ReneSola Ltd Employment Contract Jiashan·China
Exhibit
4.8
Jiashan·China
2009
Whereas:
ReneSola
Ltd intends to recruit ▇▇▇▇ ▇▇▇▇▇▇ as
employee. Party A and Part B, after friendly consultation and on the principle
of equality and mutual benefit, have concluded the following
contract.
This
Contract is made and entered into on November 17th, 2008
by and between both Parties according to the relevant laws and regulations of
People’s Republic of China (hereafter referred to as “China” or “State”, but not
including Hong Kong, Macao and Taiwan) in Jiashan County, Jiaxing City, Zhejiang
Province, China.
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Party
A:
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ReneSola
Ltd (“Company”)
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Address:
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Craigmuir
▇▇▇▇▇▇▇▇ P. O. Box 71, Road Town Tortola, British Virgin
Islands
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CEO:
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Li
Xianshou
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Part
B:
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▇▇▇▇
▇▇▇▇▇▇
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Nationality:
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USA
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ID
Card No:
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028048881
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Education:
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Doctor’s
Degree
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Legal
Address:
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Article
1
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Term
of the Contract
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The term
of this Contract is from November 17th, 2008
to
November 16th, 2011 ,
including the probation period from
/ to
/ .
If any of the Parties doesn’t want to renew this Contract, he or she should
provide notice to other party in writing one (1) month in advance before the
expiration of this Contract.
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Article
2
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Recruitment
Conditions for Employment
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During
the probation period above, Party A will evaluate Party B’s performance in
accordance with the following standards. After completion of the probation
period, if Party B passes the evaluation, he/she will become formal employee of
Party A:
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1.
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Party
B shall comply with all applicable laws and regulations and all Party A’s
internal working rules, and maintain Party A’s best interests and
reputation. Party B shall also try his/her to accept the working
designation, protect Party A’s confidential information and protect Party
A’s equipment and materials.
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2.
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Party
B shall devote him/herself to work and have the professional knowledge,
ability, business management and organization ability and enterprising and
pragmatic spirit. He/she shall try his/her best to complete all the
tasks.
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3.
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Party
B shall disclose necessary personal information to Party A truthfully,
including without limitation, health condition, disease history, identity,
education background and work experience. Party B shall have necessary
physical and other condition for his/her
work.
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Article
3
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Position
and Location
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3.1
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Party
B will be employed in the position of Manufacturing Vice President. During
the term of this Contract, Party B shall not engage in any part-time job,
directly or indirectly taking part in commercial competition activities
similar to the business activities which Party A engages or to engage in,
including but not limited to being employed by a company which competes
with Party A, engaging in competitive consulting or other business
activities, or providing technical information, technical parameters and
trade secrets etc to a company which competes with Party
A.
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3.2
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Party
B is expected to work at Zhejiang Jiashan. After the signing of this
Contract, Party A will dispatch Party B to work in Party A or subordinate
companies of Party A by means of dispatching letter. As requested by Party
A or according to the ability and performance of Party B, Party B agrees
that Party A may from time to time, adjust the work position, contents,
place, salary and/or other related matters of Party B under this
Contract.
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3.3
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Party
B’s working contents and responsibility, including without limitation, the
authorization, contents, procedures and methods of work shall be according
to Party A’s Duty Statement. Before receiving such Duty Statement, Party B
shall comply with the requirements of Party A’s
functionary.
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3.4
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Party
B shall fulfill the assigned work and meet reasonable requirements on
quality, quantity and time limit. Party A shall be entitled to assign
Party B to tackle with one or more temporary jobs during working time.
Party B shall accept and fulfill the assigned jobs to the best of his/her
abilities or exceeding the expected commercial
purpose.
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Article
4
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Employee
Protection and Work Condition
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4.1
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Party
A shall provide suitable work condition and circumstance, and ensure that
Party B’s personal safety and health will not suffer serious
harm.
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4.2
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Party
B shall be entitled to enjoy necessary employee protection articles
and/or health care allowance in accordance with the work
condition. Party B shall comply with Party A’s internal rules regarding
work safety.
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4.3
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The
occupational illness and its consequences, occupational illness protective
measures and remuneration involved in the manufacturing activities which
Party A engages have been stipulated in Party A’s labor protection
management and other internal documents. Party B shall read all the
above-mentioned documents carefully and have the right to refer to the
documents. After both parties sign this Contract, Party A shall be
considered to have fulfilled the informing obligation regardless whether
Party B has referred to the relevant
documents.
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4.4
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If
Party A’s occupational illness protective measures cannot meet the
requirements of relevant laws and regulations, Party B shall report timely
to relevant authority or Party A’s labor union. Party B shall wear or use
the protective equipments or facilities provided by Party A as
required.
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Article
5
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Working
Time and Vacation
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5.1
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Party
A shall comply with statutory working time requirements. Party A shall
clarify the details by preparing internal rules in accordance with the
actual condition. Regarding the managements, senior officials, drivers,
dustmen or others who enjoy the variable working time, Party B may arrange
their working time in accordance with the related laws and
regulations.
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5.2
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Party B shall be
entitled to enjoy the public holiday and other legal leaves with pay, such
as wedding leave, maternity leave, funeral leave, sick leave, go-home
leave and family-planning leave.
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5.3
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Paid leave shall be enjoyed by
Party B in accordance with relevant laws, regulations and rules.
Party B shall use such annual leave for at least one (1) day every
time, and shall notify Party A one (1) month in prior if he/she intends to
use such annual leave for at least five (5) consecutive days. Party A will
arrange the annual leave according to work plan. The annual leave can not
be reserved to the next year. The other regulations related to paid leave
shall be in accordance with regulations made by Party
A.
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Article
6
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Overtime
Work and Business Trip
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6.1
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Party
A or Subordinate enterprises of Part A shall require Party B to do
overtime work for reasonable requirements of work. Except urgent matters
or physical discomfort, Party B shall do his/her best to comply with such
arrangement.
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6.2
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Party
A shall compensate Party B in the case that Party B is requested to do
overtime work in the methods of overtime payment or additional rest in
accordance with the applicable laws, regulations. However, the employees
who apply variable working time shall not be entitled to enjoy such
overtime payment or additional rest. The concrete methods shall be in
accordance with the relevant laws and
regulations.
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6.3
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Party
A may be entitled to require Party B to conduct business trip to other
place in the country and/or abroad at any time. Except urgent matters or
physical discomfort, Party B shall do his/her best to comply with such
arrangement.
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Article
7
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Salary
and Social Insurance
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7.1
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For
Party B, Party A is using the salary system of: a) annual salary system:
Party B’s salary, bonus and other welfares shall refer to “Zhejiang Yuhui
Solar Energy Source Ltd Offer Letter” signed by both partiesParty
B shall enjoy non-taxable benefits according to PRC laws and the
“Reimbursement Policy on Non-taxable Benefits for foreigner employees” of
Zhejiang Yuhui Solar Energy Source
Ltd.
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7.2
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Party
A shall pay all the salary on the twenty-fifth day of every month. If
Party A has to delay the payment of such salary for any reason, it shall
notify Party B two (2) days in prior. The delay shall not be more than
thirty (15) days in any case.
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7.3
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Party
A shall pay other expenses which Party B shall bear for working in China
according to applicable laws and regulations of PRC. Party A shall be
entitled to withdraw, from Party B’s salary, the taxes (such as income tax
and local tax) and other charges which Party B shall bear. Such charges
shall include without limitation, all the charges contained in the
judgment of court or the award of arbitration which shall be withdrawn
from Party B’s salary by Party A; all the compensation which shall be paid
by Party B to Party A in accordance with the provisions of this Contract
or other legal decision; and all other fees or expenses which shall be
withdrawn from Party B’s salary by Party A under the applicable laws and
regulations of PRC.
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7.4
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Party
A’s salary system is confidential. All the information relating to the
salary, including without limitation the amounts, calculation, payment
schedule and methods are also confidential, which Party B shall not
disclose to any third party in any way without Party A’s prior written
permit.
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7.5
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The
salary payment method shall be as follows: Party A transfers the amount to
the account opened in the name of Party B in the same bank as Party
A.
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Article
8
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Labor
Disciplines
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8.1
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Party
B shall comply with all applicable laws and
regulations.
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8.2
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Party
B shall read, fully understand and comply with the Employee Manual and
other work rules, work procedures and confidentiality requirements of
Party A.
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8.3
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Party
B shall not use any facilities of Party A to do anything harmful to Party
A, including without limitation, searching or spreading anything against
relevant laws, regulations and Party A’s reputation. During the working
time, Party B shall also not search, send, release, spread anything or do
any other things not relating to work through computers, telephones or
other facilities.
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8.4
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Party
A shall have right to inspect, guide and examine the performance of Party
B. If Party B disobeys the labor disciplines, Party A shall have right to
impose punishment on Party B according to applicable laws and regulations
or terminate this Contract
unilaterally.
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8.5
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In
Party A’s previous cases, when an operational personnel accepts a bribe
worth RMB1000, Party A will lose at least RMB10000. Therefore Party B
shall guarantee that he/she and his/her relatives will not engage in any
of the following activities: 1) Party A or his/her relative holds shares
or part of share rights and interests in any enterprise which is handled
by Party B and has business relationships with Party A and/or affiliated
companies (“Affiliated Companies” refer to any enterprises or other
entities which directly or indirectly control or are controlled by one
party. “Control” means holding 50% or above of the registered capital
and/or capital, and/or shares. Affiliated enterprises will be referred to
hereafter as “Affiliated enterprises” with share rights or part of the
share interests (including but without limitation to stock appreciation
right). 2) Party B or any of his/her relatives works for affiliated
enterprises; 3) Party B or any of his/her relatives engages in any
commercial bribe or corruption, including without limitation, accepting
any kind of undisclosed commission, gifts (including but not limited to
cash, card, shares, expensive goods), feast or other benefits from any
practical or potential customer, supplier, service provider, agent of
Party A or other entity which has business relationship with Party A
(unless obtaining Party A’s prior permit or reporting to Party A according
to its internal rules). Party A shall have right to check any potential
shadiness with Party B in this regard. Party B shall explain the matter in
detail as requested by Party A and provide supporting evidence. At Party
A’s sole discretion, Part may request Party B to obviate the potential
problems (including pause or terminate the relevant business). If it is
confirmed that Party B has engaged in any commercial bribe or corruption,
it shall be deemed that Party B has materially breached the labor
disciplines. Party A shall have right to terminate this Contract
immediately and according to Party A’s working rules and claim for loss or
damage at the ratio mentioned above against Party A and shall have right
to record such matter in Party B’s personal files or disclose such
information to any third
party.
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8.6
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Party
B shall not engage in any business activity which violates any applicable
law or regulation of the PRC, including without limitation, violating the
administrative rules of customs and/or conduct fraud reporting in respect
of transaction information, or violating financial or foreign exchange
administrative rules. Should Party A bear any liability or loss or damage,
Party B shall be liable to make full compensation and it shall be deemed
that Party B has materially breached the labor disciplines. Party A shall
have right to terminate this Contract immediately in accordance with this
Contract and Party A’s working rules and regulations and claim for loss or
damage against Party A and shall have right to record such matter in Party
B’s personal files or disclose such information to any third
party.
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8.7
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The
purchase and sale price of Party A’s products shall be in accordance with
the guiding price determined by Party A. As operational personnel, Party B
shall seek best price during his/her daily work. Party A shall have right
to deal with any negative activity of Party B in accordance with the
internal administrative rules. Should Party B have caused damage to Party
A for several times, it shall be deemed that Party B has materially
breached the labor disciplines. Party A shall have right to terminate this
Contract immediately and claim for loss or damage against Party A and
shall have right to record such matter in Party B’s personal files or
disclose such information to any third
party.
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8.8
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As
a purchaser, Party B shall exert his/her ability to cut down the prices to
seek the best price in equal condition with similar function when
purchasing materials, equipments, spare parts or services. Party A shall
have complete faith in Party B but shall also have the right to audit and
inspect Party B’s work. If Party A manages to get a quotation at least 10%
lower than the purchase price of the products/service (not limited to the
products with same pattern or similar services) with the similar function
in the equal condition from the third party in three months since the
signing of the purchase contract by Party B, it shall be deemed that Party
B has failed to performance the duty responsibly and neglected his/her
duty. Should Party B have caused Party A to overpay (the amount referred
to as “difference” hereafter, is the difference between the aggregate
value of the price provided by the third party and the aggregate value of
the quotation of the signatories) more than ten thousand yuan due to
dereliction of duty several times, it shall be deemed that Party B has
seriously neglected his/her duty. Party B shall pay the actual loss which
Party A suffers (the difference which has already been paid to other
parties by Party A). If it is discovered by relevant departments of Party
A during the contract review period that the difference of a single
contract exceeds twenty thousand yuan plus or the year-to-date difference
amounts to fifty thousand yuan plus, it shall be deemed that Party B has
seriously neglected his/her duty. Party B shall pay 20% of the difference
to compensate the expenses paid by Party A during the review. The review,
verification, examination and approval of the practice of Party B and
relevant contracts, agreements and quotation, technical documents by the
Financial Department, Internal Control Department, Legal Department and
General Manager of Party A shall not be considered as the exemption of the
responsibilities and obligations of Party B in seeking best price and
shopping around or of the application of this
Article.
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Article
9
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Should
any one of the following situations occurs, Party A shall have right to
terminate this Contract:
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9.1
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Party
B fails to satisfy the recruitment conditions during the probation
period;
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9.2
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Party
B seriously breaches Party A’s labor disciplines or internal
administrative rules;
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9.3
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Party
B is seriously negligent in the performance of his/her duties, of jobbery
or corruption causing great damages to Party
A;
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9.4
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Party
B is accused of criminal offence or sentenced to rehabilitate through
labour
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9.5
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Party
B establishes labor relations with other economic organizations and
refuses to make corrections
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| 9.6 | Party B’s resume, certificate or other labor relationship evidence is seriously untrue; |
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Article
10
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Should
any one of the following situations occurs, Party A shall have right to
early terminate this Contract by giving written notice to Party B 30 days
in prior or pay additional one month salary to Party
B:
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10.1
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Party
B suffers from an illness or non-job related injury and cannot perform
his/her duties under this Contract or arranged by Party A otherwise after
statutory period of medical
treatment;
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10.2
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Party
B is incompetent to do the job under this Contract and is still
incompetent to do it after training or a transfer of
position;
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10.3
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A
major change arises in the objective circumstances based on which this
Contract was concluded, and cause such Contract impossible to be
continued, and no agreement is reached on the amendment of such Contract
following negotiations by
Parties.
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Article
11
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This
Contract shall be terminated,
if:
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11.1
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This
Contract is expired and there’s no renewal of the Contract by both
parties;
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11.2
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The
termination conditions agreed by both Parties under this Contract arise,
including without limitation, as operational personnel, Party B has not
met the business requirements which has been confirmed by Party B for
three (3) consecutive months;
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11.3
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Party
B starts to enjoy basic endowment insurance according to
law;
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11.4
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Party
B is dead or declared dead or disappearing by People’s
Court;
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11.5
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Party
A is declared bankrupt according to
law;
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11.6
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Party
A is revoked of the business license, ordered close, revocation or decides
an early dissolution;
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11.7
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Other
circumstances stipulated by applicable laws, administrative rules and
regulations.
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Article
12
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Matters
relating to the termination of this
Contract
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12.1
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This
Contract may be early terminated as agreed by both
parties.
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12.2
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If
Party B intends to resign his/her position, he/she shall notify Party A in
writing thirty (30) days in prior and hand over the work to the personnel
designated by Party A. Party B shall have the right to terminate this
Contract by notifying Party A three days in prior during probation
period.
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12.3
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Should
any of the circumstances related to termination of this contract occur,
Party A shall compensate Party B according to the specific circumstances
and PRC laws and Party A’s internal administrative
rules.
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Article
13
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Remarkable
Matters when Resignation
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13.1
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If
Party B intends to resign his/her position, he/she shall notify Party A in
writing one (1) month in
prior.
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13.2
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If
Party A has provided to Party B on-job training and paid the relevant
fees and expenses (including tuition fees,
material expenses, travelling expenses and living costs, etc.), and at the
same time Party B is dismissed by Party A due to circumstances stipulated
in Article 9 or Party B quits or resigns on his/her own, he/she shall pay
liquidated damages to Party A. The amount of compensation shall be
calculated in accordance with valid bills, invoices or other documents
provided by Party A.
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13.3
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Before
Party B’s dismissal or resignation or the termination of this Contract,
Party B shall assist Party A to finish the necessary matters, such as
takeover of job, return of materials, statement of working performance.
Party B shall not disclose any of Party A’s confidential information.
Party B shall also not engage in by him/herself, or be employed by any
entity which engages in, any business competitive to that of Party A after
his/her dismissal or resignation or the termination of this Contract.
Parties shall enter into a separate Non-disclosure and Non-competition
Contract to clarify the respective rights and
obligations.
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13.4
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Before
signing the formal “Non-disclosure and Non-competition Contract”, Party B
undertakes that without Party A’s written pemittion, he/she will not
disclose or make use of any of Party A’s undeclared information, including
without limitation, business correspondences, operation, personnel,
technical information, business plan, personnel information, financial
informations, know-hows, technics, procudures which was acquired by Party
B from Party A or during Party B’s working period. The undeclared
information includes the informtation which is specifically defined
confidential by Party A or judged by Party B to be confidential
(regardless that Party B acquires the information from third Party, Party
B shall not disclose or make use of the above-mentioned information on
which there’s evidence that it comes from Party A). Party B shall not
directly or indirectly take part in commercial competition activities
similar to the business activities which Party A engages or to engage in,
including but not limited to being employed by a company which competes
with Party A, engaging in competitive consulting or other business
activities. Otherwise, Party A shall have the right to demand liquidated
damages from Party B. In case the liquidated damages are insufficient to
cover the loss, Party B shall fully compensate for the
loss.
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As of the
consideration for Party B’s non-competition obligation during the period of two
years after his/her dismissal or resignation or the termination of this
Contract, Party B agrees to compensate Party A according to relevent
regulations. Both parties agree that the total amount of compensation equals to
Party B’s one year total amount of basic wages, in other words, monthly basic
wage multiplied by 12 months and be equally granted by Party A since the date of
the termination or dissolution of this Contract. The compensation shall be
transferred to Party B’s salary account on Party A’s wage payment day with the
granting term of 24 months. In case Party B changes the account, he/she should
give Party A a written notice timely. If the compensation payment is rejected
due to Party B’s failure in informing Party A in time, Party A shall have the
right to deposit the compensation amount and be deemed to have paid the
compensation on time. However, Party B shall continue to fulfill the
non-competition obligation. The total amount of the compensation shall be all of
the compensation Party B enjoys for bearing the non-competition obligation under
this Contract. Party A needs not to do any other extra compensation. Regardless
of the above, Party A shall have the right to unilaterally terminate the
non-competition obligation agreement. The termination shall be valid only with
Party A’s written notice to Party B.
Party B
shall faithfully reports to Party A of the recent whereabouts, residential
address, working condition and contact information before the 5th day of
each quarter so that Party A shall be able to inspect Party B’s fulfillment
condition of the non-competition obligation. If Party B fails to report timely,
it shall be deemed that he/she has violated the non-competition obligation.
Party A shall have the right to stop the granting of the compensation and ask
Party A to shoulder relevant legal responsibilities.
Besides,
if Party B disclose the confiential information acquired from Party A to third
party, Party A shall have the right to disclose the fact to the third party and
ask the third party to cooperate in seeking legal actions against Party B or
undertake the joint responsibility with Party B.
It shall
be decided by Party A according to the position of Party A on whether Article
13.4 shall apply to Party B. If Party A informs Party B with a written notice
that Party B shall observe the agreements stipulated in Article 13.4 before the
dismissal of Party B or 30 days after Party B’s dismissal, Party B shall comply
with this article and Party A shall pay the compensation on time.
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13.5
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In
any case, Party B shall return all Party A’s properties which was acquired
by Party B during the term of this Contract and based on the status of an
employee, including without limitation, business correspondences, business
cards of clients, technical materials, financial records and other
documents with originals, copies or duplicates after the termination of
this Contract. Party A will pay the relevant salary, allowance or
compensation and handle the relevant termination procedures when Party B
finishes the above-mentioned matters. Otherwise, Party B shall bear all
liability or damage caused by any
delay.
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Article
14
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On-job
Works
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14.1
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Both
Parties agree that, during the working period, the titles to all the
research, development, invention and design (hereinafter referred to as
“On-job Works”), which are acquired or conceived by mainly using the
materials and technical resources of Party A or for Party B’s own jobs,
shall be owned by Party A. Party A shall be entitled to use or transfer
Party B’s On-job Works freely without Party B’s permit. Party B shall
provide all necessary information or assistance as requested by Party A
during application, registration and filing procedures to assist Party A
to acquire and enjoy the relevant intellectual
properties.
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14.2
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Party
B shall be entitled to enjoyed immaterial rights including authorship as
inventor, creator, designer or developer regarding aforesaid On-job Work,
except which can be enjoyed by Party A. Party A shall respect Party B and
assist him/her to enjoy such
rights.
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14.3
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Party
B shall declare immediately to Party A any intents that he/she claims any
intellectual properties contained in the works which shall not be deemed
as On-job Works during the working period. Party B may enjoy the relevant
intellectual properties after Party A’s verification. Otherwise, Party B
shall not use or transfer them to any third party without Party A’s prior
approval.
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14.4
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If
Party B develops certain works during the working period but does not
declare to Party A, such works shall be deemed as the On-job Works. Party
A shall be entitled to use or transfer such works to third party freely.
If such works are proved not to be the On-job Works finally, Party B shall
not claim any compensation against Party A. If Party A disagrees to Party
B’s declaration, both Parties may resolve the dispute through negotiation
or arbitration.
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14.5
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Upon
the execution of this Contract, Party B shall disclose all patents,
copyrights, know-how and/or other confidential information owned by
him/her. Party B hereby represents and warrants that, during the working
period, he/she would not use without permit any confidential information
owned by other parties or do anything harmful to Party A or any
intellectual properties owned by other
parties.
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Article
15
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Liability
for Breach of this Contract
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15.1
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In
case that a Party breaches this Contract and causes the damage to the
other Party, it shall compensate the other Party for losses and damages,
and the compensation shall be calculated according to the actual losses
and damages of such Party.
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15.2
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If
this Contract is dismissed due to Party B’s breaking of PRC’s laws and
regulations and results in causing damages to Party A, Party B shall be
obliged to make indemnity to Party A based on the actual loss of Party
A.
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15.3
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If
Party B’s breach of this Contract cause further loss or damage of Party A,
Party A shall be entitled to claim further compensation against Party B in
accordance with the actual results or
responsibilities.
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15.4
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If
Party B causes damages to Party A in performing his/her duty due to
his/her negligence, guilt, deceit behaviors, Party B shall be responsible
to compensate Party A.
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15.5
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If
Party B breaches the obligations of non-competition or confidential
obligations under this Contract, he/she shall be charges 5 times of the
compensation once confirmed by Party A. If the liquidated damages cannot
recover the actual loss of Party A, Party B shall make compensations to
Party B. If there are relevant stipulations under the Non-disclosure and
Non-competition agreement, then the latter shall
prevail.
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15.6
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If
Party B has made or entered into any other contract or agreement with
Party A, he/she shall also perform the
obligations.
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Article
16
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Labor
Dispute Resolution
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A Party
or Both Parties may bring a lawsuit before the competent court located in the
place where the Contract is signed regarding the matters of dismissal, removal,
expulsion of Party B.
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Article
17
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Miscellaneous
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17.1
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This
Contract is made in duplicate, each of which shall be held by Party A and
Party B, respectively, and of the same validity after execution
by both Parties.
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17.2
|
No
modification or amendment of this Contract shall be effective or
enforceable unless it is in writing and duly executed by both
Parties.
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17.3
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Party
B hereby represents and warranties that, he/she may execute and perform
this Contract legally and the execution or performance of this Contract
does and will not result in any breach of any contract, agreement and any
other rule or document of any company or other business entity by which
Party B is bound.
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17.4
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If
any provision under this Contract is in discrepancy with applicable laws
or regulations, the applicable laws and regulations shall prevail. Any
other matters not provided in this Contract shall be dealt with according
to applicable laws, regulations, decrees or any other additional contracts
agreed by both Parties hereunder.
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17.5
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The
application, implementation and explanation of this Contract shall be
governed by PRC Law. Both parties agree: 1) The law of any other country,
district or jurisdiction shall not have jurisdiction over this Contract;
2) neither party is entitled to bring a lawsuit or arbitration against the
other party according to the law or in any other country, district or
jurisdiction.
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[No Text
Below]
[Signature
Page]
Party A:
ReneSola Ltd
Authorized
representative: Li Xianshou
Signature:
/s/ Li Xianshou
Title:
CEO
Party B:
/s/▇▇▇▇▇▇ ▇▇▇▇