EXHIBIT 10.1
Schedule Required by Instruction 2 to Item 601 of Regulation S-K
The employment agreements between the Company and its officers are
identical, except for the provisions shown below.
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Name and Address Sex Birthdate Degree ID Telephone Contract Department Position Salary Salary
number Term ($) (Y)
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Xxxx Xxxxxxx male 8/2/57 Bachelor 000000000000000 13389290210 1/4/06 Chief 520.43 4200
Residential Community of Degree to Executive
Shaanxi Government, 1/3/08 Officer
Xi'an City, Shaanxi
Province, China
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Xxxx Xxxxxx male 11/18/69 Bachelor 00000000000000000 13152181925 1/4/06 Assistant Secretary 371.74 0000
Xxx'xx Xxxxxx, Xi'an Degree to of BOD of the
City, 1/4/08 Board
Shaanxi Province, China
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Jia Andong male 5/10/61 Bachelor 610111610510003 13892808690 1/4/06 Admin Dept. Chief
No. 6 of Xxxxxxx Xxxx, Degree to Admin. 371.74 3000
Xi'an City, Shaanxi 1/4/08 Officer
Province, China
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Xxx Xxx male 9/18/60 Diploma 612101196009180410 13363958320 1/4/06 Finance Chief 371.74 3000
Xx. 000X xx Xxxxxx Xxxx, Xxxxxx to Dept. Financial
Xi'an City, Shaanxi 1/4/08 Officer
Province, China
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Xx Xxxx male 5/2/64 Bachelor 610104640502001 13572569238 1/4/06 Sales Dept. Chief Sales 371.74 0000
Xx. 000 xx Xxxxx Xxxx, Degree to Officer
Xi'an City, Shaanxi 1/4/08
Province, China
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Xxxx Xxxxxx male 7/25/63 Bachelor 420800630725001 13002909743 1/4/06 Investment Chief 371.74 3000
Homestead of Gold Leaf, Degree to Dept. Investment
No. 100 South West of 1/4/08 Officer
Second Ring Road,
Xi'an City, Shaanxi
Province, China
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Xxx Xxxxxxxx male 12/8/66 Diploma 610426196612080010 029-82072927 1/4/06 Production Chief 371.74 3000
Dragon Spring Degree to Dept. Production
Shanzhuang, Xx Xxxx 1/4/08 Officer
Palace Road, Sanqiao,
Xi'an City, Shaanxi
Provice, China
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Xxx Xxxxxxx male 1/18/48 Diploma 612125480118051 13609261973 1/4/06 Quality Chief 371.74 0000
Xx. 00 Xxxxxx Xxxx, Xxxxxx to Dept. Quality
Xi'an City, Shaanxi 1/4/08 Officer
Province, China
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Xx Xxxx female 5/21/68 Diploma 610111680521002 13991389626 1/4/06 Financial Financial 247.83 2000
Floor5, Unite4, Degree to Controller Controller
Building 4, 1/4/08 Dept. Manager
Xxxxxxx ,Xi'an City ,
Shaanxi Province, China
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TIAN'AN PHARMACEUTICAL CO.,LTD.
Employment Contract
Serial number: TAZY--HRHT--XZ-01
Party A (Employer):Tian'an Pharmaceutical Co., Ltd.
Type of enterprise: A corporation
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Legal Representative: Xxxx XxxxXxx
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Telephone number: 000-00000000-000
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Address: 11th Flr., XxxxXxx, XxxXxx Xxxxxxx, Xi'an City
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Registration place of business license: Torch Rd., Eastern
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Development Zone Xi'an City
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Party B (Employee):
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Gender: Date of birth:
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Nation: Education Degree:
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ID Card No.:
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Home address:
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Post code: Telephone No.:
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This Contract is signed on a mutual and voluntary basis by and between the
following Employer and Employee in accordance with the Labor Law of People's
Republic of China.
I.
Term of the Contract
1. The term of this contract is for ____ years and shall commence on
__________, _____, and shall continue until _____, _____, unless earlier
terminated pursuant to this Contract.
II.
Job Description
2. The Employer agrees to employ Mr./Ms.____________________ (name) as
________________ (job title) in ______________ Department, located in
____________ (office location and city).
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3. The work completed by party B should meet the quantity and quality
standard made by party A concerning the ____________ (job title).
III.
Working Conditions
4. Party A can arrange Party B to perform timing/irregular intervals work
system. To perform the timing work system, the normal working hours of the
Employee shall not work more than eight hours a day and the average working
hours per week shall not exceed 40 hours. And the party A should ensure that
party B has two day's rest per week at least one day's rest in special
situation). Party A may extend working hours due to the requirements of its
production or business after consultation with Party B, but the extended working
hour for a day shall generally not exceed one hour; if such extension is called
for due to special reasons and with the condition of guarantee the health of
party B, the extended hours shall not exceed four hours a day. However, the
total extension in a month shall not exceed thirty-two hours. To perform
irregular intervals work system, if party B ensures to complete the work asked
by party A, party A has the right to arrange the working time, rest time and
holidays.
5. Party A shall pay party B wages or make up day's rest for working
overtime.
6. Party A should provide Party B with necessary occupational conditions
and facilities conforming to the need of the work and establishing and
completing the work process, and constitute articles of labor protection to
guarantee the safety and health during the working process. Party A shall
organize party B have healthy check on terms according to the provisions of
relative departments of the state.
7. Party A should provide party B with professional morality, sanitation,
safety, technique and other education and training about bylaws.
IV.
Compensation
8. Wages shall be paid according to the principle of "to each according to
one's work done" and equal pay for equal work.
9. Party B performs timing work system for party A, and party A shall pay
RMB/$_____ per month. Wages paid according to Section 10 for irregular work
intervals.
10. Party B shall pay the workers wages at a rate higher than that for
normal working hours according to the following standards in one of the
following cases:
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(1) To pay no less than half day's usual wage for working overtime extending 2
hours, and one day's wage for extending 4 hours if it's not a rest day of
party B or state holiday;
(2) To pay 200 percent of the usual wage for work during rest days if the rest
could not be delayed to another time.
(3) To pay 300 percent of the usual wage for working on state holidays.
(4) During the working time of party B, who carry out the obligations of the
country and society, the wage is paid as usual.
11. Because of the insufficient production of party A, which has party B
waited in his/her position, and party A ensures that the wage is beyond RMB500
per month. If this kind of situation lasts over three month, the contract will
be terminated automatically.
V.
Social Security & Welfare
12. Party A and party B will pay all mandatory social programs such as
insurance, unemployment insurance and medical insurance of the Employee
according to the relevant government and city regulations. Party A shall fill in
Employee Endowment Insurance Manual for party B, and the manual should be
transferred under relevant provisions after the termination or ceasing of the
contract.
13. If party B falls in ill or suffers job injuries, whose sick pay, ill
compensation and medical treatment should be enforced in term of the provisions
of the state and party A.
14. The medical insurance treatment of party B are caused by occupational
disease or job injuries, according to the relevant provisions.
15. Party A provides welfare treatments for party B as follows:
See in Welfare System and relevant provisions of the company.
VI.
Labor Discipline
16. Party B shall comply with the bylaws established by party A, strictly
stand to labor safety and sanitation, production processes, operation
regulations and production criterions. Party B shall cherish the property, guard
the secrets, vindicate the honor and equity of party A, and hew to the
occupation morality and actively join the training organized by party A to
improve thought consciousness and profession.
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17. Party A can give party B disciplinary punishments unto cancel the
contract according to relevant bylaws of the company.
VII.
Termination, Modification, Renew and Discharge of the Contract
18. The relevant clauses of the contract may be modified if the relevant
laws, regulations and bylaws have been modified or abolished by the time of
signing the Contract.
19. The relevant clauses of the contract may be modified if the objectively
circumstance changed which the pursuant foundation of the contract, and render
inoperable execute, which the clauses can be modified through consultation of
party A and party B.
20. The contract may be discharged through consultation by the parties.
21. The contract may be discharged by the party A with immediate effect and
the party B will not be compensated:
(1) The party B seriously violates disciplines or bylaws of the party A.
(2) The party B seriously neglects his duty, engages in malpractice for
selfish ends and brings significant loss to the party B;
(3) The party B is being charged with criminal offences.
22. The contract may be terminated by the party A by giving notice in
written form 30(thirty) days in advance:
(1) The party B fails ill or is injured to (other than due to work) and
after completion of medical treatment, is not able to perform his
previous function or any other function the party A assigns to him;
(2) The party B does not show satisfactory performance and after
training and adjusting measures is still not able to perform
satisfactorily;
(3) The parties can not reach an agreement according to the 18th clause
of this contract.
(4) The party A is being consolidated in the legal consolidation period
on the brink of bankruptcy or the situation of business is seriously
in trouble, under such condition, and after explanation to party B
and reporting to relevant labor department, which the contract can
be discharged in legal procedure.
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24. The party B shall not be dismissed according to clause 22 and clause 23
if with following situations:
(1) The party B is ill or injured (other than due to work) and is within
the period of medical leave provided for by applicable PRC law and
regulations and Company policy;
(2) The party B is woman who is pregnant, on maternity leave, or nursing
a baby under one year of age.
25. The party B is ill with occupational disease or injured due to work and
has been authenticated fully or partly disabled by the Labor Authentication
Commission of province, city and district, which shall be treated as Labor Law
or relevant provisions of the country, according to clause 21st nor clause 22nd
of this contract.
26. The contract may be terminated by the party B by giving notice in
written form 30(thirty) days in advance.
27. The party B may inform the party A to discharge the contract at random
under the following occasions:
(1) The party A force the party B to work by violence, duress or illegal
restriction to physical freedom;
(2) The party A does not pay the remuneration of the party B accordance
with the relevant clause in the contract.
28. The contract may be renewed at the expiration through consultation by
the parties with the fulfillment of the procedure.
29. The contract may be terminated when party B retire, quit working or
meet the terminating conditions of this contract and contract without fixed
term.
VIII.
Damages
30. Due to either party's fault, if breaching clause 18th to clause 29th of
the contract to damage the other party. The damage should be compensated by the
faulty party with 3 months' wages accordance with the relevant provisions of
this contract.
31. Party A shall pay economic compensation accordance with following
standards, if party A violates following occasions:
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(1) Party A skimps or defaults the wages of party B without any reason,
and refuses to pay party B overtime rewards, which shall pay party B
sum wages and rewards in prescribed time and pay party B 25% of wages
and rewards in addition as economic compensation;
(2) Wages paid by party A to party B, which is below the lowest living
standard of the city, party A shall make up the insufficient part and
pay 25% of the insufficient part as economic compensation.
32. With following occasions, party A shall pay party B one month wage
which as average wages of 12 months before contract expiration as economic
compensation, which accordance with the working term, two years working will get
two month's wages as compensation by analogy, but it will not over 12 months'
compensation. If the working term of party B is under a year, the compensation
will be 80% of the average wages before contract expiration.
(1) The contract is discharged by party A through consultation with party
B;
(2) The party B does not show satisfactory performance and after training
and adjusting measures is still not able to perform satisfactorily,
contract may be discharged by party A;
(3) he party B fails ill or is injured to (other than due to work) and
after completion of medical treatment, is not able to perform his
previous function or any other function the Employer assigns to him,
contract may be discharged by party A;
(4) The circumstances have materially changed from the date this contract
was signed to the extent that it is impossible to execute the contract
provided, however, that the parties cannot reach an agreement to amend
the contract to reflect the changed circumstances;
(5) The party A is being consolidated in the legal consolidation period on
the brink of bankruptcy or the situation of business is seriously in
trouble, under such condition, it is required to reduce the employee
(in legal procedure).
33. Party A does not pay party B economic compensation after expiration of
the contract, which will pay party B sum economic compensation with additional
50% of compensation.
34. When party A will pay party B economic compensation, if the working
term of party B is under a year, the compensation standard will be as one year.
35. The party B fails ill or is injured (other than due to work) and after
completion of medical treatment, is not able to perform his previous function or
any other function the Employer assigns to him, contract may be discharged by
party A. Party A will pay 6 months' medical fee accordance with the average
month wage of last year, and if party B fall in serious illness, the additional
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compensation will not below 50% of medical fee and will not below 100% if it was
mortal disease.
36. Due to either party A fault, if breaching the contract to damage the
other party, that party A shall undertake the breach liability according to the
extent to the performance of the contract; damage should be compensated by the
party A through consultation with party B accordance with the relevant laws and
regulations of PRC.
37. If party B breaches the contract and causes damage to party A, party B
shall undertake the breach liability according to the extent to the performance
of the contract; damage should be compensated by party B through consultation
with party A accordance with the relevant laws and regulations of PRC.
38. Party B discharges the contract, and training fee is paid by party A,
which party B will pay party B the training fee if the working term of party B
is under 3 years.
IX.
Additional contents made by parties
None.
X.
Labor Disputes
39. Where a labor dispute between the parties takes place during the
performance of this contract, the parties concerned may seek for a settlement
through consultation; or either party may apply to the labor dispute mediation
committee of their unit for mediation; if the mediation fails and one of the
parties requests for arbitration, that party may apply to the labor dispute
arbitration committee for arbitration. Either party may also directly apply to
the labor dispute arbitration committee for arbitration within 60 days starting
from the date of the occurrence of a labor dispute. If one of the parties is not
satisfied with the adjudication of arbitration, the party may bring the case to
a people's court within 15 days of the date of receiving the ruling of
arbitration
XI.
The other clauses
40. Hereinafter are bylaws of party A.
(There are no additional clauses).
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Appendixes of this contract
41. The events which are not written in this contract will be performed
accordance with relevant provisions.
42. This contract has two copies, and each party has one.
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Party A: Party B:
________________________________ ________________________________
Legal Representative (stamp) Signature:
Date: __________________________ Date: __________________________
Address: _______________________ Address: _______________________
_______________________ _______________________
_______________________ _______________________
