LABOUR CONTARCT
Exhibit
10.12
LABOUR
CONTARCT
Weifang
Taihong Feed Co., Ltd. (hereinafter
referred to as “Party A”) and Gao
Ai’ping (hereinafter
referred to as “Party B”) entered into this labor contract. Based on equality
and friendly negotiation, Party A and Party B agree the following items in
accordance with the Labor Laws of the People’s Republic of China
(“PRC”):
|
I.
|
Term
|
The
term
of this contract is ten years, from July
15th,
2000
to
July
15th,
2010,
with the
first 3 months being a probation period.
|
II.
|
Scope
of Employment
|
|
1,
|
Party
B agrees to take the position of technician in the technical department
in
accordance with Party A’s need.
|
|
2,
|
Party
B should accomplish the regular work and other
tasks.
|
|
3,
|
Within
the terms of this contact, Party A is entitled to transfer Party
B’s
working position in accordance with Party A’s need and Party B’s
competence (specialty and ability) and
performance.
|
|
III.
|
Working
Hours, Leave & Holidays
|
|
1,
|
Working
Hours
|
|
1.1,
|
Party
B shall work 8 hours per day, overall 5 days per
week.
|
|
1.2,
|
Party
A shall apply the comprehensive-working-hours method, and the overall
working hours per week shall not exceed 40
hours.
|
In
the
event that Party A requires Party B to work overtime in accordance with Party
A’s needs, Party B shall comply with the arrangement. The overtime working hours
and compensations for them will be executed in conformance with relevant
government laws and regulations.
|
2,
|
Party
B is entitled to PRC statutory holidays, and leave for maternity,
marriage, mourning with pay in accordance with relevant government
laws
and regulations.
|
|
IV.
|
Training,
Working Conditions and Labor
Protection
|
|
1,
|
Party
B should take part in training about safety in production, laws,
and
corporate bylaws, arranged by Party A conforming to relevant government
laws and regulations.
|
|
2,
|
Party
A shall provide Party B with a safe working site in accordance with
governmental standards, to ensure Party B’s safety and
health.
|
|
3,
|
Party
A shall provide Party B with safe, healthy working conditions and
safety
protective equipment conforming to the relevant provisions of the
state.
|
|
V.
|
Salary,
Insurance & Welfare
|
|
1,
|
Salary
|
|
1.1,
|
Party
A shall apply wage grading system according to relevant provisions
of the
state; and decide Party B’s monthly salary before taxation according to
his/her position.
|
|
1.2,
|
Party
A may provide a raise for Party B according to Party A’s operating results
and Party B’s performance.
|
|
2,
|
Insurance
& Welfare
|
|
2.1,
|
During
the term of employment, Party A shall cover endowment, medical,
unemployment insurance, and other social insurance for Party B in
accordance with provisions of the state and local
government.
|
|
2.2,
|
Party
A shall provide Party B with welfare
equipments.
|
|
2.3,
|
In
the event Party B has been sick and obtained permissions from appointed
hospitals, Party B is entitled to sick leave with pay in certain
periods,
and salary during such leave shall follow government and Party A’s
regulations.
|
|
VI
|
.Labor
Disciplines
|
Party
A
and Party B shall comply with laws, regulations and policies of the state.
Party
B shall comply with the working disciplines and regulation, and will not
disclose or use the confidential information of Party A to pursue illegal
interests for him/her, other entities, or for personal interests.
|
VII.
|
Revocation
|
|
1,
|
Party
A may revoke this contract, if:
|
|
1.1,
|
Party
B proves unqualified for the job during the probation
period;
|
|
1.2,
|
Party
B seriously violates the labor disciplines or bylaws of Party
A;
|
|
1.3,
|
Party
B causes great loss to Party A due to serious dereliction of duties
or
malpractice for selfish ends;
|
|
1.4,
|
Party
B will be held accountable for criminal activities in accordance
with the
law;
|
|
2,
|
If
any of the following circumstances exist, Party A may revoke this
contract
upon 30 days notice:
|
|
2.1,
|
Party
B is unable to take up his or her original jobs nor any kinds of
new jobs
specified by Party A after completion of medical treatment for their
illnesses or injuries not suffered during
work;
|
|
2.2,
|
Party
B is incompetent in his or her job and remains so even after training
or
reassignment;
|
|
2.3,
|
No
agreements on an alteration of employment contracts can be reached
through
consultation between and by the two parties involved when major changes
taking place in the objective conditions serving as the basis of
the
conclusion of these contracts prevent them being implemented;
|
|
3,
|
Party
B, when planning to revoke this contract, should provide a written
notice
to Party A in 30 days in advance.
|
|
4,
|
If
any of the following circumstances exist, Party B can, at any time
revoke
this contract:
|
|
4.1,
|
During
the probation period, as agreed by the two parties, Party B continues
to
work at the original position for one week and deal with the transference
of the job, with Party A continue to be responsible for the employment
contract;
|
|
4.2,
|
Failure
on the part of Party A to provide Party B the compensation or working
conditions as agreed upon in this contract;
|
|
4.3,
|
If
Party B is forced to work by Party A through means of violence, threat
or
deprival of personal freedom in violation of
law.
|
|
5,
|
The
Contract can be revoked by both parties through friendly
negotiation.
|
|
6,
|
If
any of the following circumstance occurs, Party A shall not revoke
this
contact in accordance with the provisions of Section
VII.2:
|
|
6.1,
|
Party
B is confirmed to have totally or partially lost his or her labor
ability
due to occupational diseases or work-related
injuries;
|
|
6.2,
|
Party
B is receiving treatment for his or her diseases or injuries during
the
prescribed period of time;
|
|
6.3,
|
Party
B is a female employee during her pregnancy, puerperal, or nursing
periods;
|
|
6.4,
|
Others
cases stipulated by laws and administrative decrees.
|
|
7,
|
Indemnification
to Party B due to the Revocation or Termination of this
Contract:
|
|
7.1,
|
Party
A should complete the dismissal procedures at appointed institutions
within the required period.
|
|
7.2,
|
At
the termination of this contract, Party B shall be compensated according
to the regulations of Labor Contract Article, if
applicable.
|
|
VIII.
|
Conventional
Provisions
|
|
1,
|
Should
Party B receive training financed by Party A, or accept other materials
provided by Party A, the required terms should be renewed in another
contract.
|
|
2,
|
|
|
3,
|
|
X.
|
Responsibility
for Violations of this Contract
|
|
1,
|
In
the event that either Party breaches any provision of the Contract
that
results in the other party’s incurring economic losses, the Party in
breach shall be liable to compensate the other party for the corresponding
economic losses.
|
|
2,
|
The
Party in breach shall be liable for the
responsibility.
|
|
X.
|
Settlement
of Disputes
|
Any
disputes arising from the execution of the contract shall be settled through
friendly consultations between both parties. In the case that no settlement
can
be reached through consultations, either party may submit the dispute directly
to a competent labor Arbitration Commission for arbitration within 60 days
after
the date of dispute; If no settlement is arrived through arbitration, either
party may submit the dispute directly to the courts in Party A’s location within
15 days after the date of arbitration.
|
XI.
|
Others
|
|
1,
|
This
contract shall come into effect after signature by both parties.
This
contract is made in two original copies, which have the same legal
effectiveness, with one copy to be held by each party
|
|
2,
|
The
revision and explanation of this contract should comply with mutual
consents.
|
Any
issues shall be settled in accordance with the laws, statutory regulations
or
policies should any disagreement occur between any part of this contract and
the
existing laws, statutory regulations or policies.
|
Party A:
|
|
|
|
|
Signature:
|
Weifang
Yuhe Poultry Co., Ltd.
|
|
|
Date:
July 15th,
2000
|
|
|
Party
B:
|
|
|
Signature:
|
Gao
Ai’ping
|
|
Date:
July 15th, 2000
|
|
