Labor Contract of Lizhan (Cayman) Environment Corporation
Exhibit
10.5
Labor
Contract of Lizhan (Cayman) Environment Corporation
Labor
Contract of Lizhan (Cayman) Environment Corporation
Party A (employer): Lizhan
(Cayman) Environment Corporation
Legal
representative: Xxx Xxxxxxxx
Party B (employee): Xxx Xxxxxxxx Sex:
male Date of
birth: April 28,
1963 Nationality: Han ID card No.:
432627196304283014
According
to the Labor Law of the People’s Republic of China and relevant laws, policies
and regulations, after equal and free negotiations, Party A and Party B agree to
sign and execute this contract.
I.
Term of the Contract
1.
|
This
contract is a fixed term contract with a four year term from September 1,
2009 to August 31, 2013.
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2.
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During
the term of the contract the probation period shall
be month,
from .
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II.
Contents of Work
1.
|
Party
B agrees to work as chairman of the board
and chief executive officer according to the work arrangement of
Party A. Party A may adjust Party B’s position (type of work) according to
the need of the work. Party B shall obey the arrangement of Party
A.
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2.
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Party
B must endeavor to fulfill the various work contents for such position
(type of work) according to requirements of the production task and
responsibility system of such position (type of
work).
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III.
Labor Protection and Working Condition
1.
|
Party
A shall provide necessary production and working condition for Party B.
Party A shall strictly abide by the State’s regulations on working
protection, the protection of female workers and juvenile, adopt labor
protection measures and safeguard the safe production and the health of
the employees.
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2.
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Party
A shall follow the State’s working hour system. If overtime work is
needed, it shall make overtime payment to Party B according
regulations.
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3.
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Party
B must strictly follow various safe operating procedures during the course
of the work.
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4.
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During
its employment with Party A, Party B shall not disclose Party A’s secrets
and shall not use the work convenience to participate in activities of
other company of the same production or technique in any form to hurt
Party A’s interests.
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Labor
Contract of Lizhan (Cayman) Environment Corporation
IV.
Work Compensation
1.
|
The
compensation shall be determined based on the workload. There shall be the
same compensation for the same work. Party A shall Pay Party B salary on
the payday each month in cash. According to the position set in this
contract, the monthly salary shall be C: A. salary based on items; B.
salary based on time; C. salary based on level of position; D. sales
commission.
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2.
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For
the probation period, Party B’s monthly salary shall be RMB or
paid based on the position’s.
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3.
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Party
A shall not retain or delay the salary for no reason. The salary paid by
Party A to Party B shall be no lower than the minimum wage standard set by
the government.
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4.
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The
salary based on level of position may be adjusted as required by the
management of the company.
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5.
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In
case of adjustment of position, the salary shall be based on level of
position after the adjustment.
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V.
Rules
1.
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Party
A shall make the rules of the unit and inform Party B in an effective and
timely manner.
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2.
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Party
B shall obey the work management of Party A, and shall strictly follow the
rules made by Party A according to law. Party B must abide by the laws and
disciplines, obey the management and teaching of Party A and follow the
various rules made by Party A according to
law.
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VI.
Conditions for Termination, Alteration and Cancelation of the Labor
Contract
1.
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The
alteration, cancelation and termination of this labor contract by Party A
and Party B shall conform to the Labor Law of the People’s Republic of
China and relevant laws and
regulations.
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2.
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Upon
cancellation or termination of this contract, Party A shall issue Party B
the certificate for cancellation or termination of labor contract, and
handle the transfer of social security relation within the time period
prescribed by regulations.
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3.
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Party
B shall handle the work handover procedure according the agreement of both
parties in a timely manner.
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VII.
Liabilities for Breach of the Labor Contract
1.
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In
case of any party’s breach of this contract causing economic losses to
another party, it shall pay the damages according to it consequences and
the liabilities.
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Labor
Contract of Lizhan (Cayman) Environment Corporation
2.
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After
the training of professional technique and knowledge which are paid by
Party A, if Party B has not completed its service period, Party A shall
charge Party B the damages according to the actual training fee. The
amount shall reduce a 30% for one full year work from the training date
and no damages shall be paid if three full years has
passed.
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VIII.
Collateral Clause
1.
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This
contract shall become effective from the signing date. In case of any
matter not mentioned or in case of any dispute, both parties shall resolve
it through consultation according to relevant State
regulations.
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2.
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This
contract shall have two originals which shall have the same validity.
Party A and Party B shall each hold one
original.
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Party A:
(seal) Party B
(signature):
Lizhan
(Cayman) Environment Corporation
Date: Date: