Employment Agreement Party A (Employer): Dalian Rino Environmental Engineering Technology Co., Ltd. Party B (Employee): Li Yu Formed by Labor and Social Security Bureau of Dalian City
Code:
Party A
(Employer): Dalian Rino Environmental
Engineering
Technology Co., Ltd.
Party B
(Employee): Li Yu
Formed by
Labor and Social Security Bureau of Dalian City
This
Employment Agreement is signed by and between Party A and Party B on the
principles of legality, fairness, equality, voluntariness, negotiation, honesty,
credibility according to the labor law of People’s Republic of China and labor
contract law of People’s Republic of China and relevant laws and
regulations.
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1.
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Basic
details of parties.
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Article
1 Party A
(Employer) Dalian Rino
Environmental Engineering Technology Co., Ltd.
Legal
Representative, Major Responsible People or Entrusted Agent : Xxxxx
Xxx
Type of
Unit Enterprise economic
type: limited
liability
Organization
code 74439770-9
Registration
place Xx.00
Xxxxxxx Xxxx, Xxxxxxxx Xxxxxx,
Xxxxxxx
Xxxxxxxx, Xxxxxx
Xxxx, Xxxxxxxx
Xxxxxxxx.
Actual
Operating Place _________ Road, ________ Street, ______ District, _____ City,
________ Province.
Contact
info and telephone 0000-00000000
Article
2 Party
B(Employee) Li
Yu Sex Female
Type of
Household Registration not
Agriculture
ID number
of Resident 21020419590201306
Household
Registration: Gan district, Dalian City, Liaoning
Province.
Place of
residency: Gan
district, Dalian City, Liaoning
Province.
Contact
info and telephone:
Article
3, Party B should inform Party A timely about every change regarding contact
info and telephone.
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2.
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Term
of the Agreement:
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Article
4 The term of
the Agreement is agreed upon by the parties according to the first clause of the
following arrangement.
(1) Fixed
term: the term of this agreement shall commence on September 11th, 2008 and shall
continue until September 10th, 2013. the
probationary period will start from ______________-until
____________.
(2) Non
fixed term: the term of this agreement shall commence on ____________. The
probationary period will start from ___________ until
______________.
(3) Term
based upon mission finished: the term of this agreement shall commence on
_____________ until _____________
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3.
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Working
contents and working place
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Article
5 Party A
agrees to employ Party B as accounting manager
for the management
position, the working place is located in the Company.
Party
A and Party B may sign employment terms to lay out detailed working
responsibility and requirements.
Article
6 Party B
should comply with Party A’s working arrangements and requirements, perform
working responsibility diligently, finish working mission timely, comply with
regulations formed by Party A.
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4.
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Working
hours, rest and vacation .
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Article
7 Party B’s
position will follow the first working hour
system.
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(1)
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Standard
working hour system: the normal working hours of the Party B shall be
eight hours each day, for an average of forty hours per week, the rest
days for each week shall be Saturday and
Sunday.
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(2)
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Non
fixed working hour system: Based upon the assurance of Party B’s health
and in consideration of Party B’s opinions, Party A shall adopt means such
as concentrated work, concentrated rest, alternate rest and flexible
working to ensure Party B’s rights for vacation and the accomplishments of
production and working.
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(3)
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Calculate
working hours based upon (year/season/month), average working day and
average working week do not exceed standard legal working
time.
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Party A
shall ask for an approval before implementing methods of (2) and
(3)
Article 8
The Employee is entitled to all legal holidays and other paid leaves of absence
in accordance with the laws and regulations of PRC and the company’s work
rules.
Article 9
The Party A may extend working hours due to the requirements of its production
or business after consultation with the trade union and the Party B, but the
overtime working hours for a day shall generally not exceed one hour; if such
overtime work is called for due to special reasons, the extended hours shall not
exceed three hours a day, however, the total extension in a month shall not
exceed thirty-six hours.
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5.
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Remuneration
of Labor
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Article
10 In accordance with production
nature and economic benefit, Party A will set up remuneration system of its own.
With such system, Party B’s salary level will be decided on the basis of labor
skills, labor amount, labor conditions, labor contributions. Same amount of
labor will be compensated equally.
Article
11 The third method of
payment system is adopted.
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(1)
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Time-based
salary: Party B’s salary standard is _____ yuan/month, bonus will
calculated based upon Party B’s actual labor
contribution.
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(2)
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Item-based
salary: Party B’s labor amount is ______, unit price is
______.
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(3)
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According
to the salary system formed by Party
A.
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In the
probationary period, Party B’s salary standard is ______
Article
12 Party A shall pay Party
B before 15th day of
each month in the form of legal tender or bank account transfer. In the case of
holiday or vocation, the salary’s payment will be paid in the latest working
day.
Party A
shall record the time, amount, working days, signature of Party B’s salary
payment, Party A will provide salary list to Party B.
Article
13 Party B works in the
extended hours or holidays, legal vacation days Party A shall provide Party B’s
vacation or pay Party B additional salary according to PRC’s relevant
regulations.
Article
14 If Party B performs the
work, Party A shall pay Party B no less than the standard minimum
salary.
Article
15 Party B’s vocational
salary in sick leave will be provided by Party A according to the company’s
regulation, but such salary will be no less than 80% of the minimum
salary.
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6.
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Social
insurance and social welfare
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Article
16 Party A and Party B
shall take part in the social security system according to laws, and pay off
social security timely. Both parties agree social security will be paid
according to the first means. Among them, Party A shall deduct from Party B’s
paycheck of the portion that Party B is responsible for.
(1) take
part in pension insurance, medical insurance, unemployment insurance, working
damage insurance and propagation insurance.
(2) tack
part in medical insurance, working damage insurance and ___________
Article
17 During the term of this
Agreement, Party B shall be entitled to proper treatment according to law and
regulations in the case of vacation, sickness, damage, professional disease or
working injury, propagation, death as well as duration and treatment in the
period of medicine and pregnancy.
Article
18 Party A will provide
Party B the following supplementary insurance and welfare
treatment.
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7.
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Labor
protection, labor condition and professional damage
protection.
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Article
19 Party A shall establish and
perfect safety technology operating rules, working regulations and systems of
labor safety health, occupational damage protection. Party A shall provide Party
B necessary training. Party B shall comply with various safety operating rules
and regulations.
Article
20 Party A will provide
Party B necessary labor protection items and labor safety conditions which
comply with corresponding national regulations.
Article
21 For those positions
which may induce occupational disease, Party A shall inform Party B honestly,
and provide labor safety education to Party B. Party A should precaution the
accidents happened in the process of working and reduce occupation
damage.
Article
22 Party B is entitled to
refusing to work, if Party A’s order is in violation of safety regulations and
jeopardizing Party B’s personal safety. For those damaging labor conditions
provide by Party A, Party B is entitled to criticize, disclose and
prosecute.
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8.
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Performance
and modification of labor contract
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Article
23 Both parties of this
Agreement will fully and legally perform their respective duties under this
agreement.
Article
24 The performance of this
agreement will not be affected, if Party A proceeds to modify its name, legal
representative, major managing officer or investors.
Article
25 The mergers and
dissolution of Party A shall not affect the validity of this Agreement, the
successor of Party A’s rights and obligation shall continue to perform this
agreement.
Article
26 The relevant clauses of
this agreement may be modified by the parties through consultation and such
modification will be confirmed by written form.
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9.
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Termination
and discharge of labor contract
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Article
27 This Agreement may be
terminated by the parties through consultation.
Article
28 Party B may terminate
this agreement if Party B gives a 30 days’ written notice in advance. During the
probationary period, Party B may terminate this agreement if Party B gives a
3-day notice in advance.
Article
29 Party B could terminate
this Agreement, if:
(1) Party
A does not provide labor protection and labor condition according to the
agreement.
(2) Party
A does not provide labor remuneration timely and fully.
(3) Party
A does not pay for social insurance fee on behalf of Party
B
(4) Party
A’s regulation and system is in violation of laws and regulations of PR and harm
Party B’s interests.
(5) this
Agreement is rendered invalid due to article 26 section 1 of labor contract
law.
(6) other
conditions provided by laws and regulations that Party B could terminate labor
contract.
(7) Party
A compels Party B to do the work through means of violence, threat or illegally
confine Party B’s personal freedom, or Party A issues his order without
consideration of relevant regulations thus damaging Party B’s personal safety.
For these conditions, Party B could terminate this agreement immediately,
without informing Party A in advance.
Article
30 Party A may terminate
this agreement, if:
(1) Party
B is proved to be not qualified for the position offered during the probationary
period.
(2) Party
B seriously violate Party A’s regulations and systems.
(3) Party
B’s graft or serious dereliction of duty, causing a substantial damage to Party
A.
(4) Party
B establishes employment relationship with other party which seriously affects
the completion of Party A’s work, or Party A makes request for correction, Party
B unreasonably rejects.
(5) Party
B uses such means as deception or coercion, or takes advantage of the other
party’s difficulties, to cause the other party to conclude or modify an
employment contract, that is contrary to that party’s true intent.
(6) Party
B is being charged with criminal offenses.
Article
31 Party A could terminate
this Agreement by giving a 30-day written notification or paying party Yi an
additional one-month salary, if Party B has the following
conditions:
(1) The
Employee is ill or injured (other than due to work) and after completion of the
medical treatment, is not able to perform his previous function or any other
function the Employer assigns to the Employee;
(2) The
Employee does not show satisfactory performances and after training and
adjusting measures is still not able to perform satisfactorily;
(3) The
circumstances have materially changed from the date this agreement was signed to
the extent that it is impossible to execute the Agreement; provided,
however, that the parties cannot reach an agreement to amend the contract to
reflect the changed circumstances.
Article
32 Party A shall lay off
employees according to labor contract law, Party B’s legal interest shall not be
affected.
Article
33 This Agreement should be
terminated, if:
(1) this
Agreement has expired.
(2) Party
B is starting to enjoy basic pension insurance treatment.
(3) Party
B is dead, or Party B is announced to be dead or missing.
(4) Party
A is legally announced bankruptcy
(5) Party
A’s business license is cancelled, Party A is ordered to shut down, Party A is
nullified or Party A decides to dissolve in advance.
(6) other
conditions provided for by laws and regulations.
Article
34 Party A should provide
certification of cancellation or termination of labor contract to Party B when
such conditions happen, and finish the transferring process of personal files
and social security within 15 days. Party B should deal with work transition
according to this agreement. Party A should compensate Party B at the time of
work transition if such economic compensation is necessitated. Party A should
retain the labor contract which is cancelled or terminated for at least 2
years.
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10.
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Economic
compensation and repayment
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Article
35 For the following situations,
Party A should compensate Party B’s economic losses according to Article 46 of
labor contract law: Party A requests the cancellation of contract according to
article 27 of this agreement; the cancellation of contract is based upon
Articles 29, 31 and 32; the Agreement is terminated based upon Article
33.
Article
36 Economic compensation
shall be based upon the working years Party B has finished during her employment
period. For each year accomplished, Party A should pay one month’s salary as
compensation. More than 6 months but less than one year should be accounted as
one year; less than 6 months should be counted as half of one month. The
standard of salary is the average salary for the 12 months preceding the
cancellation or termination of labor contract by Party B.
Article
37 If the monthly wage of Party B is
greater than three times the average monthly wage of employees in the Party A’s
area as published by the People’s Government at the level of municipality
directly under the central government or municipality divided into districts of
the area where Party A is located, the rate for the severance pay paid to him
shall be three times the average monthly wage of employees and shall be for not
more than 12 years of work.
Article
38 If Party A terminates or
ends an employment contract in violation of this
Law and
the Party B demands continued performance of such contract, Party A shall
continue performing the same. If Party B does not demand continued performance
of the employment contract or if continued performance of the employment
contract has become impossible, Party A shall pay double economic damages to
Party B.
Party B
should responsible for Party A’s losses due to Party B’s illegal cancellation of
labor agreement.
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11.
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Miscellaneous
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Article
39 Party A will provide
Party B special training fee, and provide occupational training to Party B. A
special agreement will be done and a service term will be
negotiated.
A breach
damaged should paid by Party B, if he violates the term of service.
Article
40 A special Agreement will
be formed regarding the noncompetition clauses if Party B is responsible to
protect business secrets.
Party
B will be responsible for the payment of breach damages, if Party B violates the
clauses of noncompetition. If Party A incurs losses, Party B should undertake
the responsibility of compensation.
Article
41 the following protocols will be attached to this Agreement.
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(1)
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position
protocol
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(2)
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training
protocol
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(3)
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confidentiality
protocol
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(4)
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_________
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Article
42 The other terms agreed
upon by both parties:____________
Article
43 The disputes arising out
of performance of this Agreement may be resolved by consultation. If
consultation fails, both parties may apply for arbitration, litigation according
to law.
Article
44 The terms not indicated
by this Agreement will be implemented according to national and provincial, city
regulations.
Article
45 This Agreement will
become effective upon signature or seal by both parties. This Agreement is in
duplicate, and Party A and Party B will have one cope respectively.
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Party
A (seal)
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/s/ Xxxxx Xxx
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Legal
Representative, major managing officer
Or
entrusted agent (signature)
Year Month Day
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Party
B(signature)
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/s/ Li Yu
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Year Month Day
If both
parties apply voluntarily for certification of labor contract, such application
should be submitted to labor administration department within 30 days of
formation of labor contract.
Certification
Department (seal)
Certification
date:
Year month day
