Labor Contract
Party
A: Zhejiang Kandi Vehicle Co., Ltd.
Address: Jinhua
Industry Zong, Jinhua City, Zhejiang Province
Party
B: Xx
Xxxxxxxx
ID
No. __________________________________________
Party
A
and Party B make this contract on the principle of voluntaries and equality
through mutual negotiation in accordance with Labor Law of the People’s Republic
of China and other relevant prescriptions.
1.
|
Term
of labor contract
|
The
term
of contract shall be 10 year(s) from this
10th day
of June (month) 2004, (year) to this
9th day
of June (month),
2014 (year).
2.
|
Scope
of work
|
Party
B
agrees to work at the post of
President and shall fulfill the
task assigned for the post. If required by work, Party B agrees to change the
post.
3.
|
Work
condition and labor protection
|
Party
A
shall set up regulation on production safety and labor protection, and provide
Party B with labor protection articles.
Party
B
shall work in according with the safety operating procedure to
ensure safety production. If Party B does not operate according to the
standard operating procedure set by Party A, Party B shall make compensation
for
the economical losses caused to Party A.
4.
|
Labor
discipline
|
Party
B
shall comply with the regulation that is set up by Part A in accordance with
the
Law and shall obey the management of Party A. If Party B breaches the
regulation, Party A may give appropriate punishment to Party B in accordance
with the regulations.
5.
|
Labor
compensation
|
Labor
compensation is executed according to method one.
Method
one: the labor compensation is made by Party A based on the rule of distribution
according to work. Party B’ s labor compensation is made in accordance with the
compensation regulation and method set by Party A
Method
Two: annual wage system. Annual wage is
RMB 180,000 yuan, which is pre-tax
wage. One part is monthly advance payment of RMB yuan that is made
at the wage time of Party A, the other part of the wage is to be paid after
the
end of the working year. The annual wage is including all the wage subsidies
and
over time payment.
6.
|
Social
insurance and welfare
|
(1)
|
Party
A and party B shall carry social insurances as required by the national
law and regulations of the local government and pay social insurance
in
time. Party A shall withhold the individual part of the social insurance
of Party B from the wage of Party
B.
|
(2)
|
Other
welfare shall comply with the regulations of Party
B.
|
7.
|
Change
and cancellation of contract.
|
(1)
|
If
circumstances change, such as Party A adjusts production or production
projects, the two parties can change the content of labor contract by
consensus.
|
(2)
|
During
the term of contract, each of the two parties can cancel the contract
under the circumstances according to the prescriptions of Labor Law
upon
thirty days’ prior written notice to the other
party.
|
(3)
|
Under
any of the following circumstances for Party B, Party A may cancel
the
contract at any time:
|
① Party
B has absenteeism for over 3 working day or for
over 15 times per
year;
② Party
B breaches the working regulation or operating procedure causing an accident,
or
has dereliction of duty causing serious consequences;
③ Party
B seriously breaches work order resulting in unmoral work of Party
A;
④ Party
B seriously breaches the regulations or labor discipline of Party
A;’
⑤
Party B
is sentenced to detention or imprisonment or penalty suspended or
re-education through labor.
8.
|
Termination
o f contract
|
⑴ Under
any of the following circumstances, the contract shall be
terminated.
①
The
contract will be terminated at the expiration date. If any party requests for
renewal of the contract, it shall notify the other party. The procedures for
renewal of the contract can be made upon mutual consensus of the two
parties
(2)
Retirement or redundancy of Party B shall comply with relevant national
regulations.
②
After
the termination of the contract, Party A shall provide Party B with
Certification of Termination of Labor Contract, and follow relevant
procedure.
9.
|
Breach
Liabilities
|
(1)
|
The
contract shall come into effect once being signed and shall be carried
out
strictly by both parties.
|
(2)
|
Should
any party breach the contract, the liable party shall bear the legal
responsibility, and make compensation for economical losses caused
to the
other party in view of the result and its
liability.
|
(3)
|
If
Party B leaves his post without permission, and cause the termination
of
the contract, and caused direct economical losses to Party A, Party
B
shall make compensation according to the losses. If the economical
losses
are immeasurable, the Party A shall make compensation equal to amount
of
the standard monthly wage.
|
10.
|
Others
|
N/A
11.
|
Any
dispute arising out of performance of the contract may be settled
by
negotiation of the two parties.
|
12.
|
The
contract is in quadruplicate, with two copies holding by Party A , one
holding by Party B and one filed in the supervision
authority.
|
Party
A: Party
B: Xx Xxxxxxxx
Legal
representative:
(or
authorized person):
Zhejiang
Kandi Vehicle Co., Ltd.
Date: June 6th, 2004