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Article
1
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Term
of this Contract
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Article
2
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Responsibilities
and Place of the Work
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1.
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Party
A may arrange Party B to engage in a production (job) position in the
company location in accordance with the requirements of such production
(job) position. Party A may adjust Party B’s
position.
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2.
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Party
B shall comply with the types of work, positions arranged or adjusted by
Party A, and complete the production (job) tasks in accordance with the
quality and quantity specified by the certain position requirements
stipulated by Party A.
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3.
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Party
B may, openly and justly, participate in the position competition
organized by Party A in accordance with its own technique and
major.
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Article
3
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Work
Conditions and Labor Protection
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1.
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Party
A shall implement work safety and hygiene education and arrange
professional training to Party B.
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2.
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Party
A shall provide necessary safety and hygiene supplies and conditions in
accordance with state regulations.
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3.
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If
Party B engages in the work which may cause occupational hazards, Party A
shall arrange regular health examination for Party
B.
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4.
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If
Party B is female or under 18, Party A shall provide special work
protection under the state
regulations.
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5.
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If
Party A arranges Party B to take special purpose work, Party A shall
arrange professional training to Party B (excluding that Party B has
received such training). Party B shall not launch out into the position
until obtaining certain qualification
certificate.
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6.
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Party
B shall strictly comply with safety operation regulations and is entitled
to refuse to implement the illegal directions by Party A which may cause
risks for Party B’s safety and hygiene during the process of production
(job).
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Article
4
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Working
Hours and Rest and Holiday Policies
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1.
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Working
hour policy shall be formulated by Party A under the state
regulations.
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2.
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The
working hour policy formulated by Party A shall be applicable to Party B;
Party B shall work 40 hours each
week.
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3.
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Party
A shall ensure the rest, holiday rights of Party B under the state
regulations.
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Article
5
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Labor
Compensation
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1.
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Party
B agrees to implement the wage system formulated by Party A during its
working period. Party B may enjoy a monthly salary of RMB 3000.00. Party A
may determine the wages distribution system, wages distribution form and
level of wages by signing a collective contract or through legal procedure
on the basis of business features and economic benefits. Subject to
approval by the Executive Director, Party A may pay Party B a bonus in
accordance with Party B’s
performance.
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2.
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Party
A shall pay Party B labor compensation by legal tender fully and
promptly.
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3.
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If
Party B completes the tasks specified by Party A within the legal working
hours, Party A shall pay Party B labor compensation no less than the
standard minimum salary regulations stipulated by the local
government.
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4.
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In
the event that Party A arranges work overtime to Party B depending on the
actual business operation, Party A shall pay Party B labor compensation in
accordance with the relevant provisions and business wage
system.
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Article
6
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Social
Insurance and Welfare
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1.
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Both
parties shall progressively build up and perfect the social insurance
according to the relevant state and local regulations. After the
dissolution or termination of this contract, both parties shall handle the
related transfer procedures in accordance with the relevant state and
local regulations.
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2.
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Party
B will be treated as stipulated by the state and local regulations in case
he or she suffers occupational diseases or is injured or dead due to
work.
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3.
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A
female employee will be treated as stipulated by the state and local
regulations in case she is in her pregnancy, confinement or nursing
period.
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4.
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The
other various insurance treatment of Party B shall be implemented in
accordance with the state and local
regulations.
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Article
7
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Rights
and Obligations
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Article
8
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Labor
Discipline
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1.
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Party
A shall be responsible for providing labor discipline and various rules
and regulations education to Party
B.
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2.
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Party
B shall strictly comply with the various rules and regulations prepared by
Party A and obey the management directions and educations of Party
A.
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3.
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In
case Party B violates any of the labor disciplines, rules and regulations,
Party A has the right to criticize Party B or even render disciplinary
punishment, economic punishment or release the contract according to the
relevant rules and regulations.
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4.
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Party
B shall strictly keep confidentiality of Party A’s business and technique
secrets.
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Article
9
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Modification
of this Contract
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(1)
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Party
A adjusts the production (job) tasks due to restructuring or change in the
line of production change in
system;
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(2)
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Party
B fails to perform this Contract caused by bad physical conditions or
other reasons;
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(3)
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The
relevant laws, rules and regulations have been
modified;
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(4)
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The
objective conditions on which the Contract is based have materially
changed to the extent that it is impossible to perform the Contract. In
case the Contract is to be modified, either Party must notify the other
Party in written. The content of this Contract may be modified after
reaching a negotiated consensus between both Parties, and a Labor Contract Modify
Agreement shall be
concluded.
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Article
10
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Termination
of This Contract
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1.
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The
Contract automatically turns invalid upon
expiration;
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2.
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The
Contract may be automatically terminated if the business term expires;
Party A’s business license is revoked; Party A is compelled to close down
or dissolve; or Party A decides to dissolve in advance or is legally
announced to be bankruptcy.
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3.
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The
Contract may be automatically terminated if Party B meets the retirement
age and requirements, or Party B is dead, pronounced dead or pronounced
missing by the people's court.
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4.
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The
Contract may be automatically terminated if other termination situations
stipulated in laws and administrative provisions
occur.
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Article
11
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Renewal
of This Contract
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Article
12
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Cancellation
of This Contract
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1.
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The
Contract may be canceled based on both parties’ mutual
negotiation.
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2.
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The
Contract may be automatically canceled in case any of the following
occurs:
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(1)
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The
resignation of Party B is accepted by Party
A;
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(2)
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Party B is approved
to be transferred；
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(3)
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Party
B is discharged, expelled，dismissed
by Party A;
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3.
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Party
A may cancel the Contract at any time, if Party
B:
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(1)
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is
proved to be unqualified for the position within the
probation;
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(2)
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severely
violates the labor disciplines and
regulations;
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(3)
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seriously
neglects his duty, engages in malpractice for selfish ends or discloses
the trade secrets and brings significant loss to the
Employer;
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(4)
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While
Party B is recruited, he/she intends to pretend something, such as age,
health condition, martial status and the labor relations existed with the
other companies;
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(5)
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During
the period of the Contract, Party B establishes a labor relation with or
forms an actual labor relation with other
companies;
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(6)
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Party
B is held criminally responsible.
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4.
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Party
A may cancel the contract upon 30 days’ prior written notice to Party B,
in case any of the following
occurs:
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(1)
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The
objective conditions on which the contract is based have materially
changed to the extent that it is impossible to perform the contract and
both parties cannot reach an agreement to amend the contract to reflect
the changed conditions;
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(2)
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Party
B, due to sickness or injury inflicted off the job, can not resume his or
her work or do the other job reassigned by Party A after specified period
of medical treatment; or Party B is unqualified to engage in the relevant
vocations, occupations and positions according to the state and city
regulations, and Party A is incapable to arrange another
job;
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(3)
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Party
B is unqualified, even after a training or job position
adjustment;
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5.
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Party
A may cancel this Contract after explaining the situation or consultation
with the trade union or the staff 30 days in advance in case that Party A
is being consolidated in the legal consolidation period on the brink of
bankruptcy or the situation of business is seriously in
trouble.
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6.
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Party
A is not allowed to cancel the Labor Contract if not conforming to 3, 4
hereof in case any of the following
occurs:
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(1)
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Party
B is in a period of medical treatment for sickness or work
injury;
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(2)
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Party
B is ill with occupational disease or injured due to work and is in a
period of medical treatment.
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(3)
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The
female employee is in pregnancy, maternity or
lactation;
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(4)
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Other
situations stipulated in laws and administrative
provisions.
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7.
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Party
B may cancel this Contract at any time, in case any of the following
occurs (unless Party A’s economic losses caused by Party B is
unsettled):
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(1)
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Within
the probation;
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(2)
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Party
A forces Party B to work by violence, threat or illegal limitations of
Party B’s freedom;
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(3)
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Party
A fails to pay Party B’s salary or provide work conditions as stipulated
herein.
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8.
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Party
B shall inform Party A in writing to cancel the Contract 30 days in
advance if not conforming to the above 7, Article 10. Party B shall pay
the economic compensation to Party A for the economic losses caused by
Party B in case this Contract is canceled according to the clauses
herein.
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9.
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If
Party B’s freedom is limited due to suspicion of breaking laws and
committing crimes, Party A may suspend the performance of this Contract,
and stop Party B’s salary. In case that Party B’s freedom is limited by
mistake, Party A shall continue to perform the Contract, and Party B may
claim compensation against the relevant departments for the losses
occurred during the suspension period of the
Contract.
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Article
13
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Other
Issues Agreed by Both Parties
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Article
14
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Labor
Compensation and Liabilities for Breach of
Contract
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1.
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If
Party A ends or terminates this Contract by violating rules and
regulations, it shall pay to Party B the labor compensation pursuant to
the Economic
Compensation for Breach and Termination of Contracts Procedures
issued by the Ministry of
Labor.
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2.
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In
case that Party B ends or terminates this Contract for personal reasons,
Party A may not pay the labor
compensation.
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3.
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Party
A shall pay the labor compensation pursuant to the Law of the People's Republic
of China on Employment Contracts to Party B in case any of the
following occurs:
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(1)
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Where
Party A wrongly deducts or delays payment of wages to Party B without
valid cause;
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(2)
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Where
Party A refuses to pay overtime compensation to Party
B;
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(3)
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Where
wages paid to Party B by Party A is lower than the local minimum wage
standard;
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(4)
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Where
Party A violates the provisions to terminate the Labor Contract and does
not pay Party B concerned economic compensation in accordance with the
relevant provisions;
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(5)
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Where Party A
encroaches upon the legitimate rights and interests of female and juvenile
workers in violation of the state stipulations on their protection,；
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(6)
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Where
Party A causes damages to Party B by revoking the Labor Contracts in
violation of the conditions specified in the relevant laws and
regulations;
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4.
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Party
B, who revokes the Labor Contracts in violation of the conditions
specified in the relevant laws and regulations or violates terms on
secret-keeping matters agreed upon the Labor Contracts and thus caused
economic losses to Party A, shall be liable for compensation in accordance
with the law.
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(1)
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If
Party B wants to revoke this Contract for personal reasons, Party B shall
compensate Party A for the training cost (including training expense,
training expense for participation of major projects) provided by Party A
during the period of Contract, and the direct economic losses to the
production, operation and work of Party A caused by Party B, and return
all the technique documents, drawings, tools to Party A during the period
of Contract.
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(2)
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If
Party B leaves the job without permission during the period of Contract,
or revokes the Labor Contract in violation of the conditions specified in
the
Labor Law of the People's Republic of China and this Contract,
Party A may terminate the Labor Contract. Party B shall compensate Party A
for the training cost (including training expense, training expense for
participation of major projects) provided by Party A during the period of
Contract, and the direct economic losses to the production, operation and
work of Party A caused by Party B, and return all the technique documents,
drawings, tools to Party A during the period of Contract and to compensate
Party A for the breach of the contract
simultaneously.
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(3)
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To
ensure the normal operation of Party A’s projects listed in the local
government major projects, Party B shall not terminate this Contract or
engage in similar work with such projects in other organizations,
companies other than Party A during the preparation process and for three
years after going into production once Party B participate in such
projects. Party A will pursue Party B’s economic responsibilities in
accordance with the law if any economic losses caused by Party B’s
disclosure of Party A’s trade secrets, technique secrets or
patent.
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Article
15
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Labor
Dispute Resolutions
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