duration: this contract duration time begins from [ 3/12/2004
] to
[
2/12/2009
]. The
duration period is [ 5
]
years.
| 2. |
Content
of the Job
|
Title
arranged by employer is:financial
executive of the group and xxxx of the financial management center
With
the
necessary of the employer and the agreement of employee, the title could be
changed.
| 3. |
Obligation
of Employer
|
| 1. |
Following
to the legal provisions, regulations, etc. to guarantee the right
of the
employees.
|
| 2. |
Paying
the insurance for employees under the provisions of labor law and
the
part, which should be paid by employees could be deduct from the
salary
and employer is responsible to explain relevant information to
employee.
|
| 3. |
Providing
the safe environment and protected facilities in workplace, and according
to the relevant provision, employer should provide a certain amount
of
money for food and healthy of employee. And with some dangerous position,
the periodic physical examination is
required.
|
| 4. |
Employer
provides the safe training, and other necessary training for specific
positions.
|
| 4. |
Obligation
of Employee
|
| 1. |
Following
to the legal provisions, regulations, etc, to guarantee the right
of the
employers.
|
| 2. |
Complying
with policy of employer compiled, which is under the legal provision
and
regulations.
|
| 3. |
Keeping
the business secret if not, making the lose of the employer, the
employee
have to pay the economic
compensation.
|
| 4. |
Be
responsible for the work obligation, protecting the facilities and
utilizes; keeping the standards of time, quality and quantity for
the work
target.
|
| 5. |
Working
Time and Holiday
|
According
to the provisions of Chinese Labor Law Section 4, differ to different work
position and titles.
| 6. |
Salary
and Payment
|
1.
After
employee finished the work target in the legal work time, employer have to
pay
the amount which cannot be lower than the province minimum amount of money
in
currency. In the duration of the contract, the employer must pay the amount
of:
post
wage
+ technology grade wage=Basic wage(produce dividend or sales dividend are
exceptions) to
employee.
2.
Without the responsibility of employee for stopping work, in the duration
period, employer have to pay the money to keep the basic life expenditure of
employee, and the level of amount cannot be lower than the standard of local
government set.
3.
During
the work time, employer can change the payment according to the contribution
of
employee.
| 7. |
Insurance
and Staff Welfare
|
In
the
contract duration, if employee get the disease, injury suffered on job, and
get
occupancy sick, retired, death and be pregnant etc. the employee
have the right to enjoy the relevant welfare according to the national law
and
regulation.
| 8. |
Termination
and Extension of
Contract
|
| 1. |
In
the contract duration, if both employer and employee intend to stop
contract, they have to follow the relevant provision of Chinese Labor
Law.
|
| 2. |
According
to the Section 26 and Section 27 of Chinese Labor Law, Employer wants
to
stop the contract, employer has to give employee the economic
compensation.
|
| 3. |
Natural
terminate the contract which employer is National Incorporate, the
employer has to pay the economic compensation to
employee.
|
| 4. |
After
the negotiation of terminate the contract, if it is the requirement
of
employee, the employer do not need pay economic compensation to employee
if it is the requirement of employer, and employer has to pay a certain
amount of economic compensation to
employee.
|
| 5. |
According
to the provision in section 29 in Chinese Labor Law, certain circumstances
the employer cannot have the requirement of termination of
contract.
|
| 6. |
Before
the ended time of fixed duration contract 30 days, employer and employee
should sign the extension contract.
|
| 9. |
With
the Agreement of Employer and Employee, (“tick”)
|
a.
Loose-leaf b.
none
| 10. |
Breaking
of Contract
|
| Employer or employee break the contract, should be responsible for: |
| 1. |
Employer
reduce the salary or refuse to pay the wage to employee or illegal
over-time work target to employee, without the payment the employee
should
receive, the employer has to pay the certain amount of economic
compensation.
|
| 2. |
After
the training which is provided by employer, employee has the
responsibility to finish the work target for employer, if employee
require
to terminate the contract within the duration time employee must
pay for
the training compensation. The specific information of training should
be
clarified with negotiation; referring to the relevant provision of
law and
regulation without negotiation.
|
| 3. |
Employee
and Employer can negotiate the amount of compensation should be paid
if
one breaking the contract; referring to the relevant provision of
law and
regulation if without negotiation.
|
| 4. |
The
specific method of keeping business secret could be negotiated; referring
to the relevant provision of law and regulation if without
negotiation.
|
| 11. |
During
the Contract period, if there is any labor dispute, employer and
employee
should negotiate and have an agreement for solution; referring to
the
legal process without the agreement.
|
| 12. |
During
the contract period, any part should follow the latest amended provision
of law and regulation.
|
| Employer: Seal | Employee: Seal, Gao xxxxx xxx |
| Legal Representative: Seal, Lan gui hua | |
| Date of Contract: 3/12/2004 |
Discriminate
and Confirm Comment:
Discriminate
and Confirm Office: Seal
The
people for Discriminate and Confirm:Seal
Date
of discriminate and Confirm:
3/12/2004
