Employment Contract
Exhibit
10.5
Employment
Contract
Party A(employer):
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Party B(employee):
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Name:Guangzhou
Dongfang Hospital
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Name:Xxxxx
Xxxxxx
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Legal
representative(person
in charge):Xx
Xxxxxxxx
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ID
card No.:
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Tel.:000-00000000
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Tel.:
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This
Contract is entered into by and between Party A and Party B in accordance with
Labor Contract Law of the People's Republic of China (hereinafter referred to as
Labor Contract Law) and relevant regulations of the State, provinces and
municipalities on the principles of
lawfulness, fairness, equality, voluntariness, mutual
agreement and good faith.
1.
Contract Term
(1)
Contract Term
Party A
and Party B agree to sign a fixe-term contract:
The
contract starts on
Feb. 1, 2008 and ends on Feb. 1,
2013.
(2)
Probation term
Both
parties agree the probation term is from Feb.1, 2008 to Mar.1,
2008.
2.
Job post and labor income(the amount herein is in Renminbi)
1. Job
post:Party A
agrees to engage Party B as the vice president of
the hospital
committee.
2. Labor
income:monthly
salary:4060
yuan.
3.
Performance bonus:both parties agree
to carry out in accordance with Guangzhou Dongfang Hospital Management Assurance
signed by them.
3.
Working hours and rest & holidays
1. Party
A agrees Party B works six days per week and 8 hours per day, and rests at least
a day according to the nature of work in the hospital.
2. Party
A grants Party B to enjoy paid leaves such as holiday, annual leave, marriage leave, funeral leave,
maternity leave, nursing leave according to the systems relating to work, rest
and leave supplemented in Guangzhou Dongfang Hospital Employee Manual in
accordance with laws, and pays basic wage in accordance with normal working
hours wage specified herein and calculation methods stipulated in relevant
policies and regulations.
4.
Social Insurance
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(1)Party A and
Party B participate in work-related injury insurance and pay relevant
insurance premium in accordance with related regulation of the
State, province and municipality. Party B enjoys corresponding insurance
treatment according to
law.
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(2)In case
Party B gets sick or injures not due to work, Party A shall give Party B
the treatment period and medical treatment in accordance with the national
and local regulations, and pay sick leave basic wage during the stipulated
medial treatment period or illness relief fee of 10 yuan per day, with a
total period of no more than 3
months.
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(3)In case
Party B dies due to occupational disease or work, Party A shall handle in
accordance with laws and regulations concerning work-related injury
insurance of the State, province and
municipality.
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5.
Labor protection, labor condition and occupational hazard
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(1)Party A
shall provide the labor and operation place complying with national labor
health standards to Party B in accordance with relevant labor protection
regulations of the State, province and municipality, protecting
practically Party B’s safety and health in production and work. If there
may be occupational hazard to Party B during work, Party A shall tell
Party B the truth, and safeguard Party B’s health and relevant interests
practically in accordance with provisions in Law of the Peoples Republic of China
on Prevention and Control of Occupational
Diseases.
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(2)Party A
shall offer Party B necessary labor protection articles in accordance with
relevant regulations of the State, and arrange a free physical examination
in this hospital each (year/quarter/month) in accordance with regulations
concerning labor protection.
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( 3 )
Party A shall do well the labor protection work with regard to female employees
and juvenile employees in accordance with relevant
State and local regulations.
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(4)In case
Party A gives directions against regulations or order to work at risk
which may threaten the lives and safety of Party B, Party B shall have the
right to refuse and may terminate this labor contract timely. Party B
shall have the right to require to correct and bring charge to relevant
authority in respect of acts of Party A and its management of
ignoring Party B’s safety and
health.
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6.
Change, termination and cancellation
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(1)If meeting
the conditions in Labor Contract Law or upon mutual agreement of both
parties, the relevant contents in the labor contract may be changed or a
fixed-term contract or non-fixed term contract as well as
labor contracts that terminate upon the completion of a certain task
may be terminated.
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(2)Except that
Party A may adjust Party B’s work content according to law due to
incompetence, both parties shall sign an Agreement on Changing Labor
Contract to change the labor
contract.
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(3)This labor
contract may be terminated in case the termination conditions specified in
Labor Contract Law occur.
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7.
Dispatch of economic compensation and medical subsidy
In case
of termination of this Contract, economic compensation, medical subsidy shall be
provided in accordance with Labor Contract Law and relevant principles of the
State, province and municipality and Guangzhou Dongfang Hospital Employee Manual
strictly.
8.
Notice and service
All
notices, documents, data etc. sent or provide each other by both parties during
performance of this Contract shall be served at the address delivered personally
or stated herein. In case either party change the address or telephone, it shall
notify the other party in writing timely.
9.
Settlement of disputes arising from performance of this Contract
In Party
B thinks Party A has infringed his lawful interest, he may claim to Party A or
report to Party A’s labor union first for settlement. In case no settlement can
be reached, he may complain to the nearest labor administration authority.
Disputes occurred arising from performance of this Contract shall be settled
through discussion first; in case no settlement can be reached, they may apply
to Party A’s labor dispute intermediation committee for intermediation within 30
days after the dispute occurs or apply to labor dispute arbitration committee
for arbitration within 60 days.
10.
In case of discrepancy between clauses herein and those in laws, regulations and
rules newly promulgated by the State, province or municipality, the new laws,
regulations and rules shall prevail.
Party A(stamp):
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Party B(signature):
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Legal
representative /s/ Xx Xxxxxxxx
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/s/ Xxxxx Xxxxxx |
Entrusted agent:
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Date:
February 1, 2008
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Date:
February 1, 2008
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