No.: __________________
Party A (Employer):
Legal Representative:
Address:
Tel:
Party B (Name):
Sex:
ID No.:
Tel:
Pursuant to stipulations of The Labor Law of the People's Republic of China and relevant laws, Party A and Party B enter into the following agreement on the principle of voluntariness, mutual benefit and consensus:
I.Term and Posts
1.The term of the contract is ______ years from _________ to ; the term of employment is ___ years.
2.The post of Party B is general manager.
II.Working Time and Resting Time
9:30-17:30 Mon. – Fri.; Sat. and Sun. for rest.
III.Salary
1.Party A shall pay Party B salaries in cash in accordance with profits of the company.
2.In case Party B correctly performs the contract and conforms to rules and regulations of Party A without any default, salaries shall be paid in accordance with stipulations of the contract.
IV.Labor Disciplines
During the term of the contract, Party B shall manage to do the following things:
1.Party B shall finish tasks stipulated by Party A with guarantee on quality in time;
2.Party B shall keep Party A’s commercial secrets.
V.Alteration, Cancelation, Revision and Termination
(I)In case Party A and Party B consent through negotiations, the contract can be altered pursuant to relevant laws.
(II)In case any of the following circumstances exists, Party A can cancel the labor contract at any time without paying Party B economic compensation.
1.Party B seriously violates labor disciplines of Party A or rules and regulations of Party A;
2.Party B seriously neglects its duties, engages in malpractices for selfish ends and causes major losses of Party A;
3.Party B is invested the criminal responsibility according to relevant laws;
4.Other circumstances stipulated by laws and regulations.
(III)In case any of the following circumstances exists, Party A can cancel the labor contract, but shall inform Party B of it in written form 30 days in advance.
1.Party A nearly goes bankruptcy or has difficulties due to bad management and it needs to downsize its staff;
2.Party B is ill or injured due to reasons irrelevant to the job. After the medical period expires, Party B cannot be engaged in the original job or other jobs arranged by Party A.
3.Objective circumstances on which the conclusion of the contract was based have major changes and the original labor contract can no longer be performed. Through negotiations, Party A and Party B cannot alter the labor contract or enter into an agreement.
(IV)In case any of the following circumstances exists, Party B can inform Party A to cancel the labor contract at any time.
1.Party A does not pay labor remuneration or provide labor conditions in accordance with stipulations of the labor contract;
2.Party A forces Party B to labor using violence, threats or illegal limitations of personal freedom;
3.Other circumstances stipulated by laws and regulations.
(V)In case any of the following circumstances exists, the labor contract shall be canceled automatically.
1.Party A is declared to go bankruptcy pursuant to relevant laws;
2.Party A is dismissed or canceled pursuant to relevant laws;
3.The body of Party B does not exist.
(VI)Besides circumstances stipulated in Paragraph (V) of Article Eight, in case Party B cancels the labor contract, it shall inform Party A of it in written form 30 days in advance and inform directors and employees above the post of director of it in written form 60 days in advance
(VII)Revision of the contract. In case necessary, Party A and Party B can revise the contract by consensus when they consent.
(VIII)Termination of the contract. In case the term of the contract expires or conditions for termination stipulated by both parties occur, the contract shall terminate automatically.
VI.Confidentiality Clauses
1.Party B shall conform to laws relevant to the contract and perform the duty of keeping Party A’s commercial secretes. Commercial secretes referred to in this contract mean technical and operational information that is not known by the public, that can bring economic benefits to Party A and that is kept secret by security measures, including management knacks, customer lists, production and sales strategies, etc.;
2.In case Party B violates stipulations of the contract or requirements of confidentiality of Party A, and Party B reveals, use or allows others to use Party A’s commercial secretes that it commands, namely, Party B defaults, Party A has the right to take legal actions, investigate Party B’s responsibilities and claim compensation for economic losses, even investigate Party B’s criminal responsibilities;
3.Without consent of Party A, Party B shall not bring materials, words and pictures on Party A’s computers out of offices, nor shall it print or copy the company’s materials.
VII.Liability for Breach of Contract
(I)Legal Liabilities for Breach of Contract by Party A
In case Party A does not pay salaries to Party B pursuant to stipulations of the contract, Party B can investigate responsibilities of Party A.
(II)Legal Liabilities for Breach of Contract by Party B
In case Party B violates stipulations of the contract and cancels the labor contract in advance without good reasons, Party B shall compensate Party A for the following losses:
1.In case Party B violates confidentiality clauses, it shall be executed pursuant to stipulations of the confidentiality contract signed by both parties;
2.In case Party B violates competition restriction clauses, it shall be executed pursuant to stipulations of the competition restriction clauses signed by both parties;
VIII.Disposal of Disputes
In case Party A and Party B have labor disputes and cannot solve them through negotiations, any party can apply for disposal to departments with jurisdiction.
IX.This contract shall be in duplicate and take effect from the date when Party A and Party B affix their signatures or seals. Party A and Party B shall have one copy respectively and the two copies shall have the same legal effects.
Representative of Party A: (Seal) | Party B: (Signature) |