Exhibit 10.4
EMPLOYMENT CONTRACT
(ENGLISH TRANSLATION)
PARTY A (EMPLOYER):
Name: Fujian Jinjiang Pacific Shoes Co., Limited
Address: Xx. 00 Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx, Xxxxxxx Xxxx, Xxxxxxxx Xxxx
Tel: 00-000-00000000
Legal Representative: Li Haiting
PARTY B (EMPLOYEE):
Name: Yinsheng Li
Gender: Male
Current Address: No.173 Qiguang Eastern Road, Handai, Chendai Township,
Jinjiang City
Registered Residence: Dangyang City, Hubei Province
Tel: 00-000-00000000
Subject to the LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACT and
other related stipulations, the Parties hereto shall enter into the following
agreement for mutual observation under the principles of free will and equity.
1. TERM
Fixed Term. In such event, the term shall commence from December 6, 2011 to
December 6, 2013.
2. POST AND WORKING PLACE
1) Party B shall be designated by Party A to act as the Chief Financial
Officer.
2) Party A may adjust the post of Party B according to the working
requirements and the competences of Party B, such adjustment may not be
unreasonably withdrawn by Party B.
3) Party B agrees to fulfill its duties satisfying the requirements of Party
A.
3. WORKING TIME AND REST DAY
1) Party A shall observe the related national regulations concerning the
working time and may make the specific rules and adjustments on the working
time of Party B in accordance with the variable requirements. The specific
rules made by Party A shall be fully observed by Party B.
2) In consideration of the special conditions of Party A's business, Party A
may, subject to the special requirements of business, make the
corresponding adjustment on the working time, work shift and rest day of
Party B, which shall be observed by Party B.
4. REMUNERATION
Party A shall pay 8,300 RMB to Party B on the 5th day of each month. The said
monthly salary may not be less than the minimum amounts announced by the
provincial government, any overtime payment shall be subject to the related
stipulation listed in the applicable laws and regulations.
1) Party A may adjust the salary paid to Party B according to its business
operation, bylaws and the performance, experiences, compensation record and
post-change of Party B. the salary paid to Party B, upon such adjustment, shall
equal to those paid to the employee of Party A with the same post, duty and
work, provided, however, in no event such salary may be less than the minimum
wage announced by the local government.
5. SOCIAL INSURANCE
Party A and Party B shall purchase the social insurance and pay the premium due
to each Party respectively, provided, however, the premium should be paid by
Party B may be deducted by Party A from the salary due to Party B.
Upon the expiration or termination of this Contract, Party A shall, subject to
the related rules, handle the formalities for the transfer of Party B's file and
social insurance and shall issue the certificate evidencing the termination or
expiration hereof, correspondingly, Party B shall carry out the handover work as
quickly as possible.
6. LABOR PROTECTION, WORKING CONDITIONS AND OCCUPATIONAL DISEASE
1) Party A shall, subject to the rules and regulations made by the central and
local governments, provide the satisfying labor protection equipments and
working conditions to protect the safety and health of Party B. 2) Party A shall
provide Party B the related trainings concerning the requirements of labor
safety, bylaws and business operation rules and skills according the relevant
requirements of governments, Party B shall take part in the said trainings and
strictly observe the corresponding requirements of labor safety and business
operation rules related to its post. 3) Party A shall make the corresponding
notice to Party B if any work related to occupational disease has been carried
by Party B, and shall arrange the occupational health examinations prior to and
after the work period. During the term hereof, Party A shall make periodic
health examinations on Party B.
7. MISCELLANEOUS
None
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8. AMENDMENT
This Contract may be amended with the mutual consent of the Parties hereto. Any
amendment to this Contract shall be made in writing, shall indicate the
amendment date and shall come into effect upon the signatures and seals by the
Parties hereto. A change order or the special agreement may be used for the
amendment to this Contract. In such event, the special agreement shall be the
Schedule of this Contract and shall have the equal legal effects with this
Contract.
9. Any cancellation, termination and renewal to this Contract shall be compliant
with the related stipulations of central, provincial or local governments.
10. SETTLEMENT OF DISPUTE
Any labor dispute between the Parties shall be settled through amiable
negotiation, either Party may, if refuses or fails to make such negation, apply
for the intermediation carried out by the Intermediation Commission for Labor
Dispute of this company, or apply for arbitration carried out by the local
Arbitration Commission for Labor Dispute within the time limit required. Either
Party may, if not satisfied with the arbitration award rendered, bring a lawsuit
before the local People's Court within 15 days upon the receipt of such
arbitration award.
11. Any issue unmentioned herein may be settled by the Parties through
negotiation. If there is any dispute between any stipulations herein and the
laws or regulations newly promulgated, such laws or regulations shall prevail.
12. This Contract shall be executed in duplicate, each Party shall have one.
Party A (Seal) Party B (Seal)
/s/ Li Haiting /s/ Yinsheng Li
---------------------------- ----------------------------
Haiting Li Yinsheng Li
Legal Representative (Seal)
Date: December 6, 2011 Date: December 6, 2011
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