Employment Agreement
EXHIBIT
10.38
|
Employer
(Party A):
|
Winner
Industries
(Shenzhen) Co., Ltd.
|
|
Address:
|
Winner
Insutrial Park, Bulong
Road, Longhua, Shenzhen
|
|
Legal
Representative:
|
Xxxxxxxx
Xx
|
|
Telephone:
|
0000-00000000
|
|
Employee
(Party B):
|
Xxxxxx
Xxxx
|
|
ID
Number:
|
000000000000000000
|
|
Gender:
|
Male
|
|
Current
Address:
|
Kongzhuqian
Street, Wuchang District, Wuhan
|
|
Tel:
|
28138888-107
|
In
accordance with the Labor Law of People’s Republic of China (“PRC”) and relevant
laws and regulations, both Parties have reached the following agreement pursuant
to the principles of equality, free will and mutual negotiation:
| 1. |
Term
|
| 1.1 |
Term
of Employment
|
Both
Parties agree that the term of the employment shall be from January
1st,
2005 to
January 1st,
2008.
| 1.2 |
Term
of Probation
|
There
is
no probation period.
| 2. |
Work
Position
|
| 2.1 |
The
work position of Party B will be vice
president of Party A.
|
| 2.2 |
The
work duty of Party B is to be in charge of the
projects management and construction of Party
A.
|
| 2.3 |
This
Agreement shall be amended in case that Party A intends to adjust
the work
position of Party B. Both Parties shall reach and sign the relevant
written agreement or letter of notifications which shall be attached
to
this Agreement.
|
| 2.4 |
A
supplementary agreement shall be signed in case that Party A intends
to
second Party B to work in other entities.
|
-1-
| 3. |
Work
Time
|
| 3.1 |
The
work time shall be standard work time: 7.5 hours per day and 40 hours
per
week with at least one day break for each
week;
|
| 3.2 |
For
any overtime working for the purpose of production or operation of
Party
A, provisions of Article 41 of the Labor Law shall
apply.
|
| 4. |
Salary
|
| 4.1 |
The
salary of Party B for his normal work time (no more than 20.92 days
each
month) shall be calculated in accordance with the relevant provisions
of
the Administrative Manual for Remunerations of Party A.
|
| 4.2 |
The
pay day shall be the 15th
day of each month. Party A shall pay the salary in cash at least
once a
month and shall not withhold and reduce Party B’s salary without
justifiable reasons.
|
| 4.3 |
The
overtime work pay, holiday pay and salary under other special
circumstances of Party B shall be carried out in accordance with
the Rules
on the Salary Payment for Employees in Shenzhen and other relevant
PRC
laws and regulations.
|
| 5. |
Labor
Protection and Labor
Conditions
|
| 5.1 |
Party
A shall provide Party B with safe and healthy labor conditions and
necessary labor protection equipments as legally
required;
|
| 5.2 |
Party
A shall arrange free medical examination for Party B once a
year;
|
| 5.3 |
Party
B is entitled to refuse to obey Party A’s orders which are in violation of
relevant laws and may be hazardous to health and safety and is entitled
to
demand Party A to correct its action or report to competent
authorities.
|
| 6. |
Social
Insurance and Welfare
|
| 6.1 |
Party
A shall purchase social insurance for Party B in accordance with
relevant
laws. In case of breach of this obligation by Party A, Party B is
entitled
to report to social insurance administrative authority for proper
treatment.
|
| 6.2 |
In
case of illness or industrial injury of Party B, Party A shall grant
Party
B medical treatment break in accordance with PRC laws and shall pay
salary
for the period of medical treatment break in accordance with the
Rules on
the Salary Payment for Employees in Shenzhen. If Party A fails to
purchase
medical insurance for Party B, Party A shall pay for the medical
treatment
as required by the relevant medical insurance rules.
|
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| 6.3 |
In
case of occupational disease, industrial injury or decease caused
by work
of Party B, Party A shall carry out its obligations under the Law
of
Prevention and Treatment of Occupational Disease, Rules on Insurance
for
Industrial Injury and other relevant PRC laws and
regulations.
|
| 6.4 |
Party
A shall grant Party B national holiday, maternity leave, annual leave,
family reunion leave, wedding leave and funeral leave etc and pay
salary
for such period in accordance with relevant PRC law.
|
| 7. |
Work
Discipline
|
| 7.1 |
Party
A shall notify Party B with all the rules and regulations which are
established by Party A through due procedures and in accordance with
national and provincial laws and regulations. Party A is entitled
to
examine, assess the implementation of such rules and regulations
by Party
B and grant award or punishment
accordingly.
|
| 7.2 |
Party
B shall abide by the relevant national, provincial and municipal
laws and
regulations and the rules and regulations of Party A as mentioned
in the
above clause. Party B shall abide by the safety operation procedures
and
complete his work assignment on
time.
|
| 7.3 |
Party
B shall abide by the relevant national, provincial and municipal
rules on
family planning.
|
| 8. |
Amendment
|
| 8.1 |
Any
Party who intends to amend this Agreement shall notify the other
Party in
writing.
|
| 8.2 |
This
Agreement may be amended by both Parties through due
procedures.
|
| 9. |
Termination
before Expiry
|
| 9.1 |
The
termination of this Agreement before expiry by both Parties shall
be
carried out in accordance with relevant laws and regulations and
Party A
shall pay the compensation to Party B if it is so required by laws.
|
| 9.2 |
Both
Parties shall go through the relevant procedures within 3 days after
the
termination of this Agreement.
|
| 10. |
Termination
|
| 10.1 |
This
Agreement shall terminate upon expiry of its term or under other
circumstances as agreed by both
Parties.
|
| 10.2 |
Party
A shall notify Party B in writing of its intention to renew or terminate
this Agreement before the expiry of this Agreement. Both Parties
shall
complete the due procedures to renew this Agreement 30 days in advance
before the expiry date or complete the due procedures to terminate
this
Agreement within 3 days after the expiry date of this
Agreement.
|
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| 11. |
Breach
of Contract
|
| 11.1 |
In
case that Party A fails to perform its obligations in accordance
with the
relevant laws, it shall be deemed as breach of contract by Party
A. Party
B is entitled to demand compensation in accordance with the Labor
Law and
terminate this Agreement;
|
| 11.2 |
Party
B shall fully perform its duties, complete his work assignment and
abide
by this Agreement and work disciplines. In case of breach of the
above
obligations by Party B, Party B shall bear the liabilities accordingly
and
Party A is entitled to terminate this
Agreement.
|
| 12. |
Dispute
Settlement
|
Any
labor
dispute between the Parties shall be settled first by friendly consultation,
and
then be submitted to the Labor Dispute Mediation Commission of Party A for
mediation. In case that the dispute cannot be settled by mediation, such dispute
shall be submitted to the local Labor Dispute Arbitration Commission for
arbitration within 60 days after the occurrence of the dispute. Either party
may
also submit the dispute for arbitration directly. Any Party may submit the
dispute to the People’s Court within 15 days if it is not satisfied with the
arbitration award.
| 13. |
Other
Issues
|
N/A
| 14. |
For
any unaddressed issues or any clause of this Agreement which is in
conflict with current PRC laws and regulations, provisions of the
current
laws and regulations shall apply.
|
| 15. |
This
Agreement shall come into effect once it is signed or stamped by
both
Parties.
|
| 16. |
This
Agreement has two originals and each Party shall hold one
original.
|
|
Party
A:
|
Winner
Industries (Shenzhen) Co., Ltd.
|
|
Legal
Representative:
|
Xxxxxxxx
Xx
|
|
Party
B:
|
Xxxxxx
Xxxx
|
|
Date:
|
January
1st,
2005
|
|
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