Exhibit 10.3
EMPLOYMENT CONTRACT
(ENGLISH TRANSLATION)
PARTY A (EMPLOYER):
Name: Fujian Jinjiang Pacific Shoes Co., Limited
Address: 00 Xx Xxxxxxxx Xxxxxxx Xxxx, Yangdai, Chendai Town, Jinjiang City
Tel: 00000000000
Legal Representative: Li Haiting
PARTY B (EMPLOYEE):
Name: Li Haiting
Gender: Male
Current Address: Quanzhou, Fujian
Registered Residence: Jinjiang, Fujian Province
Tel: 0000-00000000
Subject to the LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACT and
other related stipulations, the Parties hereto shall enter into the following
agreement for mutual observation under the principles of free will and equity.
1. TERM
Fixed Term. In such event, the term shall commence from December 5, 2007 to
December 4, 2010.
2. POST AND WORKING PLACE
1) Party B shall be arranged to work at the place designated by Party A.
2) Party A may adjust the post of Party B according to the working
requirements and the competences of Party B, such adjustment may not be
unreasonably withdrawn by Party B.
3) Party B agrees to fulfill its duties satisfying the requirements of Party
A.
3. WORKING TIME AND REST DAY
1) Party A shall observe the related national regulations concerning the
working time and may make the specific rules and adjustments on the working
time of Party B in accordance with the variable requirements. The specific
rules made by Party A shall be fully observed by Party B.
2) In consideration of the special conditions of Party A's business, Party A
may, subject to the special requirements of business, make the
corresponding adjustment on the working time, work shift and rest day of
Party B, which shall be observed by Party B.
4. REMUNERATION
Party A shall pay monthly salary to Party B with lawful money on the 5th
day of each month. The said monthly salary may not be less than the
minimums amounts announced by the provincial government, any overtime
payment shall be subject to the related stipulation listed in the
applicable laws and regulations.
1) Party A may adjust the salary paid to Party B according to its business
operation, bylaws and the performance, experiences, compensation record and
post-change of Party B. the salary paid to Party B, upon such adjustment,
shall equal to those paid to the employee of Party A with the same post,
duty and work, provided, however, in no event such salary may be less than
the minimum wage announced by the local government.
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5. SOCIAL INSURANCE
Party A and Party B shall purchase the social insurance and pay the premium
due to each Party respectively, provided, however, the premium should be
paid by Party B may be deducted by Party A from the salary due to Party B.
Upon the expiration or termination of this Contract, Party A shall, subject
to the related rules, handle the formalities for the transfer of Party B's
file and social insurance and shall issue the certificate evidencing the
termination or expiration hereof, correspondingly, Party B shall carry out
the handover work as quickly as possible.
6. LABOR PROTECTION, WORKING CONDITIONS AND OCCUPATIONAL DISEASE
1) Party A shall, subject to the rules and regulations made by the central and
local governments, provide the satisfying labor protection equipments and
working conditions to protect the safety and health of Party B.
2) Party A shall provide Party B the related trainings concerning the
requirements of labor safety, bylaws and business operation rules and
skills according the relevant requirements of governments, Party B shall
take part in the said trainings and strictly observe the corresponding
requirements of labor safety and business operation rules related to its
post.
3) Party A shall make the corresponding notice to Party B if any work related
to occupational disease has been carried by Party B, and shall arrange the
occupational health examinations prior to and after the work period. During
the term hereof, Party A shall make periodic health examinations on Party
B.
7. MISCELLANEOUS
None
8. AMENDMENT
This Contract may be amended with the mutual consent of the Parties hereto.
Any amendment to this Contract shall be made in writing, shall indicate the
amendment date and shall come into effect upon the signatures and seals by
the Parties hereto. A change order or the special agreement may be used for
the amendment to this Contract. In such event, the special agreement shall
be the Schedule of this Contract and shall have the equal legal effects
with this Contract.
9. Any cancellation, termination and renewal to this Contract shall be
compliant with the related stipulations of central, provincial or local
governments.
10. SETTLEMENT OF DISPUTE
Any labor dispute between the Parties shall be settled through amiable
negotiation, either Party may, if refuses or fails to make such negation,
apply for the intermediation carried out by the Intermediation Commission
for Labor Dispute of this company, or apply for arbitration carried out by
the local Arbitration Commission for Labor Dispute within the time limit
required. Either Party may, if not satisfied with the arbitration award
rendered, bring a lawsuit before the local People's Court within 15 days
upon the receipt of such arbitration award.
11. Any issue unmentioned herein may be settled by the Parties through
negotiation. If there is any dispute between any stipulations herein and
the laws or regulations newly promulgated, such laws or regulations shall
prevail.
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12. This Contract shall be executed in duplicate, each Party shall have one.
Party A (Seal) Party B (Seal)
/s/ Li Haiting /s/ Li Haiting
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Legal Representative (Seal)
Date: December 5, 2007 Date: December 5, 2007
