Party A (the Employer) Party B (the Employee)
Name: Name:
Address Sex:
Legal Representative: ID No.:
Address:
Contact person :
Telephone: Telephone：
In accordance with the Labor Contract Law of the People’s Republic
of China (hereinafter referred to as “the Labor Contract Law”) and other
applicable laws and regulations, and based on the principles of equality, free
will, good faith, compliance with law and mutual negotiation, Party A and Party
B hereby enter into this Contract and agree to jointly abide by the terms and
conditions contained herein.
Article 1 Contract Term
1.1 Both Parties agree to determine the
term of this Contract by ____of the following methods:
1.2 The probation period shall be none (the
probation period shall be included in the term of this Contract. In case of no
probation period, fill “none” in the blank).
Article 2 Contents of Work
The Party B shall act as (position or type
of work) sales engineer, who shall be responsible for sale of printing
equipment of the plastic packing department of Party A and other work in China,
and shall report to the relevant responsible persons of Swiss Headquarters and
Thailand Branch Company.
Article 3 Working Time
3.1 Standard working time system shall be
adopted for Party B, that is, Part B shall work 8 hours per day and 5 days per
week, without additional remuneration for overtime work.
3.2 Any extension of work time as required
by Party A’s production and operation shall be governed by Article 41 of the
Labor Law.
Article 4 Salary and Treatment
4.1 Party A shall formulate the salary
system according to law and notify Party B thereof. The salary paid by Party A
to Party B shall not be lower than the minimum salary issued by the local
municipal government in that year.
4.2 The monthly salary of Party B shall be
RMB 。
4.3 Party A shall pay the salary to Party B
on the 30th day of each month. Party A shall pay to Party B the salary at least
once in each month by means of currency.
4.4 The overtime salary, salary during
vacation, leave and particular circumstances shall be governed by the relevant
laws and regulations, such as the Regulations of Shenzhen Regarding Payment of
Employee’s Salaries.
4.5 Other provisions on salary as agreed by
both Parties: within the valid term of this Contract, performance bonus shall
be determined based on the net sale price of equipment (i.e., the price after
the freight and the expenses for installation and commissioning are deducted).
The contracts for sale of spare parts and components and for installation shall
not be included in the plan on performance bonus.
Article 5 Labor Protection and Labor Conditions
5.1 Party A shall, in accordance with the
relevant provisions on labor protection of the State, provide the labor and
operation places and necessary labor protective articles in conformity with the
health standards of the State, so as to practicably ensure the safety and
health of Party B in the production and work.
5.2 Party B will be engaged in the
operation of / that may cause the professional danger
of / , so, Party A shall take the
protective measures of / and arrange Party B for medical check / time
each year.
5.3 Party B shall have the right to refuse
to operate if Party A commands the operation in violation of rules and
regulations or forces Party B to run risks in operation; Party B shall have the
right to require Party A to rectify the acts of Party A endangering the safety
of his life and health or report such case to the competent departments.
Article 6 Social Insurance and Welfare
6.1 Party A shall handle the procedures for
social insurance for Party B according to law, and the payment of social
insurance premium shall be governed by the laws, regulations and rules
regarding social insurance.
6.2 If Party B is sick or suffers
job-unrelated injury, Party A shall provide the medical treatment period and
medical treatment in accordance with relevant provisions of the State.
6.3 If Party B contracts an occupational
disease, or suffers job-related injury or death, Party A shall handle the case
in accordance with the relevant laws and regulations such as the Law on
Prevention from and Treatment of Occupational Disease and the Regulations on
Job-Related Insurance.
6.4 Party B shall be entitled to legal
holidays, annual vacation, marriage leave, maternity leave and funeral leave,
etc., according to law.
Article 7 Labor Discipline
7.1 The rules and regulations formulated by
Party A according to law shall be made public and notified to Party B.
7.2 Party B shall consciously abide by the
relevant laws and regulations at the level of State, province and city and the
rules and regulations formulated by Party A according to law, comply with the
operation regulations in safety, be subject to the management of the Company,
and complete his working tasks timely.
7.3 Party B shall consciously abide by the
provisions on family plan at the level of State, province and city.
Article 8 Change
This Contract may be changed upon agreement
reached by both Parties through consultation. Any change of this Contract shall
be handled in writing.
Article 9 Revocation
9.1 Prior to expiration of this Contract,
any revocation of this Contract by both Parties or either party in advance
shall comply with the relevant provisions of the laws and regulations.
9.2 If the conditions on payment of
economic compensation are met, Party A shall pay to Party B the economic
compensation according to law.
9.3 If this Contract is revoked by both
Parties, Party A shall provide a written certificate to Party B, and timely
handle the relevant procedures for revocation of this Contract.
Article 10 Termination
10.1 Upon expiration of this Contract or
satisfaction of the conditions on termination of this Contract as agreed by
both Parties, this Contract shall be terminated. In case of such termination,
Party A shall provide a written certificate to Party B, and timely handle the
relevant procedures for termination of this Contract.
10.2 If both Parties agree to renew this
Contract upon expiration of this Contract, the relevant procedures shall be handled
within 30 days prior to expiration of this Contract.
Article 11 Liability for Breach of Contract
11.1 Party A’s liability for breach of
contract:
.
11.2 Party B’s liability for breach of
contract:
.
Article 12 Dispute Resolution
Any labor dispute between both Parties
shall be resolved through consultation, failing which, it may be submitted to
the Labor Dispute Mediation Committee of the Company for mediation, or it may
be submitted directly to the Labor Dispute Arbitration Committee for
arbitration. In case of no objection to the arbitration award, both Parties
must perform the award; should there be any objection to the award, either
party may bring a lawsuit in the people’s court.
Article 13 Other Matters Required to be Agreed by both
Parties:
The information on the clients and the
business secrets of the Company shall not be disclosed to any third party.
Article 14 Miscellaneous
14.1 Any matter not covered by this
Contract or any terms hereof in violation of the applicable laws and
regulations shall be governed by the applicable laws and regulations.
14.2 This Contract shall be based on the
following rules and regulations.
i) The Labor Contract Law; and, ii) the
rules and regulations (or the Personnel Manual) issued by the Company.
14.3 This Contract shall become effective
upon the date when it is signed or sealed by each party. Alteration or
signature for either party without written authorization shall be null and
void.
14.4 This Contract shall be executed in
quadruplicate, of which Party A keeps three and Party B keeps one.
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