LABOR CONTRACT Applied to: Beijing PKU Chinafront Technology Co., Ltd. Revised in December 2005
(English
Translation)
Exhibit
10.21
Applied
to: Beijing PKU Chinafront Technology Co., Ltd.
Revised
in December 2005
In
accordance with the Labour
Law of the People’s Republic of China,
relevant laws and regulations, this
Labor Contract is concluded by and between Beijing PKU Chinafront Technology
Co., Ltd. (hereinafter referred to as “Party A”) and its employee Xia
Shudong
(hereinafter referred to as “Party B”) through equal negotiation to establish
employment relationship, and both Parties commit to abide by all articles of
the
Contract.
Party
A: Beijing
PKU Chinafront Technology Co., Ltd.
Address:
Room 717, Building B, E-wing Center, Xx.000, Xxxxxxx Xxxx, Xxxxxxx Xxxxxxxx,
Xxxxxxx
Party
B: Xia
Shudong,
Gender:
Male,
Education: Doctor
ID
No.:
_________________________________________
Address:
________________________________________
Registered
permanent residence: ______________________
Tel: ________________
Post
code: ___________________
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5.
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Labor
Contract Term
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5.1
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Both
Parties hereby agree to determine the contract term in accordance
with
Mode 1:
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5.1.1
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Fixed
term: from January
1, 2006
to
December
31, 2007;
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5.1.2
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Term
subject to the completion of certain work: commence from m/m/d/d/y/y
to
the completion of the work, and take _____
as
the symbol of work completion.
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5.2
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The
probationary period commences from m/m/d/d/y/y
to
m/m/d/d/y/y.
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Both
Parties agree on the probationary period in accordance with the Labor Contract
term, but the probationary period shall be no longer than 6 months. After the
expiration of the probationary period, in case that both Parties have not
proposed to prolong the probationary period or terminate the Labour Contract,
Party B will become a regular employee naturally. In the event of converting
into regular employee in advance due to his outstanding performance, the
procedure for the conversion will be go through, and the time of conversion
is
subject to the time prescribed on the procedure files. Besides, the procedure
files will act as the attachment of the Contract.
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6.
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Work
Content
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6.1
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Party
A appoints Party B to assume the position of
CEO and President .
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6.2
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Party
A, considering the need of work and work capacity of Party B, may
adjust
the position of Party B.
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6.3
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Party
B shall fulfill his work task in accordance with the requirements
of the
post description provided by Party A.
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7.
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Labor
Protection and Working
Conditions
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7.1
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Party
A, in accordance with provisions of the state concerning safety
production, labor protection and occupational health, will provide
necessary working conditions and labor protection facilities to Party
B to
guarantee the safety and health of Party
B;
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7.2
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Party
A shall formulate working hours system in accordance with relevant
provisions of the state. Party A shall arrange Party B to make up
the
missed rest or give overtime pay for any overtime due to needs of
work.
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7.3
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Party
A shall provide labor protection to female employees in their pregnancy,
confinement and lactation period and minor employees in accordance
with
state regulations.
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8.
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Remuneration,
Insurance and Welfare
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4.1
The
remuneration of Party B during his probationary period is RMB
9000
Yuan;
4.2
The
remuneration of Party B is RMB 9000
Yuan
after the expiration of his probationary period and converting into regular
employee;
4.3
After
Party B finishes the work task assigned by Party A, Party A shall check and
pay
Party B the salary, bonus and allowance of the last month on 10th
of each
month in cash;
4.4
The
remuneration of Party B includes the fixed salary, bonus and allowance agreed
by
both Parties. Detailed payment is subject to the operation of the Company and
the work performance appraisal of the worker;
4.5
Both
Party A and Party B will take the social insurance in accordance with the
provision of the state and Beijing municipality.
5.
Labor Discipline and Bylaws
5.1
Party
A shall institute the labor discipline and bylaws in accordance with
laws;
5.2
Party
B is obliged to observe the operation rules and various bylaws of Party
A;
5.3
Party
B is obliged to complete his work in accordance with the post description
provided by Party A and fulfill his duty.
6.
Conditions for Changes of the Labor Contract
6.1
Both
Parties reach agreements through negotiations;
6.2
Tremendous changes happen to the business of Party A, which prohibits the
implementation of the Labor Contract;
6.3
Party
A cannot arrange a position for Party B and both Parties keep the employment
relationship;
6.4
Objective conditions on which the Labor Contract is concluded has changed
greatly or the laws and regulations have been revised, which make the
implementation of the Labor Contract become impossible;
6.5
Irresistible and unforeseeable situations happen in the course of the
implementation of the Labor Contract, which prohibits the implementation of
the
Labor Contract.
7.
Termination
7.1
The
Labor Contract will be terminated automatically when the Labor Contract expires
or conditions of termination agreed by both Parties appear.
7.2
The
Labor Contract may be extended upon the agreement of both Parties; in case
that
one Party refuses to extend the Contract, the other Party shall not exert any
force;
7.3
Party
A shall negotiate with Party B on the extension of the Labor Contract 15 days
before the expiration of the Labor Contract and go through procedures for the
extension. In case that a de facto employment relationship is formed because
Party A fails to transact the procedures of termination or extension of the
Labor Contract, it shall be deemed as an extension of the Labor
Contract.
8.
Conditions for Labor Contract Termination
8.1
The
Labor Contract may be terminated if both Parties reach a consensus through
negotiations.
8.2
In
case that Party A is involved in one of the following circumstances, Party
A may
terminate the Labor Contract immediately;
8.2.1
Party B is proved not meeting the recruitment conditions during his probationary
period;
8.2.2
Party B has seriously violated the labor disciplines or bylaws;
8.2.3
Serious breach of duty or jobbery and cause tremendous damages to the interests
of Party A;
8.2.4
Party B is reeducated through labor or is investigated his criminal
responsibility.
8.3
In
the event of one of the following circumstances, Party A may inform Party B
in
writing 30 days in advance to terminate the Labor Contract:
8.3.1
Party B catches a disease or is injured not for work, and after the expiration
of treatment, Party B cannot assume his original position, or engage in other
work designated by Party A;
8.3.2
Party B is not competent for his job and still not competent for it after
training or post adjustment;
8.3.3
The
objective conditions on which the Labor Contract is concluded have changed
greatly, which make the implementation of the Labor Contract become impossible,
and both Parties cannot reach consensus on the changes of the Labor Contract
through negotiation;
8.3.4
Party A is on the brink of bankruptcy and is under legal reorganization or
Party
A encounters serious business difficulties and needs to meet the conditions
via
layoff.
8.4
Party
A shall not terminate the Labor Contract in any of the following
cases:
8.4.1
Sick or wounded, which is due to work and identified as losing or partly losing
labor abilities;
8.4.2
Sick or wounded that is not due to work but during regulated medical treatment
period;
8.4.3
Female employees during the period of pregnancy, childbirth, or
lactation;
8.4.4
Party B is recruited;
8.4.5
Other circumstances provided by the state.
8.5
In
case that Party B intends to cancel the Labor Contract, a 30-day prior written
notice shall be delivered to Party A, unless the problem of economic losses
to
Party A brought by Party B is still being resolved.
8.6
Party
B is entitled to inform Party A of the termination of the Labor Contract at
any
time in any of the following cases:
8.6.1
During the probationary period;
8.6.2
Party A forces labor by means of violence, menace or illegal limitation of
personal freedom;
8.6.3
Party A fails to pay salary or provide labor conditions as agreed in the Labor
Contract;
8.6.4
Party B fails to perform the Labor Contract due to the performing his legal
duties provided by the state;
8.6.5
Confirmed by the Labor and Social insurance Departments, the labor safety and
occupational health condition are execrable and seriously harm the health of
Party B.
9.
Liabilities for Breach of Labor Contract
9.1
Compensate economic losses
In
case
of any of the following cases, Party A shall assume the compensation
responsibility for any economic losses suffered by Party B:
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(d)
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The
labor bylaws formulated by Party A violate laws and
regulations;
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(e)
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Articles
of the Labor Contract formulated by Party is
void;
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(f)
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Violate
conditions stipulated in the Labor
Law of the People’s Republic of China
to
terminate the Labor Contract.
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In
case
of any of the following cases, Party B shall assume the compensation
responsibility for any economic losses suffered by Party A:
(a)
In
case that Party B violates the conditions provided in the Labor Law or the
agreements of the Labor Contract to terminate the Contract, and causes economic
losses to Party A, Party B shall assume the compensation responsibility in
accordance with the extent of losses;
(b)
In
case that Party B violates the confidential issues agreed in the Labor Contract
and causes economic losses to Party A, Party B shall assume the compensation
responsibility in accordance with laws;
(c)
In
the event that the deliberate or negligent behavior of Party B has damaged
the
legal rights and interests, and commercial image of Party A, and caused economic
losses to Party A, Party B shall, in accordance with laws, pay or compensate
relevant expenses and losses to the extent of losses suffered by Party
A;
(4)
Party
B holds a R&D position. Considering the continuity of the work, if Party B
leaves before the completion of the Project that he participates in, Party
A is
entitled to require Party B to pay or compensate relevant expenses and losses.
(The completion of a R&D project refers that the design made by Party B has
passed the test and goes into the stage of mass production, and guides the
successor to master the design of Party B completely.)
9.2
Payment of damages (This Article does not apply to employees who are in the
probationary period or have worked with the Company for three consecutive
years)
(a)
Both
Parties may agree on the amount of damages on equal, reasonable and legal
basis;
(b)
The
payment of damages is subject to the Labor Contract term, instead of economic
losses suffered by either Party;
(c)
Calculation method
In
the
event that Party B violates the term agreed in the Labor Contract and fails
to
go through work transfer according to the provisions of the Company, or accepts
the invitation of other companies during the contract term, Party B shall pay
the following expenses. Expenses that have not been prescribed are subject
to
the actual accounting record provided by the financial department of Party
A.
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6)
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Various
expenses incurred when Party A recruits and employs Party
B;
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7)
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Training
and other direct expenses that Party A paid for Party
B;
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8)
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Personal
agency expenses, such as registered permanent residence and files,
that
Party A paid for Party B;
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9)
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Compensate
the training expenses that Party A paid to the school where Party
B
studied in full amount;
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10)
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The
damages agreed in the three-party agreement of
graduates.
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10.
Economic Compensation
10.1
In
the event that the Contract is terminated in any of the following cases, Party
A
shall, according to the years that Party B works with Party A and the 12-month
average salary of Party B prior to the termination of the Contract, pay economic
compensations to Party B at the rate of one-month average salary for each year
and the period less than one year will also be deemed as one year, and no more
than 12 months at most:
(a)
Party
A, in accordance with Article 8.1 of the Contract, forwardly puts forward to
terminate the Labor Contract with Party B;
(b)
In
the event that the circumstances provided in Article 8.3 of the Contract happen
to Party B, Party A fails to inform Party B 30 days in advance;
10.2
In
case that the Labor Contract is terminated in any of the following cases, Party
A may not pay economic compensations to Party B:
(a)
Party
B terminates the Labor Contract in accordance with Article 8.1 of the
Contract;
(b)
Party
B, in accordance with Article 8.5 of the Contract, forwardly proposes to
terminate the Labor Contract;
(c)
Party
B terminates the Labor Contract in accordance with Article 8.6(a) of the
Contract;
(d)
Party
A terminates the Labor Contract in accordance with Article 8.2 of the
Contract.
11.
Labor Dispute Resolution
All
labor
disputes shall be settled through amicable negotiations of parties concerned;
should no agreement is reached upon negotiations, the dispute be submitted
to
the Labor Dispute Mediation Committee (or relevant department) of Party A for
mediation; should the mediation does not work, the dispute be submitted to
the
Labor Arbitration Committee for arbitration.
The
parties concerned may also apply to the Labor Arbitration Committee for
arbitration within 60 days as of the date when the labor dispute
happens.
Exhibit
of Labor Contract Extension
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The
type of this extended Labor Contract is _____ ,
and the validity of the renewed contract commences from m/m/d/d/y/y
to
m/m/d/d/y/y.
Seal
of Party A: Signature
or
seal of Party B:
Legal
Representative or Authorized Proxy
(Signature
or seal) Renewal
date:
m/m/d/d/y/y
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The
type of this extended Labor Contract is _____ ,
and the validity of the renewed contract commences from m/m/d/d/y/y
to
m/m/d/d/y/y.
Seal
of Party A: Signature
or
seal of Party B:
Legal
Representative or Authorized Proxy
(Signature or seal) Renewal
date:
m/m/d/d/y/y
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The
type of this extended Labor Contract is _____ ,
and the validity of the renewed contract commences from m/m/d/d/y/y
to
m/m/d/d/y/y.
Seal
of Party A: Signature
or
seal of Party B:
Legal
Representative or Authorized Proxy
(Signature
or seal) Renewal
date: m/m/d/d/y/y
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The
type of this extended Labor Contract is _____ ,
and the validity of the renewed contract commences from m/m/d/d/y/y
to
m/m/d/d/y/y.
Seal
of Party A: Signature
or
seal of Party B:
Legal
Representative or Authorized Proxy
(Signature or seal) Renewal
date:
m/m/d/d/y/y
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12.
Supplementary Provisions
12.1
For
matters uncovered in this Contract, both Parties may conclude supplementary
contract. Regarding articles contradicting labor laws and regulations, the
labor
laws and regulations shall prevail;
12.2
This
Labor Contract is made in duplicate with each party holding one. The Labor
Contract will come into force after signed (or stamped) by both
Parties;
12.3
Any
alteration to the Labor Contract and allograph without legal authorization
are
invalid.
Party
A:
Beijing PKU Chinafront Technology Co., Ltd.
Stamp:
Beijing PKU Chinafront Technology Co., Ltd.
Legal
Representative or Authorized Proxy
(Signature
or stamp)
Party
B
(Signature or stamp)
Xia
Shudong
Signing
Date: m/m/d/d/y/y
