EMPLOYMENT AGREEMENT
Name
of
Employing Unit: Wuhan
Blower Co., Ltd“Party
A”
Type
of
Employing Unit: Limited
Liability Corporation
Name:
Jin
Quihai “Party
B”
Type
of
Permanent Residence:______________
Enacted
by Wuhan Labor and Social Security Bureau
Personal
Information of Employee
|
Name
|
Jin
Qihai
|
Previous
Name
|
||
|
Gender
|
Male
|
Birth
of Date
|
17
October, 1955
|
|
|
ID
Number
|
000000000000000000
|
|||
|
Nation
|
Han
|
Top
Degree
|
Bachelor
|
|
|
Political
Status
|
Party
member
|
Date
of being employed
|
26
September, 1974
|
|
|
Technical
Grade
|
Senior
Engineer
|
Telephone
|
||
|
Physical
Condition
|
Good
|
Family
Address
|
||
|
Has
applied for and received <Labor Handbook> or <Employment
Certificate of non-Local Resident> or not? Yes No
|
||||
|
Brief
Description of Working
Experience
|
||||
-2-
Contract
No.:
Pursuant
to the Labor Law of the People’s Republic of China, relevant policies and
regulations, Party A and Party B hereby enter into this Employment Agreement
on
the basis of equal and voluntary consultation.
Article
1. Term of the Contract
| 1. |
Fixed
Term
|
The
term
of this Contract shall be four
(4)
years,
taking effect from
8th
October 2006
to
7th
October 2010.
The
probation period agreed upon shall be three
(3) months.
| 2. |
Flexible
Period
|
This
Contract shall take effect from ___Year___Month___Day to ____Year__Month__Day.
| 3. |
Term
be determined by finishing special work
|
The
special work is:_____________________________
Article
2. Description of Job
Due
to
the production (work) needs of Party A, Party A hereby agrees to employ Party
B
after examination and approval. Party B hereby agrees to perform the
management
assignment in General
Manager Office as General
Manager.
Party
B
shall do his endeavor to complete the quantity target and quality target
attributed to his post:
Actively
fulfill the production and working assignment as required by the relevant
department and post and strictly receive assessment according to the Assessment
Standard in respect of Working Quality stipulated by the Company.
Article
3. Labor Protection and Production (Working) Conditions
| 1. |
Party
A shall establish and perfect the system
for occupational safety and health, strictly implement the rules
and
standards of the State on occupational safety and health, provide
instructions in respect of occupational safety and health to Party
B,
prevent accidents in the process of work, and reduce occupational
hazards.
|
-3-
| 2. |
Establishments
for occupational safety and health must meet the standards stipulated
by
the State.
|
| 3. |
Party
A shall provide Party B with conditions of occupational safety
and health
conforming to the provisions of the State and necessary articles
of labor
protection, and provide regular health examination for laborers
engaged in
work with occupational
hazards.
|
| 4. |
Party
A shall provide laborers who engaged in specialized operations
with
specialized training and ensure that they acquire qualifications
for such
special operations.
|
| 5. |
Party
A shall provide female staff and workers and juvenile workers with
special
labor protection in accordance with the provisions of the State.
“Juvenile
workers” hereby refer to laborers at the age of 16 but not 18 yet.
|
| 6. |
Party
B shall strictly comply with the operational rules and procedures
relating
to safety in the labor
process.
|
| 7. |
Party
B shall consciously accept the instructions with respect to labor
safety
and health and follow Party A’s management staff’s directions. Party B
must not take risks that would result in the violation of rules
and safety
standards.
|
| 8. |
In
the event that any directions are given by Party A’s management staff that
violate the rules, require Party B to work in unsafe conditions,
or compel
any acts that do xxxxx to safety or physical health, Party B shall
have
the right to refuse to implement the above, raise criticism, impeach
or
bring charges.
|
Article
4. Labor Discipline
Party
A
shall formulate various rules and institutions in accordance with the relevant
provisions of the State. The specific contents include: various
rules or institutions which have been formulated or modified by the Company.
Party B shall understand and comply with the above institutions. In case of
any
violation of the above institutions, Party B shall have the right to punish
Party A or terminate this Labor Contract.
Party
B
shall strictly observe various disciplines, obey management systems and do
his
best to perform his duties.
-4-
Article
5. Working Hours and Remuneration
| 1. |
Party
A shall apply the system of forty (40) hours week and strictly
implement
the working time and rest system adopted by the State. In case
of any
extension of working time due to special circumstances, Article
41, 42, 43
and 44 of the Labor Law shall be applicable.
|
| 2. |
Party
A shall apply the principal of distribution according to work and
equal
remuneration for equal work. The wages paid by Party A shall not
be less
than the level of minimum salary determined by the local competent
authority. According to the duties and working post that Party
B is
performing, the wages for the probation period shall not
be less than 000 XXX.
After the expiration of probation, the monthly wages shall not
be less than 000 XXX
(Excluding Bonus, benefits and allowance). In the event that the
manner in
which the payable wages are calculated is determined by products
finished,
the payment of monthly wages shall be made in accordance with the
products
finished. The specific method agreed to by the two Parties:
in accordance with the applicable wages systems and examination
procedure
of Party A.
|
| 3. |
Party
A may raise the level of Party B’s wages gradually according to the
Company’s operation conditions, the technique proficiency degree and labor
efficiency.
|
| 4. |
Party
A shall pay Party B the wages per month in the form of currency.
The
30th day
of each month shall be the pay day. (In case of rest or special
circumstances, the payment of wages may be advanced or postponed
by
several days.
|
| 5. |
In the event that Party A may
be applicable
to Article 36 and 38 of <Labor Law> due to production (operation)
characteristics, Party A shall apply to other working (operation)
rest
regulations after the administrative department of Labor and Social
Security’s approval.
|
Article
6. Labor Insurance, Benefits and Remunerations
| 1. |
Party
A shall pay basic old-age insurance premium, unemployment insurance
premium and other social security fees for the benefit of Party
B monthly
in accordance with the uniform provisions of Municipality.
|
| 2. |
If
Party B becomes injured or disabled on duty, Party A shall be responsible
for the treatment until the final stage. During the period of medical
treatment, Party A shall pay the actual medical treatment fees
and the
total amount of wages per month. Party A shall arrange the kind
of job as
Party B’s capacity allows for Party B after Party B’s recovery from
injury. If Party B dies while on duty, Party A shall pay the funeral
expenses, fees for supporting immediate family members and a lump-sum
allowance for living in hardship in accordance with the standards
stipulated by the State.
|
-5-
| 3. |
If
Party B suffers from illness or becomes injured during the period
of this
Contract, compensation matters shall be implemented in accordance
with
<Rules on Period of Medical Treatment in respect of Enterprise
Employees Suffering From Illness or Becoming Injured > (No. 479 issued
by Labor and Social Security Department in 1994) and <Notice on the
implementation of Rules on Period of Medical Treatment
in respect of Enterprise Employees Suffering From Illness or
Becoming
Injured by Labor and Social Security Xxxxxxxxxx (Xx.000 issued
in
1995).
|
| 4. |
Party
A shall pay Party B the following allowance in accordance with
the
provisions of the State: Implementing
according to the Company’s Wages system and
provisions.
|
| 5. |
In
the case of a female worker who has married, Party B shall be entitled
to
pregnant leave, maternity leave, breast-feeding leave, family planning
leave and relevant remunerations
entitlements.
|
| 6. |
Party
A shall consider the statutory holidays, wedding holidays and funeral
holidays which Party B has the right to enjoy as paid
holiday.
|
| 7. |
During
the period of this Contract, Party B shall be entitled to home
leave
provided by the State. During the leave, Party B shall be entitled
to
monthly wages and various bonus (Year-end bonus will not be affected).
Transportation fees thereof shall be reimbursed by Party A in accordance
with the relevant provisions.
|
Article
7. Conditions for termination and cancellation of Labor Contract
| 1. |
Conditions
for termination of Labor
Contract
|
The
two
Parties agree that this Contract shall automatically terminate upon any of
the
following circumstances: (1)
the expiration of this Labor Contract; (2) Party B has gone through the
retirement procedure; (3) Any party to this Labor Contract disqualifies the
party entitlements; (4) impossibility of performance of this Labor Contract
due
to other irresistible causes.
| 2. |
Conditions
for the cancellation of Labor
Contract
|
| (1) |
This
Labor Contract may be cancelled upon consensus through consultation
between Party A and Party B.
|
-6-
| (2) |
Party
A shall cancel this Labor Contract if Party B falls within any
of the
following circumstances: (i) to be proved unsatisfactory to the
employment
terms during the probation period; (ii) Severe violations of Party
A’s
labor disciplines, rules or systems; (iii) Caused great harm to
the
interests of Party A due to severe breach of duty and engagement
in
malpractices for selfish ends; (iv) Being prosecuted for the criminal
liability according to law.
|
| (3) |
In
any of the following circumstances, Party A may revoke this Labor
Contract
but a written notification shall be given to Party B 30 days in
advance:
(i) where Party B is unable to take up his original work or any
new work
arranged by Party A after the expiration of his medical treatment
period
for illness or injury not being suffered on duty; (ii) where Party
B is
unqualified for his work and remains unqualified even after training
or
change of work post; and (iii) no agreement on modification of
this Labor
Contract can be reached through consultation when the objective
circumstances taken as the basis for the conclusion of the contract
have
greatly changed so that the original labor contract can no longer
be
carried out.
|
| (4) |
Party
A shall not revoke this Labor Contract in any of the following
circumstances:
|
(i)
To
be
confirmed to have totally or partially lost the ability to work due to
occupational diseases or injuries on duty; (ii)
To be
receiving medical treatment for diseases or injuries within the prescribed
period; (iii)
To be a
female worker during the period of being pregnant, puerperal, or breast-feeding;
(iv)
Other circumstances
stipulated by laws and administrative regulations.
| (5) |
If
Party B intends to revoke this Contract, it shall give a written
notice to
Party A 30 days in advance.
|
| (6) |
Party
B may
notify Party A at any time of his decision to revoke this Contract
in any
of the following circumstances:
|
(i)
Within the probation period;
(ii)
Where Party A forces Party B to work by resorting to violence, intimidation
or
illegal restriction of personal freedom; or
(iii)
Failure on the part of Party A to pay labor remuneration or to provide working
conditions as agreed upon in this labor contract.
-7-
Article
8. Matters considered to be agreed by the two Parties
| 1. |
In
the event of cancellation of this Contract, Party A shall pay:
the
relevant fees in accordance with the relevant provisions of the
State.
|
| 2. |
In
the event of termination of this Contract, Party A shall pay:
|
| 3. |
In
the event of termination or cancellation of this Contract, Party
B shall
return: production
data, technical data, documentation relating to production, technique,
operation and management (Including production tools, drawings,
correspondence, memorandum, customer list, chart, training materials,
study materials, etc.) and the company’s assets. Party B shall also pay
some fees payable prescribed by relevant
institutions.
|
| 4. |
Other
relevant matters: <1>
Party B shall keep Party A’s know-how and economic secrets confidential
and preserve Party A’s reputations; <2> Party A shall be entitled to
adjusting Party B’s work position and the relevant remunerations according
to practical needs for production and operation, personal working
ability,
working achievement and working performance; <3> Party A shall have
the right to reduce the work force when the production assignment
are not
sufficient; <4> As for the employees who have entered into a
Training
Agreement with
the Company, the term of their labor contract shall be postponed
to the
end of service period agreed upon in Training
Agreement;
<5> Training
Agreement and
Supplementary Agreement as
the amendment of Labor Contract, shall have equivalent legal
effect.
|
Article
9. Liabilities for Breach of Contract
In
the
event that either Party violates the provisions of this Contract and causes
economic losses for the other Party, the defaulting party shall bear the
liability for compensation according to the consequence and the extent of
responsibility. The Parties hereby specifically agree as follows: In
the
event that any employee brings adverse affect to the Company by disclosing
the
Company’s technical know-how, secretly transferring the Company’s technological
achievements, technical documentation and economic contracts, he shall pay
1-5
times total sum
of
wages as the fine for breach of contract. Furthermore, any employee that causes
economic losses shall be investigated into the legal liability.
-8-
Article
10. Settlement of Labor disputes
Where
a
labor dispute takes place because of this Contract, Party A and Party B shall
settle the dispute by consultation. The trade union may consult with Party
A for
the settlement of dispute on Party B’s behalf. If the consultation fails, Party
A and Party B shall appeal to arbitration with local Labor Dispute Arbitration
Committee pursuant to the relevant provisions regarding labor disputes
settlement. If
one of
the parties does not accept of the arbitration award, the party may bring an
action against it to local People's Court.
Article
11.
In
the
event of any articles that are not involved in this contract or any
inconsistency between rules or regulations stipulated by Party A and laws,
regulations and policies promulgated by the State, Province and Municipality,
the applicable laws, regulations and policies of the State, Province and
Municipality shall prevail.
Article
12.
This
Contract shall come into force upon the date of signature by the two Parties.
This Contract is executed in two originals. Each Party hereto shall hold one
(1)
counterpart.
| Party A (seal): Wuhan Blower Co., Ltd | Party B (seal): /s/ Jin Qihai |
| Legal Representative (Proxy) Signature: /s/ Xx Xxx |
|
Date
of Execution: D____M____
Y______
|
|
Witness
(Signature):
|
Witness Authority (Seal): |
Date
of
Testimony: D____M____ Y______
-9-
