Employment Contract
This
Employment Contract of Rise King Century ‘Technology Development (Beijing) Co.,
Ltd. (this “Contract”) is entered into by and between the following parties as
of [May 22nd 2010]
in [Beijing], the People’s Republic of China (the “PRC”).
Party A:
Rise King Century Technology Development (Beijing) Co., Ltd.
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Address:
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Basement
of Xxxxxxxx 0, Xxxxxx Xxxxx Xxxx, Xx. 0 Xxxxxxxxx Xxxx
Haidian District, Beijing.
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Party B:
Home
Address:
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71
7 1 2206, 100079
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Date of
Birth:
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1976.01.02
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ID/Passport
Number:
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0486
7549 02(B)
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Registered
Permanent Address:
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2206,
100079
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Chapter 1 – General
Provisions
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1.
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Pursuant
to the Labor Law of the People’s Republic of China (hereinafter “Labor
Law”). the Employment Law of the People’s Republic of China (hereinafter
“Employment Law”) and other relevant regulations, in consideration of the
mutual promises and covenants made herein, and for other good and -valuable
consideration, the receipt and sufficiency of which is acknowledged,
Party A and Party B (collectively referred to as the “Parties”)
hereby agree as follows:
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Chapter 2 –
Term
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2.
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This
Contract shall be a contract with a fixed term of one years, from
2010,
May 22
(“Starting Date”) to 2010, May 22.
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3.
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If
upon the expiration of the term, Party A and Party B agree to
renew this Contract, they shall execute the Agreement to Renew Employment
Contract attached to this Contract as Appendix A, or shall execute a
new employment contract.
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Chapter 3 – Scope of
Work
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4.
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Party B
agrees to assume the position of Chief Operating
Officer (or engage in ________) pursuant to the work needs of
Party A. The position duty, work task, objective, disciplines and
other relevant management rules shall be implemented according to the work
standards and other rules prescribed by Party A. The main work
location of Party B shall be
[Beijing].
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5.
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Both
Parties acknowledge that, Party A shall have the right to change the
type of work, job title and position, job duties and work location of
Party B at any time according to the business needs of Party A
or ability or work performance or actual situation of Party B,
provided, however, that such change shall be made in good faith with
reasonable causes. Party B shall be subject to any such changes as
deemed necessary and appropriate in the sole judgment of
Party A.
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Chapter 4 – Duties of
Party B
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6.
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Party B
hereby agrees that, in addition to the duties and responsibilities
otherwise set forth herein, during the term of this Contract, Party B
shall:
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7.
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7.1
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devote
his/her full time, attention and skills during the normal working hours
designated to him/her hereunder exclusively to the performance of his/her
duties hereunder, and effectively perform his/her duties and make his/her
best endeavors to ensure the satisfactory accomplishment of the assignment
to him/her by Party A; and
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7.2
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perform
his/her duties hereunder faithfully and diligently for Party A in
accordance with the terms hereunder, the rules and policies of
Party A and the applicable laws and regulations, engage in no
activities which are in violation of any PRC laws or regulations or may be
prejudicial to the interests of Party A, and seek no personal gains,
directly or indirectly, by utilizing his/her position or power in
Party A.
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Chapter 5 – Work Schedule,
Labor Protection and Working Conditions
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8.
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Party B
shall work five (5) days per week, eight (8) hours per day, with the
average working hours not exceeding forty (40) hours per week.
Party A may require Party B to work overtime due to the business
needs and Party A shall pay Party B overtime pay in accordance
with its overtime management rules and the relevant state
regulations.
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9.
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Party A
shall provide Party B with appropriate working conditions and
facilities and with labor protection in accordance with the state
standards and Party B shall comply with the rules and regulations of
work safety and sanitation formulated by
Party A.
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10.
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Party A
will be responsible for providing education and training to Party B
on business technologies, labor safety and sanitation and articles of
association of Party A.
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2
Chapter 6 –
Remuneration
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11.
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According
to Party B’s position and skills, Party A pays
________ to
Party B as the basic salary, monthly paid. During the term of
employment under this Contract, Party A will decide the earning prior
to tax of Party B based upon Party A’s then current salary systems
and position adjustment policies. Party A will pay the payment
through the individual bank account designated by Party A or through
other means Party A deems proper. The amount of salary will be
stipulated in an offer
letter.
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12.
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Party B
shall be responsible for the payment of due and payable individual income
tax resulting from the salary and other remuneration paid by Party A
in accordance with the relevant PRC laws and regulations. Party A, as
the withholding person, shall withhold the individual income tax and other
due and payable tax of Party B prior to paying the remuneration to
Party B as required by law.
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13.
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Party A
shall have the right to adjust the salary and welfare of Party B
appropriately based on the capability, experience, attitude, performance,
achievement, working-age and position of Party B as well as according
to the salary and position adjustment policies and business conditions
experienced by Party.
A.
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14.
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Party A
shall deduct the following from the salary payable to Party,. B
in accordance with the relevant PRC laws and
regulations:
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14.1
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The
individual income tax of
Party B;
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14.2
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The
part of the society insurance and other welfare benefits which are to be
borne by Party B;
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14.3
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All
compensation or lines payable by Party B and withheld by Party A
on the effective court verdict or arbitration
decision;
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14.4
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All
compensation or lines payable by Party B to Party A according to
court verdict or arbitration
decision.
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15.
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Party A
may, in its discretion, pay a bonus to Party B based upon
Party A’s business operation situation and articles of association.
The detailed amount, conditions and form will be set forth by
Party A. Notwithstanding the above, paying bonus should not be deemed
as an obligation of Party A.
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Chapter 7 – Insurance,
Welfare and Leave
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16.
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The
Parties shall pay premiums for social security insurance schemes such as
Pension, Unemployment, Medical Insurance, etc. in accordance
with relevant PRC laws and
regulations.
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3
Chapter 8 – Labor
Discipline
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17.
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Party B
shall abide by the Working Rules and articles of association stipulated by
Party A pursuant to laws. Party B shall strictly adhere to
proper instructions and decisions of Party A, take care of all assets
of Party A, and abide by professional
morality.
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18.
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In
case Party B violates the Working Rules or articles of association of
Party A, Party A may impose punishment to Party B in
accordance with the Working Rules or articles of association of
Party A.
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19.
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Party A
has the right to require Party B to compensate the economic losses
caused by Party B’s violation of relevant laws, Working Rules or
articles of association of
Party A.
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20.
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Party A
has the right to appropriately amend its rules or articles of association
at any time based on its business needs. Party A shall notify
Party B in any way Party A deems proper, including but not
limited to, through notice, announcement. e-mail and memorandum of any
such changes.
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21.
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Party B
shall not take position in any other enterprise or company during working
in Party A. Any invention, creation, development, design,
improvement, production made by Party B during working in
Party A shall belong to Party A, and any intellectual property
right arising from them (including but not limited to patent right,
copyright, know-how) shall also belong to
Party A.
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Chapter 9 –
Confidentiality
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22.
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Party B
shall keep the proprietary and confidential information of Party A
confidential and shall abide by any confidentiality rules set forth by
Party A. Party B shall not take, use of or disclose any material
or information of Party A to any third party except on behalf of
Party A’s and with Party A’s prior written consent. Party B
shall execute and abide by the Non-disclosure and Non-Competition
Agreement (“Confidentiality Agreement”). Where Party B breaches the
competition restriction obligation under the Confidentiality Agreement,
Party B shall pay liquidated damages to Party A in accordance
with Confidentiality Agreement.
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23.
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Party B
agrees that Party A may disclose his/her personal information
including, but not limited to, Party B’s name, address, nationality,
position, payment, bank account, this Contract and its renewal and
amendment, as directly or indirectly required by Party A’s reasonable
business and operation.
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Chapter 10 – Modification,
Termination and Extension of the Employment Contract
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24.
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In
case a modification occurs in the laws and administrative regulations that
govern this Contract, the corresponding part of this Contract and
appendixes shall be modified accordingly. In case a major change occurs in
the circumstances under which this Contract was concluded or there is any
conflict between this Contract and the relevant PRC laws and regulations,
so that this Contract cannot be performed anymore, the relevant part of
this Contract may be modified upon agreement between Party A and
Party B through amicable consultation based on the requirements of
the relevant PRC laws and
regulations.
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4
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25.
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This
Contract may be terminated upon mutual agreement between Party A and
Party B in writing.
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26.
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Party A
shall have right to unilaterally terminate this Contract with immediate
effect without any prior written notice under the following circumstances,
and will notify Party B of such
termination:
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26.1
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The
termination of this Contract during the probation (if any) period under
Article 3 hereof;
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26.2
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Party B
seriously violates the labor disciplines or the rules or regulations of
Party A (including but not limited to the Working Rules or articles
of association of Party A);
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26.3
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Party B
causes serious damage to the interests of Party A due to
Party B’s serious dereliction of his/her duties (including but not
limited to, his/her duties under Article 7 hereof), or his/her engagement
in malpractices for seeking personal
gains:
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26.4
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Party B
has additionally established an employment relationship with another
employer which materially affects the completion of his tasks with
Party A, or Party B refuses to rectify the matter after the same
is brought to his attention by
Party A;
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26.5
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The
Employment contract is invalid because Party B uses such means as
deception or coercion, or takes advantage of Party A’s difficulties,
to cause Party A to conclude the employment contract, or to make an
amendment thereto, which is contrary to Party A’s true intent;
or
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26.6
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Party B
is criminally prosecuted under the
law.
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27.
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Party A
may terminate this Contract by serving 30 days’ prior written notice to
Party B or giving Party B one month’s salary in lieu of notice
in any one of the following
circumstances:
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27.1
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where
Party B. after undergoing a legally prescribed period of medical
treatment and recuperation for an illness or a non-work-related injury,
remains unable to carry out the original job, and is also unfit for the
job otherwise assigned to Party B by
Party A.
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27.2
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where
Party B is unable to fulfill the duties of his/her position to the
standards required under the terms hereof or by Party A, and, despite
undergoing further training or a transfer or his/her position, remains
unable to do so;
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5
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27.3
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where
this Contract cannot be performed due to any major changes of any
objective circumstances under which this Contract was concluded, and
following consultation, Party A and Party B cannot agree upon
the necessary modification to be made to this
Contract.
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28.
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The
term “major changes of any,
objective circumstances” stipulated in Section 27.3 includes but not
limited to:
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28.1
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Merger
of Party A into another business entity, or sale or transfer by
Party A of substantial portion of the assets it owns to other
enterprises or third parties;
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28.2
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Material
adjustment in operative policy or material changes in operative situation
of Party A;
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28.3
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Serious
difficulty incurred in the operation of
Party A;
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28.4
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Entry
into the period of clearing up, or stop of manufacture or business totally
or partially by Party A;
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28.5
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Declaration
of bankruptcy, dissolution or liquation by
Party A;
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28.6
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Decision
of Party A in ceasing the research and development which directly
relates to Party B’s work according to the need of business
development of Party A and/or the actual market situation; or.
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28.7
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Laws
or regulations newly promulgated by the government that makes either Party
or both Parties not able to perform this
Contract.
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29.
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Party B
may resign his/her job and terminate this Contract during the Contract
term with a prior written notice of 30 days to Party A. With regard
to Party A’s economic losses arising from Party B, Party A
shall have the right to deduct any such amount of economic losses from
corresponding salary and any other remuneration due and payable to
Party B and Party A shall still have the right to claim the
uncompensated economic losses from
Party B.
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30.
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In
the event that Party A is close to bankruptcy or faces a bad business
situation or serious difficulty in the operation, Party A shall
explain the situation to its employees. After having solicited opinions
from the employees, and reported the situation to the administrative
department for labor, Party A may terminate this
Contract.
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31.
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Party A
shall not terminate this Contract in accordance with Articles 28 and 31
hereof where Party B:
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31.1
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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;
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6
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31.2
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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;
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31.3
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is
receiving, medical treatment for diseases or injuries related to work
within the stipulated period of
time:
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31.4
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is
a female staff member during her pregnancy, maternity and lactation;
or
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31.5
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has
been working for the Employer continuously for not less than 15 years and
is less than 5 years away from his legal retirement
age;
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31.6
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finds
himself in other circumstances stipulated in laws or administrative
statues.
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32.
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In
any of the following circumstances, Party B may terminate this
Contract:
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32.1
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Party A
fails to pay the social insurance premiums for Party B in accordance
with the law;
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32.2
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Where
Party A forces Party B to work by means of violence,
intimidation, detention or illegal restriction of personal freedom, or
where Party B is instructed m violation of rules and regulations or
peremptorily ordered by Party A to perform dangerous operations which
threaten his personal safety;
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32.3
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Party A
fail to pay labor remuneration in full and on time or fails to provide the
labor protection or working conditions as agreed under this
Contract.
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32.4
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The
Employment contract is invalid because Party A uses such means as
deception or coercion, or takes advantage of Party B’s difficulties,
to cause Party B to conclude the employment contract, or to make an
amendment thereto, which is contrary to Party B’s true
intent;
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32.5
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Party A’s
rules and regulations violate laws or regulations, thereby harming
Party B’s rights and interests;
or
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32.6
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Other
circumstances in which laws or administrative statues permit Party B
to terminate his employment
contract
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Party B
may terminate the Contract forthwith without giving prior notice to Party A
under the circumstances of article 33.2.
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33.
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Upon
the termination of this Contract, Party B shall cease conducting, any
activities on Party A’s behalf or complete the uncompleted matters
pursuant to Party A’s request, and settle all accounts with
Party A. Party B shall, within 3 days of the termination of this
Contract, return all the property and hand over all files and documents
(including but not limited to written documents and electronic documents)
he or she has in his/her possession but is the property of Party A,
and Party A may carry out the resign procedures with the confirmation
of the aforesaid properties, files and documents and issue resign consent
letter. If Party B fails to complete the above hand-over
procedures, Party A could refuse to handle the procedures of
termination for Party B and may set-off any amounts due to
Party B for the losses Party A suffers
therefrom.
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7
Chapter 11 – Economic
Compensation and Repayment
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34.
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Party A
shall provide economic compensation and/or medical subsidies to
Party B pursuant to relevant laws and regulations in case
Party A terminates this Contract according to Article 26, 28 and 31
of this Contract and applicable laws and
regulations.
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35.
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In
case Party A fails to pay salary, economic. compensation or medical
subsidies to Party B according to relevant laws and regulations and
stipulations of this Contract, Party A shall hear the statutory
liability for indemnification to
Party B.
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36.
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If
Party B terminates this Contract in breach of the terms and
conditions specified herein, Party B shall indemnify Party A for
its losses incurred therefrom according to the relevant laws and
regulations.
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37.
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Before
Party B is trained at Party A’s expense, Party A may
require Party B to execute an agreement, pursuant to which the
service term may be prescribed and if Party B resigns from his/her
job by breaching the service term stipulated in the Contract, Party B
shall at the time of resignation reimburse Party A for the training
fees herein.
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Chapter 12 – Settlement of
Labor Disputes
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38.
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Any
dispute arising out of the interpretation and performance of this contract
shall be settled through friendly consultation between the Parties. If the
parties fail to reach a solution through friendly consultation, one or
both parties can bring such dispute to the competent Labor Dispute
Arbitration Commission within sixty (60) days of the dispute. In case the
parties have no disagreement to the arbitral award of such Labor Dispute
Arbitration Commission, such arbitral award is final and binding upon the
parties. In case any party is not satisfied with the decision of the
arbitration, the party may bring a lawsuit to the court having
jurisdiction.
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Chapter 13 –
Miscellaneous
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39.
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Party B
has been aware of and agreed to abide by the Working Rules, which will be
provided to Party B from time to time, and shall be of the same legal
validity with this Contract. However, this Contract shall prevail in the
event of any conflict between the Working Rules and this
Contract.
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40.
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Party A
and Party B could execute the Agreement to Amend Employment Contract
attached as Appendix B to revise partial provisions of this Contract, or
conclude a new employment contract upon agreement of
consultation.
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41.
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The
invalidity and non-enforcement of any provision of this Contract shall not
affect the validity of any other provision of this
Contract.
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8
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42.
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Failure
or delay of any Party hereto to exercise a right under this Contract shall
not constitute a waiver thereof.
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43.
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If
there is any conflict between this Contract and the relevant laws and/or
regulations, the provisions of the relevant laws and/or regulations shall
prevail.
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44.
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This
Contract shall become effective from the date of the execution hereof. In
case both parties do not execute this Contract on the same day, the later
date shall be the effective date of this
Contract.
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Party A: Rise King Century
Technology
Development (Beijing) Co., Ltd.
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Party B: | |
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By:
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By:
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Name:
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Name:
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Date:
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Date:
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