Labour Contract
Exhibit
10.2
Party
A:Xxx Xxx Xxx Xxxx Xxxx Pharmacies Co., Ltd
Address:
No. 504, West Ren Min Road, Kun Ming
Legal
Representative: Zhen Xxxxx Xxxx
Party B:
Yi Xxx Xx
According
to the Labour Law of P.R.China and relevant laws and regulations, Party A and
Party B have reached the following agreement in pursuance of the principle of
equality, free will and mutual covenant:
1.
Position and job (type of work)
Per the
business requirement of Party A, Party B is employed in the position of CFO (Type of
work).
2. Term
of contract (Probation Period)
2.1 Term
of contract
Party A
and B choose the 1st
option as the term of this Contract.
I. Fixed
term 3 years,
commencing the date June 1,2009 and
ending as of date May
30,2011.
II.Unfixed
term, commencing from the date of signing of this Contract.
III. To
complete certain amount of work, commencing the date____ and ending the date____
until the work is finished.
2.2
Probation Period
I. No
probation.
II.
Probation_(crossed here)__ Month. Probation period shall be inclusive of the
contractual term.
3. Work
Time
Party A
carries out the 1st working time
system per the State's rules.
3.1
Standard work time, namely, Party B works 8 hours a day, 40 hours a
week.
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3.2
Unfixed working time.
3.3.
Comprehensive calculation of working time.
Party A
is entitled to prolong the working time based on its specific requirement and
subject to consultation with the work union or Party B, usually no more than 1
hour a day. Under extreme circumstance the working time can be prolonged to no
more than 3 hours provided Party B's health condition is well protected. Monthly
prolonged work time shall not exceed 36 hours.
The above
restriction shall not apply if the prolonged work time falls into the
circumstance provided by laws and administrative regulations.
4.
Compensation
4.1
Salary during probation RMB (Crossed) per month;
Upon completion of probation salary RMB 3400 per
xxxxx.Xxxxx B may choose to adjust salary of Party B based upon the laws and
collective labour contract. However, the salary payable by Party A to Party B
shall not be lower than the mandatory minimum salary standard announced by the
municipal government of the current year.
4.2 Pary
A shall pay salary before the 30th day of each
month.
4.3 If
over time work is arranged by Party A, salary shall be paid per Article 44 of
Labour Law.
4.4 The
salary shall be paid per the relevant regulations if Party B is sick or injured
not due to the work.
4.5 Party
B's salary is unaffected if he/she performs the State's and social obligations
per the State's rules during the work time.
4.6 Party
B's salary shall be paid per the relevant rules during the suspended
period.
4.7 Party
B is entitled to vacations or leave per the State's rules, the salary during
which time shall be as per the relevant rules of the State, Province and
Municipality.
5. Labour
Protection and condition
5.1 Party
A shall provide safe and hygiene condition and necessary labour protection
facilities. Regular physical examination shall be provided to employees under
the risk of occupational hazard.
5.2 Party
B is entitled to reject the endangering work instruction of Party A's managers
and lodge complaint on conducts endangering life safety and
health.
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6. Social
Insurance and welfare
6.1 Party
A shall arrange social insurance for Party B per the social insurance rules of
Xxx Xxx Province.
6.2 If
Party B is injured or dead due to work, the Work Injury Insurance Regulation and
relevant rules shall apply.
6.3 The
social welfare shall be constantly improved if economically permitted for Party
A.
7. Work
Discipline
During
the contractual term Party B shall:
7.1
comply with all policies and rules of Party A.
7.2
strictly comply with safety operational rules and ensure safe
manufacturing.
7.3
fulfill the work assignment timely.
7.4 keep
confidential of Party A's business secret and safeguard Party A's
assets.
7.5
comply with the State's and local one- child policy.
8.
Amendment, cancellation, re-establishment and termination
8.1 Upon
mutual covenant this Contract is subject to amendment.
8.2 Party
A is entitled to terminate the labour contract when any one of the following
circumstance arises:
I. Is
proved during the probation period not to satisfy the conditions for
employment；
II.
Materially breaches the Employer's rules and regulations；
III.Commits
serious dereliction of duty or practices graft， causing
substantial damage to the Employer；
IV Has
his criminal liability pursued in accordance with the law;
V. Other
circumstance provided by laws and regulations.
8.3 Party
A is able to terminate the Contract with 30 days written notice given any of the
following circumstances arises:
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I.
Reduction of people approved by the Labour Bureau due to restructuring at the
brink of bankruptcy or when Party A encounters serious difficulties in
production and/or business operations;
II. After
the set period of medical care for an illness or non-work-related injury， the Employee can
engage neither in his original work nor in other work arranged for him by his
Employer
III.The
Employee is incompetent and remains incompetent after training or adjustment of
his position
IV. major
change in the objective circumstances relied upon at the time of conclusion of
the labour Contract renders it unperformable and， after
consultations， the Employer and
Employee are unable to reach agreement on amending the Labour
Contract.
8.4 Party
A cannot terminate the Labour Contract in accordance with 8.3 when any of the
following circumstances arises:
I. Party
B is engaged in operations exposing him to occupational disease hazards and has
not undergone a pre-departure occupational health check-up， or is suspected
of having contracted an occupational disease and is being diagnosed or under
medical observation；
II. Party
B 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 Employer；
III.
Party B has contracted an illness or sustained a non-work-related injury， and the set
period of medical care therefore has not expired；
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IV. Party
B is a female employee in her pregnancy，confinement or
nursing period；
V. Other
circumstances as specified by laws and regulations.
8.5 Party
B may terminate the Labour Contract with Party A any time when any of the
following circumstances arises:
I. Within
probation period;
II. If
Party A fails to provide the labor protection or working conditions specified in
the employment contract；
III. If
Party A uses violence， threats or
unlawful restriction of personal freedom to compel a Employee to
work;
IV. Other
circumstances as specified by laws and regulations.
8.6 Then
Labour Contract is terminated automatically when ny of the following
circumstances arises:
I. Party
A is bankrupted;
II. Party
A is wound up or cancelled lawfully;
III.
Party B is deceased.
8.7
Except for the circumstances given in 8.5, a 30 days notice shall be given by
Party B to Party A.
8.8
Reestablishment of the Labour Contract
If both
Parties agree to renew the employment relationship, another labour contract
shall be establised within 30 days before the expiry.
8.9
Termination
The
Labour Contract is terminated when the Contract expires or when the conditions
lead to termination arises.
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9.
Liabilities
9.1
Liabilities of Party A
I. If
Party A deducts or delay the payment of salary of Party B for no cause, or
refuses to pay over time salary, an extra 25% of the salary shall be payable in
addition to the salary.
II. If
the salary is lower than the minimum salary announced by the municipal
government of the current year, such difference shall be paid together with 1%
per day of the total amount of difference.
III. If
Party A fails to arrange social insurance per 6.1, which causes damages to Party
B, Party A shall make compensation according to the relevant rules of Xxxx Xxxx
social insurance policies.
XX.Xxxxx
A shall pay compensation to Party B if any one of the following conditions is
satisfied.
A. The
Labour Contract is terminated due to the proposal of Party A but subject to both
parties' consent.
B. The
Labour Contract is terminated according to I, II, III and VI of Article 8.3 and
II, III and VI of Article 8.5.
V. Party
A shall pay one time medical allowance to Party B if the Labour Contract is
terminated per II of 8.3.
VI. A
compensation equivalent to one month salary shall be payable to Party B if the
Labour Contract is terminated in accordance with II, III and IV of 8.3 without
30 days prior notice.
9.2
Liabilities of Party B
If Party
B terminates the Labour Contract by violating this Contract, which causes
damages to Party A, Party B shall be liable for:
I. The
expenses incurred on Party A to recruit Party B;
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II. The
training fees paid by Party A for Party B;
III. Any
direct economic loss incurred on manufacturing, operation and work.
9.3 Other
liabilities agreed by both parties:
Crossed.
10.
Dispute Resolution
Any
dispute shall be subject to consultation first while the unsolved dispute after
consultation shall be mediated by Party A's Labour Dispute Mediation Committee
or submitted to labour arbitration. If there is still a dispute toward the
arbitration award, either party may lodge a law suit in People's
Court.
11. Other
specific issues or amendments to the original contract:
Crossed
12. If
there are any discrepancies between this contract and the existing labour laws
and regulations, the latter shall prevail.
13. This
contract is effective from the date of signing or sealing by both parties. Any
alteration or unauthorized represented signing are invalid.
14. This
contract is in duplicate while each party holds one original.
15. The
below documents shall be the exhibitions of this contract, which have the same
effectiveness: (crossed)
15.1
15.2
15.3
|
Party
A (Seal)
|
Party
B(Signature)
|
Legal
Representative( Or responsible person) Signature
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|
Date
of signing by both parties
|
|
Labour
Contract shall be in a written form with each party of both parties holding one
original.
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