ZHENGZHOU SHENYANG SCIENCE & TECHNOLOGY CO., LTD. Employment Contract
ZHENGZHOU
SHENYANG SCIENCE &
TECHNOLOGY
CO., LTD.
Labor
Contract of Company Employees
Party
A： Xxxxx Xxxx
Xxxx Xxxx Technology Co., Ltd.
Corporation
Representative: Xxxxx Xx
Company
Address: Xxx Xxxxxx Xxxxx Xx Xx Xx Xx Xxxxx, Xx.000, Tong Bai Road, Xxxxx Xxxx
District, Xxxxx Xxxx, He Nan, PRC.
Party B:
Xxxxx Xxx
Identity
Card:410102198010255519
Home
Address: East Unit East Suit, No.402 of Xx Xx Garden, Hang Hai
Road.
Telephone: 00000000000 Postal
Code:450007
Party B
confirms: Party A has accurately informed Party B the nature, content and
condition of work, address of work, occupational hazards, labor rewards and any
other information that Party B has a right to know, Party B has read and
understood the rules and regulations and labor disciplines of Party A
carefully.
Party B
promises: Party B is to provide accurate school certificates and diplomas, and
if the information provided is false, Party B is willing to assume
responsibility until the termination of the Labor Contract.
Party A
and Party B shall sign this contract in compliance with the Labor Law of the People's Republic
of China, Labor
Contract Law of the People's Republic of China and the relevant laws and
regulations, on the basis of equality and voluntariness and reaching unanimity
through consultation.
2
Chapter
1 Contract Period
Article 1 This contract is
a Fixed
term contract.
(Please select fixed term, non-fixed term)
(1) Fixed
term:
The
effective period is from___14th__(date)__12___(month)__2009__(year)
till
___13th
__(date)___12__(month)__2012__(year).
The
probationary period is from____(date)_____(month)____(year) to
_____(date)_____(month)____(year).
If both
parties reach an agreement to renew the contract one month prior to the
expiration of the contract, the contract can be renewed, without limiting the
number of renewals.
(2)
Non-fixed term
The
effective period is_____(date)_____(month)____(year)
The
probationary period is from_____(date)_____(month)____(year) to
_____(date)_____(month)____(year).
(3)
During the probationary period, either party has the right to terminate this
labor contract, but the party terminating must notify the other party seven days
in advance. If the probationary period expired and no party objects, Party B
becomes the official staff of Party A, and the probationary period shall be
included in the term of the contract.
Chapter
2 The content and address of work
Article 2 Party B agrees to,
according to the requirement of Party A, work as the_____Vice President_____(
type of work). Party B's work and labor ration standards is decided by the Party
A, Party A has a right to adjust Party B’s work and labor ration reasonably,
according to the requirements.
Article 3 Party B should
achieve the labor standard required by Party A.
Article 4 Party B’s workplace
is The second floor of
Bo Ya Xi Cheng.
Article 5 Party B agrees:
Party A can adjust Party B’s work contents, position and workplace, based on the
performance and ability of Party B, or the company's operating
requirements.
3
Chapter
3 The working time, break time and vacation
Article 6 Party B’s working
hours are eight hours per day, and five and a half days per week, working hours
shall be executed according to regulations of the company.
Article 7 Party B has the
right to enjoy statutory holidays and vacations, which are regulated by Party A.
Except for special working hours, Party B shall enjoy statutory holiday in
accordance with the laws.
Article 8 Party B agrees:
Party A may, according to working requirements, adjust the working hours,
including change the beginning and end of a working day, by giving reasonable
resting time for employees, require employees to work on statutory holidays and
vacation days. If there is no special reason, Party B should support and
actively comply with Party A’s arrangement, but Party A shall strictly control
overtime work.
Article 9 Party A is not
allowed to violate labor laws to extend the working hour of workers. In the
event of a need for overtime work, Party A should, according to relevant
regulations, pay the compensation to Party B, unless the law on non-payment and
other relevant regulations apply.
Chapter
4 Labor Rewards
Article 10 Labor rewards
(namely salary) for Party B during normal working period consist of basic wages,
post wages, allowances and wages for keeping secret. The exact amount shall be
determined by looking at the base pay on the employment table.
Article 11 Party A implements
a graded wage system in accordance with relevant regulations and enterprise
business conditions, and determines corresponding salary standard based on the
work position of Party B and other conditions, and pays the salary through bank
payment or cash payment the following month.
Article 12 Party A may
increase wages in accordance with profits and Party B’s behavior and working
performance, if Party B can’t perform up to the required labor standards
specified by Party A, wages of Party B may not increase.
4
Article 13 Party A may set up
year-end bonus in accordance with enterprise profits, and issue bonus depending
on employee’s working performance and term of service.
Article 14 Party A may provide
allowances and subsidies for Party B in accordance with state regulations and
enterprise conditions.
Article 15 Except for
subsidies prescribed by the law, Party A has no obligation to provide other
allowances and subsidies to Party B.
Article 16 The wages paid by
Party A include rewards for keeping secret (exact ratio is 15% of wages
payment).
Article 17 On the premise that
Party B performs normal work, Party A shall pay monthly wages not less than the
local minimum wage.
Article 18 Party B agrees with
Party A to adjust Party A’s salary in the event of the following:
(1)
The position and duty of Party B is adjusted in accordance with his performance
and ability; and
(2)
Labor reward to Party B is adjusted in accordance with bylaws of Party
A;
(3)
The position of Party B is adjusted in accordance with bylaws of Party
A;
(4)
Party B becomes a shareholder or enjoys the proper equity participation of Party
A;
(5)
When Party A’s business experiences material and objective changes.
Chapter
5 Social Insurance
Article 19 Both parties
shall pay the social insurance premiums in accordance with the law.
Chapter
6 Labor Protection, Labor Condition & Occupational
Hazard
Protection
Article 20 Party A shall
provide necessary labor conditions and tools for Party A, as well as safe and
sanitary working environment that meets state requirements, otherwise Party B
has a right to refuse to work or terminate the contract.
5
Article 21 Party A shall
provide labor protection and health care articles for Party B in accordance with
working requirements and state prescriptions, give corresponding protection to
female staff and workers during menstruation, pregnancy, child birth and baby
nursing period. The specific methods shall be executed in accordance with
relevant state prescriptions and local standards.
Article 22 During the
service period of Party B, Party A must offer Party B opportunities for
professional ethics education, education on technical and safety production, as
well as education on the social legal system from time to time, and Party B
shall actively accept such education.
Article 23 For positions
that may be exposed to occupational hazard, Party A shall provide occupational
hazard protection in accordance with relevant laws of China.
Chapter
7 Labor Discipline
Article 24 Party B has
gotten acquainted with and read bylaws and labor disciplines of Party A
carefully. Party B strictly commits himself to abide by all bylaws as well as
labor disciplines established by Party A.
Article 25 Party A has
the right to establish and revise bylaws and labor disciplines in accordance
with legal prescriptions.
Article 26 Once Party B
breaks the criminal law, be subjected to legal sanctions, or breaches current
bylaws of the company, Party A has the right to take disciplinary actions,
including dismissing him in accordance with relevant prescriptions; any losses
caused by a breach of rules, such as creating a bad business reputation, assets
losses, etc, Party A may take an one-time punishment measures according to the
individual case.
6
Article 27 If Party B
engages in embezzlement and takes bribes, neglects duty grossly, engages in malpractice for
selfish ends or has other immoralities, which will cause or going to damage
personal and property interests greatly, or if Party B violates the criminal law
or be subjected to legal sanctions, Party A has the right to dismiss Party B’s
duty immediately without paying any “contract compensation” and “contract
performance bond”. Party B shall bear total compensation responsibility for any
losses hereof caused by any embezzlement and bribe, personal security and
property benefits damage.
Article 28 Party B shall
keep commercial secrets confidential during the contract and after dismissal in
accordance with the Agreement
on Secret Information signed by both parties.
Chapter
8 Right and Obligation of Both Parties
Article 29 Party A can
properly adjust Party B’s post of duty in accordance with his or her practical
working ability and demands of the company.
Article 30 Party A has
the right to supervise Party B in accordance with corporate bylaws.
Article 31 Any
technological achievements tied to job and relevant intellectual property rights
accomplished by Party B during engagement period shall be possessed by Party A,
and Party B has the right to obtain certificate of honor and material
award.
Article 32 Party A shall
provide corresponding professional skill training for Party B, and Party B has a
right to enjoy basic working right and relevant personnel treatment prescribed
by Party A.
Article 33 Party B enjoys
the right to participate in relevant business training and give suggestions on
work-related improvements.
Article 34 Party B has an
obligation to protect Party A’s interests, fame and common property, abide by
bylaws and labor disciplines prescribed by Party A, and keep Party A’s
commercial secrets confidential.
Chapter
9 Cancellation and Termination of Contract
Article 35 Both parties
may terminate their employment contract if they agree after
consultations.
7
Article 36 Party A may
terminate an employment contract by giving Party B a 30 days prior written
notice, if:
(1) After
the set period of medical care for an illness or non-work-related injury, Party
B can engage neither in his original work nor in other work arranged for him by
Party A;
(2) The
circumstances under which the employment contract was signed changes
significantly, causing an inability to perform the employment contract, and the
parties cannot reach an agreement to change the contract after
negotiation;
(3)
Party B is incompetent and remains incompetent after training or adjustment of
his position;
(4)
Any conditions meeting employment contract termination prescribed in Party A’s
bylaws occur.
Article 37 If any one of the
following circumstances occurs, Party A may reduce the workforce in accordance
with specified procedures of employment contract:
(1)
Restructuring pursuant to the Enterprise Bankruptcy Law;
(2)
Serious difficulties in production and/or business operations;
(3)
The enterprise switches production, introduces a major technological innovation
or revises its business method, and, after amendment of employment contracts,
still needs to reduce its workforce;
(4)
Other major changes in the objective economic circumstances relied upon at the
time of conclusion of the employment contracts, rendering them
impossible.
Article 38 Party A may
dismiss the employment contract anytime if Party B:
(1)
Is proved during the probation period not to satisfy the conditions for
employment;
(2)
Materially breaches Party A’s rules and regulations;
(3) Commits serious breach of
duty and causes substantial damage to Party A;
(4)
Has additionally established an employment relationship with another employer,
which materially affects the completion of his tasks with Party A, or he refuses
to rectify the matter after the instance is brought to his attention by Party
A;
8
(5)
Party B uses such means as deception or coercion, or takes advantage of Party
A’s difficulties, to cause Party A to conclude an employment contract, or to
make an amendment thereto, that is contrary to that Party A’s true intent; thus
causing an invalid or partially invalid employment contract;
(6)
Has his criminal liability, rehabilitation through labor and be prosecuted for
the criminal responsibility in accordance with the law.
Article 39 Party B may
terminate his employment contract if Party A:
(1)
Fails to provide the labor protection or working conditions specified in the
employment contract or comply with state policies and regulations;
(2)
Fails to pay labor compensation in full and on time;
(3)
Has rules and regulations that violate laws or regulations, thereby harming
Party B’s rights and interests;
(4)
Party A uses such means as deception or coercion, or takes advantage of Party
B’s difficulties, to cause Party B to conclude an employment contract, or to
make an amendment thereto, that is contrary to that Party B’s true intent; thus
causing an invalid or partially invalid employment contract;
(5)
If Party A uses violence, threats or unlawful restriction of personal freedom to
compel Party B to work, or if Party B violates rules and regulations or
peremptorily orders Party A to perform dangerous operations which threaten his
personal safety, Party B may terminate his employment contract forthwith without
giving prior notice to Party A.
Article 40 Party A may
not terminate an employment contract if Party B:
(1)
Has been confirmed as having lost or partially lost his capacity to work due to
an occupational disease contracted or a work-related injury sustained with the
Party B;
(2)
Has contracted an illness or sustained a non-work-related injury, and the set
period of medical care therefore has not expired;
9
(3)
Is a female employee in her pregnancy, child birth and baby nursing
period;
(4)
Other circumstances specified in laws or administrative statutes
regulations.
Article 41 Generally any of
the parties may terminate his employment contract by giving an one month prior
notice to the other party, otherwise he will pay 2 times’ salaries as
compensation money. Employment contract termination procedures will be handled
in accordance with legal and relevant enterprise prescriptions.
Article 42 During the contract
period, if Party B feels he has a proper objection to working, he can quit the
job by informing Party A in writing one month in advance, effective after Party
A’s approval. If Party B leaves during training, but the work hasn’t reached to
a specified term, Party B shall pay training fee for Party A. If Party B quits
the job without approval of Party A, Party A has the right to request Party B to
execute employment contract under the help of governmental labor department, and
then compensate economic losses hereof to Party A.
Article 43 During the contract
period, if Party B assumes such senior posts in finance or management, and Party
B quits his job without any proper reason and without obtaining Party A’s
approval in advance, Party A has the right to request Party B to compensate the
direct or indirect economic losses hereof, and at least the remaining total
salaries specified in the contract for breaching the contract.
Article 44 The employment
contract shall terminate if:
(1)
Its term expires;
(2)
Party B has commenced drawing his basic social security insurance pension in
accordance with the law;
(3)
Party B dies, or is declared dead or missing by a People’s Court;
(4)
Party A is declared bankrupt;
(5)
Party A has its business license revoked, is ordered to close or is closed down,
or Party A decides on early liquidation;
(6)
Other circumstances specified in laws or administrative statutes
regulations.
10
Chapter
10 Responsibility for Breach of Contract
Article 45 Both parties must
strictly perform the employment contract, unless some relevant contents can’t be
performed after both parties’ negotiation, any of the parties violating the
contract shall compensate economic losses hereof depending on the degree and
responsibilities, compensation amounts shall be determined in accordance with
regulations and practical conditions.
Chapter
11 Others
Article 46 This contract is
discussed by workers' congress, approved by the Board of Directors, and the
final power of interpretation is possessed by the Human Resource Department (or
the Office) of Zhengzhou Shenyang Technologies Co., Ltd.;
Article 47 Once the contract
is signed, both parties must abide by the contract strictly. Both parties may
not change contract contents at his own choice. All disputes caused by this
contract shall be settled down through negotiation, if failed, they may submit
to local labor dispute arbitration committee;
Article 48 The matters that
are not covered by this agreement or not complied with the law of state or local
government should be executed in accordance with the law;
Article 49 This contract is
executed in duplicates, Party A and Party B each has one and shall be supervised
by superior department in charge of Party A and state labor management
department.
This
contract will take effect immediately as from the signing day!
|
Company
Seal
|
Party
B (Signature): Xxxxx Xxx
|
|
|
Date:
14th,
Dec, 2009
|
11
