EMPLOYMENT AGREEMENT (Prepared by the Labor Bureau of Shenzhen Bao’an District)
(Prepared
by the Labor Bureau of Shenzhen Bao’an District)
Party A
(Employer): Feigeda
Electronic (SZ) Co., Ltd.
Address:
Building 66, Longwang
Temple Industrial Area, Baishisha, Fuyong Town, Bao'an District,
Shenzhen
Legal
Representative (or principal):Bu Xxxxx
Contact:
Xiao
Dingfan
Telephone:____________
Party B
(Employee):
Xxx Xxxxxxxx
Gender:
Female
ID(Passport)
NO.___________________
Address:_______________________________________
Telephone:________________________
Based on
the principles of legality, equality and voluntariness, mutual agreement, and
good faith, this Employment Agreement (the “Agreement”) is entered into by and
between Party A and Party B in accordance with Labor Law of People’s Republic of
China (the “Labor Law”), the Labor Contract Law of the People’s Republic of
China (the “Labor Contract Law”) and relevant Laws and
Regulations. It is agreed by the Parties as follows:
Article
1 Term of Employment Agreement
1. The
Parties agree to choose the 1)
of the items below as the term of the Agreement:
1) This
is a fixed-term employment agreement: commencing from the 11th
day of June
,
2010 and ending on the 11th
day of June
,
2011 .
2) This
is an open-ended employment agreement: commencing from the ____ day of _____,
______ and ending on the ______ day of ______, _______.
3) This
employment agreement will be terminated upon the completion of a certain task:
commencing from the ____ day of _____, ______ and ending on the completion
of____________ (task). __________shall be deemed as the completion of
_______________ (task).
2. The
probation period
The
Parties agree to choose the 2) of the items below
to determine the probation period (the probation period is included in the term
of the Agreement):
1) The
probation period does not apply to this Agreement.
2) The
probation period is from the
11th day of June ,
2010 to the
11th day of
June, 2011.
(If an
employment agreement has a term of more than three months but less than one
year, the probation period shall not exceed one month; if an employment
agreement has a term of more than one year but less than three years, the
probation period shall not exceed two months; for a fixed-term agreement with a
term of more than three years and an open-ended employment agreement, the
probation period shall not exceed six months.
The
probation period shall not apply to the employment agreement with a term of less
than three months or to be terminated upon the completion of a certain
task.
The same
employer may only stipulate one probation period with the same
employee.)
Article2 Job Position and Duties; the Place of
Work
1. Job
description for Party B ( or job position):, Corporate
Secretary
2. The place
of work for Party B : Office
Article
3 Working Hours, Rest Days and Holidays
1. The
Parties agree to choose the 1)
of the items below to determine the Working Hours of Party B:
1)
Standard working hour system: Party B works for
9 (no more than eight) hours a day and 40
(no more than 40) hours a week on the average; Party B has at least one day off
a week.
2)
Flexible working hour system: upon the examination and approval of the local
Labor and Social Security Administration Department, flexible working hour
system may be applicable to Party B’s job post.
3)
Comprehensive working hour system: upon the examination and approval of the
local Labor and Social Security Administration Department, comprehensive working
hour system may be applicable to Party B’s job post.
2. In need
of business operation and production, Party A may have right to require Party B
to prolong work hours in accordance with Article 41 of the Labor
Law.
3. Party B
shall be entitled to statutory holidays, marital leaves, funeral leave, and
maternity leave.
4. The
other relevant rest days or holidays arrangements for Party B:
.
Article
4 Remuneration
1. The wage
paid for Party B for Party B’s normal labor within normal working hour (as the
basis for calculating the overtime wage) shall be determined by the ___
item below, which shall not be lower than the local municipal minimum wage
standard and the wage standard for the collective employment agreement of Party
A subject to adjustment from time to time.
1) Hourly
wages: ___________RMB/month (or___________RMB/week).
2) Wages
for piecework:__________________(subject to the condition that 70% of employees
can complete the task within the normal working hours, this item shall be agreed
upon by the Parties.),
3) Wages
in other forms: Salary
is composed by Basic Salary, Performance Bonus, and Welfare.
2. The
monthly probation wage for Party B is___________RMB/month (it shall not be lower
than 80% of the agreed standard or minimum wage level of the same work position
in Party A as the stipulated in paragraph 1, Article 4 above, however, it shall
not be lower than the local municipal minimum wage level as adjusted from time
to time).
3. When
Party A arranges Party B to work overtime in accordance with laws and
regulations, Party A shall pay overtime wages to Party A pursuant to Article 44
of the Labor Law.
4. Party A
shall pay Party B wages in legal currency rather than in any other forms such as
in kind or securities.
5. The
Parties hereto may stipulate the specific measures for wage increase in
consideration of the operation conducted by Party A and price index through
negotiation or collective consultation.
6. Payment
of wages shall be made on the
15th day of every month (or the___week of every month); if
the pay day falls on public holidays or rest days, wages shall be made on the
latest working day prior the public holidays or rest days.
Article
5 Social Insurance and Welfare
1. Party
A shall participate in social insurance and undertake to pay social insurance
contributions for Party B in accordance with the state, provincial, and
municipal provisions.
2. If Party
B suffers from disease or non-work related injury, Party A is required to grant
Party B medical treatment period and relevant welfare in accordance with the
state, provincial, and municipal provisions.
3. If
Party B suffers from occupational diseases or work-related injury, Party A is
required to treat Party B in accordance with Occupational Disease Prevention Law
and Work Injury Insurance Regulations and the relevant laws and
regulations.
4. In
addition, Party A shall provide Party B with the following welfare(s):
_____________________________________________________________
Article
6 Labor Protection; Working Conditions and the Prevention of Occupational
Hazards
1. To
effectively protect Party B’s safety and health, Party A shall provide Party B
with workshop whose condition shall comply with national health standards, and
necessary labor protection articles in accordance with relevant state,
provincial and municipal labor protection regulations.
2. Party
A shall provide special protection for female or minor employees in accordance
with relevant state, provincial and municipal regulations.
3. When
undertaking the operation
of , Party
B may be exposed to the occupational diseases of , and Party A
shall take the labor protection of ,
and organize Party B to go for body check-up(s) once / twice /
( ) times a year.
4. If the
management personnel of Party A violate the relevant regulations and force Party
B to engage in dangerous operations, Party B has the right to refuse to obey the
instruction, and has the right to require Party A to correct the foresaid act or
report the foresaid acts to the competent administrative authority.
Article
7 Work Discipline
1. The rules
and regulations lawfully stipulated by Party A shall be publicized to Party
B.
2. Party
B shall observe the laws and state, provincial and municipal regulations and the
lawful rules and regulations stipulated by Party A, abide by the safety rule and
ethics, timely fulfill his job assignments and improve his vocational
skills.
3. Party
B should observe the family planning requirement in accordance with relevant
state, provincial and municipal regulations.
Article
8 The Modification, Dissolution and Termination of This
Agreement
1. The
Parties may modify or dissolve the Agreement in accordance with the conditions
provided in Labor Contract law or through negotiation, no matter it is a
fix-term employment agreement, open-ended employment agreement or employment
agreement designed to the completion of certain task.
2. Except
that Party B is incompetent for the job post, and Party A adjusts Party B’s job
post according, when the Parties shall modify the Agreement in writing, and each
Party shall hold one copy of the modified version of the Agreement.
3. This
Agreement shall be terminated upon the occurrence of the termination conditions
as stipulated in the Labor Contract Law.
Article
9 Pecuniary Compensation and Medic-aid
When the
Parties dissolve or terminate the Agreement, Party A shall offer pecuniary
compensation and Medic-aid to Party B in accordance with the Labor Contract Law
or relevant state, provincial and municipal regulations.
Article
10 Procedure of Dissolution and termination of Agreement
When the
Parties dissolve or terminate the Agreement, Party B shall proceed to complete
the hand-over procedures and Party A shall issue a written certification for
Party B and transfer Party B’s archives and social insurance within fifteen
days.
Article
11 Settlement of Disputes
Any
disputes arising from the performance of the Agreement shall be settled through
friendly consultations between both Parties. In the case that no settlement can
be reached through consultations, either party involved may apply to the labor
union for settlement or the labor dispute mediation committee located at the
place where Party A is registered for mediation; either party involved may also
submit the dispute to competent labor Arbitration Commission for arbitration or
bring the case to a people’s court.
Article
12
The other terms agreed by both
Parties: Party B shall strictly
follow the rules and regulations that formulated by Party A.
Article
13 Miscellaneous
1. Any
issues that have not been addressed in the Agreement or any provisions herein
conflict with the laws and regulations in force, the laws and regulations in
force shall be applicable to this Agreement or prevails.
2. This
contract shall come into effect upon the execution of the Parties or their
authorized agent and stamping by Party A. The Agreement shall not
come into force if it is executed by an unauthorized agent without prior written
authorization. Any alternations to the Agreement shall not come into
force.
3. This
Agreement is made in duplicate and each Party holds one copy.
Party
B (Signature):/s/ Xxx
Xxxxxxxx
|
Legal
Representative (Principal) (Signature):
Date:___YY__MM___DD
|
Date:2010 YY 6
MM 11
DD
|
Note: The
Agreement is made in two originals and each Party shall hold one
copy. The Employee shall keep the yellow copy and the Employer shall
keep the white copy.