Form of Guangdong Province Labor Contract Produced by Guangdong Labor and Social Security Department
Exhibit 10.3
Form
of
Guangdong
Province
Produced
by Guangdong Labor and Social Security Department
Party A
(Employer):
Name:
Hyundai Light & Electric (HZ) Co., Ltd.
Legal
Representative (Principle): Xx Xxxxxx
Location
(Address): Xx. 00-00, Xxxxxxx Xxxx Xxxx, Xxxxxxx Xxxx, Xxxxxxx
Form of
Entity:
Contact
Telephone: 0000-0000000
Party B
(Employee):
Name:
ID
Number:
Address:
Contact
Telephone:
Both
Party A and Party B, in accordance with the applicable provisions of the Labor
Law of the People’s Republic of China, the Labor Contract Law of the People’s
Republic of China, and national and provincial provisions, reach this Contract
under the principles of legitimacy, equity, equality, free will, consensus,
honesty and creditability.
I.
Period of Labor Contract
(I)
Contract Period
Both
parties agree to set out the Contract period according to the first method
described below:
1. Fixed
term: from January 1,
20 to December 31,
20 .
2.
Non-fixed term: from ____ (Date) until the occurrence of the conditions of
legitimate termination.
3. Term
of completion of certain work: from
until the completion of ___________________ work, whose
completion is marked by .
(II)
Probationary Period
Both
parties agree to set out the probationary period (included in the Contract
period) according to the
methods described below:
1. No
probationary period.
2.
Probationary period begins from ____ (Date) and ends on ____
(Date).
(The
probationary period shall not exceed one month for the labor contract whose term
is more than three months but less than one year; and the probationary period
shall not exceed two months for the labor contract whose term is more than one
year but less than three years; and the probationary period shall not exceed six
months for the labor contract with a fixed term of more than three years or with
a non-fixed term.)
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II.
Work Description and Work Location
(I) The
work department of Party B is
; at the post (Management/technical post or production/operating post) of
_______________, with the duty (or job) of
.
(II) The
task or responsibility of Party B is
.
(III)
This department and job
(may or may not) be exposed to an occupational disease
hazard.
(IV) The
work location of Party B is
.
(V) Party
A shall, in the event of adjusting the work post of Party B or sending Party B
to other places not specified in the Contract to work within the Contract
period, due to the production and operation demand or other reasons, reach
agreement with Party B and proceed with the changes of this Contract. In this
case, both parties shall sign an agreement incorporated as the appendix of this
Contract.
III.
Working Hours, Vacation and Leave
(I) Party
A and Party B agree to set out the working time of Party B according to the
method described below:
1. System
of standard working hours: working for ___ hours a day, ___ days a week; and
off-duty at least one day a week.
2. System
of Unfixed Working Hours: Upon approval from the Labor and Security Department,
the post of Party B will implement the system of unfixed working
hours.
3.
Comprehensive system of working hours: Upon approval from by the Labor and
Security Department, the post of Party B shall implement a comprehensive system
of working hours at the cycle of __ and with the total ___ hours of
working.
(II) As
production (work) entails, Party A may extend the working hours after
negotiation with the Trade Unit and Party B. Except for the circumstance as
specified in Article 42 of the Labor Law, extended working hours generally
should not exceed one hour per day; in special cases, the longest extended hours
should not exceed three hours per day or thirty-six hours per
month.
(III)
Party A shall provide Party B with statutory holidays, annual leave, wedding
leave, leave for arranging of funeral, home leave, maternity leave, nursing
leave, and other paid leaves according to the provisions and pay a salary
according to the salary standard as specified in this Contract.
IV.
Labor Compensation
(I) The
salary of Party B for regular working hours shall follow the (first) method
described below and shall not be lower than the minimum local salary
standard.
1. Salary
calculated according to basic working hours:
(1) The
wage of Party B at regular working hours shall follow [illegible] at the
standard of
RMB
/month (RMB __ /hour).
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(2) The
wage of Party B during the probationary period shall be RMB ___ /month (the wage
during the probationary period shall not be lower than the wage of the lowest
level for similar posts at Party A or 80% of the wage agreed in this Contract,
and shall not be lower than the lowest local salary standard of Party
A).
2. Salary
calculated per piece of work:
(1) The
price per unit of work shall be ___________;
(2) Labor
Norm: (The labor norm
set out shall be able to be completed by more than 70% of the laborers at the
same post in the same work unit within the statutory working
hours);
3. Other
forms: (such as annual pay or pay based on an assessment cycle)
________________.
(II) The
method for calculating the performance salary or bonus for Party B shall be
_________________________________.
(III)
Salary must be paid in cash rather than in kind objects or monetary
securities.
(IV)
Party A shall pay the salary of
(current month/last month) on
of each month. In case of holidays or vacation, the salary shall be
paid in advance by the nearest workday.
(V) If
Party A arranges Party B to extend the working hours or overtime work on an
off-duty day or statutory holidays, Party A shall make overtime pay in
accordance with the provisions in the Labor Contract and the Regulations of
Guangdong Province on Payment of Salary, except when Party B is given time off
for overtime work performed on off-duty days.
V.
Social Insurance and Welfare
(I)
During the Contract period, Party A, according to the applicable provisions of
the state, provincial and local government, shall provide Party B with social
insurances such as pension insurance, medical insurance, unemployment insurance,
workmen’s compensation and maternity insurance, etc. Party A shall also pay the
social insurance premium payable by Party A according to the payment basis and
payment ratio, and, according to the provisions, withhold the social insurance
premium payable by Party B from their salary. Party A shall inform Party B of
its handling of the procedures for social insurance on behalf of Party B as well
as withholding social insurance premium from Party B.
(II) In
case of illnesses or job-related injuries contracted by Party B, Party A shall,
according to the national and local provisions, provide a period of time for
medical treatment, reimburse medical expenses according to medical insurance and
other related provisions, and pay a sick leave salary or disease relief within
the specified period of medical treatment.
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VI.
Labor Protection, Labor Conditions, and Occupational Hazard
Protection
(I) Party
A shall, in accordance with the national and provincial labor protection rules,
provide a working place at a national labor safety and hygiene standard, so as
to protect Party B’s safety and health during production or work. Should there
be an occupational disease hazard during the working procedures of Party B,
Party A shall truthfully inform Party B and protect Party B’s health and any
relevant rights according to the Law of Prevention and Treatment of Occupational
Disease.
(II) In
accordance with the national rules, Party A shall, with reference to the working
position of Party B, dispense with all necessary labor protection devices.
Further, according to the rules of labor protection, Party A shall be
responsible for arranging Party B to have a medical examination every
______ (year/quarter/month).
(III)
Party A shall effectively conduct the labor protection and health care for
female employees according to related provisions of the national, provincial,
and local governments.
(IV)
Party B has the right to refuse to obey any instructions that violate rules and
regulations as well as any risk adverse operations forcefully ordered by Party
A. Party B also has the right to critique and report to the relevant departments
when Party A and its management personnel disregard Party B’s safety of life and
health.
(V)
Should Party B contract occupational diseases, work-related injuries or die
because of work, Party A shall proceed according to the provisions of the
Regulations on Industrial Injury Insurance.
VII.
Changes of Contract
(I)
Either party may request a change of contents to this Contract, provided the
other party shall be notified of such changes in writing.
(II) Upon
the agreement of both parties through negotiation, this Contract may be changed
and the changes shall be made in writing. Both parties shall keep one copy each
of the modified labor Contract.
VIII.
Revocation and Termination of Contract
(I)
Revocation
1. After
negotiation and mutual agreement between the two parties, this Contract can be
revoked. If this Contract is revoked by Party A, pecuniary compensation shall be
paid to Party B according to the relevant regulations.
2. Party
A can revoke this Contract unilaterally under any one of following
conditions:
(1) Party
B’s performance is proved to be unsatisfactory during the probationary
period;
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(2) Party
B is in serious breach of the regulations of Party A;
(3) Party
B is grossly negligent in carrying out duties, or engaged in malpractices for
private interests, and causes significant loss to Party A;
(4) Party
B establishes a labor relationship with another employer concurrently that
negatively affects the performance of Party A’s assignment, or refuses to make
corrections upon Party A’s request;
(5) Party
B, by way of fraud or threats or otherwise taking advantage, makes Party A
establish or change the labor contract against its real intention and causes the
contract or agreement of change to be rendered invalid;
(6) Party
B is in breach of national and provincial birth control laws or
regulations;
(7) Party
B is liable and responsible to the government due to criminal
wrongdoings;
(8) Party
B contracts a disease or non-work related injury, so that he/she can neither
fulfill his/her original job under this Contract nor take up any other new job
arranged by Party A after treatment;
(9) Party
B is incompetent in the work, and after training or adjusting the post, still
remains incompetent;
(10) This
Contract is unenforceable if there is material change of objective circumstances
under this Contract, and no mutual agreement can be reached between Party A and
Party B after negotiation.
Party A can revoke this Contract
pursuant to above sub-clauses (8), (9) and (10), by serving a prior 30-day
written notice to Party B and shall proceed to the procedures for revocation of
this Contract after the notice period. Party A shall pay pecuniary compensation
to Party B in accordance with the regulations. Further, should this Contract be
revoked pursuant to sub-clause (8), Party A shall also pay the medical subsidy
fee to Party B.
3. In any
of the following circumstances, Party A may downsize and pay pecuniary
compensation according to provisions after performing specific
procedures:
(1) Party
A conducts restructuring according to the provisions of Corporate Bankruptcy
Law;
(2) Party
A experiences severe difficulties in production and operation;
(3) Party
A changes products, conducts significant technical renovation or adjusts
operating methods;
(4)
Significant changes to other objective economic conditions upon which the labor
contract was made have caused the Contract to be unperformable.
4. Party
B can revoke this Agreement by serving a written notice, 30 days in advance, to
Party A. During the probationary period, a 3-day advance notice shall be
provided to Party A.
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Nevertheless,
in any of the following circumstances, Party B may revoke this Contract and
Party A shall pay pecuniary compensation according to provisions:
(1) Party
A fails to provide labor protection or labor conditions according to the
provisions of the labor Contract;
(2) Party
A fails to pay sufficient labor compensation in a timely manner;
(3) Party
A fails to pay social insurance premiums on behalf of Party B according to the
law;
(4) The
rules and regulations of Party A violate the provisions of laws and regulations
and damage the rights and interests of Party B;
(5) Party
A, by way of fraud, threat or otherwise taking advantage, makes Party B
establish or change the labor contract against his/her real intention and causes
the contract or agreement of changes to be rendered invalid;
(6) Party
A causes the Contract to be rendered invalid by exempting itself from its legal
responsibilities and excluding the rights and interests of Party B;
(7) Party
A, in violating laws, administrative regulations, and compulsory regulations,
causes the contract, the appendix to the contract or supplementary agreements
and documents with the same legal effect as the contract to be
invalid;
(8) Party
A forces Party B to work by means of violence, threat, or illegally restricting
personal freedoms or instructs by violating rules and regulations, forcefully
ordering risk-adverse operations to endanger the personal safety of Party
B;
(9) Other
circumstances in which Party B may revoke the labor contract pursuant to the
provisions of laws and administrative regulations.
In case
of the circumstance specified in item (8) above made by Party A, Party B may
revoke the labor contract immediately without giving written notice to the
employer.
5. In any
of the following circumstances, Party A may not revoke the Contract pursuant to
the provisions in Article 40 and Article 41 of the Labor Contract
Law:
(1) Party
B engages in operations that cause contact with occupational diseases, without
receiving occupational health examinations before leaving the post, or has
suspected occupational diseases and is under diagnosis or medical
observation;
(2) Party
B suffers from occupational disease in Party A’s unit or work-related injury and
is confirmed as totally or partially unable to perform normal labor
functions;
(3) Party
B suffers from illness or non-work related injury and is under prescribed
treatment;
(4) A
female employee who is in a stage of pregnancy, delivery or nursing by
breastfeeding;
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(5) Party
B has worked for fifteen years consecutively in the work unit and is within five
years from the legal retirement age;
(6) Other
circumstances as specified by laws and administrative regulations.
(II)
Termination
1. This
Contract shall be terminated immediately upon the expiration of the Contract
period or the occurrence of statutory termination conditions.
2. If the
Contract is terminated in any of the following circumstances, Party A shall pay
pecuniary compensation to Party B according to provisions:
(1) The
labor Contract expires, except when Party A maintains or improves the conditions
agreed in the Contract upon renewal but Party B does not agree to
renew;
(2) Party
A has declared to be bankrupt according to law;
(3) Party
A’s business license has been revoked and has been instructed to close down or
revoke, or Party A decides to dissolve in advance;
(4) Other
circumstances set forth by laws and administrative regulations.
3. In any
of the circumstances by Party B as specified in Point 5, Item (I), Article 8,
once the Contract is expired, Party A shall extend the Contract period of Party
B until the disappearance of appropriate circumstances. However, termination of
the Contract due to the fact that Party B contracts an occupational disease or
sustains a work-related injury and has been determined to be totally or
partially unable to work at Party A’s company shall proceed with the national
and the provincial provisions on workmen’s compensation.
(III)
Procedures for Revocation or Termination of Contract
Upon the
Contract being revoked or terminated, Party A shall provide the certificate for
revocation or termination of the labor contract and proceed with transferring
personnel record and social insurance for Party B within fifteen
days.
(IV) If
Party A violates the provisions of the Labor Contract Law to revoke or terminate
the Contract, it shall pay Party B the compensation at two times the specified
standard for pecuniary compensation.
IX.
Mediation and Arbitration
Any
dispute arising from the performance of the Contract between both parties may be
settled through negotiation in the first place. If no settlement can be reached
through negotiation, it may be submitted to Party A’s labor dispute mediation
agency for mediation; if no settlement can be made through mediation, the
dispute may be submitted to the labor dispute arbitration committee with
jurisdiction within the statutory limit for arbitration, or directly to the
labor dispute arbitration committee for arbitration. In case of any objections
to the arbitration award, the dispute may be submitted to People’s Court for a
lawsuit within the statutory limit.
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X.
Service Term and Limitation for Competition
(I) If
Party A provides expenses for special training to Party B and offers
professional technical training, both parties reach the following agreement:
___________________________________. (In case of violating the agreement on the
service term, Party B shall pay a penalty to Party A according to the agreement.
The amount of the penalty shall not exceed the training expenses provided by
Party A, nor exceed the apportioned training cost to the non-performed part of
the service term).
(II) If
Party B controls Party A’s business secrets and confidential issues related to
its intellectual property right, both parties reach the following agreement:
. (In the event that Party B is liable for confidentiality, Party A may
consult with Party B on the limitation of competition and provide pecuniary
compensation to Party B on a monthly basis within the limitation of competition
after the revocation or termination of the Contract. If Party B violates the
regulation on limitation of competition, Party B shall pay a penalty to Party A
according to provisions. Personnel subject to the limitation of competition are
limited to senior management, senior technical personnel, and other personnel
with responsibility of confidentiality. The term of limitation of competition
after revocation or termination of Contract shall not exceed two
years.)
XI.
Miscellaneous
(I)
Issues not covered in this Contract shall be handled according to the provisions
of the national and local policies. In case of any conflict between this
Contract and the new national and provincial regulations on labor management
during the Contract period, the new regulations shall prevail.
(II) The
following documents are appendixes to the Contract and shall have the same legal
force as the Contract:
1.
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2.
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3.
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4.
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5.
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6.
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(III)
Agreement made by both parties (the contents shall not violate the laws,
regulations, and related provisions; additional pages may be attached with the
signature or seal of both parties):
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Party
A: (Official seal)
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Party
B: (Signature or seal)
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Legal
Representative:
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[Employee
Signature]
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(Or
authorized agent):
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Jan
01, 2009
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Jan
01, 2009
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Attestation
Agency (Seal):
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Attestor:
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Date
of Attestation:
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Agreement
on Change of Labor Contract
Party A
and Party B, through equal negotiation, reach agreement on the following changes
to the Contract as follows:
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Party
A: (Official seal)
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Party
B: (Signature or seal)
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Legal
Representative:
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(Or
authorized agent)
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Date:
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Date:
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