Employment Contract
Employment
Contract
Party
A:
Shanghai Hai Lu Kun Lun Hi-Tech Engineering Co., Ltd.
Location:
0xx xxxxx Xx. 000 Xxxxxx Xxxx
Party
B:
WU Qinghuan
According
to the "Labor Law of the PRC" and "Shanghai labor contract provisions," as
mutually agreed, Party A and Party B shall voluntarily sign this contract and
comply with the terms setting out in the contract.
First
item: term of the contract
1.
The
term of this contract is from 2006.1.1
to
2007.12.31,
and from
the / year / month / day
to / year / month / day
is
the probation period, when the probation period expires, Party A should promptly
evaluate for Party B, if party B is disqualified, party A can extend the
probation period /
month
or
retire, If not evaluate after probation, as qualified to perform the
contract.
Secondly
item: work content
2、1
party A
according to the work need assign party B to work as executive
director and
other
work specified by party A
2、2
party A
can adjust party B’s operating post according to the work need and the
capability of the party B and work performance, if the party B think it is
difficult to the operating post adjustment, party B can apply
demission.
2、3
party B
should complete the stated work quantity in time and reach the required quality
standard according to requirement of the party B
Third
item: work condition and labor protection
3、1
party A
provide party B with labor
safety
and hygiene conditions according to the state specified to ensure party B to
work in the condition of safety and not harmed environment.
3、2
Party A
should in accordance with stated specified standard work time. Due to special
reasons for the extension of working hours, it should be implemented in the
condition of guaranteeing the health of party B
3、3
party B
can take the state statutory holiday according to the law
Forth
item: labor reward
4、1
The
salary of the party A should according to the principle of the distribution
according to the work, the salary paid by party A shouldn’t less than the lowest
salary standard of the shanghai government required.
4、2
The
annual pay/wage paid by party A(base pay before tax) is 30,000 Yuan(RMB), per
month (RMB)_/_
Yuan
during the probation period
4、3
If the
condition which in the 2.2 item happen, party A has the right to adjust the
salary and welfare treatment of the party B
Fifth
item: society welfare
5、1
both
side should pay the pension insurance, medical insurance, provident fund and
unemployment insurance according to the provision of the shanghai society
insurance.
5、2
Party A
can adjust the wage and welfare treatment according to the state regulation
and
enterprise benefit and work performance of the party B.
5、3
party B
can take the paid holiday
5、4
during
the period of validity, party B need take medical treatment for illness or
suffer from work should implement the provision of shanghai
government.
Sixth
item: labor discipline, encouragement and punishment
6、1
party
B
must be
in strict compliance with national laws, regulations, and the regulations and
the confidential rules of the party A.
6、2
Party
B
must earnestly fulfill their tasks by the working procedures, and improve their
work skills, and enforce labor safety and health standards strictly, comply
to
the labor discipline and professional ethics
6、3
party A
can provide party B with commend, Promotion, give a raise and so on
6、4
party
B
disobey labor discipline, party A can according to the rules and regulations
to
give discipline punish until the termination of this contract
Seventh
item: both sides can change the relative content in the following
condition
7、1
Party
A
adjust production, or because the circumstances have changed by mutual
consultation contracts
7、2
both
side agree and not harm to the benefit of the nation ,collectivity and
others
7、3
the
law, code, rules and policy which the contract based has changed
7、4
As a
result of great force and inability to perform this contract
7、5
other
condition which the law and rule set
Eighth
item: contract relieve
8、1
Party
A
and Party B consensus, the contract may be canceled
8、2
In the
condition as follow ,party A has the right to refuse the party B and to relieve
the contract.
8、2、1
In
the
trial period proved to be not consistent with the conditions of
employment
8、2、2
party B
can’t finish the work without any reason
8、2、3
Seriously
disobey labor discipline, or the rules and regulations of the party
A
8、2、4
Serious
breach of duty and jobbery which has effect the benefit of the party
A
8、2、5
run
criminally
responsible by law or re-education through labor
8、3
The
following cases, the owner can cancel the labor contract, it should send written
notice to Party B 30 days in advance
8、3、1
party B
get ill and wound ,after the medical
care party
B
can not
do their original work and can not be engaged in the appropriate arrangements
party A arrange
8、3、2
labor
isn’t qualified, and after training and adjustment still can not compete
work
8、3、3
Labor
contracts on the basis of objective circumstances has a great change, which
can
not perform the original contract, the parties are unable to reach an agreement
to change the negotiations
8、4
the
party A can’t cancel the contract in the following condition
8、4、1
Party B
suffers from occupational disease or labor wound ,and lose labor ability or
partly lose.
8、4、2
party B
sicken or labor wound and in the sated medical treatment period
8、4、3
Women
workers in pregnancy, maternity and breast-feeding period
8、4、4
Law and
rule state other condition
8、5
party B
can’t cancel the contract if party B has one condition as follow
8、5、1
Causing
economic losses to the owner and not treated completely
8、5、2
check
by
the
relevant state organs in accordance with the law and has not yet
closed
8、5、3
Financed
with the owner on training, housing, a distribution service agreement, and
the
services doesn’t expired
8、6
In the
following condition, party B can cancel the contract at any time
8、6、1
In the
probation period
8、6、2
Party
A
take violence threat or use illegal means to restrict the personal freedom
of
the party B to forced party B to labor
8、6、3
The
owner
don’t pay reward and provide working conditions in accordance with the
contractual agreement or to
8、7
If the
party B unilateral cancel the contract within the contract period should send
written notice to the party A 30 days in advance and permitted by party A,
or
else party B compensate party A a month wage
Ninth
item: both side promissory items
9、1
Party
B
has the obligations to keep business secrets and proprietary technologies for
party A, after the termination or cancellations of the contract Party B can
not
use the patented technology or related technology to produce similar products
or
operating a similar business and hold a post in the competition, nor have its
own production of similar products or operating similar businesses.
9、2
Party B
enjoy funded training ,in the contract period or extended period of B if the
party B offered to resign or dismissed by the party A, Party B should compensate
training fees, except if there are otherwise agreement by the two
sides.
9、3
Party B
enjoy housing welfare provided by the party A ,in the contract period or
extended period of B if the party B offered to resign or dismissed by the party
A, Party B should compensate training fees, except if there are otherwise
agreement by the two sides.
Tenth
item: Breach
of contract responsibility
10、1
Party
A
disobey the contractual agreement and cause losses to the Party B should bear
the liability of the compensation .
10、2
party
B
disobey
the contractual agreement or the contractual agreement of the commercial secrets
which resulting in economic losses, it should bear the liability of the
compensation.
Eleventh
item: labor dispute
11、1
if
the
two
sides occur dispute due to the performance of the contract, apply for
conciliation to the labor dispute mediation unit (according to the <labor
law>)
11、2
if the
Mediation fails, either side can according to the procedures of the "Labor
Law"
provision to apply for the arbitration.
11、3
if
not
content to arbitration, both parties can bring the case to court
Twelfth
item: contract force
12、1
The
date
when the contract sign has legally binding, and both sides must be strictly
enforced and any party ask to amend the contract is subject to the two sides
to
negotiate.
12、2
During
the contract period, due to the contract changes , the two sides signed a
supplementary agreement of the contract has the same legal effect
12、3
A
duplicate of this contract, the two sides each hold one copy , and then entry
into force upon signature by both parties
12、4
Pending
issues of this contract or contrary to the relevant provisions of the state's
and Shanghai, it should in accordance with the relevant
regulations.
/s/
XXXX Xx
|
/s/
WU
Qinghuan
|
|
Party
A:
|
Party
B:
|
|
Shanghai
Hai Lu Kun Lun Hi-Tech Engineering
Co., Ltd.
|
WU
Qinghuan
|
|
Date:
2006.1.1
|
Date:
2006.1.1
|