Exhibit 4.26
LABOR CONTRACT
PARTY A: CHINA FINANCE ONLINE (BEIJING) CO. LTD.
PARTY B: XXXX XXXXXX
DATE: JUNE 21, 2005
This Contract is entered into by the following two parties in Beijing on
June 21, 2005:
PARTY A:
China Finance Online (Beijing) Co. Ltd. ("Party A" hereafter), a company duly
organized and registered and validly existing in the People's Republic of China.
PARTY B:
Xxxx Xxxxxx ("CEO" hereafter), citizen of the People's Republic of China (ID
certificate number:[ ], address: [ ]).
Pursuant to the Labor Law of the People's Republic of China and other
applicable laws and regulations and upon consultation in the spirit of equality
and free will, Party A and Party B hereby enter into this Contract providing for
Party A's employment of Party B as a contract-based executive-level manager.
1. CHAPTER ONE CONTRACT TERM
1.1 Party A and Party B agree that the term of this Contract shall be as
follows:
(a) Fixed Term: Two years, from June 21, 2005 to June 20, 2007
1.2 If it is the Parties' intention to continue performance under this
Contract, either Party may inform the other of its or his intention to
renew the Contract Term by a 30- day notice prior to the expiration of the
Term.
2. CHAPTER TWO JOB RESPONSIBILITIES
The Company hereby employs Xx. Xxxx to serve as the Company's CEO in
consideration of its business needs. The scope and responsibilities of the CEO
job include the following:
(a) To formulate and implement relevant policies, procedures and
strategies to ensure the realization of the Company's business strategy;
(b) To establish a strong management system and strict internal
control;
(c) To supervise all managing and financial activities to ensure their
compliance with Chinese law and the Company's policy;
(d) To be responsible for timely submitting to the Board of Directors
accurate reports on team management;
(e) To establish and direct a mechanism for solving business problems
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and to timely solve problems that may arise in the company's business
operations;
(f) To establish and direct a mechanism for reducing costs and
increasing efficiency;
(g) To be responsible for the Company's business planning;
(h) To participate in business development and strategic planning;
(i) To supervise and direct the work of the CFO, COO and other senior
management officers;
(j) To carry out strategic acquisition, capital management, etc.
pursuant to the requirements of the Board of Directors;
(k) To provide comments to the Board of Directors on business issues
of the Company;
(l) Other responsibilities stipulated by the Board of Directors.
2.2 The CEO shall perform his duties diligently and competently pursuant to the
requirements for the position.
3. CHAPTER THREE COMPENSATIONS AND STOCK OPTIONS
3.1 The salary of the CEO shall be fifty-five thousand yuan (RMB55,000) per
month (before tax).
3.2 The pay day of the Company will be between the first and the fifth days
of each month and, if such days are during a holiday period, then the pay day
will be the first working day after the holiday period.
3.3 The Company's employees shall pay personal income taxes pursuant to
regulations of the government tax agency, and the Company shall withhold a
corresponding amount from the monthly salary of each employee and pay that
amount on behalf of the employee to the relevant tax agency.
3.4 In addition to what is provided for under the foregoing Article 3.3,
the Company shall have the right to make other deductions from the employees'
salaries in accordance with laws and regulations of the State.
3.5 Party B's compensations also include stock options, which will be
spelled out in more details by the Compensation Committee of the company.
4. CHAPTER FOUR REWARDS AND PENALTIES
4.1 The CEO shall abide by various rules and regulations stipulated by the
Company under the law.
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4.2 Without prior written consent of the Company, the CEO shall not accept
money, gifts or any other kinds of benefits from any customer, collaborating
company or other related company.
4.3 The CEO shall serve the Company faithfully and competently and the
Company will not permit the CEO to engage in any other job on part-time basis
during the term of employment.
4.4 The Company shall impose penalties on the CEO pursuant to regulations
of the Company, if the CEO violates the Company's rules or regulations.
5. CHAPTER FIVE CONFIDENTIALITY AND NON-COMPETITION
5.1 The CEO shall safeguard the intellectual property rights and secrets of
the Company, abide by relevant confidentiality agreements to which the Company
is a party regarding manufacturing technologies, marketing, and unpatented
technologies, and shall not engage in any business or activity that competes
against the business of the Company. Specific obligations are set forth in a
separate Intellectual Property, Confidentiality and Non-Competition Agreement
between the Parties.
6. CHAPTER SIX AMENDMENT, RESCISSION, AND TERMINATION
6.1 If Party B is derelict of his duties or has committed any gross errors
on the job, including without limitation violating the Intellectual Property,
Confidentiality and Non-Competition Agreement between the Parties or laws or
regulations of the State, and impairing shareholders' rights or interests, the
Company shall have the right to rescind this Labor Contract immediately and
shall only have to pay Party B the salary for the current month without any
other compensation.
6.2 If Party B seeks to rescind this Contract before the end of the
Contract Term for personal reasons, Party B shall notify the Company in writing
thirty (30) days in advance, and the Company shall pay Party B the salary for
the current month without any other compensation.
6.3 During Party B's term of employment, if the Company deems that the CEO
has failed to reach the expected target or achieve the expected results, the
Company has the right to rescind this Labor Contract; however, the Company shall
notify Party B in writing thirty (30) days in advance and shall pay Party B
three months' salary as compensation.
6.4 If the Company proposes any amendment to certain provisions of this
Contract due to any change in the objective conditions upon which this Contract
is premised, or if the CEO proposes any amendment for personal reasons, the
proposing Party shall notify the other Party in writing thirty (30) days in
advance, and the Contract may be amended accordingly after both Parties agree to
the proposed amendments upon consultation.
6.5 The CEO may not rescind this Contract pursuant to the foregoing Article
6.4 before all his liabilities for breach under this Contract and the
Intellectual Property, Confidentiality and Non-Competition Agreement have been
cleared.
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6.6 The employment relationship between the Company and the CEO shall be
terminated upon expiration of the Term of this Labor Contract. When this
Contract is rescinded or terminated, Party B shall properly hand over his work
to Party A. All office supplies, equipment, facilities and documents that Party
B used or handled while working for Party A shall be delivered in good condition
to Party A's takeover person. Otherwise, Party A shall have the right to refuse
to proceed with relevant procedures, hold Party B liable for breach pursuant to
the terms of the Contract, and may claim liquidated damages from Party B.
6.7 Regardless of the reasons for his leaving the Company, Party B shall
not defame or xxx the Company, raid the Company for employees, or engage in any
business or activity that competes against the Company's business except if the
Company has committed tax evasion or has otherwise violated the law in its
business operations.
6.8 Upon rescission or termination of this Contract, the Company shall
complete the procedures for rescinding or terminating the Labor Contract within
the stipulated time period, unless otherwise agreed upon in this Contract.
7. CHAPTER SEVEN LIABILITY FOR BREACH
7.1 Under either of the following circumstances, the Party in question
shall be liable for breach of the Contract:
(a) The Company violates the provisions of this Contract and
unilaterally rescinds this Contract, unless otherwise provided for in this
Contract;
(b) The CEO quits his job without the Company's consent.
7.2 Either Party in breach of this Contract shall pay to the other Party
liquidated damages. The standard liquidated damages shall be twice the salary
Party B actually received for the month prior to the date of the breach.
7.3 If the liquidated damages provided for under the foregoing Article 7.2
is not enough to cover the losses of the other Party, then the breaching Party
shall compensate the other Party for the actual losses caused by the breach.
7.4 The CEO warrants (1) that all the relevant information he provides to
the company, including without limitation information about his identification,
address, education, work experiences and professional skills, are true; (2)
that, in working for the Company and entering into this Labor Contract with the
Company, the CEO has not violated any agreement on confidentiality or
non-competition he entered into with his previous employers or any other company
or individual. If the CEO breaches this warranty, the Company has the right to
rescind this Contract and demand that the CEO compensate the Company for any
losses resulting from the breach.
8. CHAPTER MISCELLANEOUS
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8.1 The Employee Handbook and other rules and regulations of the Company
are part of this Labor Contract.
8.2 This Contract has two counterparts, one for the Company, one for the
employee. This Contract shall become effective upon execution by both Parties.
Both counterparts shall have equal legal effect.
8.3 If any of the provisions of this Contract conflicts with laws and
regulations of the State, the laws and regulations of the State shall prevail.
IN WITNESS WHEREOF, the Parties have executed this Labor Contract.
Party A: China Finance Online (Beijing) Co., Ltd.
(Seal)
/s/ [COMPANY SEAL]
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Signature of Authorized representative
Date:
Party B: Xxxx Xxxxxx
/s/ Xxxx Xxxxxx
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Date:
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