Employment Contract of Key Officer
Employment
Contract of Key Officer
|
Party
A:
|
Xi’an
Amorphous Alloy Zhongxi Transformer Co,
Ltd.
|
| Party B: | Xxxxxx Xxxx |
This
Contract is signed on a mutuality voluntary basis by and between Party A and
Party B in accordance with the “Labour Law of People's Republic of China."
1.
Term of the Contract:
Article
1
The term of this contract shall commence on July 1, 2004 and shall continue
until December 31, 2009.
Probationary
period : None.
2.
Job Description:
|
Article
2
|
Department
of Party B:
|
| Position: Executive |
| Title: Chief Financial Officer. |
Article
3
Party A may adjust party B’s position based on Party B’s objective condition,
requirement of working, the ability and performance of Party B, Party B shall
obey the management and arrangement of Party A, anyone who disobey the
arrangement of Party A, Party A may terminate this contract.
Article
4
Based on KPI that two parties agreed after consultation, Party B shall fully
complete the assigned work by Party A within the limited period based on the
economic index, job description and working procedure.
Article
5
Party B shall follow the regulations of Party A.
Article
6
In the effective period of contract, Party B shall not establish and keep
an
employment relationship with third party.
3.
Working Hours, Rest and Leave
Article
7
Party B shall conduct the flexible working hours after consultation by two
parties, the normal working hours of Party B shall be eight hours each day
in
principle, party B may work overtime or arrange his/her leave by him/herself
under this circumstance that Party B ensure to fully meet KPI for monthly,
quarterly and yearly of Party A.
Article
8
The Party A may extend working hours or work in his/her leave and legal holidays
due to the requirements of its production or business based on the Article
41
and 42 of “ Law of the People’s Republic of China on Employment Contract”, Party
A shall pay the overtime pay or adjust him/her leave based on the Article 44
of
“ Employment Contract”.
Article
8
The leave for sick, absence, marry and death, pregnancy is in accordance with
the
related
regulations and “ Staff Hand Book” of Party A.
4.
Labor Protection and Working Conditions
Article
10 Party A shall strictly implement the related regulations of state and local
government regarding security, labour protection and occupational hygiene,
fully
ensure Party B’s security and health in the process of working .
Article
11 Party A shall provide Party B the qualified labour protection articles and
safety working condition.
Article
12 Party A should provide Party B with occupational morals, technique, safety,
hygiene and related regulation education and training.
5.
Labor Compensation;
Article
13 Party A implement yearly salary system based on “The Yearly Salary Program
for Key Officers of Xi’an Amorphous Alloy Zhongxi Transformer Co., Ltd.” to
Party B, Party A will pay Party B the basic yearly salary and performance yearly
salary of RMB 3,000 after conducted KPI of year-end.
Article
14 Party A shall pay Party B the basic salary of 2,000 in RMB each month in
accordance with related regulations of state, local government and Party
A.
6.
Social Insurance
and Welfare
Article
15 The
Party
B will pay all mandatory social insurance such pension insurance, medical
insurance, unemployment insurance and other insurance according to relevant
government and city regulations. At
the
time of termination or ending of an employment contract, Party A shall issue
a
proof of termination or ending of the employment contract and carry out the
procedures for the transfer of Party B file and social insurance account.
Article
16 An illness or a non-work-related injury of Party B, Party A shall comply
with
the regulations based on the laws regarding the salary for illness leave and
the
set period of medical care.
Article
17 An occupational illness or a work-related injury of Party B, Party A shall
comply with the laws and regulations of state regarding the salary for illness
leave and the set period of medical care.
Article
18 Party A shall comply with the regulations regarding the remuneration based
on
the laws for a female employee in her pregnancy, confinement or nursing period.
7.
Labour Discipline
Article
19 Party B shall comply with the regulations based on the laws of Party A
regarding safety, hygiene, procedure and technique; take good care of the
property of Party A, follow the occupational morals; attend actively the
education and technique training which provided by Party A.
Article
20 If Party B breaks the labour discipline, Party A shall take disciplinary
measure or terminate this contract based on the regulations of
company.
7.
Modification, Discharge, Termination and Renew of the Contract
Article
21 This contract may modify the related content, when the laws and regulations
is modified which this contract relied upon..
Article
22 A major change in the objective circumstances relied upon at the time of
conclusion of the employment contract renders it un-performable, Party A and
Party B may modify the related content after consultations.
Article
23 Party A
may
terminate an employment contract if Party B:
(1)
Is
proved during the probation period not to satisfy the conditions for employment;
(2)
Materially breaches Party A’s discipline or rules and regulations;
(3)
Commits serious dereliction of duty or practices graft, causing substantial
damage to Party A;
(4)
Has
his/her criminal liability pursued in accordance with the law;
(5)
Failed to complete Party A’s assignment which links with KPI conducted by Party
A for 2 years consecutively.(except the reason of Party A)
Article
24 Party A may terminate an employment contract by giving Party B 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)
Party
B is incompetent and remains incompetent after training or adjustment of his
position;
(3)
A
major change in the objective circumstances relied upon at the time of
conclusion of the employment contract renders it un-performable and, after
consultations, Party A and Party B are unable to reach agreement on amending
the
employment contract.
Article
25 Party A may terminate this contract, if Party A is facing the bankruptcy
and
in the period of legal consolidation, or serious difficulties in production
and/or business operations, after Party A has explained the circumstances to
its
Trade Union or to all of its employees , and also reported to the labor
administration department.
Article
26 Party A may not terminate an employment contract pursuant to Article 23
and
Article 24 hereof if Party B:
(1)
Has
contracted an illness or sustained a non-work-related injury, and the set period
of medical care therefore has not expired;
(2)
Is a
female employee in her pregnancy, confinement or nursing period;
(3)
Finds
himself in other circumstances stipulated in laws or administrative statutes.
(4)
Occupational illness or work-related injury is confirmed that Party B has lost
or partially lost his capacity to work, after appraisal by labour appraisal
committee in city, district and county when the medical care is completed.
Article
27 Party A may terminate an employment contract by giving Party B 30 days’ prior
written notice.
Article
28 Party B may terminate his employment contract if Party A:
(1)
In
the period of probation;
(2)
Party
A uses violence, threats or unlawful restriction of personal freedom to compel
Party B to work;
(3)
Fails
to pay labor compensation in full and on time based on this
contract.
Article
29 The Contract may be terminated automatically at the expiration. And it may
be
renewed through consultation by the two parties.
Article
30 The Contract may be terminated for whom has concluded
open-ended employment contract when the circumstances occurred for Party B,
such
as leaving the post, retirement, resignation or other agreed terms of
termination of this contract.
9.
Breach Liabilities
Article
31 If Party A violates or terminates this contract with Party B based on Article
24 and 25, Party
A
shall pay damages pursuant to related regulations.
Article
32 Party A provides special funding for Party B’s training and gives him
professional technical training, if Party B requires to terminate this contract
on the term of his service, Party B shall pay liquidated damages to Party A
based on the training expenses.
Article
33 If Party A terminates this contract with Party B based on Article 26,
Party
A
shall pay damages to Party B pursuant to related regulations.
Article
34 Due to either party’s fault, if breaching the Contract, that party shall
undertake the breach liability according to the extent to the performance of
the
Contract; if the two parties both breach the Contract, they shall undertake
its
separate liability according to the concrete situation.
Article
35 Due to either party’s fault, if breaching the Contract to damage the other
party. The damage should be compensated by the faulty party accordance with
the
relevant laws and regulations of PRC.
Article
36 If Party B resigns or be employed by other company without approval of Party
A, Party A have right to require Party B return back or dismiss him, and Party
B
shall
pay
damages to Party A.
Due
to
the force majeure, causing the non-performance or the damages to either party,
the other party may not undertake the breach liability;
10.
Other
Matters Which Requires to be Included in Employment Contract
Due
to
Party B’s special and important position, he may touch core technique and trade
secrete, including all kinds of enterprise and clients information. Party B
is
not allowed to disclose the above confidential information to the third party
or
use by his privacy without agreement of Party A in his term of service. Party
B
shall return all the above confidential information to Party A when he resigns.
If Party B disclose or copy the above confidential information and results
the
damages to Party A, Party B shall retrieve the losses and pay damages to Party
A, otherwise, Party A have right to bring the case to
a
people's court.
11.
Labor Disputes
Article
37 Where a labor dispute between the parties takes place during the performance
of this Contract, the parties concerned may seek for a settlement through
consultation; or either party may apply to the labor dispute mediation committee
of their unit for mediation; if the mediation fails and one of the parties
requests for arbitration, that party may apply to the labor dispute arbitration
committee for arbitration. Either party may also directly apply to the labor
dispute arbitration committee for arbitration within 60 days starting from
the
date of the occurrence of a labor dispute. If one of the parties is not
satisfied with the adjudication of arbitration, the party may bring the case
to
a people's court.
12.
Others
Article
38 Any terms which is not include this contract conforms to relevant law,
regulation, policy and the regulations of Party A.
Article
39 This contract will be valid after signed by both parties in two originals,
Party A and Party B holds each one original.
Party
A: (Seal)
Legal
Representative: or
trustee:
Party
B: (Signature
or Seal)
Date
of
Signing: July
1,
2004
