Party A (the Employer) Party B (the Employee)
Legal Representative: ID No.:
(Principal responsible person) Address: Guangdong Province
Contact person 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:
1.1.1 Fixed term: from _____to_____.
1.1.2 Unfixed term: from July 1, 2012.
1.1.3 Completion of certain work as the term: from _____to completion of _____work. The standard on completion of the work shall be _____.
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 5,000 (including tax) or RMB 5,000 (before tax is withheld).
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 Diseaseand 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.
Party A: (seal) Party B: (signature)
Legal representative: ________________ ____________________
(Principal responsible person)
Date: _________,20xx Date: _________,20xx