LABOR CONTRACT
This labor contract (hereinafter referred to as ‘the Contract’) is hereby made and entered into by and between Party A, a foreigninvested enterprise (hereinafter referred to as ‘the Company’), and Party B, a natural person who willsingly and voluntarily accept this contract (hereinafter referred to as ‘the Employee’). In accordance with ‘The Labor Law of the People’ Republic of China (hereinafter referred to as ‘the Labor Law’), both parties hereby agree to the following terms and conditions and mutually comply.
Article 1 Definition
1. The term stipulated in this Contract has the same meaning in compliance with the relevant regulations prescribed in ‘the Labor Law’ and other related regulations of labor and employment.
2. For any term not specified in this Contract, the interpretation shall comply with the relevant regulations of labor and employment.
Article 2 Nature of the Employment
1. The purpose of this Contractis to legally and effectively safeguard the legitimate rights and interests of both parties.
2. The nature of the employment is stipulated below, and Party B shall faithfully perform his duties and obligations as prescribed herein.
3. Upon signing this Contract, Party B is hired as a full-time employee of Party A, and is employed with the position of Sales Representative in the Sales Department.
Article 3 Working Hours
1. Apart from the rest time in accordance with the relevant regulations, Party B shall have no less than 8 hours per day and no more than 44 hours per week. The Company and Party B shall, based on need, enter into flexible arrangement of the working time, such as shift system, flexible working hour system and compressed working week system.
2. In principle, the working hours should be arranged between 9:00 a.m. and 6:00 p.m. If overtime work is arranged by both parties, the Overtime Work Agreement shall be made separately in written form.
Article 4 Wage
1. The monthly wage of Party B is RMB 4,000 in cash payment.
2. The salary shall be paid pursuant to the relevant regulations of the local labor and social security department, and the payment shall be paid before the 15th of the next month.
3. The salary shall be paid in cash or transferred to the appointed bank account.
Article 5 Working Place
1. The Company shall determine the working location, and Party B should faithfully perform his duties at the working place designated by the Company.
2. For any business trip, assignment or training regulated by the Company, the traveling expense shall be paid by the Company.
Article 6 Labor Protection
1. The Company shall pay the social insurance fees, medical insurance fees and other relevant fees according to the relevant regulations, and the payment shall be made on a monthly basis.
2. The Company shall purchase industrial injury insurance for Party B and pay the premium according to the latter’s role in the Company.
3. The Company shall purchase pension insurance for Party B and pay the premium according to the relevant regulations.
4. The Company shall provide necessary working and environmental protection for Party B.
Article 7 Duties and Obligations of Party B
1. Party B shall faithfully perform the duties assigned by the Company and comply with the rules and regulations of the Company.
2. Party B shall maintain the confidentiality of the trade secrets of the Company and third party.
3. During the period of this Contract, Party B shall not accept other part-time jobs, engage in other labor relations, or make profit with the name of the company.
4. In case that Party B gets sick or owes statutory leave, he shall prove its authentic by submitting relative documents to the Company.
Article 8 Rights and Obligation of the Company
1. The Company has the right to inspect the work performance of Party B, and should pay the subtantial labor remuneration prescribed in this Contract.
2. The Company shall arrange necessary training for Party B according to the actual situation.
3. The Company shall give allowances or bonuses to Party B as rewards according to the relative regulations.
4. The Company reserves the right of disposal of the property or assets of the Company.
Article 9 Termination
1. In case that Party B does not fulfill the obligations of this Contract, the Company shall take necessary measures, including but not only limited to the written warning, suspension or dismissal.
2. In case that Party B breaks the labor discipline, violates the laws and regulations of the People’s Republic of China or causes accidents in work, the Company reserves the right to terminate the Contract immediately.
Article 10 Confidentiality
Both parties shall keep confidential to the third party the business secrets which they get to know during senior labor relations, and shall not make use of the aforesaid without prior written consent of each other.
Article 11 Dispute
1. Any disputes arising from the performance of this Contract shall be resolved by negotiation between both parties.
2. If the controversy cannot be settled by negotiations conveniently, either party may resort to the court in accordance with the law.
Article 12Other Agreements
1. All the annexes of this Contract are of the same effect.
2. In case of any inappropriate or inaccurate understanding, both parties shall resolve the controversy through negotiations.
Article 13 Signatures
Both parties have fully inspected and read the contents of this Contract and voluntarily signed their respective signatures.
TheLabor Contract is hereby made and entered into on April 9th in Ningbo.
Party A:_____________
Party B: _____________
