LABOUR CONTRACT
Exhibit
10.13
Weifang Taihong Feed Co.,
Ltd.
(hereinafter referred to as “Party A”) and Xxxx Xxxxxx
(
hereinafter referred to as “Party B”) entered into this labor contract. Based on
equality and friendly negotiation, Party A and Party B agree the following items
in accordance with the Labor Laws of the People’s Republic of China
(“PRC”):
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I.
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Term
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The term
of this contract is ten years, from December 25 th , 2000 to
December
25 th , 2010, with the
first 3 months
being a probation period.
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II.
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Scope
of Employment
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1,
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Party
B agrees to take the position of sale
manager in
the sales
department in accordance with Party A’s need.
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2,
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Party
B should accomplish the regular work and other tasks.
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3,
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Within
the terms of this contract, Party A is entitled to transfer Party B’s
working position in accordance with Party A’s need and Party B’s
competence(specialty and ability) and
performance.
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III.
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Working
Hours, Leave & Holidays
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1,
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Working
Hours
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1.1,
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Party
B shall work 8 hours per day, overall 5 days per week.
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1.2,
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Party
A shall apply the comprehensive-working-hours method, and the overall
working hours per week shall not exceed 40
hours.
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In the
event that Party A requires Party B to work overtime in accordance with Party
A’s needs, Party B shall comply with the arrangement. The overtime working hours
and compensations for them will be executed in conformance with relevant
government laws and regulations.
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2,
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Party
B is entitled to PRC statutory holidays, and leave for maternity,
marriage, mourning with pay in accordance with relevant government laws
and regulations.
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| IV. | Training, Working Conditions and Labor Protection |
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1,
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Party
B should take part in training about safety in production, laws, and
corporate bylaws, arranged by Party A conforming to relevant government
laws and regulations.
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2,
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Party
A shall provide Party B with a safe working site in accordance with
governmental standards, to ensure Party B’s safety and
health.
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3,
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Party
A shall provide Party B with safe, healthy working conditions and safety
protective equipment conforming to the relevant provisions of the
state.
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V.
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Salary,
Insurance & Welfare
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1,
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Salary
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1.1,
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Party
A shall apply wage grading system according to relevant provisions of the
state; and decide Party B’s monthly salary before taxation according to
his/her position.
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1.2,
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Party
A may provide a raise for Party B according to Party A’s operating results
and Party B’s performance.
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2,
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Insurance
& Welfare
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2.1,
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During
the term of employment, Party A shall cover endowment, medical,
unemployment insurance, and other social insurance for Party B in
accordance with provisions of the state and local
government.
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2.2,
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Party
A shall provide Party B with welfare equipments.
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2.3,
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In
the event Party B has been sick and obtained permissions from appointed
hospitals , Party B is entitled to sick leave with pay in certain periods,
and salary during such leave shall follow government and Party A’s
regulations.
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VI.
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Labor
Disciplines
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Party A
and Party B shall comply with laws, regulations and policies of the state. Party
B shall comply with the working disciplines and regulation, and will not
disclose or use the confidential information of Party A to pursue illegal
interests for him/her, other entities, or personal interests.
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VII.
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Revocation
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1,
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Party
A may revoke this contract, if:
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1.1,
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Party
B proves unqualified for the job during the probation
period;
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1.2,
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Party
B seriously violates the labor disciplines or bylaws of Party
A;
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1.3,
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Party
B causes great loss to Party A due to serious dereliction of duties or
malpractice for selfish ends;
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1.4,
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Party
B will be held accountable for criminal activities in accordance with the
law;
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2,
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If
any of the following circumstances exist, Party A may revoke this contract
upon 30 days notice:
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2.1,
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Party
B is unable to take up his or her original jobs nor any kinds of new jobs
specified by Party A after completion of medical treatment for their
illnesses or injuries not suffered during
work;
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2.2,
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Party
B is incompetent in his or her job and remains so even after training
orreassignment;
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2.3,
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No
agreements on an alteration of employment contracts can be reached through
consultation between and by the two parties involved when major changes
taking place in the objective conditions serving as the basis of the
conclusion of these contracts prevent them being
implemented;
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3,
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Party
B, when planning to revoke this contract, should provide a written notice
to Party A in 30 days in advance.
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4,
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If
any of the following circumstances exist, Party B can, at any time revoke
this contract:
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4.1,
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During
the probation period, as agreed by the two parties, Party B continues to
work at the original position for one week and deal with the transference
of the job, with Party A continue to be responsible for the employment
contract;
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4.2,
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Failure
on the part of Party A to provide Party B the compensation or working
conditions as agreed upon in this contract;
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4.3,
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If
Party B is forced to work by Party A through means of violence, threat or
deprival of personal freedom in violation of
law.
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5,
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The
Contract can be revoked by both parties through friendly
negotiation.
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6,
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If
any of the following circumstance occurs, Party A shall not revoke this
contract in accordance with the provisions of Section
VII.2
:
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6.1,
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Party
B is confirmed to have totally or partially lost his or her labor ability
due to occupational diseases or work-related injuries;
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6.2,
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Party
B is receiving treatment for his or her diseases or injuries during the
prescribed period of time;
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6.3,
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Party
B is a female employee during her pregnancy, puerperal, or nursing
periods;
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6.4,
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Others
cases stipulated by laws and administrative decrees.
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7,
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Indemnification
to Party B due to the Revocation or Termination of this
Contract:
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7.1,
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Party
A should complete the dismissal procedures at appointed institutions
within the required period.
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7.2,
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At
the termination of this contract, Party B shall be compensated according
to the regulations of Labor Contract Article, if
applicable.
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VIII.
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Conventional
Provisions
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1,
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Should
Party B receive training financed by Party A, or accept other materials
provided by Party A, the required terms should be renewed in another
contract.
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2,
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3,
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IX.
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Responsibility
for Violations of this Contract
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1,
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In
the event that either Party breaches any provision of the Contract that
results in the other party’s incurring economic losses, the Party in
breach shall be liable to compensate the other party for the corresponding
economic losses.
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2,
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The
Party in breach shall be liable for the
responsibility.
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X.
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Settlement
of Disputes
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Any
disputes arising from the execution of the contract shall be settled through
friendly consultations between both parties. In the case that no settlement can
be reached through consultations, either party may submit the dispute directly
to a competent labor Arbitration Commission for arbitration within 60 days after
the date of dispute; If no settlement is arrived through arbitration, either
party may submit the dispute directly to the courts in Party A’s location within
15 days after the date of arbitration.
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XI.
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Others
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1,
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This
contract shall come into effect after signature by both parties. This
contract is made in two original copies, which have the same legal
effectiveness, with one copy to be held by each
party
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2,
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The
revision and explanation of this contract should comply with mutual
consents.
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Any
issues shall be settled in accordance with the laws, statutory regulations or
policies should any disagreement occur between any part of this contract and the
existing laws, statutory regulations or policies.
Party
A:
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Signature:
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Weifang
Yuhe Poultry Co.,
Ltd.
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Date:
December 25 th ,
2000
Party
B:
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Xxxx
Xxxxxx
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Date:
December 25 th ,
2000
