Translation of Employment Agreement for Zhengyu Wang
Exhibit 10.1
Translation of Employment Agreement for Xxxxxxx Xxxx
Party A: Zhejiang Forest Bamboo Technology, Ltd.
Party B: Xxxx Xxxxxxx
Contract Period: 2011-1-1- to 2016-1-1
Salary: 20,000/monthly; 300,000/yearly
Position: Chairman
Terms for amending or terminating the Agreement:
1. The Agreement may be amended upon the occurrence of the following: (i) the Company’s converting and adjusting of the production task prevents the continuation of the Agreement; (ii) Xx. Xxxx is determined not competent for the position after a Company evaluation; and (iii) the Agreement cannot be performed due to force majeure or other law, regulations or polices.
The Company shall not require Xx. Xxxx to perform tasks beyond what is required in the Agreement unless: a natural disaster or accidents affects the Company’s normal operations, or the Company’s operating conditions require a temporary job transfer within the Company.
2. Termination of the Agreement by the Company: (i) Xx. Xxxx’x failure of a Company evaluation during the trial period; (ii) Xx. Xxxx seriously violates the regulations or company policies of the Company; (iii) Xx. Xxxx’x dereliction of duty causes major damages for the Company; or (iv) Xx. Xxxx is convicted of a crime.
Under the following circumstances the Company needs to provide written notice to Xx. Xxxx prior to terminating the Agreement: (i) due to Xx. Xxxx’x health condition, he cannot continue to perform his job; (ii) Xx. Xxxx shows incompetence even after extra training or a job transfer; (iii) any condition precedent that the Agreement was based on doesn’t exist anymore and an agreement cannot be reached to change the terms of the Agreement; (iv) the Company files for bankruptcy or is in the process of filing for bankruptcy; and (v) the Company’s operating condition meets the government’s standards of “Enterprises in Operation Difficulty.”
Under the following circumstances the Company may not terminate the Agreement: (i) prior to the expiration of the Agreement’s term; (ii) occupational hazards or work related injuries prevent Xx. Xxxx from working; (iii) Xx. Xxxx is forced to recover from a work related injury; or (iv) Xx. Xxxx is on paternity leave.
Under the following circumstances Mr. Xxxx xxx terminate the Agreement: (i) at any time during the trial period; (ii) he is physically forced by the Company to perform the job; (iii) he is not paid pursuant to the terms of the Agreement; or (iv) the Company’s poor work conditions causes Xx. Xxxx health problems.
Under the following circumstances Xx. Xxxx may terminate the Agreement upon 30 days’ notice to the Company: (i) with Company’s prior consent, (ii) upon Xx. Xxxx’x acceptance to an academic program; (iii) Xx. Xxxx has legitimate reasons for a reasonable job flow; or (iv) Xx. Xxxx decides to relocate outside of China.
Under the following circumstance Xx. Xxxx may not terminate the Agreement: (i) he is the lead responsible person for a major technology research project, major construction project and the projects have not yet been completed; (ii) during the term of confidentiality, (iii) Xx. Xxxx is involved in confidential assignments; (iv) Xx. Xxxx is under an ongoing criminal investigation; or (v) Xx. Xxxx is under Company probation.
The Agreement can be terminated with both parties’ consent without violating the nation’s and the society’s interest.
If needed, the Agreement may be renewed.
Social insurance and welfare:
Both parties will participate in pension insurance. The Company will pay for Xx. Xxxx’x insurance for work-related injuries, and will follow applicable law regarding health insurance.
Xx. Xxxx will be entitled to vacations, family visit, bereavement, and maternal leaves.
Responsibility for breaching the Agreement: any party that breaches the Agreement shall take full lawful responsibility; no party shall bear any responsibility if it is a force majeure that causes the termination of the Agreement; and any party who causes loss to the other party will pay compensation accordingly.
Other terms:
Xx. Xxxx shall be subject to confidentiality restrictions.
Both parties agree that the labor compensation indicated in this Agreement includes Non-compete compensation.
Any disputes between two parties can be brought up to the Arbitration Commission or even to the People’s Court.
Xx. Xxxx’x travel for study abroad, visits or oversea exhibits will be paid by the Company and Xx. Xxxx shall serve the Company for at least two years after returning from such trips before leaving his employment or Xx. Xxxx is required to reimburse the Company for training costs.