Labor Contract
Labor
Contract
Employer
(Party A)
Company
name: ZHUHAI
KING GLASS ENGINEERING CO., LTD
Business
code:61751342-0
Address:105
Xxxxxx Xxxx, Xxxxxxx Xxxx Xxxxxx Xxxxxx, Xxxxx.
Phone
number: 0000-0000000
Employee
(Party B)
Name:
Xxxx Xxx
ID
card
No.:000000000000000000
Address:
Phone
number
This
Contract is signed on a mutuality voluntary basis by and between following
Employer and Employee in accordance with the Labor Law of People Republic of
China.
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1.
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Term
of the Contract:
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1)
The
term of this contract is for 1 year and shall commence on Jan.1, 2007, and
shall
continue until Dec.31, 2007, unless earlier term pursuant to this Contract.
2)
It’s
not necessary for the Employee to undergo a probationary period.
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2.
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Job
Description:
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1)
The
Employer agrees to employ Ms. Xxxx Xxx as Chief Financial Officer
2)
The
duty of Employee refers to <Description of Position>
3)
If the
Employer adjusts the position of Employee according to the requirement of
operation, they should act in accordance with the provisions of altering
contract. The agreement or notification for it, which is signed by both sides,
should become an attachment of this Contract.
4)
If the
Employee is sent to work in other company by the Employer, they should sign
an
additional contract.
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3.
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Working
Hours
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1)
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The
normal working hours of the Employee shall be eight hours each day,
rest
at least one day per week, and not beyond an average of forty hours
per
week.
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2)
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The
Employer may extend working hours due to the requirements of its
production or business after consultation with the trade union and
the
Employee. Unless the situation described in the provision No.42 of
Labor
Law, the extended working hour for a day shall generally not exceed
1
hour; if such extension is called for due to special reasons, the
extended
hour shall not exceed three hours a day. However, the total extension
in a
month shall not exceed thirty-six
hours.
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4.
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Remuneration
of Labor
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1)
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The
salary of the Employee shall be monthly paid by the Employer in according
with applicable laws and regulations of P.R.C. It shall be paid not
less
than the standard minimum local salary. The salary of the Employee
is
RMB1004 per month.
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2)
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It
shall be paid by legal tender and instead of kind or value
securities.
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3)
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The
employer adjusts the employee’s salary due to its operating situation or
regulations of distributing salary. If the employee makes no difference
about it within 60 days, it is considered as a sign of
agreement.
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4)
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Employer
pays salary at 10th
every month. If the payment day is the same as holiday or resting
day,
employer should pay at the nearest working
day.
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5)
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If
the Employer extends the working time of the Employee under the authority
of law, the Employer should pay for it additionally according to
the
provision No.44 of Labor Law.
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6)
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The
employee’s compensation for work-caused injuries is counted on the base of
the average salary of previous 12 months of last
year.
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7)
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The
basic counting unit of the employee’s sick pay is according to the
relative regulation.
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8)
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After
negotiation, the employer could deduct such amount as individual
income
tax, mandatory social security programs, and meal fee from the
salary.
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9)
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If
the contract is released or terminated, the employer should pay off
the
employee’s salary at a time.
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5.
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Working
Protection & working
Conditions.
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1)
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The
Employer should provide the Employee with occupational safety and
health
conditions conforming to the provisions of the State and necessary
article
of labor protection to guarantee the safety and health during the
working
process.
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2)
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The
Employer should provide the Employee with safety protection according
to
the Employee’s position, conforming to the provisions of the State and
necessary article of labor
protection.
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3)
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If
the Employer order irregularly or make the Employee work riskily
regardless of the Employee’s safe and health, the Employee could refuse to
obey, ask the Employer to correct, report to the government and charge
the
Employer.
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6.
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Social
Security & Welfare
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1)
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The
Employer will pay for all mandatory social security programs such
pension
insurance, unemployment insurance, medical insurance of the Employee
according to the relevant government and city regulations at a certain
rate.
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2)
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If
the Employee is sick or hurt not because of his job, the Employer
should
give the Employee time and treatment for his sickness conforming
to some
relative provisions, or pay for his treatment expense according to
the
regulations of medical insurance, and pay the certain salary and
relief
fee for the special period.
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3)
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If
the Employee has got occupational disease, dies or is injured due
to it
occupation, the Employer should handle affairs according to the relative
laws and regulations.
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4)
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After
received the application from the Employee, the employer should give
the
employee vocations for holiday, annual rest, marriage, funeral, visiting
family, pregnant and nursing baby, and pay them according to the
standard
set in this contract.
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7.
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Labor
Discipline
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1)
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The
Employer may draft bylaws an labor disciplines of the Company, According
to which, the Employer shall have the right to give rewards or take
disciplinary actions to the Employee. The Employee shall comply with
the
management directions of the employer and obey the bylaws and labor
disciplines of the Employer
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2)
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The
Employee shall undertake the obligation to keep and not to disclose
the
trade secret for the Employer during the period of this Contract.
Details
refers to the Employee’s Manual.
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8.
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Modification
of the Contract.
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1)
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If
any party wants to modify relevant clauses of the Contract, he should
inform the other party by written
form.
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2)
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Relevant
clauses, which are agreed by both parties after negotiation, could
be
modified according to the
procedures.
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9.
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Discharge
of the Contract.
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1)
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The
Contract, which are agreed by both parties after negotiation ,could
be
discharged. If the discharge is suggested by the Employer, he should
compensate the Employee according to some regulation.
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2)
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The
Contract may be terminated by the
Employer:
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a.
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The
Employee does not meet the job requirements during the probation
period.
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b.
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The
Employee seriously violates disciplines or bylaws of the
Employer.
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c.
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The
Employee seriously neglects his duty, engages in malpractice for
selfish
ends and brings significant loss to the
Employer.
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d.
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The
Employee is being punished by physical labor for its
misfeasance
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e.
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The
Employee is pregnant in the Contract term out of
arrangement.
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f.
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The
Employee is being charged with criminal
offences.
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g.
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The
Employee is going out of business, or shutout, or close to bankruptcy
and
legally neatening, or its business situation in serious trouble.
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h.
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After
the treatment of the employee’s disease, neither could he meet the
requirement of the job agreed on the Contract, nor could he do other
job
assigned by the Employer.
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i.
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The
Employee couldn’t meet the requirement of his job before or after training
or adjustment of position.
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j.
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The
circumstances have materially changed from the date his Contract
was
signed to the extent that it is impossible to execute the Contract
provided, however that the parties can’t reach an agreement to amend the
contract to reflect the changed
circumstances.
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k.
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The
discharge clauses agreed here are
met.
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The
Contract may be discharged by the Employer by giving notice in written form
10
days in advance, which complies to the clauses of No.g,h,I,j,k, and the Employer
should compensate the Employee accordingly, and specially for medical treatment
in clause No.h
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3)
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The
Contract may be discharged by the Employee by giving notice in written
form 30 days in advance. However, the Employee may inform the Employer
to
discharge the Contract at random under the following
occasions:
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a.
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The
Employee is still in the probationary
period
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b.
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The
Employer force the Employee to work by violence, duress or illegal
restriction to physical freedom.
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c.
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The
working conditions, which are confirmed by the state, are so serious
that
would do harm to the Employee’s
health.
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4)
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The
Employee shall not be dismissed:
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a.
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The
Employee is ill with occupational disease or injured due to work
and has
been authenticated fully or partly disables d by the Labor Authentication
Commission.
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b.
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The
Employee 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.
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c.
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The
Employee is woman who is pregnant, on maternity leave, or nursing
a baby
under one year of age; or
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d.
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The
applicable PRC laws and regulations otherwise prohibit the termination
of
the Contract.
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5)
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Both
parties would come to the procedures in 7 days after the Contract
is
discharged.
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10.
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Termination
of the Contract
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The
Contract may be automatically terminated at the expiration, or when the clauses
agreed in the Contract are effective.
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11.
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Breach
Liabilities.
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Referring
to the relative regulations an the Employee’s manual.
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12.
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Labor
Disputes
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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.
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13.
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Others
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1)
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Things,
which are not mentioned here, are ruled by relevant laws and regulations.
During
the contract period, any part should follow the latest amended provision
of law and regulation.
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2)
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The
following documents are regarded as attachments for the contract
and will
be effective equally.
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a.
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The
Employee’s Manual
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b.
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Other
regulations of the Company.
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| Employer: | Employee: |
| Legal Representative: |
| Date of Contract: |
| Discriminate and Confirm Comment: |
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| Discriminate and Confirm Office: | Dec.26,2006 |
| The people for Discriminate and Confirm: |
| Date of discriminate and Confirm: |
