EXHIBIT 10.5
EMPLOYMENT AGREEMENT
PARTY A: Shaanxi New Taohuayuan Culture Tourism Co., Ltd.
PARTY B: Cai Danmei
PRINTED BY: Xi'an Labor and Social Security Bureau
PARTY A (EMPLOYER)
Name: Shaanxi New Taohuayuan Culture Tourism Co., Ltd.
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Economic Nature: The company is a perpetually existing stockholding limited
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company.
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Domicile: Xx. 0 Xxxxxxxx Xxxx, Xxxxxxx Tourism Development Zone, Xi'an City,
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Shaanxi Province.
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PARTY B (EMPLOYEE)
Name: Cai Danmei
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Sex: Female
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Address: Xx.00, Xxxxxxxx, Xxxx Xx Xxxx Xxxxxx Xxxxxxxx, Xx'xx Xxxx.
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Telephone number: 00000000000
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Number of ID card: 610103601228282
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Date of Birth: Dec 28, 1960
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In accordance with Labor Law of PRC and other related laws, regulations,
rules and policies, both parties, on the principle of free will and equality,
arrived at a consensus after consultation and signed the contract in order to
observe the articles hereinafter together.
ARTICLE 1. DURATION OF CONTRACT AND PROBATIONARY PERIOD
(1) Both parties choose (c) as the designated duration of this contract:
(a) Fixed terms, ___ years, commencing on ___________, 20__, and
terminating on _____________, 20__.
(b) Flexible terms, commencing on _____________, 20__.
(c) Commencing on May 3, 2004, and terminating on May 3, 2007
(till the work is completed).
(2) The period on probation is 0 months, commencing on _____________,
20__, and terminating on _____________, 20__.
2. Work post and type of work (in production)
(1) Party A, in accordance with the demand of work or production,
engages Party B to serve as the post of CEO, not belonging to a poisonous and
harmful post.
(2) Party B, in line with Party A's demand, shall complete the work and
meet the work standard.
(3) While Party B is fit for the work or the post, or not competent for
the work, Party A may train Party B or change Party B's work post or type of
work.
3. WORKING TIME
(1) IN LINE WITH THE PARTY B'S WORK POST, THE (3) WORKING TIME SYSTEM
HEREINAFTER IS FOLLOWED.
(a) STANDARD WORKING SYSTEM;
(b) FLEXIBLE WORKING SYSTEM;
(c) COMPREHENSIVE WORKING SYSTEM.
(2) THE DAILY WORKING TIME OF STANDARD WORKING SYSTEM IS NOT MORE
THAN 8 HOURS WITH THE TOTAL WORKING TIME IN A WEEK NOT MORE THAN 40 HOURS ON
AVERAGE.
(3) PARTY A, IN LINE WITH ITS DEMAND OF PRODUCTION AND OPERATION, MAY
PROLONG THE WORKING TIME AFTER THE CONSULTATION WITH THE WORKERS' UNION AND
PARTY B, WHEREAS THE WORKING TIME SHALL NOT BE MORE THAN 1 HOUR; WHEN THERE IS A
SPECIAL OCCASION THAT PROLONGING THE WORKING TIME IS NEEDED, THE PROLONGED
WORKING PERIOD SHALL NOT BE MORE THAN 3 HOURS PER DAY AND NOT MORE THAN 36 HOURS
PER MONTH IN TOTAL ON TERMS THAT MAY ENSURE PARTY B'S HEALTH.
(4) PARTY A, IN LINE WITH THE DEMAND OF WORK, HAS THE POWER TO ARRANGE
PARTY B'S WORKING SHIFT AND HOLIDAYS IN A REASONABLE WAY.
4. COMPENSATION
(1) PARTY A IMPLEMENT THE ANNUAL SALARY SYSTEM, THE ANNUAL PAY OF PARTY
B IS "37,000 RMB YUAN" = USD4,498.00.
THE PAY WILL BE DISTRIBUTED ON THE 15TH DAY OF EVERY MONTH AND IT WILL BE
DISTRIBUTED TO PARTY B IN FULL AMOUNT AND CANNOT BE POCKETED AND IN ARREARS
WITHOUT REASON.
(2) PARTY B'S PAY RISES WITH THE REMUNERATION INSTITUTION AND STANDARD
OF PARTY A'S, AND THE PAY GRANTED BY PARTY A SHALL NOT BE LESS THAN THE MINIMUM
LOCAL REMUNERATION STANDARD IN LEGAL WORKING HOURS.
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(3) REMUNERATION FOR WORKING EXTRA SHIFTS OR EXTRA HOURS IS TO BE
IMPLEMENTED ACCORDING TO THE PERTINENT REGULATIONS OF STATE.
(4) PARTY B ENJOYS THE PAY GRANTED BY PARTY A WHEN IN LEGAL HOLIDAYS,
WEDDING VACATION, BEREAVEMENT LEAVE AND PARTICIPATING IN SOCIAL ACTIVITIES.
5. LABOR CONDITIONS AND PROTECTION
(1) PARTY A IS TO PROVIDE VARIOUS KINDS OF WORKING PLACES AND
INSTRUMENTS MET THE NATIONAL LABOR SAFETY AND HYGIENE STANDARDS ANDRULES FOR
PARTY B.
(2) PARTY A IS TO PROVIDE ESSENTIAL WORK PROTECTION ARTICLES AND HEALTH
CARE TREATMENT AND WORKING CONDITIONS MET THE NATIONAL WORK SECURITY AND
SANITARY STANDARDS FOR PARTY B.
(3) PARTY A IS TO IMPLEMENT THE NATIONAL LAWS AND REGULATIONS REGARDING
LABOR PROTECTION STRICTLY AND CARRY ON HEALTH EXAMINATION FOR PARTY B WHO IS
ENGAGED IN DANGEROUS JOBS REGULARLY TO ENSURE THE LIFE SECURITY AND HEALTH OF
HER/HIM IN THE COURSE OF WORKING.
6. SOCIAL INSURANCE AND WELFARE
(1) Party A is to be in line with "Labor law of the People's Republic of
China "and the national or local relevant regulations and handle the social
insurances such as endowment insurance, unemployment insurance and medical
insurance, industrial injury insurance, begetting insurance, etc. for Party B.
Both parties are to pay the social insurance premium according to the
regulation.
(2) The treatment for employee's disability and occupational diseases
caused by the injury in the process of working or other diseases, and injury not
for the employer's interest, female employee's begetting treatment, and the home
leave, wedding and bereavement leave are to be carried out in line with the
national pertinent regulations.
(3) Party B enjoys the legal festivals or holidays, weekends, wedding
and bereavement leave, female employee's maternity leave, etc. If Party B works
for more than one year in succession, who is to enjoy annual leave with pay.
7. LABOR DISCIPLINE
(1) Party B shall observe rules and regulations made by Party through
democratic procedure in line with the laws and regulations of the state;
(2) Party B shall strictly observe Party A's operational procedure and
safety regulations;
(3) Party B shall cherish the property of Party A and safeguard Party
A's trade secret.
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8. THE ALTERATION, CANCELLATION AND RENEWAL OF CONTRACT
(1) Both parties may require the alteration of the contents of the
contract, but the alteration of the contract will come into force after both
parties have consulted and agreed with each other.
(2) Within the indentured period, the labor contract can be cancelled
after the both parties arrive at a consensus.
(3) Party A may cancel the contract in the following situations, if
Party B:
(a) is proved to be not qualified for employment premises on
probation;
(b) violates labor disciplines or Party A's rules and regulations
seriously;
(c) neglects his or her duty seriously and engages in malpractices
for selfish ends, which have caused great harm to Party A's
interests;
(d) ascertains criminal responsibility in accordance with the law.
(4) Party A may cancel the contract but shall notify Party B in written
form 30 days ahead of time in the following situations:
(a) While Party B is ill or is injured not-for-work, after his or
her medical treatment expires, if he or she still can not
engage in the original work and other work assigned by Party A
as well;
(b) Party B is not competent for the post, and is still not
competent for the work through training or alteration of work;
(c) The objective situations based on conclusion of the said
contract have materially altered, which cause the contract
unable to be fulfilled, after both parties consultation, the
said two still can not reach an agreement on altering the
contract;
(d) Party A may reduce the staff ,while moving the sites of the
factory for preventing and curing the industrial pollution
sources, or being carried on legal rectification on the edge
of bankruptcy, or undergoing serious management difficulties,
or in line with "the regulations of enterprise's economic
layoffs "and other relevant regulations.
(5) If Party A cancel the said labor contract according to this Article
section 2, section 4, it shall offer economic compensation to Party B in
accordance with relevant state regulations. In addition, while the contract is
cancelled in accordance with the item 4 of section 4 of the contract, if Party
employs personnel within six months, it should give preference to Party B.
(6) In one of the following situations, Party A may not cancel the labor
contract according to the 4th section of this article, if Party B:
(a) suffers from the occupational disease, being injured for work
and confirmed losing labor capacity partly or wholly;
(b) is diseased or injured nor for work and in stipulated medical
treatment period;
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(c) is in pregnancy period, childbirth period and nursing period
if she is a female employee;
(d) Other situations that laws, administrative statutes have
stipulated.
(7) If Party B cancels the labor contract, he or she shall notify Party
A in written form 30 days ahead of time. If Party B has caused damages to Party
A, which has not been resolved yet, or is under investigation for other
problems, he or she can'not cancel the contract.
(8) Party B can tell Party A to cancel the labor contract at any time if
there exists the following situations:
(a) Within probationary period;
(b) Party A forced Party B to work with violence, threatening
means or limiting his or her freedom illegally;
(c) Party A has not paid Party B's remuneration or offered labor
condition in accordance with the said labor contract.
(9) The contract terminates at once while its duration expires. If both
parties agree to renew the contract, it shall notify the other party and renew
the contract before the labor contract expires.
(10) This contract terminates at once while Party B is dead or reaches
retirement, resignation from office conditions ruled by legal provisions, and
the agreed terminating terms in the contract appear.
(11) After the cancellation and rescission of the contract, both parties
shall fulfill the formalities of leaving office and transferring of personal
file and other relevant formalities within 7 days.
9. LIABILITY FOR BREACH OF CONTRACT
(1) The party with fault assumes the liability for breach of contract
for the failure or incomplete fulfillment of the contract arising from the
faults of any party; If the fault belongs to the both parties', each party is to
assume the respective liabilities for breach of contract eparately according to
the actual conditions.
(2) If one party violates the contract articles and does harm to the
other, one shall pay the damages to the other according to the consequence and
responsibility of the failure of contract.
(3) Party A shall assume the compensation responsibility in accordance
with the law in the following situations:
(a) The rules and regulations that Party A made has violated the
laws and regulations, and caused damages to Party B;
(b) Party A pockets or is in arrears with the salary without
reason, refuses to pay for work extra shifts or hours,
distributes the pay under the minimum criterion and does not
pay the economic compensation that shall be paid
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after the cancellation of the contract and other situations
which cause economic damages to Party B;
(c) Party A violates the labor protection regulations regarding
the female employees and teenage workers, which have harm the
interest of Party B.
(4) Party B shall bear the compensation responsibility in the following
situations:
(a) Party A has the right to collect recruitment fee, training
expenses and the other economic losses arising from Party B's
breach of contract, while Party B is trained with the funds by
Party A or employed by Party A and then Party B cancels the
contract without good reason.
(b) Party B does not to fulfill the contract, which causes direct
economic losses to Party A 's production, management and work.
(c) Party B causes direct economic losses to Party A for violating
the secret items of the agreement.
10. DISPUTE SETTLEMENT
After there is a labor dispute, it may be resolve through the two parties'
consultation or both parties can apply mediation to Labor Dispute Mediation
Committees (group) of Party A or apply arbitration to Labor Dispute Arbitration
Commission directly too. Application for arbitration shall be proposed in
written form in 60 days from the day of the labor dispute.
11. The other clauses need to be ascertained or the above-mentioned clauses
both parties think that need to be altered or need to be consulted are as
follows:
12. While unaccomplished matters in this contract or contract terms are
contradictory to the current labor laws and regulations, the current labor laws
and regulations will be abided by and carried out.
13. The contract comes into force from the date, on which both parties sign
(stamp) the contract, and all the formalities with the administrative department
of the social security shall be fulfilled in one month after the contract is
signed. This contract is done in duplicate, and each party holds one copy.
14. Enclosed are the attachments to the contract, which have the equal effect
as the said contract.
(1) _________________________________________
(2) _________________________________________
(3) _________________________________________
(4) _________________________________________
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PARTY A: (STAMP) PARTY B:
Shaanxi New Taohuayuan Culture Tourism Co., Ltd.
/s/ /s/ Cai Danmei
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Legal representative (or its agent): Cai Danmei
Date: May 3, 2004 Date: May 3, 2004
Unit governing the labor contract: (stamp)
Date: May 4, 2004
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