Contract
Exhibit 10.6
Contract
reference No. HR-ZX-LW-2009-0077
This
contract is made by and between Hangzhou MYL Business Administration Consulting
Co., Ltd. (“Party A”) and Zhejiang Foreign Service Corporation Ningbo Branch
(“Party B”).
In
accordance with the Employment Law of the People’s Republic of China and the
relevant laws, regulations and policies, the Parties have amicably negotiated on
the basis of equity and mutual benefit and concluded this contract regarding the
lease of employees from Party B to Party A, set forth on the terms and
conditions as follows:
I. Positions
and Number of Persons Required for Leased Employees
1.
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Party
A shall take charge of recruitment of leased employees. Employees who are
recruited and with whom Party B decides to establish the employment
relation will be leased to Party A.
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2.
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The
Confirmation of Leased employees, attached as Appendix A hereto, is to
specify the number, names, term of lease, positions assumed and the
responsibilities, conditions on examination and recruitment for the
probation period, relevant expense etc. The said Appendix shall be of same
effect as this contract.
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3.
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Subject
to mutual negotiation and agreement by the Parties as well as the consent
by the leased employee, the position(s) (job type) and place of working
for such leased employee may be
changed.
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II. Term
of Lease
4.
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The
term of lease for the leased employee hereunder shall be two years,
commencing on the date when the leased employee and Party B sign the
Employment Contract. Subject to mutual negotiation by the Parties and the
consent by the leased employee, the term of lease may be extended or
changed.
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III. Management
of Leased Employees
5.
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The
Parties shall be entitled to, respectively, make the applicable system on
management of leased employees, which shall be informed of such leased
employees in accordance with the relevant lawful procedure. After this
contract taking effect, each of the Parties shall provide its system on
management of leased employees to the other party for the latter’s record.
In case of any conflict between the system of Party A and that of Party B,
the system of Party a shall
prevail.
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6.
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As
to leased employees’ welfare in respect of industrial injury, sick leave,
maternity leave, compulsory annual leave, medical subsidy, and financial
aid regarding employees who died from sickness or other than industrial
injury, the applicable national regulations shall apply, provided that any
expense which can not be covered by the social insurance fund shall be for
the account of Party A.
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7.
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Party
A shall ensure that a leased employee shall enjoy the right to be paid in
the same manner as Party A’s other employees doing the same
job.
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8.
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Party
B shall transact the procedure on admission and dismissal for any leased
employee as required by Party A, and cooperate with Party A to inform of
such leased employee this contract and the appendices
hereto.
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9.
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As
per the Confirmation on Leased employees, Party B will establish the
employment relations with leased employees from the date when such
employee are actually leased to work for Party
A.
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10.
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Party
B shall transact necessary procedure so that leased employees will
participate in the social insurance scheme in a timely manner. Where any
leased employee fails to participate in the social insurance scheme in a
timely manner after Party B and such leased employee sign a written
employment contract, Party B shall retroactively pay such social insurance
fees forthwith.
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11.
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Party
B shall offer consultation service on employment law and social insurance
policy. Party B shall be responsible for dealing with any industrial
dispute regarding any leased employee, while Party A shall be entitled to
take part in mediation of such industrial
dispute.
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12.
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Party
B shall, at the expense of Party A, transact the procedure on retirement
for any leased employee who satisfies the statutory age of retirement
within the term of lease.
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13.
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Party
B shall, upon Party A’s request, provide to Party A the applicable PRC
laws and information in respect of employment management and social
situation issued by the relevant authority, and offer guidance with regard
to the procedures Party A is required to abide by in using the leased
employees.
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IV. Return
and Replacement of Leased Employees
14.
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Neither
of the Parties may, on its sole discretion, return or replace any leased
employee, without consent by the other
party.
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15.
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Where
Party A lawfully returns any leased employee, Party A shall send to Party
B a 35-days written notice or pay Party B the salary for such leased
employee for one month (unless under such circumstance where the
employment contract may be revoked without prior notice in accordance with
the applicable law and regulation). Party A shall be liable to revocation
or termination of the employment contract between such leased employee as
well as the damages and other expenses payable to such leased employee in
connection therewith, if any.
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16.
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Where
any leased employee, upon expiration of his term of lease, involves in any
of the circumstances under Article 42 of the Law on Employment Contract,
the term of lease shall be extended, as appropriate, until such
circumstance ceases.
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17.
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Where
Party A returns to Party B any leased employee in accordance with this
contract, Party A shall transact the procedure on transfer of work with
such leased employee, provided that Party B shall be liable to no damages
arising out of failure of handover of work or improper handover of
work.
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V. Pay
and Welfare for Leased Employees
18.
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The
Parties shall lawfully fix the standard pay for certain positions to be
taken by leased employees and the standard pay for the probation period,
which shall be specified in an appendix
hereto.
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19.
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Party
A shall lawfully assume the pay, social insurance fee and other welfare
for leased employees arising out of the term of lease. Party A shall pay
overtime pay to any leased employee whom is requested by Party A to work
overtime.
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VI. Fees
and Calculation
20.
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Party
B shall offer to Party A the service on leased employees, while Party A
shall pay Party B the fees on service on leased employee, the amount of
which shall be negotiated and agreed by the Parties and specified in the
List of Itemized Fees, attached as Appendix B hereto. Party A shall pay
off the total fees on service on leased employee for the current month
within ___ days after the ___th Day of every month when Party B
delivers the Notice of Payment, on the basis of which the Parties
calculate the fees.
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The total
fees shall refer to the total amount payable from Party A to Party B in
connection with leased employees, inclusive of:
1)
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the
social insurance fees for leased
employees;
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2)
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pay
payables to leased employees (overtime pay, performance-based pay, welfare
included);
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3)
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various
service fees payable from Party A to Party
B.
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21.
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All
contribution to common reserve fund for housing, trade union fees, reserve
fund for the disabled, and otherwise expense, payable from Party B on the
basis of the number of and the amount of pay for leased employees, as a
result of compulsory requirement by the applicable laws and policies or
request by leased employees, shall be paid by Party A to Party
B.
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22.
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Where
Party B changes certain fees in the light of the price rising index for
the previous year and the social insurance and welfare system and tax
policy, as published by the local government, Party B shall notify Party A
in a timely manner, and the relevant expense arising therefrom, if any,
shall be for the account of Party A.The fees on service on leased employee
shall be paid via telegraphic
transfer.
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23.
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Party
A, when it returns or replaces any leased employee in accordance with this
contract, shall pay off Party B the fees on service on leased employee,
the financial damages, medical subsidy, and other financial compensation
within 15 days thereafter, provided, however, that Party A shall be liable
to additional damages for breach of contract, calculated at the daily rate
of 0.02% of the amount payable to Party B; provided, further, that, should
Party A keep default for more than 15 days, Party A shall be liable to all
fees on service on leased employee and financial damages, as well as the
additional damages for breach of contract equal to 20% of the amount
payable to Party B.
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VII.
Breach of Contract Liabilities
24.
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Where
either party violates any applicable national law, regulation, policy and
any provision herein, or the lawful interest of leased employees, and such
leased employees claim any damages, such party shall be liable to the
financial damages and compensation for such leased employees, including
but not limited to the expenses on damages payable to such leased
employees, arbitration, litigation, etc. The other party shall be entitled
to request such party to remedy so, and shall be further entitled to
revoke this contract if such party still refuse to make
remedy.
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VIII.
Supplemental Provisions
25.
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In
case that any provision herein conflicts with any applicable law,
regulation, rule, or policy, or any applicable law, regulation, rule, or
policy is amended during the performance of this contract, the amended
law, regulation, rule or policy shall
prevail.
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26.
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Any
dispute arising out of or in connection with this contract shall be
resolved by the Parties through amicable negotiation; or, in case of
failed negotiation, be referred to Hangzhou Arbitration Committee for
arbitration in accordance with its arbitration
rules.
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27.
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Either
party who will change its office shall send 15-days notice to the other
party.
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28.
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This
contract is made out in duplicate, each of which for each of the Parties.
It shall take effect once both Parties affix their official seals hereon.
It shall be applicable to all leased employee from Party B to Party
A.
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Below is
the execution page.
Hangzhou
MYL Business Administration Consulting Co., Ltd. (“Party A”)
(stamp)
Residence:
Business
registration No.:
Bank
of RMB account:
A/C
No.:
Office
address:
Zip
code:
Tel:
Fax:
Signing
date: Xxxxxx 0, 0000
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Xxxxxxxx
Xxxxxxx Service Corporation Ningbo Branch (“Party B”)
(stamp)
Residence:
Ningbo, Zhejiang, China
Business
registration No.:
Bank
of RMB account: Tianyuan Subbranch, Ningbo Bank, Ningbo
A/C
No.: 23010122000143838
Office
address: 321-1 International Development Building, Ningbo
Bonded Zone
Zip
code: 310003
Tel:
0000-00000000
Fax:
0000-00000000
Place
of signing: Hangzhou
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