Labor Contract of Fujian Zhangzhou Ding Neng Bio-technology Co., Ltd
Labor
Contract of Fujian Zhangzhou Xxxx Xxxx Bio-technology Co., Ltd
Party A (employer): Fujian
Zhangzhou Xxxx Xxxx Bio-technology Co., Ltd
Legal
representative: Xxxxxxx Xxx
Party B (employee): Xxxxx Xxxxx Sex:
male Date of
birth: 07/12/1957
Nationality: China ID card
No.
r121153145
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 two year term from 06/01/2010 to
05/31/2012
2. During the term of the contract the
probation period shall be N/A months,
from N/A
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II.
Contents of Work
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1.
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Party B agrees to work as
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
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1.
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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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IV.
Work Compensation
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1.
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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 RMB1,224,000 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
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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
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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
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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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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
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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)
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Party B
(signature):
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Fujian
Zhangzhou Xxxx Xxxx Bio-technology Co., Ltd
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Company
Seal
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/s/ Xxxxx Xxxxx
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Date: 06/01/2010
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Date:
06/01/2010
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