Labor Contract (English Translation)
Exhibit
4.15
No.________________
(English
Translation)
Party A:
Henan Green Complex
Materials Co., Ltd Nature:_____
____________________
Address:
Xx.0 Xxxxxxxx
Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx
Party B:
__________________ Gender:_____________ Birth
Date:__________________
Residence
Address:__________________________________________________________
ID
Number:________________________________________________________________
Party
A: Henan Green Complex
Materials Co., Ltd
Party
B:__________________________________
In
accordance with the Labor Law of the People’s Republic of China and the relevant
laws, regulations and rules, on the base of voluntary compliance, equality and
negotiation, Party A and Party B agree to enter into this contract.
I.
|
Term of
Contract
|
The type of this labor contract is _________. The term of this contract
is from ____ to ________,
including the probationary period ___ months from
____ to ________.
II.
|
Content of the
Work
|
1.
|
According to the needs of
production, Party
B’s position is for Henan Green Complex
Materials Co., Ltd,
and Party A will
provide necessary working conditions to Party
B;
|
2.
|
Party B shall obey the job type,
position arranged by Party A, and complete the required quantity, quality and assignment according
to Party A’s production task and responsibility
rules.
|
3.
|
The duty of Party B is
the
assignment of
this position and other temporary assignment assigned by
the company.
|
4.
|
With the mutual consent, Party A
may rearrange the job type and position of Party B in accordance with the production
requirements.
|
III.
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Employment Protection and Working
Conditions
|
1.
|
Party A shall establish completed labor safety
and hygiene
system, operating instruction and code of conduct, and provide
Party B with
labor safety and
hygiene education.
|
2.
|
Party A shall provide Party B with the environment in compliance with the
nationally required safety and hygiene conditions and necessary labor protection
supplies.
|
3.
|
Party A shall provide physical check for Party B who engaging in
occupational
hazard work
in compliance with
the national
requirement.
|
4.
|
Party A shall provide special
protection for female employees and under-aged employees in compliance with the national
requirement.
|
5.
|
Party B shall strictly
comply with the labor
safety rules during
the work, and Party B has the right to refuse to obey any
command against
rules by Party
A’s
management.
|
6.
|
If Party A arrange Party B to do special
work, Party A shall provide special training for Party B and Party B
acquires the qualification of the special work, or Party B has already been trained and acquired the
qualification of the special
work.
|
2
IV.
|
Work Time and
Vocation
|
1.
|
Party A will arrange the working
hours for Party B
|
|
(1)
|
The
working system that Party A implements is no more than 8 hours per
day. Party A
can prolong work
hours due to needs of
production or businesses after consultation with
the trade union and Party B. The work hours to be prolonged, in general,
will be no longer than one hour a day,
or no more than three hours a day if such prolonging is called for due to
special reasons and
under the condition that the physical health of Party B is guaranteed. The work time to
be prolonged shall not exceed, however, 36 hours a
month.
|
|
(2)
|
If
Party A implements the comprehensive work time or non-fixed work time approved by labor authority, the
work time will be
implemented according to the national
requirements.
|
2.
|
Party A shall ensure the rest
rights of Party B according to the national
requirements;
|
3.
|
Party A shall arrange the rest of
Party B during the national
holiday;
|
4.
|
Party B is entitled to enjoy the paid annual leave when he/she
works for no less than one
year.
|
V.
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Employment
Compensation
|
1.
|
When Party B finished the work
assigned by Party
A, Party A shall pay
Party B the salary in legal tender and in full at least one time per
month. The payment day is 15th of each
month;
|
2.
|
The standard and method of
salary paid by Party A to Party B is basic
salary plus performance salary;
|
3.
|
The compensation during the
probationary period is _______ yuan per
month;
|
4.
|
The salary paid by Party A
to Party
B shall not be
lower than the lowest
salary specified by local
government;
|
5.
|
Party A shall raise the salary of
Party B on the basis of improvement of economic
profits;
|
6.
|
When Party A need to arrange Party
B work beyond the standard work time after Party B finished the required
work, Party A shall
pay the compensation to Party B subject to the national
requirements;
|
7.
|
If Party B stops the work not due
to his/her own
reason, Party A shall pay the allowance and living expenses during the work
stopping.
|
VI.
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Insurance and
Benefits
|
1.
|
Both parties shall pay social insurance
(including but not limited to pension, unemployment, medical, work-related
injury and maternity insurance for female employees)
in full and in time according to national laws and local relevant
regulations.
|
If this labor contract is terminated, Party A shall
transfer the social insurance for Party B after the
termination.
2.
|
The treatment during the period of
the work related
injuries or
occupational diseases or non-work related injuries and work related death or non-work related death shall be
implemented
according to the
relevant national and local
regulations.
|
3.
|
The treatment during the female
employees’ pregnant, perinatal or lactation period shall be implemented according to the relevant national
and local
regulations.
|
3
4.
|
Party B is entitled to enjoy other
insurance and benefits provided by the relevant national and local
regulations.
|
VII.
|
Labor
Discipline
|
1.
|
Party A shall establish completed
internal rules and labor discipline, which shall not disobey the
relevant national
laws, regulations and
rules.
|
2.
|
Party B shall strictly
comply with Party
A’s rules and bylaws and obey Party
A’s
management.
|
3.
|
If Party B violates the labor discipline and Party
A’s bylaws, Party A has the right to discipline Party
B.
|
VIII.
|
Termination of the Labor
Contract
|
1.
|
This labor contract will be terminated
when expiration.
|
2.
|
The non-fixed term labor contract
will be terminated when Party B reaches the legal retirement
age.
|
3.
|
This labor contract will be
terminated when the agreed termination situation
occurs. The agreed termination situation will be covered in
this labor contract.
|
IX.
|
Change of the Labor
Contract
|
In one of the following situations, both parties may change the relevant
content of this
contract:
|
(1)
|
Party A changes the line of production or adjusts the production
content;
|
|
(2)
|
The relevant laws, regulations,
rules and policies changed;
|
|
(3)
|
This contract can no longer
be executed due to force
majeure;
|
|
(4)
|
This contract can no longer
be executed due to the
change of Party B’s physical
condition;
|
|
(5)
|
The
contract can no longer be executed due to major changes in the objective
conditions
|
X.
|
Dissolution
of the Labor Contract
|
1.
|
This labor contract can be dissolved with the agreement reached by both
parties.
|
2.
|
In one of the following
situations, Party A can dissolve the labor contract at any
time,
|
|
(1)
|
When
Party B is proved during probation periods to be unqualified for
employment;
|
|
(2)
|
When
Party B seriously violates the labor disciplines or the rules or
regulations of Party A;
|
|
(3)
|
When
Party B causes great losses to Party A due to serious dereliction of
duties or engagement in
malpractices;
|
|
(4)
|
When
Party B is brought to hold criminal responsibilities in accordance with
law.
|
3.
|
In one of the following
situations, Party A may dissolve this contract but shall serve a
written notice to Party B 30 days in
advance:
|
|
(1)
|
Party
B, after a treatment of disease or non-job injuries, is unable to do the
job arranged by Party A;
|
4
|
(2)
|
Party
B is not competent for the job assigned to him/her and still falls short
of the standards even after being trained or given other
jobs.
|
|
(3)
|
The
contract can no longer be changed by both parties according to the Article
IX hereof.
|
4.
|
When the company comes to the brink of bankruptcy
or when it runs deep into difficulties in business, Party A shall explain the situation to
its trade union or all of its employees 30 days in advance, acquire the opinions from its trade union or
the employees, and
report to the labor
authority, and then dissolves the labor
contract.
|
5.
|
Party A shall not dissolve this contract, if one of the following cases
occur with Party
B:
|
|
(1)
|
Party
B is in the period of treatment for diseases or
injuries;
|
|
(2)
|
A
woman worker is in the pregnancy, lying-in and breast-feeding period;
and
|
|
(3)
|
Other
cases as provided for by law or administrative
decrees.
|
6.
|
Party
B has been confirmed to have lost totally or partially the capabilities of
work due to occupational disease or work-related injuries by labor
evaluating committee above the county level, Party A shall not dissolve this contract according the clause 3 and 4 of
Article X.
|
7.
|
Party
B may dissolve the labor contract with 30 days written notice to Party A,
but in one of the following situations, Party B may dissolve the labor
contract at any time:
|
|
(1)
|
During
the period of trial use;
|
|
(2)
|
Party
A compels Party B to work by the use of force, threat or by means of
illegally restricting personal
freedom;
|
|
(3)
|
Party
A fails to pay remuneration or provide the working conditions to Party B
which agreed upon in this contract.
|
XI.
|
Other Issues Agreed by Both
Parties
|
(May not violate the relevant national
laws and regulations)
1.
|
Party B shall keep the
confidentiality of
Party A’s business secrets, such as technical
standard data of process flows, company’s
material.
|
2.
|
After the expiration, if this
labor contract does not been renewed, Party B shall not engage in the
similar work within 5 years. If Party B causes the losses to Party A, although
he/she does not engage in the similar work, Party A may require the
compensation subject to the relevant laws and
regulations.
|
3.
|
Party B shall give 20 days notice
to Party A, when he/she dissolves the labor contract for
other reasons to
avoid the losses of Party A; If Party A disagree to dissolve the labor contract reasoning that Party A has no time to
arrange the work for Party B, Party B shall fulfill the labor contract
according to this contract.
|
5
XII.
|
Economic Compensations and Liability of Breaching the Labor
Contract
|
1.
|
Party
A shall give the economic compensations to Party B subject to the Measures
for Economic Compensations due to Violation or Rescission of Labor
Contracts issued by Ministry of Labor, when the labor contract is
dissolved according to the clause 1, 3 and 4 of Article
X.
|
2.
|
In
the following situation, Party A shall give the economic compensations to
Party B according to the Measures for Economic Compensations due to
Violation or Rescission of Labor
Contracts
|
If Party
A
|
(1)
|
deducts
Party B’s salary or delays the
payment
|
|
(2)
|
refuses
to pay the remunerations for additional working hours to Party
B,
|
|
(3)
|
pays
the salary which is lower than the lowest local salary
standard;
|
|
(4)
|
fails
to give economic compensations according to the national regulations after
dissolution;
|
|
(5)
|
violates
the national regulation with respect to protecting women and children and
infringe their rights;
|
|
(6)
|
causes
the damage to Party B due to the illegal dissolution of the labor
contract.
|
3.
|
If
Party B illegally dissolves the labor contract or violates the
confidential clauses hereof and causes the economic losses of Party A,
Party B shall compensate Party A’s losses subject to the relevant laws and
regulations.
|
XIII.
|
Resolution of Labor
Dispute
|
Any
dispute arises out of this contract’s performance, any party can apply to the
labor dispute mediation committee of their unit for mediation; if it can not be
settled through mediation, the application can be filed to a labor dispute
arbitration committee for arbitration within 60 days since the dispute occurs,
or apply to a labor dispute arbitration committee for arbitration
directly. The party that has objections to the ruling of the labor
arbitration committee can bring the case to a people’s court.
XIV.
|
If the conditions or treatments
covered in this labor
contract are lower than the collective labor contract, the collective labor contract shall
prevail.
|
XV.
|
Any matter not covered in this
labor contract will be implemented according to the national laws and
regulations.
|
6
XVI.
|
Each party holds one copy. Any change or
signature without legal authority is
void.
|
Party A (chop)
Legal representative or authorized
person (signature or chop)
Party B (signature or
chop)
Execution Date
Name
|
ID Number
|
Signature
|
Authentication Authority (seal)
Authentication Person (signature or seal)
Date:
7
Modification of Labor
Contract
Through the agreement of both parties,
the modification of the labor contract singed on ___________________ is as
follows:
|
|
|
|
|
___
Party A (Seal)
Party B (signature or
seal)
Modification Date
Authentication Authority (chop)
Authentication Person (signature or chop)
Date:
8