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Employment Contract

By Edna Baker,2014-06-18 11:41
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EMPLOYMENT CONTRACT PARTY A: (COMPANY NAME)________________________________________ ADDRESS________________________________________________ LEGAL REPRESENTATIVE_________________________________ PARTY B: (NAME)__________________________________________________ RESIDENCE___________________..

    EMPLOYMENT CONTRACT

PARTY A: (COMPANY NAME)________________________________________

     ADDRESS________________________________________________

     LEGAL REPRESENTATIVE_________________________________

PARTY B: (NAME)__________________________________________________

     RESIDENCE________________________________________________

     IDENTIFICATION CARD NUMBER____________________________

    This contract is executived by two parties in accordance with the applicable provision of “The LABOR LAW OF THE PEOPLES REPUBLIC OF CHINA”, “LABOR LAW OF THE

    PEOPLE’S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACT” and other laws and

    regulations on the basis of free-will and equal consultation.

Acticle 1

    Party B is employed as ____________, and Party B shall complete his work according to the job duties defined by Party A. During the contract period, Party B agrees to adjust his working post and the relevant salary according to Party A’s production needs.

Article 2

    Term of contract and probation period, and shall commence on ( )

    A. Fixed period. The term of this Contract shall be _____ years, from ____/ ____/ ____ to ____/

    ____/ ____ during which there shall be a probation period of ____ months, from ____/ ____/

    ____ to ____/ ____/ ____( The renew contract excludes the probation period). B. Unfixed period. The term of this Contract shall be calculated form the date of ____/ ____/

    ____, including the probation period of ____ montsh.

    C. Buth parties shall terminate the labor contract after ________________

    _____________________________(Production work) is completed..

Article 3

    Remuneration

    Party A pays Party B the monthly salary with _______ (The following method) A. Hourly wages, according to the wage regulations of Party A

    B. Piece wage: Party A shall clear the ration and unit price with Party B

    C. Others:__________________________________________________________

    This wage shall not lower than the minimum wage standard given by the province government. Party A shall pay Party B overtime wages in accordance with relevant laws and regulations, the wages shall be paid by currency.

Article 4

    Working Hours, Rest and Holiday

    A. The normal working hours, rest and holidays of Party B shall be in accordance with the

    Chinese laws and regulations

    B. During the contract period, Party B is entitled to all legal holidays, weekends, annual

    vocations and other paid leaves, such as marriage leave, funeral leave, maternity leaves,

    paternity leave etc.

    C. Party A may extend working hours due to the requirements of its production or business after

    ndthe consulation with Party B. This shall be carried out by the 42 clause of <LABOR LAW>,

    thand Party A shallpay Party B overtime wages in accordance with the 44 clause of <LABOR

    LAW>.

Article 5

    Party A shall pay relevant social isurance to designated authorities on Party Bs behalf in timely

    manner in accordance with laws, regulations and government requirements in the contract period. Party A shall offer Party B welfare.

Article 6

Working Protection and Working Conditions

    Party A shall provide Party B with occupational safety and health conditions conforming to the provisions of the State, provide protection facilities for females, juveniles and employees that engaged in risk jobs. Party A shall tell the truth, its consequences and protective measures, and organize health exanmination on Party B. Party B shall strictly comply with the safe operation and the relevant rules and regulations prepared by Party A in accordance with law. Party B shallbe responsible for the wrong doings.

Article 7

    Labor Discipline

    A. Party A may draft labor disciplines of the company in accorance with the provisions of

    Chinese laws and code of conduct, and futher them to Party B in written documents before

    Party B starts the jobs, Party B shall confirm the requirements and agree to follow B. When Party B fails to comply with the rules and regulations, Party A is allowed to punish

    Party B according to the rules and regulations of the company, and even terminate the

    contract.

    C. Party B shall obseve the labor disciplines and protect the production (work) or business

    secrets. Party B should compensate the lose of Party A if Party B release the secrets and cause

    the lose of Party A.

Article 8

    The contract could be terminated through mutual negotiation;

Article 9

    Party A could terminate the contract under the following circumstances;

    A. Party B turns out not to measure up to the employment requirements during the probation

    period

    B. Party B violate the disciplines or the rules and regulations of Party A

    C. Party B neglects his duty, jobbery and damage the interests of Party A

    D. Party B is prosecuted for the criminal responsibilities

E. Party B is prosecuted for corruption, pilferage, gambling or fights

    F. Party B made other serious mistakes

    G. Make Party A sign or modify the contract that against his will with cheat, voilence or take

    advantage over Party A

Article 10

    Party A could terminate the contract under the following circumstances, but the written inform shall be given 30 days ahead;

    A. Party could not continue the original jobs and unable to take other job assigned by Party A

    after medical treatment period because of the illness and non- work-related injury B. Party is not competent for his job, and yet not after trainning or change of working posts C. Great changes are imposed on the objective conditions on which the Employment Contract

    was signed, and further caused the original Employment Contract to be impossible for

    implementation, and that no agreement in respect of modifying the Contract comes out after

    consultations with Party B

Article 11

    Party B could terminate the contract under the following circumstances;

    A. Party B is forced to work by voilence, threat or illeagel restriction of personal liberty B. Party A fail to pay Party B wages according to the contract requirements or the fail to offer the

    working conditions.

Article 12

    Party A shall not terminate or abrogate the contract on the following circumstances A. Party B receives occupational disease or work-related injury and is confirmed lost or partly

    lose labor capacity

    B. During the medical treatment period

    C. Female employee who is in pregnancy, maternity leave and lactation period

D. Other circumstances listed in provisions of Chinese law and regulations

Article 13

    The termination that not reached through consultation and negotiation by both parties, a written inform shall be furthered to the other party 30 days ahead, except the conditions that stipulated by the Article 9 and Article 11.

Article 14

    Termination of the Contract

    A. The Contract may be automatically terminated upon its expiration

    B. Other circumstances listed in the provisions of the Chinese law

Article 15

    When the Contract is expired or terminated, Party B shall hand over his job or business to the successor. If Party B fails to hand over timely and cause the lose of Party A, Party B shall be responsible for the lose.

Article 16

    When one party violates the contract provisions and cause the lose of the other party, the violated party shall be responsible for results casued

Article 17

    Other provisions reached by both parties;

    A. When Party B receives paid training offered by Party A, both parties shall sign the trainning

    agreement. When Party B resign during the agreement period, Party B shall pay the penalty

    for violation of contract.

    B. Party A terminate the Contract during the Contract Period, Party B could have financial

    compensation from Party A in accordance with the Chinese LABOR LAW.

    C. Party B shall observe the rules and labor disciplines stipulated by Party A D. Party B shall be responsible for the lose if Party B takes partime during the Contract period

    and cause the lose of Party A

    E. Party B shall not release or take advantages over the confidential information relating to Party

    A known or received during the office period.Where Party Bs any breaches to the

    confidentiality obligation hereunder the Contract Period, Party A shall have the right to

    requenst compensation, and Party B shall bear the legal responsibilities.

    F. Party B should not have or involved in similar business or engaged in the sales of similar

    products except the approval was granted from Party A. If Party B violatees the Contract

    provisions, Party B should pay Party A RMB 50,000 as compensation and compensate the

    lose of Party A within 2 years after the Contract was terminated or expired, and bear the legal

    responsibilities.

Article 18

    The items that not specified by this Contract should be carried out according to the relevant regulations or settled by negotitaion. If any provision of this Contract is determined to be illegal or in conflict with the applicable laws and regulations, or policies, the laws and regulations or policies shall prevail

Article 19

    Where a labor dispute between the parties arising out of the performance of this Contract, the parties concerned shall apply the labor arbitration with written application to the local labor arbitration committee within 60 days afer the dispute was received. The party that refuses the arbitration resolution shall bring lawsuit to the local court within 15 days after the resolution was received.

Article 20

    Each party shall retain one copy of the Contract after the Contract was signed, and both parties

    shall strictly observe the Contract

Party A Party B Authentication

    Legal Representative

    (Entrusted Agent)

    Signature Signature Signature

    ______Year_____Month____Day ______Year_____Month____Day ______Year_____Month____Day

    Remarks:

Notes: The remarks could be used for renewing the contract period or modifying the contract

    clauses.

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