LABOR CONTRACT
(English
Translation)
Exhibit
10.20
Party
A: Beijing Jinzhengdong Human Resources Consultant Co., Ltd.
Address:
Xxxx 000, XXXXXXX Xxxxx, Xx.00, Xxxxx Xxx Men Xxx Ave., Beijing
Party
B:
Gender:
Male/ Female
ID
No.:
___________________________
Date
of
Birth: m/m/d/d/y/y
Date
joined: m/m/d/d/y/y
Home
address: ___________________________
Post
code: ___________________________
Registered
permanent residence: ______
Street
(village/ town), ______
District
(County),
Province
(City)
Party
A:
Beijing Jinzhengdong Human Resources Consultant Co., Ltd. Signature
of
Party
B:
Legal
Representative:
Or
Authorized Proxy:
(Signature
or seal)
Signing
Date: m/m/d/d/y/y Signing
Date:
m/m/d/d/y/y
In
accordance with the Labor Law of the People’s
Republic of China and relevant laws and regulations, this Contract is conclude
by and between Party A and Party B through equal negotiations, wherein both
Parties will observe all articles of the Contract.
Labor
Contract Term
Article
1
This Contract is a fixed-term contract. The Contract will come into force as
of
m/m/d/d/y/y and expire on m/m/d/d/y/y, among which, the probationary period
is
till m/m/d/d/y/y.
Work
Contents
Article
2
Party B agrees to work with Beijing PKU Chinafront Technology Co., Ltd. in
accordance with the needs of Party A.
Article
3
Party B agrees to accept the position arranged by the company, and guarantees
to
fulfill the workload required and meet the quality (duty) standards
prescribed.
Labor
Protection and Working Conditions
Article
4
Party A implements the standard working hour system or the working hour system
of comprehensive calculation. The company where Party B is sent to may arrange
the working time of Party B in accordance with this Article. When arranging
Party B to work overtime, it shall give the overtime pay as provided in the
Labor Law.
Article
5
Party A requires that the company where Party B is sent to shall guarantee
the
working conditions of Party B comply with the labor safety and health standard
of the state.
Labor
Remuneration
Article
6
Party A implements the next payroll system, namely, pay the salary of Party
B in
cash (RMB) to the bank account of Party B before 10th
of each
month. The post salary of Party B is RMB ____
Yuan
(the company where Party B is sent to is entitled to adjust the remuneration
standard according to the market and company operation). Party A will collect
and pay the individual income tax. The salary of Party B will be calculated
and
delivered according to the actual attendance, work performance and the wage
payment method of the company. The salary that Party A pays to Party B after
deducing social insurance premiums and housing provident fund, shall be no
less
than the minimum wage standard stipulated by local government.
The
company where Party B is sent to is entitled to adjust the post of Party B,
and
the wages will change with the transfer of post, and vice versa.
Social
Insurance and Welfare
Article
7
Party B agrees that Party A may pay various social insurance premiums by taking
the current wages as the benchmark. Party A will withdraw the part that Party
B
shall pay from the wages of Party B and pay for Party B. Party B shall provide
the transfer certificate of social insurance or new referential materials
according to the time required by Party A (30 days within the validity of the
Contract), or (1) the company will not bear any responsibilities arising from
the negligence or suspension of social insurance payment. (2) the company
retains the right of terminating the employment relationship at any
time.
Article
8
With a view to guaranteeing that the social insurance of Party B is paid in
full
amount and Party B can enjoy the treatments of social insurance, both Parties
agree on the following contents through negotiations:
|
1.
|
In
case that the objective factors cause the month when the social insurance
premium of Party B is paid lagging behind the validity month of the
contract, Party A, after Party B leaves, will pay the social insurance
of
Party A and extend as long as the lagged months to ensure the contractual
month of Party B is equal to the months of social insurance payment.
(this
case does not include the circumstance that the decrease of month
paid is
de to the personal reason of Party
B)
|
|
2.
|
Grounding
on the reasons hereinbefore, the period the Party B enjoys the social
insurance treatment is the period that Party B actually participates
in
the social insurance.
|
Article
9
Under the premise of not violating the state policies, the treatment of Party
B
when he catches an industrial disease or is wounded in work should follow the
agreements concluded between Party A and the company where Party B is sent
to.
Article
10 When Party B catches a disease or is wounded in work, he should hospitalize
to the designated medical institution. He can take a leave after presenting
the
diagnoses certificate and the certification of leave issued by the designated
hospital and getting the approval, and enter the period of medical treatment.
The sick leave wage during the period of medical treatment after deducting
the
social insurance shall be no less than 80% of the minimum wage standard
stipulated by local government.
Article
11 The Company where Party B is sent to will determine the wages of Party B
who
is in the maternity period according to the provisions of the state and local
government.
Labor
Discipline
Article
12 Party B shall strictly observe various bylaws and labor disciplines of the
state, Party A and the Company where he is sent to; abide by the labor safety
and health, and work specifications; cherish the assets of the Company where
he
is sent to and observe occupational ethics; actively participate in the
trainings of the Company where he works with to improve his own quality; perform
his responsibilities carefully, obey management and keep the business secrets
of
the company in secret. In case of any violation, Party A is entitled to dispose
Party B in accordance with the disposals of the company where Party B is sent
to, until terminate the Contract.
Termination,
Modification and Rescission of Labor Contract and Liability for Breach of
Contract
Article
13 The Contract may be rescinded when both Parties reach consensus through
negotiations.
Article
14 In case that Party A and Party B will not extend the Contract after the
expiration of the Contract, both parties hereof shall go through relevant
procedures within 15 calendar days after the termination of the
Contract.
Article
15 In the event that the Company where Party B is sent to is on the brink of
bankruptcy, merger and acquisition, Party A is entitled to terminate the
Contract and the Company shall pay economic compensations to Party
A.
Article
16 In case of any of the following cases, both Parties hereof may change
corresponding articles of the Contract:
|
(1)
|
Party
A and Party B reach consensus through
negotiation;
|
|
(2)
|
The
objective circumstances based on which the Contract is concluded
change,
which make part of the articles of the Contract cannot be executed
(the
party requiring to modify relevant contents shall send the modification
requirements in writing to the other party; the other party shall
reply
within 15 calendar days; in case that no reply is received within
the 15
calendar days, it will be deemed as not agreeing on the
modification);
|
|
(3)
|
The
laws and regulations based on which the Contract is concluded have
changed;
|
Article
17 In case that Party B has involved in any of the following cases, Party A
is
entitled to terminate the Contract immediately without paying any economic
compensations; in case that Party B causes any economic losses to the Company
where he is sent to, Party A and the Company are entitled to investigate the
economic compensation responsibility of Party B.
|
(1)
|
Party
B has not checked in with the Company to work within 15 calendar
days as
of the date of prescribed employment
period;
|
|
(2)
|
Party
B has been proved not competent for the employment requirements during
the
probationary period;
|
|
(3)
|
Seriously
violate the labor disciplines or bylaws of Party A or the company
that he
is to be sent to;
|
|
(4)
|
Serious
breach of duty, jobbery, and cause adverse effect to the company
where he
is sent to or the losses are no less than RMB 500 Yuan (500 inclusively),
the company where he is sent to has put forward retirement opinions
in
writing to Party A;
|
|
(5)
|
Fight,
bustup, or damage or lose the assets or equipments of the company
where he
is sent to or relevant companies;
|
|
(6)
|
Violate
state laws and regulations and be investigated criminal responsibilities
according to laws;
|
|
(7)
|
Party
B absents without justifiable reasons for 3 consecutive days or 5
accumulated days;
|
|
(8)
|
Party
B provides false certificates or
data;
|
|
(9)
|
Party
B is involved in stealing and causes economic losses and adverse
effects
to the company where he is sent to and any third party. Once confirmed,
Party B shall bear compensation responsibility; if the case is serious,
he
will be investigated legal
responsibility.
|
|
(10)
|
Violate
the state regulations on the administration of peace and order and
punished by public security organs.
|
Article
18 In case that any of the following cases happens to Party B, Party A may
terminate the Labor Contract, but it shall notify Party B 30 calendar days
in
advance and pay economic compensations:
|
(1)
|
Party
B is not competent for the job in the company, and still not competent
after training, or the company where he is sent to has no job available
for him;
|
|
(2)
|
In
accordance with Article 16 (2), no consensus is reached between both
parties;
|
|
(3)
|
The
company where Party B is sent to cannot arrange any post for Party
B after
the expiration of the period of medical
treatment.
|
Article
19 In case that any of the following cases happens to Party A, Party B may
terminate the contract at any time:
|
(1)
|
During
the probationary period;
|
|
(2)
|
Party
A defaults the wages of Party B without justifiable
reasons;
|
|
(3)
|
Party
A fails to pay social insurance premiums according to the
law;
|
|
(4)
|
The
labor environment and working conditions of the company where Party
B is
sent to are poor and seriously violate the state
requirements;
|
|
(5)
|
Party
A and the person in charge of the company have restricted the freedom
of
Party B illegally.
|
Article
20 Party B, when intending to terminate the Contract, shall notify Party A
and
the company where he is sent to 30 calendar days in advance in writing. In
case
that Party B fails to send a written notice to Party A and the company in
advance, he shall make a payment in lieu of notice up to the wages of 30
calendar days to Party A.
Article
21 Party B shall stay in his position and fulfill his task during the period
from the date when putting forward a written notice to terminate the Labor
Contract to transacting procedures of termination, as well as go through work
transfer and procedures for leave as required by the Company. If Party B makes
bold to leave, Party A and the Company where he is sent to will deem it as
absence; regarding any economic losses suffered by the company therefrom, Party
A and the Company will investigate the compensation responsibility of Party
B.
Other
Articles Agreed by Both Parties
Article
22 Party B shall present the following materials:
|
(1)
|
Junior
college students, secondary specialized students and middle school
graduates shall provide the employment registration cards or occupation
cards.
|
|
(2)
|
Unemployed
or resigned persons shall provide the occupation cards, and present
the
certificate of labor contract termination issued by the original
companies
and slip of social insurance
transfer.
|
|
(3)
|
Provide
his own ID card, household registration, original and copy of the
academic
certification (the copy will be
retained).
|
|
(4)
|
Migrant
workers shall provide the ID cards and temporary residence certificate;
while migrant female workers shall provide the birth
certificates.
|
|
(5)
|
Latest
medical certificate issued by the hospital designated by Party
A.
|
Article
23 The Company where Party B is sent to, in accordance with the needs of work,
may adjust the post of Party B through negotiation and determine the post wage
according to the new performance appraisal standard.
Article
24 Party A or the Company where Party B is sent to may conclude the training
agreement, post agreement or confidentiality agreement with Party B, which
will
constitute attachments of the Labor Contract and are of equal legal
force.
Article
25 Party B participates in the training sponsored by the Company. If it is
due
to Party B’s own cause that he terminates the Labor Contract with the Company in
advance, Party B shall pay damages to the Company at the proportion of the
residual period to whole service term.
Article
26 Commencing from the month joined, Party B is obliged to file his own archives
with the employment center or the talent service center where the registered
permanent residence of Party B is, Party B (or the Company that he is sent
to)
will bear the filing fee and gives the filing certificate to Party
A;
|
(1)
|
If
he entrusted Party A to handle the filing procedures, Party B shall
pay
the filing fee to Party A by natural year and in full amount: RMB240/
Person·
Year; and shall pay the filing fee continuously if he extends the
filing;
Party B, after terminating the Labor Contract with Party A, shall
transact
personnel archives filing or transfer procedures to the filing institution
entrusted by Party A; or, Party B shall bear all losses
suffered.
|
|
(2)
|
Regarding
the losses of relevant treatments for Party B failing to file his
archives, Party B shall bear all
responsibilities.
|
Article
27 In case that Party B, upon the request of the Labor competent authority,
goes
to a post needing a qualification certificate, relevant expenses arising from
the transaction of effective certificate shall be at Party B’s own
expense.
Article
28 Other contents agreed by both Parties.
Labor
Disputes and Miscellaneous
Article
29 All disputes arising from the implementation of the Contract shall be
submitted by the party concerned to the Beijing Chongwen Labor Arbitration
Committee for arbitration within 60 days as of the date when the dispute
happened.
Article
30 Attachments of the Contract: Guidance for Dispatched Employees and relevant
regulations of the company where Party B is dispatched.
Article
31 Party B has read relevant bylaws and regulations carefully.
Article
32 Matters uncovered in the Contract or any article contradicting the
regulations of the state and local governments, regulations of the state and
local government shall prevail.
Article
33 The Contract is made in triplicate, with Party A, Party B and the Company
where Party B is dispatched holding one.
Article
34 After the contract term expires, if neither Party A or Party B puts forward
any objection, the Contract will be deemed as being extended automatically,
and
the contract term is equal to the term agreed in Article 1 of the Contract
(no
probationary period will be required). After the expiration of the extended
contract term, if no Party puts forward any objection, the Contract will be
extended as agreed previously, so on and so forth.
Article
35 The Contract will come into force as of the date of signing.
