(模板三)
XXX Co., Ltd. EMPLOYMENT CONTRACT
(This is a translation of the Chinese text)
The XXX (herein after referred to as Party A) employs Mr. XXX to (Number of Identity card: XXX, herein after referred to as Party B) as the employee. According the << Labor law of the People’s Republic of China>>, in consideration of the premises and mutual covenants and promises set forth herein the parties agree as follows:
Article 1. Term of employment, probation periods
1. The valid term of employment is two years, the employment period will be from XXX to XXX.
2. The probation period will be from XXX to XXX. Where Party B is not qualified to requirement by Party A during the probationary periods, Party A may terminate employee’s employment.
3. The parties may rework the employment upon the expiration of the employment contract.
Article 2. Duties and responsibilities
1. Party B shall serve Party A as software engineer of Semiconductors Department.
2. Party B's duties may be reasonably modified at Party A's discretion and agreement between both parties from time to time.
3. Party B will devote full time, attention, and energies to the business of Party A, and, during this employment, will not engage in any other business activity, regardless of whether such activity is pursued for profit, gain, or other pecuniary advantage.
Article 3. Remuneration
1. Basic salary: Party A shall pay Party B a salary of XXX per month.
2. Year-end Double Pay: Party B will be paid one more month’s basic salary for each full calendar year he serves in Party A provided that he still serves for Party A on December 31 of that year.
3. Bonus and allowance: according the wage and salary policies of Party A.
4. Party B's salary may be reasonably modified when the duties and responsibilities of Party B have been changed.
5. Party A will pay wages higher than the local standard on minimum wages.
6. Party B shall be paid on 25th of every month.
7. Party A withholds the payable individual income tax of Party B on paying salary each month.
Article 4. Social insurance and welfare
1. Party A will pay social insurance premiums in accordance with the law, the following mandatory benefits shall be applicable to Party B:
a. Retirement insurance
b. Unemployment insurance
c. Work-related injury
d. Child-bearing
e. Housing Public Accumulation Funds
f. Medical insurance
g. Personal accident insurance
2. If Party B suffers from illness or injury not from performing the duties and need to take medical treatment. Party A shall grant party B a medical treatment term according to relevant Laws.
3. If Party B suffers from illness, injury from or not from performing the duties, the medical expense is according to related laws and local regulation.
4. The welfare of Party B is according to the local regulation and the policies of Party A.
Article 5. Working time, holidays and rest time
1. Party B works eight hours per day and 40 hours in average per week. Overtime will only be worked if agreed to between the parties from time to time.
2. Party B is entitled to Marriage Leave, Funeral Leave, Maternity Leave, Annual Leave and Government statutory public holidays. Party A shall pay according to the law of the government.
Article 6. Working protection and conditions
1. Party A must provide employee with occupational safety and health conditions conforming to the provisions of the State
2. Party A must provide necessary articles of labor protection.
Article 7. Labor discipline, Award & Punishment
1. Party B shall observe all rules and disciplines formulated by Party A.
2. Party A may render punishment to Party B for his violation to any rule or discipline, or may award Party B for his good performing of the rules and disciplines.
Article 8. Regulations on contract termination
1. Party A may terminate employee’s employment without prior notice under any of the following circumstances:
a. Party B is not qualified to requirement by Party A during the probationary periods.
b. Party B severely violates any of Party A’s rules and disciplines.
c. Party B neglects duty or commits jobbery, and causes great loss on Party A’s interest.
d. Party B is arrested, be the subject of an indictment, or charged with any crime or unlawful act.
2. In any of the events, this contract may be terminated by Party A on 30 days’ prior written notice to Party B:
a. Party B is unable to take up his original work or any new work arranged by Party A after the completion of the medical treatment for illness or injury not suffered at work.
b. Party B is incompetent for the work and stays so even after training or position adjustment.
c. No agreement on modification of the employment contract can be reached though consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original employment contract can no longer be carried out.
3. Party B must advise Party A in 30 days’ prior written notice, when Party B resigns to terminate the contract.
4. In any of the events, this contract may be terminated by Party B without prior notice:
a. Within the probation period.
b. Failure on the part of Party A to pay remuneration or to provide working conditions as agreed upon in the employment contract.
c. Party A forces Party B’s to work by resorting to violence, intimidation or illegal restriction of personal freedom.
5. This contract of employment may terminate upon the agreement through consultation by the parties involved.
6. In any of the events, Party A can’t discharge the contract:
a. Party B suffers from illness or injury from performing the duties.
b. Party B suffers from illness or injury not from performing the duties and is under medical treatment.
c. Party B is in the period of pregnant, confinement or lactation.
d. The employment period is before expiry and the case is not in the provisions of terms 1&2 of article 8 and article 9 herein.
7. If Party B suffers illness from or injury from performing the duties and is completely incapacitated after medical treatment. Party A can’t terminate the contract.
8. Compensation for contract termination: Party A must pay Party B compensation according to the << Labor Law >> if it terminates the contract by items a, b, c of term 2 and items a, b, c of term 4 of article 8 herein.
Article 9. The condition of the employment contract termination
This contract shall automatically terminate upon the occurrence of any of the following events: the expiration of the employment contract, the termination of Party A’s business, the retirement of Party B, the death of Party B.
Article 10. Business secret
1. Neither during Party B's employment with Party A nor thereafter three years, Party B shall not disclose any business, secret program, method and other confidential information of Party A.
2. When Party B's employment with Party A ends, Party B will promptly return to Party A all originals and copies of all data, drawing, tapes, discs and notes related with Party A, shall not transfer, destroy or bring out by self.
Article 11. Intellectual property
While Party B is employed by the Party A, Party A shall own all the copyright rights in intellectual property which result from all development or invention related with works, or Party B do using any Party A’s property, or in Party A’s office, or during the work time.
At the request and expense of Party A, Party B shall give and supply all such information, data and assistance as may be requisite to enable Party A to exploit the intellectual property to the best advantage and shall execute all documents and do all things which may be necessary or desirable for obtaining patent or other protection for the intellectual property in China or other parts of the world.
Article 12. Legal responsibility
1. Where breaches the contract, one party shall pay another party compensation to make up the economic losses.
2. Where Party A terminates the contract in accordance with the provisions of paragraph 3 of article 8 or Party B terminates the contract in accordance with paragraph 3 of article 8, if the days in advance that the notice required is not enough, one party shall pay another party compensation to make up the economic losses.
3. Where Party A provides the training or house for Party B, Party B terminates the contract in accordance with paragraph 1,2,3 of article 8 during the mandatory employment period. Party B should pay Party A the fees of training or house.
Article 13. Both parties shall settle all disputes relating to the employment contract through friendly consultation. In case that no settlement to disputes can be reached through friendly consultation by both parties, the disputes may be resolved through labor arbitration proceedings and litigations.
Article 14. Other circumstances according to the local regulation
Article 15. Others:
1. The contract is made out in two originals of equal force, one for each party. The contract comes into force immediately after the date of signing.
2. Any modification of this contract will be effective only if it is in writing signed by Party A and Party B.
3. The parties may rework the employment upon the expiration of the employment contract.
4. If this contract comes into conflict with the existing labor Law or regulations, the existing Labor Law or regulations shall prevail.
5. This contract supersedes any and all other contracts, either oral or written.
Part A’s Signature Part B’s Signature
XXX
Date: XXX
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