Labor Contract
Party
A:
Taian Ruitai Cellulose Co., Ltd
Authorized
Representative: Lu Xingfu
Party
B:
Ma Gang
| Sex: |
Male
Education Level:
Undergraduate
Birth Date: January 29, 1973
|
ID
Card
Number: 370922197301296937
Address:
Family Member Courtyard, Taian Ruitai Cellulose Co., Ltd
1. This
Contract is executed in accordance with the Labour Law of People's Republic
of
China and Labour Contract Regulation of Shandong Province.
In
the
principle of mutual equality and voluntary basis, and through friendly
negotiation, both Party A and Party B agree to sign the labor contract subject
to the following terms and conditions:
2. Term
of
the Contract
The
term
of this contract is for ten years and shall commence on October 6, 2000, and
shall continue until October 6, 2010.
3. Job
Description and Working Conditions
1) Party
B
agrees to engage in financial work for Party A according to the requirements
of
Party A and fulfill the working task, quality and quantity index as required
by
Party A.
2) Party
A
shall, according to the specific requirements of the post, provide Party B
with
proper labor security and sanitary conditions and necessary labor protection
articles in conformity with the stipulation of the country, reasonable equip
Party B with necessary working instruments, and offer secure and healthful
working environment to Party B.
The
working hours of Party B shall be subject to the provisions set forth by Party
A.
4. Rights
and Obligations of Party A
1) Obligations
of Party A
a) Abide
by
the laws, rules, regulations and policies of the country, respect the staff’s
spirit of ownership, and develop an enterprise environment benefit to give
full
play to staff’s initiativeness and creativity.
b) Take
the
responsibility to offer Party B with education and training services in respects
of politics and ideology, professional ethics, business technology, secure
production, law and discipline compliance and Company’s bylaws.
c) Establish
and improve the staff representative conference and other democratic
administration system, ensure and give incentive to the participation of staffs
in democratic administration of Company, supervise the administrative work
of
the Company, and protect the legal rights and benefits of all
staffs.
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d) Party
A
shall pay a monthly remuneration to Party A in full and on time and shall also
provide Party B with relevant insurance and welfarisim treatment. Furthermore,
Party A shall strictly follow the lowest salary insurance system as stipulated
by the country and the government. Matters regarding to employee's pension
insurance shall be governed in accordance with the current applicable provisions
of the country.
e) Party
A
shall strictly abide by the working hours system carried out by the country.
In
case of the production requirements, the working hours may be extended with
the
prior approval of labor union and Party B, but it shall not violate any
applicable provision of the country and additional salary shall be paid to
Party
B for his overtime work.
f) Party
A
shall not terminate the labor contract herein in case that Party B suffers
from
any of the following circumstances:
i. This
labor contract has not expired and Party B is not subject to the satisfaction
of
terms and conditions for the termination of the labor contract as set forth
in
Article 4, 2)
c)
herein;
ii. Party
B
has had an occupational disease or injured when working for Party A and has
been
identified as disabled or partially disabled;
iii. Party
B
becomes sick or suffers injuries, which is within a prescribed medical treatment
period;
iv. Female
staff is on pregnancy, maternity or nursing leave;
v. Other
circumstance as may specified by laws, rules and regulations.
1) Rights
of
Party A
Party
A
will perform the management work and carry out the system of reward and
penalties in accordance with the relevant provisions of the country and bylaws
legally prepared and implemented by the Company. During the term of this labor
contract, Party A may, as it may be required by the production demand and agreed
by both parties, reasonably adjust the working post of Party B or designate
Party B to be engaged in other temporary and special works.
Party
A
may terminate the labor contract herein if Party B is subject to any of the
following circumstances:
a) Party
B
is proved to have not met the hiring conditions during the probation
period;
b) Materially
violate relevant labor disciplines or bylaws of Party A;
c) Party
B
neglects his duty and is engaged in malpractice for personal gains, causing
substantial loss to Party A;
d) Party
B
is held criminally liable or under reeducation through labor in accordance
with
law;
e) In
the
event that Party B becomes sick or suffers non-work related injuries, after
Party B's medical leave has ended, Party B still has not recovered, or although
Party B has recovered, Party B cannot perform the work on the original duty
post
or any other work arranged by Party A;
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f) In
the
event that Party B is not competent for his/her work, after being trained or
adjusted to change for another working post, Party B still can not be competent
for such new work;
g) There
have been major changes to in objective circumstances used as the basis for
the
execution of this Contract, rendering it impossible to perform the original
Contract, and the parties are still not able to reach an agreement on changes
to
this Labor Contract after their consultations;
h) Party
A
is under the process of bankruptcy and reorganization or Party A confronts
with
business operation difficulty and staff cut-off is actually needed.
Party
A
shall give 30 day’s prior notice to Party B if Party A intends to terminate the
contract herein according to the stipulation of e), f), g) or h) of this Article
above
5. Rights
and Obligations of Party B
1) Abide
by
the laws, rules, regulations and policies of the country, cultivate the staff’s
spirit of ownership, and protect the benefits of the country and Party
A;
2) Exert
great efforts to participate in the educational and training program offered
by
Party A with regard to politics and ideology and professional ethics, etc.,
follow the labor security and sanitation rules and procedure, and abide by
labor
disciplines and professional ethics;
3) Accept
and use great efforts to complete the production and working task designated
by
Party A, reach the relevant indexes set forth by Party A, and constantly upgrade
the business technologies;
4) Abide
by
various rules and bylaws as stipulated by Party A and be subject to the
leadership and management of Party A;
5) Perform
other obligations as described by laws, rules and regulations;
6) Party
B
shall not bring forward the termination of this contract under any of the
following circumstances:
a) Party
B
has received the training programs sponsored by Party A and has not fulfilled
the service term as described herein;
b) Party
B
is responsible for important tasks in connection with production, business
operation, and scientific and research work, which has not been
completed;
c) Party
B
is subject to economic indemnification claim, economic penalty or law and
discipline punishment, which has not been settled up.
2) Rights
of
Party B
a) Right
of
being legally paid for labor services rendered;
b) Right
of
rest;
c) Right
of
acquirement of insurance and welfarism treatment, promotion reward, labor
security and sanitation protection, and professional technology and skill
training.
d) Right
of
submission of labor disputes for settlement;
e) In
case
that relevant authorities has confirmed that the labor security and sanitary
conditions are so bad as to do xxxxx to the health of staffs, and Party A dose
not adopt any necessary measure to make improvement in this regard, Party B
has
the right to refuse the works arranged and offered by Party A.
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f) In
case
that this labor contract is terminated in accordance with the laws, rules or
regulations, Party B shall be entitled to be provided with a lump sum economic
compensation and other indemnifications for medical expenses, etc.
g) Other
rights as may be described by laws, rules and regulations;
h) Subject
to any of the following circumstances, Party B may notify Party A of the
termination of this contract:
i. Within
the probation period;
ii. Party
A
forces Party B to perform labor through force, threat or illegal restriction
on
Party B's personal freedom;
iii. Party
A
fails to pay labor compensation or provide work conditions as set forth
herein;
Except
for the provision h) of Article 2) of this Article 5, Party B shall give 30
day’s prior notice to Party A in writing in case that Party B intends to
terminate this contract pursuant to relevant provisions herein.
6. Upon
the
expiry of this labor contract, the employment relationship between Party A
and
Party B shall terminate, and a corresponding procedure for this termination
shall go through. The labor contract of the two parties hereto may also be
extended as agreed by both parties, and in case that any party intends to extend
the labor contract, it shall notify the other party in writing 30 days prior
to
the expiry of this contract.
7. Both
Party A and Party B shall strictly perform their respective obligations herein
upon the execution of this contract. Any party who arbitrarily quits the job
shall bear the responsibility and be subject to pay RMB for
breach of contract herein. In case that any party has breached the contract
and
caused any economic loss to the other party, such party shall compensate the
other party in accordance with the relevant laws and regulations of
PRC.
8. Where
a
labor dispute between the parties takes place during the performance of this
Contract, the parties may apply to the labor dispute mediation committee of
their unit for mediation; if the mediation fails, any party hereto may directly
apply to the municipal labor dispute arbitration committee for arbitration
within 60 days starting from the date of the occurrence of a labor dispute.
If
any of the two parties is not satisfied with the adjudication of arbitration,
such party may bring the case to a people's court within 15 days of the date
of
receiving the ruling of arbitration.
9. Any
matter not covered herein shall be governed or executed in accordance with
the
laws, rules and regulations of the country. In case that there are any new
provisions or regulations to be enacted, such new provisions or regulations
shall prevail.
10. All
other
matters as agreed by both parties here to for compliance and execution are
set
forth in appendices herein.
11. This
contract is made in duplicate and each party holds one.
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12. This
contract shall take effect as from the date of execution on October 6,
2000.
13. Appendix
After
the
execution of this contract by both Party A and Party B, in case that Party
B is
a professional technician or kind of staffs who shall sign another
confidentiality contract, he/she shall also sign with Party A confidentiality
contract and security agreement, which will be deemed as the appendices of
this
contract and have the same legal effects.
IN
WITNESS WHEREOF, the two parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as from the date
hereinblow.
Party
A:
Taian Ruitai Cellulose Co., Ltd
Authorized
Representative: _______________________
Lu
Xingfu
Date:
October 6, 2000
Party
B:
Ma Gang
Authorized
Representative: _______________________
Date:
October 6, 2000
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