Employment Contract
EXHIBIT
10.15
Party
A:
Henan
Jinding Chemical Industry Co., Ltd.
Party
B: Wang
Xiangfu
To
establish a labor relationship and define the rights and obligations of the
two
parties, Party A and Party B conclude this Contract based on voluntariness,
consultation and consistency, in accordance with the Labor
Law of the People’s Republic of China,
as well
as related regulations.
Article
1
Term of
the Labor Contract
1. |
The
term of this Contract is 5year
from May
1, 2006
to
April 30, 2011.
|
2. |
This
Contract can be renewed by the two parties through consultation one
month
prior to the expiration.
|
3. |
Where
either party considers it unnecessary to renew the employment contract
after the expiration of this Contract, such party shall notify in
writing
the other party one month prior to the expiration of this
Contract.
|
4. |
Where
Party B resigns prior to the expiration of this Contract, a penalty
of
RMB200,000 shall be imposed on it.
|
Article
2
Contents
of Work
1. |
Through
examination, Party A agrees to employ Party B as one of its employees
for
the need of work. Party B agrees to work for Party A as the Deputy
General Manager.
|
2. |
Party
A may, according to its need for work as well as Party B’s operations,
capability of work and performance, adjust Party B’s working
post.
|
Article
3
Social
Insurance and Benefits
1. |
Paragraph
3 of Article 5 under this Contract shall be executed with regard
to social
insurance.
|
2. |
Party
B enjoys the benefits prescribed by Party
A.
|
3. |
Party
A shall, based on work situations, arrange Party B to rest where
Party B
is required to work on festivals or
holidays.
|
4. |
The
legal festivals or holidays, as well as leave for wedding or for
arranging
funeral, shall be deemed as paid leave of
period.
|
Article
4
Labor
Protection and Labor Conditions
1. |
Party
A shall provide Party B with the working environment and labor protection
conditions stipulated by the state in respect of labor security and
health.
|
2. |
Party
A may arrange Party B to take part in necessary business training
according to its need for work.
|
Article
5
Work
Hours and Remuneration
1. |
Party
B works 8 hours each day. Where Party B is required to work over
time, the
working hours can be appropriately
extended.
|
2. |
Party
A determines the annual salary payment standard for Party B in accordance
with regulations of its wage management system. The annual salary
for the
period of probation is RMB50,000
and
the annual salary after the probation is RMB80,000
.
|
3. |
Party
A shall release the salary to Party B through rigorous assessment
based on
Party B’s current duty and post.
|
4. |
Party
A can, according to its business conditions as well as Party B’s skills
and working efficiency, adjust the level of wage to Party B based
on
relevant provisions of Party A.
|
5. |
Where
Party A assigns Party B to work at its subordinate company for the
need of
work, Party B can enjoy relevant subsidies at such company of Party
A in
accordance with Party A’s related
provisions.
|
Article
6
Labor
Discipline
1. |
Party
B shall comply with the laws, rules and regulations of the
state.
|
2. |
Party
B shall comply with the rules and regulations and labor disciplines
prescribed by Party A and voluntarily obey the administration and
education of Party A.
|
3. |
In
case that Party B breaks the rules and regulations and labor disciplines
of Party A, Party A will impose relevant punishment on Party B according
to related provisions.
|
Article
7 Conditions
for Cancellation and Termination of the Labor Contract
1. |
The
Labor contract can be cancelled by Party A and Party B through unanimous
consultation.
|
2. |
In
the event of any of the following circumstances, Party A may cancel
the
Labor contract:
|
1) |
It’s
proved that Party B fails to be qualified for employment conditions
in the
period of probation;
|
2) |
Party
B materially breaks labor disciplines or Party A’s rules and
regulations;
|
3) |
Party
B neglects its duty or engages in malpractice materially, which results
in
substantial damages to interests of Party A;
and
|
4) |
Party
B is investigated with regard to criminal liabilities according to
law.
|
3. |
In
the event of any of the following circumstances, Party A may cancel
the
Labor contract, but shall notify Party B in writing 30 (thirty) days
in
advance:
|
1) |
Party
B is ill, or injured at work, and after treatment, is unable to undertake
the original work or work separately arranged by Party
A;
|
2) |
Party
B is unqualified for its work, and remains unqualified through training
or
adjustment in its work post; and
|
3) |
Material
changes to the objective conditions on which the Labor contract is
based
occur, causing that the original Labor contract cannot be performed,
and
an agreement cannot be achieved by the parties concerned with regard
to
alteration in the Labor contract.
|
4. |
Party
B shall, in the event of requirement for cancellation of the Labor
contract, notify Party A in writing 30 (thirty) days in
advance.
|
5. |
In
the event of any of the following circumstances, Party B can cancel
the
Labor contract by giving notice to Party A at any
time:
|
1) |
Within
the period of probation;
|
2) |
Party
A forces Party B by means of violence, threat, or illegal limitation
of
personal freedom; and
|
3) |
Party
A fails to pay the labor remuneration or provide the labor conditions
in
accordance with stipulated under the Employment
Contract.
|
6. |
This
Contract shall terminate at the expiration of it. Where there’s need of
work, the labor contract can be renewed by Party A and Party B through
unanimous consultation.
|
Article
8
Liabilities for Breach of Contract
Once
established, this Contract must be strictly performed by the two parties. In
the
event of any breach of the contract, liabilities shall be ascertained in
accordance with relevant provisions, and when an economic loss is incurred
to
the other party, the breaching party shall make compensation based on the
consequences as well as the severity of such breach liabilities.
Article
9
Settlement of Labor Dispute
Any
labor
dispute arising out of the performance of this Contract can be submitted to
a
labor dispute arbitration committee having jurisdiction for arbitration. The
party that requires arbitration shall, within 60 (sixty) days as of the date
when such labor dispute occurs, submit a written application to the labor
dispute arbitration committee.
Article
10
Matters
not detailed in this Contract shall be executed in accordance with the
applicable laws, rules and regulations, and policies of the state.
Article
11
This
Contract is in duplicate with each party holding one copy.
Article
12 Other
issues that are considered necessary by both parties.
With
the
seals and signatures on behalf of:
Party A: | Party B: | |
/s/ Henan Jinding Chemical Industry Co., Ltd. |
/s/
Wang Xiangfu
|
Dated
on
April 27, 2006