EMPLOYMENT AGREEMENT (For Full Time Employee)
Exhibit 10. 5
SHENZHEN
CITY
(For Full
Time Employee)
Edited by
Shenzhen City Labor and Social Security Bureau
Page 1 of
8
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Party
A (Employer)
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Party
B (Employee)
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Name
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Name
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Xxxxx
Xx
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Address
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Sex
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Male
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Legal
(Major) Representative
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Fushun
Li
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ID
Number
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422302192607150736
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Contactor
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Address
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Phone
Number
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13926544702
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Phone
Number
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00000000000
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According
to Labor law of The People’s Republic of
China (refer as Labor Law) and Labor Agreement Law of The People’s Republic of
China (refer as Labor Agreement Law), Party A and Party B sign and obey this
agreement which is based on legal, fair, free will and honest
principle.
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1.
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Term
of agreement
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A.
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Party
A and Party B agreed the following method _a_ to
determine the term of this
agreement.
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a.
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Fixed
term: From December 10, 2009
to December 10,
2012.
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b.
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No
limited term: Start from
_____________________.
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c.
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Term
will be due when project finished: Start from ______________ till project
is completed.
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B.
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Probation: No
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2.
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Job
description and location
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Party B’s
job description (or position): Chairman of the Board of
Directors
Party B’s
job location: ________________________.
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3.
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Working
hours and vacation
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A.
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Party
A and Party B agreed the following method _a_ to
determine Party B’s working hours.
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a.
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Standard
working hours: _8_ hours a day
(no more than 8 hours); _40_ hours per
week (no more than 40 hours); at least one holiday per
week.
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b.
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No
fixed working hours: After approved by Labor and Social Security
Administration Department, Party B’s job implements no fixed working
hours.
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Page 2 of
8
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c.
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Comprehensive
working hours: After approved by Labor and Social Administration
Department, Party B’s job implements comprehensive working
hours.
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B.
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If
Party A needs to extend working hours due to operation, the process should
comply with the regulation No.41 of Labor
Law.
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C.
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Party
B is entitled to have national holiday, marriage leave, maternity leave,
bereavement leave and other
holidays.
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D.
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Other
holidays or vacation arrangement:
________________________________.
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4.
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Compensation
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A.
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Party
A set up compensation regulation in accordance with law and inform Party
B. The compensation Party A pay to Party B could not lower than the lowest
limit required by the government.
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B.
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Party
B’s compensation: RMB$ 15,000 per
month.
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C.
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Party
A will pay on 10th
in each month and need to pay to Party B at least one time per
month.
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D.
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Party
B’s compensation for extra working hours, paid vacation, and special
situation will be implemented in accordance with the relevant law and
regulations.
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E.
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Other
agreement for compensation:
______________________________.
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5.
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Social
insurance and benefit
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A.
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Party
A and Party B comply with national, province, and city’s regulation to
apply social insurance and pay social insurance
premium.
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B.
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If
Party B got sick or hurt but not related to work, Party B should be
entitled treat period and payment for treat period by Party A in
accordance with national, province, and city’s relevant
regulations.
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C.
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If
Party B got occupational disease and hurt due to his job, Party A should
process this situation in accordance with Occupational Disease Prevention,
Business Insurance Regulation and other relevant
laws.
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D.
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Party
A provides Party B the following benefits:
________________________________.
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6.
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Labor
protection, working condition, Protection against occupational
hazards
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Page 3 of
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A.
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Party
A provides a clean and safe working environment and necessary protection
supplies in accordance with the relevant regulations to protect Party B’s
safety and health.
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B.
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Party
A provides special protection for female employees and un-adult employees
in accordance with the relevant
regulations.
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C.
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Party
B engages in___________ which may cause ____________occupational hazards,
Party A implement ______________________ protection process and provide
healthy check for Party B _____ time per
year.
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D.
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Party
B is entitled to refused Party A’s illegal comments to work in the
dangerous situation. Party B is entitled to ask for change or report to
relevant department.
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7.
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Regulation
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A.
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Party
A set regulation in accordance with the law and should inform Party
B.
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B.
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Party
B should comply with national relevant laws and Party A’s regulation;
complete assigned project on time; improve career skills; obey safety
operation regulation and professional
Ethics.
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C.
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Party
B should comply with the relevant regulation regarding to birth control by
him or herself.
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8.
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Amendment
of agreement
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The
agreement could be amended after agreed by both sides. The amendment of this
agreement should be written and both sides should keep one.
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9.
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Cancellation
and termination of agreement
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A.
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The
agreement could be cancelled after agreed by both
sides.
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B.
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Party
B should have written notice to Party A 30 days in
advance.
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C.
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If
Party A have the following situation, Part B could notice Party A to
terminate the agreement:
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a.
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Did
not provide labor protection and condition in accordance with the
agreement;
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b.
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Did
not full pay compensation on time;
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c.
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Did
not pay social insurance premium for Party B in accordance with the
law;
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Page 4 of
8
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d.
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Party
A’s regulation against the law and regulations which damage Party B’s
right and benefits;
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e.
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Party
A enforce or cheat Party B to sign or modify this agreement under
unwilling situation which make this agreement has no legal
effect;
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f.
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Party
A escapes its legal responsibilities and omit Party B’s
rights;
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g.
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Party
A against law and other relevant administrative
regulations;
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h.
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Other
situations which allow Party B to terminate this agreement in accordance
with the law and relevant
regulations.
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D.
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If
Party A enforces Party B to work by illegal methods such as violation and
threaten, Party B could terminate this agreement immediately without
informing Party A in advance.
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E.
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If
Party B has the following situations, Party A could cancel the
agreement:
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a.
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Being
approved unsuitable during
probation;
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b.
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Violate
Party A’s regulation seriously;
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c.
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Seriously
missed job duty and violated professional Ethic to cause Party A’s huge
lost;
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d.
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Party
B works for others at same time which caused seriously effect on his or
her job duty with Party A;
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e.
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Party
B enforce or cheat Party A to sing or modify this agreement under
unwilling situation which make this agreement has no legal
effect;
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f.
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Being
invested criminal responsibility.
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F.
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Under
the following situation, Party A could terminate the agreement by sending
a written notice 30 days in advance to Party B or paying Party B
additional one month compensation:
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a.
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Party
B got sick or hurt but not due to job and cannot implement the same job
after regulated treat period is due and cannot implement the other job
which Party A assigned;
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b.
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Party
B cannot fulfill his or her job duty, even after training and job
adjustment, still cannot handle;
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Page 5 of
8
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c.
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The
environment has significant change which causes the employment agreement
could not be implemented. After negotiation, both sides still
cannot achieve agreement;
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G.
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Under
any one of the following situation, Party A needs to downsize more than 20
employees or fire less than 20 employees but more than 10% of
total Party A’s employees, Party A should explain the situation to Union
or all employees 30 days in advance. After listening the opinion from
Union or employees and reporting to Labor and Social Security
Administration Department, Party A could
downsize:
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a.
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Restructure
in accordance with the bankruptcy
law;
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b.
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Operation
meet significant difficulties;
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c.
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Change
of business’ direction, important technical change and adjustment of
operation, downsizing still need after amended the
agreement;
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d.
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The
environment has significant change which causes the employment agreement
could not be implemented.
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H.
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Employment
agreement should be terminated under any of the following
situation:
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a.
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Employment
agreement’s term is expired;
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b.
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Party
B starts to be entitled to have retirement
benefit;
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c.
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Party
B dead or is announced dead or missing by the local
Court;
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d.
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Party
A is announced bankruptcy;
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e.
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Party
A’s business become ineffective and was force to closed or
dismissed;
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f.
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Other
situations in accordance with the laws and
regulations.
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10.
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Economic
compensation
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A.
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Under
any one of the following situation, Party A could ask economic
compensation from Party B:
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a.
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Party
A informs Party B and achieve agreement to cancel the agreement in
accordance with the term 9-A of this
agreement;
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b.
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Party
B requests to cancel the agreement in accordance with the term 9-C and 9-D
of this agreement;
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Page 6 of
8
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c.
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Party
A requests to cancel the agreement in accordance with the term 9-F of this
agreement;
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d.
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Party
A requests to cancel the agreement in accordance with the term 9-G of this
agreement;
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e.
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Except
the situation which Party A maintains or increases the terms of the
agreement to extend this agreement but refused by Party B, the agreement
is cancelled in accordance with the term 9-H of this
agreement;
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f.
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The
agreement is cancelled in accordance with the term 9-F-d and 9-F-e of this
agreement;
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g.
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Other
situations in accordance with the laws and
regulations.
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B.
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When
the agreement is cancelled or terminated, the offering of the economic
compensation should comply with the Labor Agreement Law and other relevant
regulations. If Party A need to pay to Party B, it should be paid when
Party B implements the transfer of the
job.
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11.
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Process
of cancellation of the agreement
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When
Party A and Party B decide to terminate this agreement, Party B should implement
the job transfer in accordance with the agreement between both sides. Party A
should provide written approval and implement document and social insurance
transfer within 15 days.
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12.
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Controversy
process
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When
controversy happened, both sides should try to negotiate first. If negotiation
does not work, they could get help from Union or Labor Dispute Meditation
Committee; or be judged by Labor Dispute Meditation Committee directly. If no
objection with the result, both sides should implement accordingly. If any Party
has objection with the result, this Party could bring this case into
court.
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13.
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Other
additional terms which both sides would like to
add:
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_______________________________________________________________________
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14.
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Others
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Page 7 of
8
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A.
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Any
insufficient terms or any current term violated with current laws and
regulations should comply with the current laws and
regulation.
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B.
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This
agreement will enter into force once signed by both sides. Any modify or
unauthorized signature will cause this agreement
ineffective.
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C.
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This
agreement has two copies and both sides keep
one.
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Party A:
(Seal) New Energy Systems
Group Party
B: (Signature) Xxxxx Xx
Legal
(major) representative: Fushun Li
December 10,
2009 December
10, 2009
According
to the 10th term
of Labor Agreement Law: A written employment agreement is necessary when
established employment relationship. According to the 16th term
of Labor Agreement Law, the employment agreement should be negotiated and agreed
by employer and employee; signed by both sides for entering into force. The
agreement should have two copies and both sides keep one.
After
obtaining this agreement, employee’s signature: Xxxxx Xx
Signature
date: December 10, 2009
Page 8 of
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