EXHIBIT 10.12
NO. __________
TIANJIN ENTERPRISE (INSTITUTIONS)
LABOR CONTRACT
PRINTED BY TIANJlN LABOR AND SOCIAL SECURITY BUREAU
Appellation of Part A [ ]_______________________________________________
Corporation sort [ ]_______________________________________________
Legal representative [ ]_______________________Duty[ ]____________
Address [ ]_____________________________________________________________
Name of Part B (laborer)[ ]______Age[ ]__________
Sex[ ]________Nationality:_____________
Address[ ]________province________city________district________street
town________village
Registered permanent residence[ ]Unagricultural ( ) Agricultural ( )
ID card number[ ]
Nationality and passport number:
Address[ ]
In accordance with <>, and
<> and
relevant law and regulations, Party A and Party B entered into this contract on
the basis of equality and willingness through friendly consultation.
ARTICLE 1 TERM OF THE CONTRACT
The term of the contract is of_____of the following[ ]
1. The term of this contract is_____years from ______ during which, the
probation period is months.
2. The term of this contract is unfixed, from____date,____month, the year of
____ and shall terminate when one of the following events occurs[ ]
(1)
(2)
(3)
3. As per the duration for finishing a specific job
________________________________________________________________________________
________________________________________________________________________________
ARTICLE 2 DUTIES OF THE WORK
1. Party B shall be engaged at the_______ post according to the need of
production. Party A has right to change the work duty of Party B according to
the need of production and operation. Party B should obey by the arrangement and
finish the production task set forth by Party A.
ARTICLE 3 LABOR REMUNERATION
1. During the term of contract, Party A shall pay Party B the labor
remuneration on a monthly basis according to the relevant stipulations of
the State and Tianjin, which shall not be lower than the lowest salary
standard of Tianjin.
2. Party A shall pay the salary in the form of cash on 10th of every next
month. If Party A fails to pay the salary without any cause, except paying
the salary completely, Party B should be compensated with an amount of
25[ ](Y)of the salary.
3. The methods and standards of payment shall be as follows[ ]
1[ ] The current Salary Administration Standard of Tianshi Group shall be
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followed.
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2[ ]
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3[ ]
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ARTICLE 4 WORK TIME, REST AND VACATION
Party A shall adopt a work time system of daily work time of not more than 8
hours and average weekly work time of not more than 40 hours.
Party A can lengthen the work time as may be required by the task of production
and operation only on the condition by consulting with Party B and trade union
in advance. Extension of work time shall be not more than one hour per day on
average; where the extension of work time is required due to special
needs[ ]the extension shall not be more than three hours per day and
thirty six hours per month.
(1) Party A shall adopt 8-hour work time system for Party B's post.
(2) When Party A extends the work time, should pay the remuneration according
to<> and the relevant stipulations of Tianjin.
(3) Party A should guarantee Party B to enjoy all kinds of rest and vacation
according to the relevant stipulations of the state and Tianjin.
ARTICLE 5 SOCIAL INSURANCE AND WELFARE
1. Party A and Party B agree to join the social insurance, according to the
relevant regulations of the State and Tianjin, including old-age care,
unemployment, medical care, work-related injury, child-breeding and etc.,
and perform the obligation of paying premium to guarantee that Party B can
enjoy the rights to all kinds of social insurance.
2. For diseases and non-work-related injuries suffered by Party B, system of
medical care period shall be adopted. The salary, disease subsidy and
medical care of Party B during the medical care period shall be executed
according to the relevant regulations.
3. Insurance and welfare treatment is as follows:
(1) _________________________________________
(2) _________________________________________
ARTICLE 6 LABOR PROTECTION AND WORKING CONDITIONS
1. Party A shall strictly carry out the rules and regulations stipulated by
the State and Tianjin to conduct the education and training to Party B on
production safety and operating regulation, do best to improve working
conditions so as to protect Party B's safety and health in the course of
production.
2. Party A shall provide labor protective appliances to Party B according to
the stipulations of State and Tianjin, and provide the health examination
to Party B according to the relative stipulations.
3. Party B shall strictly abide by the rules on labor safety and hygiene and
rules on safe operations in his/her work.
4. If Party B suffered from occupational disease, work-related injury or
death, Party A shall give Party B all kinds of treatments according to the
relevant stipulations of State and Tianjin.
ARTICLE 7 LABOR DISCIPLINE
1. Party A has the right to formulate all rules and regulations and labor
disciplines of its own enterprise according to the regulations of the State
and Tianjin, and has the rights to award or punish Party B according to the
rules and regulations.
2. Party B shall strictly abide by all the rules and regulations and
disciplines formulated by Party A according to the law, obey management
orders and keep the trade secrets of Party A according to the contract
(details shall be stipulated in Article 14 of this contract)
ARTICLE 8 ALTERATION OF LABOR CONTRACT
Party A and Party B agree to amend the pertaining contents of the contract when
any of the following events occurs:
(1) Through both sides' friendly consultation, the articles of the
contract can be partially changed.
(2) Due the great changes of external conditions make the performance of
this contract unpractical;
(3) The laws and regulations based on which this contract is concluded
have been modified or rescinded.
ARTICLE 9 TERMINATION OF LABOR CONTRACT
This contract shall be terminated where any of the following events occur.
(1) The term of this contract expires and Party A and Party B do not
intend to renew it.
(2) Party A is declared bankrupt, dissolved or terminated according to the
law.
(3) Death of Party B.
(4) Any other event agreed upon by both parties as a condition for
termination of the contract occurs.
(5) Occurrence of Act of God makes the performance of this contract
unpractical.
ARTICLE 10 RENEWAL OF LABOR CONTRACT
When the term of the contract expires, the contract can be renewed with both
parties' consent after consultation and the renewal formalities shall be gone
through within 15 days prior to expiry of this contract.
ARTICLE 11 RESCISSION OF LABOR CONTRACT
1. With both parties' consent through consultation, this contract can be
rescinded.
2. Party A is entitled to rescind the contract when any of the following
events occur on the side of the Party B:
(1) Party B is proved to be unqualified for employment during the
probation period.
(2) Party B is dismissed for materially violating the labor disciplines or
Party A's rules and regulations.
(3) Party B grossly neglects his or her duty and discloses Party A's
confidential business information, which has done great harm to
Party A's benefit.
(4) Party B is subjected to criminal responsibility and rehabilitation
through labor.
(5) When Party B suffers from a disease or non-work-related injury, after
the medical care period, Party B is appraised by the labor appraising
committee to be unable to do the previous work or other work assigned
by Party A.
(6) Party B is unable to finish the task agreed upon in the contract or
the load of the same type of work at the same post and still can not
be qualified for the job after training and adjustment of working
post.
(7) The objective situations based on which this contract is concluded
have such material changes that the performance of the contract
becomes unpractical. The consultation of both parties fails to arrive
at an agreement on amendment of the contract.
(8) When Party A is on the verge of bankruptcy and enters into a stage of
adjustment, it is appraised by the relevant departments that its
production and operation run into severe difficulty and that it is
really necessary to cut down redundant staff and workers.
If Party A rescinds this labor contract according to items (5) and (8), Party B
should be notified 30 days in advance.
3. In the event that Party A rescinds the contract, if clause 1 and items (5)
to (8) of clause 2 are satisfied, Party A shall pay the economic
compensation to Party B according to the stipulations of the State and
Tianjin; when the item (5) of clause 2 of this article is also satisfied,
Party A shall pay medical subsidy to Party B in accordance with relative
stipulations.
4. Party A shall not be allowed to rescind the contract in the following
events:
(1) The Term of contract does not expire and clause 1 and 2 of this
article are not satisfied.
(2) Party B suffers from occupational diseases or from work-related injury
and is appraised by the appraisal committee of the labor
administrative department to have lost or partially lost work
ability.
(3) Party B suffers from disease or non-work-related injury and is still
in the medical care period.
(4) Party B is one of the women staff and workers and is in the period of
pregnancy birth-giving and nursing which is in line with the
regulations of the State and Tianjin on family planning.
(5) Other events stipulated by the law and Regulations of the State.
5. Rescind the Contract by Party B
(1) To rescind this contract, Party B shall notify Party A with a written
notice 30 days in advance. Violation of regulations in this contract
obligates Party B to bear relevant liabilities.
(2) Where anyone of the following events occurs, Party B is entitled to
rescind the contract and notify Party A at any time.
a. Party B is in probation period.
b. Party A coerces Party B by force to work or limit Party B's freedom
illegally in work.
c. The labor safety and hygiene conditions provided by Party A are poor
and also harm the body health of Party B.
d. Party A fails to pay labor remuneration according to the provisions of
the contract.
ARTICLE 12 CERTIFICATE OF TERMINATION AND RESCISSION OF LABOR CONTRACT
After the terminating of the contract, the Party A should issue the Certificate
of Termination or Rescission of Labor Contract.
ARTICLE 13 LIABILITIES FOR BREACH OF THE CONTRACT
1. Where the misconduct of either Party causes the performance of this
contract to be unpractical, the party at fault shall bear the liabilities
for breaching of the contract; if both parties are at fault, the
liabilities for breach of the contract shall be borne by the two parties
respectively. The penalty for breach of the contract is agreed as follows:
________________
2. Where either party breaches the contract and incurs losses to the other
Party, the Party at fault shall pay compensations according to the
regulation of the State and Tianjin.
3. In the event that Act of God has prevented either party from performing the
contract or incurring loss to the other party, the concerned party shall
not bear any liabilities for breach of the contract.
ARTICLE 14 OTHER ISSUES AGREED UPON BY TWO PARTIES
1. Party B should study the rules and regulations stipulated by Party A
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carefully and strictly follow them.
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2. _____________________________
3. _____________________________
4. _____________________________
5. _____________________________
ARTICLE 15 LABOR DISPUTES
Any disputes occurring in performance of this contract shall first of all be
solved through consultation by both Parties. If consultation fails to arrive at
a solution, either party may request arbitration by the labor dispute
arbitration committee with jurisdiction. Either party that disagrees to the
arbitration award may file a suit at a people's court.
ARTICLE 16 OTHER MATTERS
1. For matters not covered in this contract or any articles in the contract is
collided with the regulations of the law, it should be executed according
to the relevant law and regulations of State and Tianjin.
2. This contract shall come into legal force upon signature and seal of the
two parties. Party A should complete identification formalities at labor
administrative organs within 1 month of the effectiveness of this contract.
This contract is in two originals. one for each party.
Party A: (Seal) Party B: (Signature)
Legal Representative or Entrusted Agent:
(signature or seal)
Date: Date:
This is to certify that the contract conforms to the regulations of the laws and
regulations of the state and Tianjin through examination and verification.
Certifying Authority:
Date:
RENEWAL OF THE LABOR CONTRACT
Upon negotiation, the two parties reach an agreement on the renewal of this
contract:
(1) The renewed term is listed in item of the following:
1. Starting from _____________ to ______________ .
2. The term is unfixed from _____ date, _____ month, the year of and shall be
terminated when one of the following events occurs:
_________________________
(2) Other Issues
______________________________________________________________
______________________________________________________________
Party A:(seal) Party B:(signature)
Legal Representative or Entrusted Agent:
(signature or seal)
Date:
This is to certify that the contract conforms to the regulations of the laws and
regulations of the state and Tianjin through examination and verification.
Certifying Authority (seal)
Date of certification:
AMENDMENT OF THE LABOR CONTRACT
The changes of this Contract are listed as follows upon negotiation between
Party A and Party B.
1. ___________________________________________________________________
2. ___________________________________________________________________
3. ___________________________________________________________________
4. ___________________________________________________________________
5. ___________________________________________________________________
Party A:(seal) Party B:(signature)
Legal Representative or Entrusted Agent:
(signature or seal)
Date:
This is to certify that the contract conforms to the regulations of the laws and
regulations of the state and Tianjin through examination and verification.
Certifying Authority (seal)
Date of certification:
Note:
1. This labor contract must be filled clearly with fountain pen or brush pen
without any alteration.
2. This labor contract must be signed by the two parties themselves.
Tianjin Tianshi Biological Development Co. Ltd. has an employment agreement, in
the form filed herewith, with each of Messrs. Xxxxxxx Xx, Xxxxxx Xxxx and Xxxxxx
Xxxx and Xx. Xxxx Xxx. Their respective employment agreements differ as follows.
Officer Date of agreement Annual Salary Termination
-------------- ----------------- ------------- ---------------
Xxxxxxx Xx June 1, 0000 XXX 1,200,000 Indefinite term
Xxxxxx Xxxx June 1, 0000 XXX 396,000 June 30, 2010
Xxxxxx Xxxx Xxxxx 0, 0000 XXX 396,000 March 31, 2009
Ping Bai Xxxxx 0, 0000 XXX 396,000 March 31, 2009
