Labor Contract
EXHIBIT
10.4
| Party A: | Party B: |
| Date: ____month_______day ______year | Date: ______month ______day _______year |
| Party A | Party B |
| Educational background | |
| Economic type | Sex |
| Legal representative | DOB: |
| Number of ID card | |
| Zip | |
| Address: 0# xx Xxxxx Xxxx, Xxxxx Industrial Park | Address: |
| Sub-district administrative office |
Party A
and Party B have made and entered into the following Contract on the principle
of equality and freewill and according to existent Labor Law of the People's Republic
of China and Labor
Contract Law of the People’s Republic of
China.
I.
Term of Labor Contract
Article I Term type of this
Contract shall be ______.
This
Contract shall take effect on the _____day of
______ of
_______,
including a probationary period of ______months.
This
Contract shall expire on _____day of
_____ of
______.
II. Work Contents
Article II Party B agrees to
serve in the department
according to work needs of Party A.
Article III Specific quantity
and quality of works to be performed by Party B shall be specified in the post
(invitation) agreement.
III.
Labor Protection and Work Conditions
Article IV Party A arranges
work, rest and holiday time for Party B according to Labor Law of the People's Republic
of China. On the premise of compliance with relevant laws and
regulations, Party A may arrange corresponding work and rest time for Party B
with approval from relevant labor administration departments and according to
work needs.
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Article V If Party B is to
work overtime, Party A should give compensatory leave or pay overtime wage as
stipulated by laws.
Article VI Party A should
provide necessary working conditions and tools to Party B, and should build
consummate work processes, draw up operation instructions, work specifications,
work safety and sanitation systems and relevant standards.
Article VII Party A shall be
responsible for education and training of Party B over political ideas,
professional ethics, as well as work safety, sanitation and relevant regulations
and systems.
IV.
Labor remuneration
Article VIII Wages should be
distributed according to performance.
Article IX The two parties
agree that, according to the wage distribution system legally built by Party A,
Party B shall be paid CNY each month, and
during the probationary period, the wage shall be CNY each
month.
Party A
should pay money wage to Party B on the day of each
month.
V.
Insurance
Article X Both parties should
pay endowment, unemployment and other social insurance expenses as stipulated by
national social insurance system.
Party A
should fill out the Employee
Endowment Insurance Handbook for Party B. when the Labor Contract is
terminated or cancelled, the Employee Endowment Insurance
Handbook should be transferred accordingly.
Article XI Relevant insurance
regulations shall be followed if Party B is sick or suffers non-employment
injuries.
Article XII Refer to relevant
national regulations for wage and medical insurance issues when Party B
contracts occupational diseases or employment injuries.
VI.
Labor Discipline
Article XIII Party B should
obey regulations and systems legally built by Party A, strictly follow work
safety and sanitation, work processes, operation specifications and work
specifications, take good care of properties of Party A and observe professional
ethics, actively participate in trainings organized by Party A to improve
idealistic consciousness and occupational skills.
Article XIV If Party B
violates labor disciplines, Party A may punish Party B according to relevant
regulations and systems stipulated by Party A until having to cancel this
Contract.
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VII. Change, Termination, Cancellation, Renewal of Labor Contract and Treatment for Breach of Contract
Article
XV This Contract should be altered accordingly following changes to laws,
administrative regulations and rules based on which this Contract is made and
entered into.
Article
XVI When performance
of this Contract becomes impossible due to significant changes to circumstances
based on which this Contract is made and entered into, contents of this Contract
can be changed accordingly through negotiations between two
parities.
Article XVII This Contract can
be cancelled if agreed by two parties through negotiation.
Article XVIII Party A may
cancel this Contract if any of the following happens:
1. Party
B proves falling short of acceptance conditions during the probationary
period;
2. Party
B is found in serious breach of labor disciplines or Party A’s regulations and
systems;
3. Party
B seriously neglects his duty, practices favoritism and commits irregularities,
and has caused serious losses to Party A;
4.
Criminal liabilities are ascertained on Party B.
Article XIX Party A may cancel
this Contract when any of the following happens, and Party B must be informed in
writing thirty days in advance:
1. Party B is sick or suffers injury other than employment injuries and cannot
retrieve previous works after the treatment period expires nor assume works
otherwise arranged by Party A;
2. Party B is considered as unqualified for assigned works and is still
considered incompetent after training or change of post;
3. Two parties fail to come to an agreement over change of contract as
stated in Article XVI.
Article XX During the period
of statutory consolidation, when Party A comes to the brink of bankruptcy or
runs deep into difficulties in production and management, this Contract can be
cancelled by Party A after explaining the situations to the trade union or all
employees to solicit their opinions and reporting the case to relevant labor
administrative departments.
Article XXI Party A cannot
terminate or cancel this Contract as stated in Article XIX and XX of this
Contract when Party B:
1. is in
stipulated medical treatment period due to sickness or non-employment injuries;
or
2. Female
employees are in gestational period, maternity period or suckling
period
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Article XXII The Labor Contact
cannot be cancelled according to Article XIX and XX if Party B contracts
occupational diseases or suffers employment injuries, and is authenticated and
verified by municipal, regional or county level labor appraisal committees as
incapacitated partially or completely, and relevant regulations shall
apply.
Article XXIII Party A should
be informed in writing thirty days in advance if Party B wants to cancel this
Contract.
If the
contract is to be canceled during the probationary period, Party A should be
informed three days in advance.
Article XXIV Party B may
inform Party A for cancellation of this Contract anytime when any of the
following happens:
1. Party
A forces Party B to work through means of violence, threatening, imprisoning or illegal
limits on personal freedom of Party B;
2. Party
A fails to pay labor remuneration or provide labor conditions as agreed in the
Contract.
Article XXV When the term
expires, this Labor Contract shall be terminated, and can be renewed through
negotiations between Party A and Party B.
Article XXVI Party A should
compensate losses caused to Party B by following the Labor Contract Law of the People’s
Republic of China if Party A shall terminate this Labor Contract by
violating agreement in this Contract or void contracts are made due to reasons
of Party A and has caused damaged to Party B.
Article XXVII Party B should compensate losses caused to Party A by
following the Labor Contract
Law of the People’s Republic of China if Party B shall terminate this
Labor Contract by violating agreement in this Contract or violate confidential
clauses as agreed in this Contract and has caused damaged to Party
A.
VIII.
Settlement of Labor Disputes
Article XXVIII With regard to
labor disputes arising from performance of this Contract, involved parties may
apply for mediation at the labor dispute mediation board respectively; where
mediation shall fail and any party demand arbitration, and disputes should be
referred to Guixi Labor Dispute Arbitration Committee within sixty days after such disputes occur. Any party
may directly apply for arbitration at the Guixi Labor Dispute Arbitration
Committee
Any party
refusing to accept the arbitral decision may take judicial proceedings against
the other at Guixi People’s Court.
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IX.
Others
Article XXIX
Party A
hereby attaches the following regulations
to
this Contract.
Article XXX Unconcerned
matters shall be settled through negotiations; in case of any discrepancy
between this Contract and national laws and regulations in future, new
regulations shall prevail.
Article XXXI This Contract
shall be signed in duplicate, one copy for each party, and shall take effect
with signatures (seals) of both parties.
|
Party A:
(signature/seal)
|
Party B: (signature/seal) |
|
Legal
representative
|
|
|
(Signature/seal)
|
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or
authorized agent:
|
|
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Date: |
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Verification unit
(Seal)
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Verified by: (Signature/seal) |
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Date:
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055722/00001
BFLODOCS 2377367v1
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