Guangzhou Dongfang Hospital Employment Contract
Exhibit
10.1.1
Number:
Guangzhou
Dongfang Hospital
Employer
(Party A): Guangzhou
Dongfang
Hospital
Address
(Party A):
Employee
(Party B): Wu
Pifa
This
Contract is made by and between Party A and Party B in accordance with Law of
the People’s Republic of China on Employment Contract (hereinafter referred to
as “Law on Employment Contract”) and relevant regulations at State and
provincial and urban level, observing the principles of legality, fairness,
equality, voluntariness, unanimity through consultation, honesty and
credibility.
I
Term of contract
1.
Term of contract
Party A
and Party B agree to fix the term of this Contract in the following
manner:
Fixed
term: from February
20, 2008 to February 20,
2010.
2.
Term of probation
The
parties hereto agree to fix the term of probation (the term of probation is
included in the term of contract) in the first way below:
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1、
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No
term of probation.
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2、
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The
term of probation commences from the 20th day of February and
ended on the
20th day February
of 2010
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II
Work content and place
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1.
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Work
content of Party B: work
related to company listing, financing, project assessment suggestion,
commercial planning, company financial planning, definition of operation
goal, financial budget review, financial auditing and other work in
financial affairs.
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2.
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The
work content of Party B is defined as (fill “Yes”): (Yes
) management and specialized technology / (
) worker.
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3.
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If
Party A need adjust the work content of Party B due to requirement of
production and operation, Party A shall amend this Contract through
consultation, and the agreement confirmed by signature or seal or notice
of amendment according to law shall be treated as the annex
hereto.
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4.
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Work
place of Party B: Guangzhou .
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5.
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Except
the temporary work or short-term study and training, if Party A requires
Party B to work, study or train at the place or unit other than agreed
herein, it shall handle according to Article 7
herein.
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2
III
Working hour and break & holiday
0.Xxxxx A
and Party B agree to fix the work hour of Party B in the following
ways:
Standard
work hour system, namely, work for 8 hours each
day, 6 days
each week, the normal work shall not exceed 48 hours each week, and have a day
off at least.
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2.
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Party
A may extend working hour due to requirement of production (work) after
discussion with labor union and Party B.
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3.
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Party
A shall implement the legal systems or those supplemented by itself
according to law in respect to work, break and holiday, granting Party B
paid holidays like festival leave, annual holiday, marriage leave, funeral
leave, maternity leave, nursing leave, and pay wages according to the
normal working hour wage agreed herein and calculation methods prescribed
in relevant polices and
regulations.
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IV
Labor remuneration
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1.
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The
wage standard (base for calculating overtime wage)for normal working hour
of Party B shall be implemented in the following way (1), and shall not be
lower than the local minimum wage standard and standard agreed in
collective contract of the company.
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(1)
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Hourly
wage: 20000 yuan
/ month ( )
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(2)
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Piece
rate wage:
(this agreement can be held water only if over 70
percent of employees can accomplish in normal working
hour);
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(3)
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Other
ways:
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2.
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The
probation wage for Party B is
yuan /month (shall be lower than neither the amount
equivalent to 80% of the wage agreed in Paragraph 1 or minimum level of
wage of the same position of the company, nor the lowest wage standard of
the city).
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3.
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The
wages must be paid in legal currency other than articles or other
substituted currencies like securities.
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4.
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Party
A and Party B may determine the specific method for normal wage growth in
accordance with the hospital’s operation position, price index through
negotiation of the parties or collective negotiation.
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5.
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The
time for payment of wage of Party A to Party B is: the
th each month (or a certain day in a week). In case of holidays or
day off, the wage shall be paid in advance on the latest working
day.
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3
V
Social insurance
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1.
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Party
A and Party B shall join the social insurance and pay social insurance
premium in accordance with relevant rules at State, provincial or urban
level. Party B enjoys corresponding social insurance treatment according
to law.
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2.
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In
the case Party B is sick or injured not due to work, Party A shall grant
Party B the medical treatment period and medical care treatment according
to State and local rules .
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3.
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If
Party B suffers from occupational diseases, is injured or dead due to
work, Party A shall handle in accordance with relevant provisions in laws
or regulations concerning work-related Injury Insurance at State,
provincial and urban level.
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VI
Labor protection, labor conditions and occupational hazard and
protection
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1.
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Party
A shall provide to Party B with the labor operation places meeting the
labor sanitation standard of State in accordance with relevant labor
protection rules at State, provincial and urban level to protect
practically the safety and health of Party B in production and work. If
the occupational hazard is likely to occur during Party B’s work, Party A
shall inform Party B truthfully, and protect Party B’s health and relevant
interests practically in accordance with Law of the Peoples Republic of
China on Prevention and Control of Occupational
Diseases.
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2.
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Party
A shall provide to Party B with necessary labor protection articles in
accordance with relevant rules of State, and arrange health checkup for
Party B free of charge every
(year / quarter / month) in accordance with the rules concerning labor
protection.
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3.
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Party
A shall do the labor protection work properly for women employees and
minor workers in accordance with relevant State and local
regulations.
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4.
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Party
B shall have the right to refuse to perform dangerous operations that are
instructed in violation of regulations or peremptorily ordered by Party A,
and may terminate this Contract at any time. Party B has the right to
require to correct or lodge prosecution or accusations to relevant
authorities against Party A and its management staff in respect of acts of
ignorance of Party B’s safety and
health.
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VII
Amendment, termination and ending of labor contract
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1.
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Upon
meeting the conditions prescribed in Law on Employment Contract or
reaching a negotiated consensus, Party A and Party B may amend relevant
content of the employment contract or terminate a fixed-term contract, an
open-ended employment contract or a contract to expire upon completion of
a certain job.
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4
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2.
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Except
the circumstance under which Party B is incompetent and Party A may adjust
his work content appropriately according to law, the parties hereto shall
conclude Agreement on Amendment of
Employment Contract to amend the employment contract.
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3.
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This
Employment Contract is terminated upon occurrence of the conditions for
termination prescribed in Law on Employment
Contract.
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VIII
Notice and service
All the
notices, documents, information, etc. sent or provided each other by the parties
hereto during the execution of this Contract may be delivered in presence or
served at the correspondence address stated herein. If one party relocates or
changes telephone, it shall notify the other party in writing
timely.
IX
Settlement of disputes arising from execution of this Contract
If Party
B thinks Party A infringes his legal interest, Party B may first present to
Party A or report to Party A’s labor union to seek for settlement. In case of
failure to settle, Party B may complain to the nearest labor administrative
department. The dispute arising from execution of this Contract shall be settled
first through negotiation; in case no settlement can be reached, the parties
hereto may apply to Party A’s labor dispute intermediation committee for
intermediation within 30 days from occurrence of the dispute, or to the labor
dispute arbitration committee for arbitration within 60 days.
X
Other matters the parties need to agree
Party A is a company
intended to list. Party A undertakes to present 100000 shares of the company to
Party B when its company is listed, and grant Party B the shares allocation
right not less than 100000 shares at the most favorable price fixed by the
company.
Enclosed are Party B’s
yearly and monthly work plans. Each work plan has corresponding point value. In
case Party B is unable to complete work according to monthly plan (the monthly
plan is adjusted according to yearly plan, quarterly plan and completion
position of the last month), Party A shall deduct corresponding wage of Party B
according to point value of uncompleted position.
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This
Contract (including its annex) is made in duplicate (three copies are required
for verification, of which the verification agent keeps one copy). After signing
by both parties, Party A must deliver one copy of them to Party B to hold, and
both the copies are equally authentic. If Party A fails to deliver one copy of
them to Party B to hold, it will be deemed as failed to conclude this Employment
Contract with Party B; When disputes occur, Party A shall not oppose Party B’s
claim for the reason that this Contract has been concluded, and Party A shall
assume corresponding legal liability.
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Party
A: Guangzhou Dongfang Hospital (Seal)
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Party
B: (Signature)
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Legal
representative:
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(Authorized
agent): Seal of
Xx Xxxxxxxx
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/s/
Wu Pifa
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February
20, 2008
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February
20, 2008
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