Exhibit 10.4
Employment Agreement
Party A: Xxxx (Fujian) Sports Goods Co., Ltd
Address:
Henggoutou Industrial District, Chendai Town, Jinjiang City, Fujian Province,
China
Legal Representative: Yuxi Ding
Tel.: 00000000
Party B: Xxxxxxx Xxx
Sex: Male
Census Register:
Government Yard, Yongfeng Village, Hanyang District, Wuhan
Tel.: 00000000000
ID No.: 429004197112093234
In accordance with relevant laws and regulations of Labor
Contract Law of the People’s Republic of China and through negotiation based on
equality and free will, the two parties agree to conclude this Employment
Agreement under the following terms and conditions.
| 1. |
Term of Labor Contract |
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1) |
Fixed–term Agreement: the validity term of this Agreement commences on
the date of Jan 31st , 2010, and expires
on the date of Jan 30th , 2015, including
probation of 3 months from the date of Jan 31st
, 2010 to the date of Apr 30th
, 2010. |
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2) |
Uncertain term Agreement: the validity term of this Agreement
commences on the date of , and expires on occurrence of legal termination
conditions, including probation of months from the date of to the date of
. |
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3) |
Period Agreement: the validity term of this Agreement commences on the
date of , and expires on completion of certain task.
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| 2. |
Content and Location of Work |
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1) |
Party B is to work at the location of Jinjiang in the position
of Production Manager. |
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2) |
Party B shall be subject to the work arrangement made by Party A,
according to working requirements and working capacity and performance of
Party B. |
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3) |
Party B shall perform his or her work duties provided by Party A, and
shall complete his or her work task in accordance with the provisions in
terms of time limit, quality and workload. |
| 3. |
Working Days and Holidays |
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1) |
Party A is pursuant to the full–time standard working time system and
could make arrangement of working time in accordance with relevant
regulations of laws and specific position requirements of Party B. Party B
should comply with the working time regulated by Party A.
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2) |
To the particularity of the position, Party B shall be subject to the
work arrangement made by Party A, according to working requirement, on
working time, working shift, and days off. |
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1) |
Wage of Party B is paid at yuan/month during probation. After
probation wage is paid in the first way stated below.
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i. |
Wage paid by time: wage is
yuan/month. |
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ii. |
Wage paid by piece: piece wage is decided though proper
and scientific pricing standard of Party A and timely negotiation of both
parties. |
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iii. |
Other ways: _______________ |
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Party A should pay Party B wage in legal currency on
every month. Standard of wage of Party B should not below minimum wage
standard published by People’s Government of Fujian Province. Over–time
payment is paid to relevant laws and regulations.
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2) |
Party A shall adjust Party B’s wage standard according to actual
operational conditions, rules and regulations of the company, performance
assessment of Party B, as well as working seniority, records of rewards
and punishments, and formation of position. After position adjustment,
wage of Party B should be adjusted according to wage standard in the same
level of position, type of work, and post and should meet minimum wage
standard. |
| 5. |
Social Insurance |
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Both parties should honor regulations of social insurance and pay
social insurance premium. Personal part of social insurance premium will
be deducted from wage of Party B. |
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On the termination or conclusion of this Agreement, Party A should be
responsible for relevant formalities of social insurance transfer for
Party B and issue termination or conclusion certification of Employment
Agreement. Party B should be responsible for timely handing over
formalities. |
| 6. |
Labor Protection, Working Condition and Prevention against
Occupational Hazard |
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1) |
Party A shall provide Party B with preventing conditions against
occupational hazard in accordance with the State’s labor standard. |
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2) |
Party B is entitled to the corresponding labor protection and working
condition by provided by Party A. |
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3) |
If Party B engages in work of exposure to occupational disease hazard,
Party A should arrange occupational health check, according to state’s
regulations concerned before on board and departure, as well as annual
occupational health check during the term of this Agreement.
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1) |
Agreement on trainings paid by Party A: |
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2) |
Agreement on keeping commercial information confidential: this
provision is limited to senior officers, senior technology personnel and
others evolved in commercial information. (see staff discipline for
details) |
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3) |
Agreement on supplementary of insurance and well–being: if Party B voluntarily gives up the well–being of social insurance, Party B
should sign confirmation of giving up social insurance.
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| 4) |
Agreement on other issues |
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i. |
Party B should comply with rules and regulations of Party A. |
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ii. |
If Party B leaves halfway, entry allowances should be returned. |
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iii. |
Absence from work will be charged three–day wage and accumulatively
three–day absence a month is regarded as voluntarily giving up the
position with no wage settlement; fighting and brawls lead to dismiss with
no wage settlement. |
| 8. |
Formation of Labor Contract |
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This Agreement could be altered after negotiation of both parties. Any
change of this Agreement should be effective after recording the change in
written form, listing out date of change, signing and sealing by both
parties. For alteration of this Agreement, parties should make alteration
letter, or specific alteration agreement which is appendix of this
Agreement with the same legal validity to this Agreement. |
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| 9. |
Termination, conclusion and renewal of this Agreement are pursuant to
relevant regulations of municipal, provincial and state government. |
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| 10. |
Resolving of Labor Disputes |
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In case of any disputes arising from the performance of this Agreement
which could not be solved by negotiation, either party may submit the case
to labor dispute mediation commission of Party A for mediation; if such
mediation fails, either party may submit the case in written application
to labor dispute arbitration commission within statutory prescription; if
either party refuses to accept the award rendered by the arbitration
commission, it may lodge a lawsuit to local court within 15 days after
receiving award sample. |
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| 11. |
Issues not stated in this Agreement are to be solved by relevant
regulations or under negotiation of both parties. If provisions of this
Agreement are against latest laws or regulations, regulations of latest
laws are ultimate. |
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| 12. |
This Agreement is made in two copies with each party holding one.
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Party A (Sealing): ___________________
Legal
Representative: ________________
Signing Date:
______________________
Party B: __________________________
Signing Date:
______________________
Witnessed By (Sealing): ______________
Signing Date:
______________________
