Employment Agreement (English Translation)
Exhibit 10.34
(English Translation)
Party A (The employer)
Zhejiang Great Shengda Packing
Co., Ltd.
Registered Address
Xx. 0, Xxxxxxx Xxxx, Xxxxxxxx and
Technology Development Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxxxxx
Xxxxxxxx, Xxxxx
Party B (The employee)
Name XX Xx
According to "The People's
Republic of China Labor Law," "The People's Republic of China Labor Contract
Law" and other relevant laws and regulations, and the two sides agreed on equal
and voluntary basis, by consensus, the signing of the labor contract
(hereinafter referred to in this contract) in order to abide by all the terms of
this contract.
Term One Contract
type and time limit
Party A and
Party B sign labor contract during the time period of
2.
1. Fixed-term
contract
Duration of the contract
is from _____________ to _____________. And from _____________to_____________
is probation period.
(1)During the probation period, if Party B is
found not to meet the recruitment conditions, Party A may immediately terminate
this contract.
(2)Party
A, can shorten or extend the probation period according to the performance of
Party B with a written confirmation that both sides agreed. At the same time the
probation period will not exceed the scope of the relevant provisions of
national law.
(3)When
fixed-term contract expires, the labor relations between the two sides are
naturally terminated. The two sides may renew the labor contract, but the
contract should be signed one month before the original labor contract
expired.
2. Non fixed-term contract,
since Mar 28, 2010_ to the date of the termination of the contract terms
of the contract arise.
Term Two
Job and Job duties
1. Party A
arranges Party B work as _CFO of the OTCBB listed company__ or other
similar positions. Party B must conscientiously perform his/her job duties at
work on time, in ensuring quality completion of
tasks.
0.Xxxxx A has the right to adjust
Party B’s work, workplace and job scope, according to production and operation
needs and the capacity, health status and performance of Party B have the right
to, workplace and job scope. Before doing that, Party A should consult with
Party B, and Party B must be subordinate to the work adjustment according to
mutual agreement,.
3. Party B committed
to Party A that during his/her tenure, without Party A's prior written consent,
Party B shall not in any way, directly or indirectly be employed full-time or
part-time to engage in any other form of work, including but not limited to
advisory and other business activities. During the contract period, Party B shall not participate in or help other
economic organizations engaging in business activities that constitutes a
competition to Party A. Any person who contravenes this provision, Party A has
the right to act according to "non-compete
agreement".
4. Through the performance appraisal system for managers at all levels and the Human Resources Department Party A appraises Party B's work on team performance and individual performance quarterly and annually in written. The assessment results will be one of the bases for promotion, demotion, salary increases reduction, transfer, punishment and dismissal.
Term Three Working
hours
1. With the approval of
the competent administrative departments of labor security, working hours every
day is set by Party A calculates working hours according to actual situation of
production. Working hours every day is set by Party
A
2. Party B enjoys the statutory provisions of
state holidays, marriage, funeral home, family planning, home leave, paid
holidays.
Term Four Labor
protection and labor
discipline
1. Party A in
accordance with national laws and the protection, Environmental Protection Act
and other regulations to ensure that Party B is not in the personal safety and
health hazards conditions.
2. Party A
should provide education and training to Party B on laws and regulations,
professional ethics, labor safety and health, corporate regulations, etc., based
on business and operational needs.
3.
Party B should abide by the law, and the rules and regulations of Party A ,
build a good work ethic, and spiritual masters, safeguard corporate interests,
keep company's business secrets, and protect company
property.
4. Party B should fully handle
the work skills, complete tasks actively in accordance with Party A’s needs, and
accept Party A’s functional department’s relevant inspection, assessment, reward
and punishment.
5. If Party B and
violates discipline rules and regulations of Party A, Party A may reward or
punish with criticism, education, punishment, until the termination of the labor
contract.
6. Party B shall comply with
Party A’s policy stipulated in accordance with the law system including
administrative, personnel, finance and business, and other rules and
regulations, and subject to Party A's management leadership. Party A’s any
official issued regulations, requirements and notice is supplement to this
contract and for both sides to comply with. Party A will be reward or punish
Party B according to the relevant policy and Party B’s performance.
Term Five
Remuneration
1. Party A assesses
the wage amount monthly under the current wage system, to ensure that it is not
less than the local monthly minimum wage level. As a citizens of the Republic of
China, Party B has the obligation to pay personal income tax. In accordance with
the Government's requirement, Party A deduct the withholding from Party B's
monthly salary and pay to the local tax authorities and social insurance
institutions Party B's personal income tax and social welfare insurance on
his/her behalf.
2. Party A is entitled to
adjust the pay system according to Party A's operating performance, talent
market conditions, and Party B’s job performance and ability, when Party A’s new
pay system is carried out, the work content of Party B changes, after
negotiated to consensus, the remuneration is to be adjusted according to Party
A’s policy.
3. Party A’s pay day is on
the 28th every month, after the implementation of work, during holidays salary
may be paid in advance as appropriate.
4.
If Party B has outstanding contributions in his/her work and special
achievements, Party A may give a certain degree of moral encouragement and
material reward. According to Party B’s the work result, and other discipline
issues, Party A may punish in accordance with national laws, regulations and
relevant rules and regulations within the company.
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5. End of each year, Party A has the right to pay Party B annual bonus according to Party B’s last year work performance, and comprehensive performance assessment results
Term Six Labor insurance
and welfare benefits
1. Party A
pays on behalf of Party B on schedule for the payment of pension and other
social insurance in accordance with national and local relevant
provisions.
2. Party B’s work related
injury, occupational diseases, family planning, illness and non work-related
injury which incurs expenses, is enforced according to relevant state
regulations.
Term Seven Lift of the
labor contract and agreement on not lifting the
contract
1. By mutual agreement,
labor contract may be lifted.
2. Party B
has one of the following circumstances, Party A may immediately terminate the
contract.
(1) When on
probation, found not complying with the conditions
employed;
(2) Serious
violation of labor discipline or the rules and regulations of Party
A;
(3) Serious dereliction
of duty, fraud, which cause significant harm to the interests of Party A
;
(4) Be held
criminally responsible, or reeducation through
labor;
(5) In the
pre-recruitment period, Party B conceal, misrepresent his/her work experience,
inspections, background and past history of criminal, law and order punishment
through the provision of false academic degrees or certificates, inspection
certificates and other false
materials.
3. In one of the following
circumstances, Party A may discharge the labor contract, but it should be 30
days in advance written notice to Party
B:
(1) Party B ill or
injured by reason of the work, and can not take the original work after health
care and can not engage in the work arranged by Party
A;
(2) Party B can not do
the work, and after training or adjustment to work, still not competent to
work;
(3) The objective
basis of the labor contract change significantly, resulting in the original
labor contract can not perform, after consultations, the parties can not reach
consensus on the labor contract
agreement.
(4) Party A is
about to bankrupt or has serious difficulties in production and operation, and
where reductions in personnel.
4. One of
the following circumstances, Party B can notify Party A the dissolution of the
labor contract;
(1) During
the probationary period, and required to inform the company three days in
advance;
(2) Party A
violently or illegally restrict Party B’s personal freedom and force Party B to
work;
(3) Party A is not in
accordance with the labor contract to pay labor remuneration or provide working
conditions
(4) Party B have
to resign because of other reasons, written notice to Party A is required 30
days in advance.
Upon receipt of Party
B’s written notice of dissolution of the labor contract, Party A should start
the withdrawal procedures. However, Party B has not yet disposed of the economic
losses caused by or because of other problems being the period under review to
Party A is except in the case.
5. Party B
has one of the following circumstances, Party A shall not be free to discharge
the labor contract;
(1)Workers whose operations involve exposure to occupational hazards have not
done pre-job or occupational health examination or during medical observation
period in the diagnosis of patients suspected of occupational
disease;
(2) In this job
period suffering from occupational disease, or injury at work and is confirmed
loss or partial loss of working
capacity;
(3) Illness or
non-work related injury is the prescribed medical treatment
period;
(4) Female staff
during pregnancy, childbirth, breast-feeding period;
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(5) Worked
continuously for Party A for fifteen years, and less than five years away from
the statutory retirement
age;
(6) Other circumstances
according to laws and administrative regulations
and;
6. Economic compensation for lifting
of the the labor contract, according to the "Labor Contract" executed or Party A
and Party B consensus, confirmed in
writing.
7. On termination or dissolution
of this contract, Party B should be return provided for the transfer of Party A
during the period of its use of all of Party A's property obtained in connection
with Party A or its affiliated companies during his/her tenure including
business-related memoranda, notes, records, papers, reports, manuals, drawings,
blueprints, designs, and other documents (including copies of), including but
not limited to the following items: part or all of the equipment, software,
office keys, parking cards and Party A’s confidential proprietary information,
(these information including written information, or other form, including
photocopy). All of the above documents are a permanent part of Party A or its
affiliates for all, Party B can not exercise any rights to them. If Party B
violates the terms of the agreement, Party A has the right to request Party B to
compensate for actual losses, while preserving a request for legal protection.
Term Eight Responsibility
for breach of labor contract
1.
During the period of this contract, for training that resources provided by
Party A (with a certificate of currency of payment), the specific implementation
shall prevail according to the "training agreement", signed by two
sides.
2. Use rights and ownership of
inventions or work results that Party B derived using Party A’s equipment,
information, time, venue etc. belong to Party A, Party B has no right for these
use rights and ownership, otherwise, Party B shall bear the corresponding
responsibility and the corresponding amount of
compensation.
3. Party B shall not be
disclosed to any person or entity or discuss Party A's business and technology
secrets, or any other information of Party A, during the contract period and
within two years after separation, without the written consent of Party A, and,
if violated, Party A reserves the right to hold Party B responsible. The
concrete implementation of approaches to the two sides signed a "non-compete
agreement" shall prevail.
Term Nine Labor
Disputes
1. When labor disputes
occur while fulfilling this contract because of dismissal, removal, etc., the
two sides should solve through
consultation.
2. If the two sides can not
negotiate to the payment, either party can resort to the local labor dispute
arbitration committee for arbitration. If not satisfied with the arbitration,
either party may resort to Party A’s local court within 15 days on receipt the
arbitration award.
Term Ten
Others
1. The "Shengda Group
labor management systems" which the employee congress discussed and adopted are
the main accessories of this contract, its effectiveness is the same with the
contract.
2. This contract, in duplicate,
both sides have a copy of signed and sealed by the parties with the same legal
effect
3. Matters relating to this
contract, which are not entirely stated, should be resolved according to "The
People's Republic of China Labor Law," "The People's Republic of China Labor
Contract Law" and the Party A's relevant
regulations.
4. The terms of the
contract, if contradict the national laws, regulations and policy, the national
regulations and policies shall prevail.
| Party A (Seal): | Party B (Signature): |
| Signature of the representative: |
Date: Mar 28, 2010
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