EXHIBIT 99.5
Labour Contract for Hiring Employees of the AsiaInfo Computer Networks (Beijing)
Co. Ltd.
Party A: AsiaInfo Computer Networks (Beijing) Co. Ltd.
Party B: [Name of Executive]
In accordance with the Labour Law of the People's Republic of China and relevant
regulations of the State, Party A and Party B have, on the basis of the
principle of equality and free will and after consultation, agreed to enter into
this Labour Contract and abide by the provisions stipulated in this Contract.
1. Term of the Labour Contract
This Contract shall be the type of contract with a limited term of 2
years, commencing on [___________] and ending on [___________]. The
probationary period shall be [________].
2. Party B's Post and Work
Party B agrees to engage in work in the [______________] Department and
assume the post of [________________] according to the needs of Party
A. The duties, working tasks, responsibilities and objectives of Party
B's post shall be in conformity with the working standards or the
relevant regulations stipulated by Party A.
3. Labour Protection and Labour Conditions
Party A shall, in accordance with the relevant state regulations on
labour safety and protection, provide Party B with necessary labour
tools and labour protection articles for use.
4. Labour Remuneration and Welfare Treatments
(i). Party B shall, in accordance with Party A's wage distribution system,
be entitled to enjoy the wage remuneration and treatments for his post
(duties). Party A shall, on the 25th day of each month, pay Party B the
wages of that month, the amount of which shall be US$[____________] per
year (before tax). Party B shall pay tax according to law.
(ii). Party A and Party B shall, in accordance with the relevant regulations
of the State, pay social insurance in relation to pension,
unemployment, serious illness, provident funds for accommodation, etc.
(iii). The treatments relating to official public holidays, annual leave,
marriage or funeral leave, maternity leave, etc. shall be provided to
Party B in accordance with the relevant regulations of the State and
the Company.
(iv). Where Party B becomes injured or crippled as a result of work, Party A
shall actively responsible for providing medical treatment to Party B
until the period of medical treatment ends. Where Party B dies as a
result of work, the funeral fees or funds for supporting the direct
relatives of the deceased shall be paid in accordance with the
regulations stipulated by the State and Party A.
(v). Where Party B suffers sickness or becomes injured during the term of
employment, the wages for sick leave and medical allowances shall be
paid in accordance with the regulations stipulated by the State and
Party A.
(vi). Where Party B is promoted, demoted or transferred to another department
due to working needs or personal ability, the wages of Party B shall be
re-appraised and re-decided for his post and paid in accordance with
the relevant regulations of the Company.
5. Labour Principles
Party A shall formulate various rules and regulations in accordance
with the relevant regulations of the State. Party B shall
conscientiously abide by these rules and regulations and submit himself
to the management of Party A. If Party B violates labour disciplines,
Party A may, in accordance with the rules and regulations of the State
and the Company and in the light of the seriousness the case, impose
disciplinary sanctions and economic punishment on Party B and may even
terminate this Contract.
6. Amendment, Cancellation, Termination and Renewal of Labour Contract and
Compensation
(i). Where there is a change in Party A's production and operating
conditions or Party B's working post, tasks, duties and wages as a
result of a change in the objective conditions on the basis of which
this Contract is executed, Party A and Party B may, through
consultation, agree to amend the relevant contents of this Contract.
(ii). Prior to the expiry of this Contract, where there is a change in
subjective and objective conditions of either Party or both Parties,
Party A and Party B may, through consultation, agree to an early
termination of this Contract.
(iii). In any of the following circumstances, Party A may terminate this
Contract:
a. where it is proved, during the probationary period, that
Party B has failed to meet employment requirements;
b. where Party B has seriously violated labour disciplines or
Party A's rules and regulations;
c. where Party B has been pursued for criminal liabilities
according to law;
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d. where Party B has committed serious dereliction of his duties,
or has practised graft, causing material losses to the
Company.
(iv). In any of the following circumstances, Party A may terminate this
Contract by giving 30 days' written notice to Party B:
a. where, after undergoing a period of medical treatment, Party B
who has suffered an illness or become injured not as a result
of work is unable to perform the original task or any other
tasks assigned by Party A;
b. where Party B is not capable of performing the given tasks,
even after training and re-assignment of tasks;
c. where Party A and Party B fail to reach an agreement after
consultation regarding the amendment of this Contract in
accordance with paragraph ( i )of Article 6 of this Contract.
(v). If Party A actually needs to reduce its staff during a period of
statutory reorganisation as a result of being on the verge of
bankruptcy or having experienced serious difficulty in production and
operation, it may terminate this Contract by informing all employees of
the situation and reporting the same to the labour administrative
department 30 days in advance.
(vi). Where Party A terminate this Contract in accordance with the provisions
stipulated in the paragraphs (iv) and (v) above, it shall, in
accordance with relevant laws and regulations of the State and the
Beijing Municipality, pay economic compensation and medical allowances.
(vii). In any of the following circumstances, Party A shall not terminate or
cancel this Contract in accordance with paragraphs (iv) and (v) of
Article 6 of this Contract:
a. where Party B suffers an occupational disease or a
work-related injury and has been confirmed by the relevant
labour appraisal committee as being totally or partially
incapable of performing his work after the period of medical
treatment;
b. where a female employee is pregnant, on maternity leave
or within the period for nursing;
c. where Party B is recovering from sickness or a job-related
injury within the stipulated medical period;
d. other circumstances stipulated by the law and administrative
regulations.
(viii). In any of the following circumstances, Party B may, at any time,
terminate this Contract by giving notice to Party A:
a. during the probationary period;
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b. Party A forces Party B to work by means of violence, threat,
imprisonment or illegal restriction of personal freedom;
c. Party A fails to pay labour remuneration to Party B or to
provide Party B with normal labour conditions in accordance
with this Contract;
d. Party B is admitted to a full-time college at his own expense
after passing an entry examination or shall perform military
service according to law;
e. where other conditions stipulated in state regulations are
satisfied.
(ix). Where Party B terminates this Contract in circumstances other than
those provided in paragraph (viii), it shall notify Party A in writing
30 days in advance.
(x). Where a case regarding the material losses caused by Party B to Party A
has not been completely settled or investigations into other problems
are still pending, Party B shall not terminate this Contract in
accordance with the provisions stipulated in paragraph (ix).
(xi). This Contract shall automatically terminate upon expiry of the term of
the Contract.
(xii). Upon expiry of the term of this Contract, Party A and Party B may,
through consultation, agree to renew this Contract.
7. Economic Compensation and Damages
(i). Where Party B suffers damages as a result of Party A having terminated
this Contract in contravention of the provisions stipulated in this
Contract, Party A shall, in accordance with the relevant regulations of
the State and the local government, be liable to pay compensation to
Party B.
(ii). Where Party A incurs losses as a result of Party B having terminated
this Contract in contravention of relevant regulations or the
provisions stipulated in this Contract, Party B shall pay compensation
to Party A for the following losses:
a. the expenses incurred by Party A for recruiting Party B;
b. training expenses paid by Party A for Party B; where a
separate agreement has been entered into between both parties,
relevant matters shall be handled in accordance with that
agreement;
c. direct economic losses caused to production, operations and
work;
d. economic losses caused to Party A as a result of Party B
having divulged the Company's technical or commercial secrets.
8. Miscellaneous
(i). Other provisions required to be agreed upon by Party A and Party B:
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(ii). Matters not covered in this Contract shall be handled in
accordance with relevant state regulations.
(iii). Where an dispute arises between Party A and Party B out of the
performance of this Contract, both Parties shall, within 60 days upon
the occurrence of the dispute, be entitled to apply to the local
dispute arbitration committee for arbitration of the dispute. Where
either Party disagrees with an arbitration award, it may institute
legal proceeding with a people's court.
(iv). This Contract is executed in duplicate, with Party A and Party B each
holding one original. This Contract shall become effective as from the
date of execution.
9. Appendixes
The Confidentiality and Non-competition Agreement, the Job Description,
Profile and Objective Setting shall be appendixes to this Contract.
Party A (official seal):
Legal Representative or Authorised Proxy (official seal):
Date:
Party B (official seal): (signature) ([Name of Executive])
Date:
Certificate Issuing Authority
Officer Issuing Certificate
Date:
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