Labor Contract
Party A: Beijing ** Textile Products Company Limited Registered Address: No. 1, ** Road, Miyun Industrial Development Zone, Beijing
Operating Address: No. 1, *** Road, Miyun Industrial Development Zone, Beijing, Beijing, Beijing, Beijing, China Legal Representative: ：**
Party B：** Gender: Male
Household registration type: agricultural/non-agricultural ID card number: *******************X
Household address: Liaoyuan City, Jilin Province, Beishou Street, Committee 3, Group 5, Zip Code: 130012
Residence address in Beijing: Beijing Miyun Industrial Development Zone, No. *** Zip Code: 101500
On the establishment of labor relations between Party A and Party B and the regulation of the rights and obligations of the two parties, Party A and Party B in accordance with the "People's Republic of China *** and the State Labor Contract Law", "Beijing Regulations on Labor Contracts" (hereinafter referred to as the "Regulations") and China's relevant laws, regulations and policies, in the equal and voluntary, on the basis of consensus, and after friendly negotiation, signed the labor contract, in order to the two parties *** together to comply with.
Article I: Duration of the contract and probationary period:
This contract is a fixed-term labor contract with a validity period of 5 years from January 1, 2008 to January 1, 2013; of which the probationary period is 0 months.
Article II Work content and workplace:
1, Party B's workplace is ** company equipment section and raw in the workshop location . Party A may reasonably
adjust Party B's workplace according to the actual needs within the scope of its business, Party B agrees to this, and agrees not to be a change in this contract.
2, Party A according to the company's business development needs to arrange Party B to the production department equipment department, engaged in equipment section chief work, Party B shall be determined by Party A post duties, on time, according to quality, according to quantity to complete the work assigned by Party A;
3, Party A according to the needs of the production and management, and based on the Party B's ability [professional, skills, health] and work performance can be adjusted to Party B's
3, Party A according to the needs of the production and management, and based on the Party B's ability [professional, skills, health] and work performance can be adjusted to Party B
The work position of Party B (including but not limited to Party A's internal transfer or cross-regional transfer). Party B agrees to Party A's work arrangement and agrees that
it is not a change of this contract.
Article 3 Labor Conditions Labor Protection
1. Party A establishes and improves the work norms, operation procedures, labor safety and health system in accordance with the relevant laws and regulations of the state; and provides Party B
with workplaces that comply with the national safety and health standards, and the labor tools necessary for completing the work tasks.
2, Party A may depending on the actual situation of Party B's position, in accordance with national regulations to provide Party B with the necessary labor protective equipment and health
checks;
3, Party B must strictly implement the work of the state and Party A formulated norms, operating procedures, labor safety and health system, consciously to prevent the occurrence of accidents
and occupational diseases.
4, Party A, according to the needs of the work, Party B to carry out the necessary business, skills, technical training and occupational ethics, labor safety and health
the rules and regulations of education.
Article 4 Working Hours
1. Party A implements 8-hour working hour system for Party B's position.
2. When Party A needs Party B to work overtime due to work requirements, Party B shall be given overtime expenses in accordance with the relevant regulations of the State and Party A.
Article 5: Remuneration
1. Party A shall pay Party B's salary in monetary form before the 30th day of each month, and the monthly salary shall be RMB 1,100 Yuan.
2. During the probationary period, Party B's basic salary shall be 80% of the full basic salary mentioned above;
3. If Party A implements a new salary system, Party B's treatment shall be adjusted in accordance with the new system, but it shall not be lower than the current year's Beijing minimum wage standard.
4, Party A pays Party B's salary before (after) tax, Party B must pay personal income tax in accordance with state regulations and Party A withholding.
5. Party A implements the system of changing post and salary, Party A can validate and adjust Party B's salary according to different posts and the salary rules formulated by Party A.
6. Party A can also adjust Party B's salary level according to the company's business conditions, rules and regulations, economic benefits, Party B's assessment, as well as Party B's years of experience,
Records of rewards and punishments, etc., but cannot be lower than the Beijing Minimum Wage Standard for the current year.
Article VI Social Insurance and Welfare Benefits
1. Party A shall pay social insurance for Party B in accordance with the relevant provisions of the state and the Beijing Municipality, and Party A shall withhold the part that Party B should bear according to the law from Party B's salary according to the law;
2. The medical treatment of Party B for the illness or injury not caused by the work is implemented in accordance with the relevant provisions of the Beijing Municipality and the state, and Party B shall pay the medical treatment for Party B at the rate of 16 yuan for the effective time and medical period as stipulated by the state. Effective time as well as the medical period according to the standard of 16 yuan / day to pay Party B's sick leave wages
Article VII Labor Discipline Rewards and Punishments
1, Party B shall abide by the provisions of the state's laws and regulations, and social morality, professional ethics, and safeguard Party A's interests and reputation;
2, Party B must strictly abide by the labor discipline and the rules and regulations formulated and revised by Party A. Party B must also abide by the rules and regulations of Party A's work procedures, work procedures;
3. Party A may reward Party B for exemplary compliance with labor discipline, rules and regulations, and may punish Party B for violation of labor discipline, rules and regulations.
4. The consequences of Party B's violation of laws, regulations and labor discipline shall be borne by Party B itself. Party B shall be liable to Party A for any loss caused to Party A.
Article VIII: Performance and Change of Contract
1. Party A and Party B shall fully fulfill their respective obligations in accordance with the agreement of this contract.
2. Party A shall, in accordance with the agreement of this contract and the state regulations, pay Party B labor remuneration in full and on time and strictly implement the standard of labor quotas.
3. If Party A changes its name, legal representative, principal person in charge or investor, this contract shall continue to be valid and shall not affect its fulfillment.
4, Party A and Party B may, by consensus, change the contents of this contract in writing.
Article IX Cancellation and Termination of Labor Contract
1. A and B may cancel this contract by consensus.
2. Party B may terminate this contract, but shall notify Party A in writing thirty days in advance. Party B in the probationary period to terminate this contract, must notify Party A three days in advance.
3. Party B may terminate the labor contract if Party A:
(1) fails to provide labor protection or labor conditions in accordance with the agreement of this contract;
(2) fails to pay the labor remuneration in full and on time;
(3) fails to pay the social insurance premiums for Party B according to the law;
(4) the rules and regulations of Party A violate the laws and regulations, which harms the rights and interests of workers;
(5) other cases in which Party B may terminate the labor contract as stipulated by laws and administrative regulations.
4. Party B may terminate the employment contract if Party B has any of the following circumstances:
(1) proved to be incompatible with the conditions of employment during the probationary period;
(2) seriously violated the rules and regulations of the employing organization;
(3) seriously neglected his duties, engaged in self-serving activities, and caused significant damage to the employing organization;
(4) caused significant damage to the employing organization due to fraud, coercion, or taking advantage of others;
(5) other circumstances stipulated by laws and administrative regulations that Party B may terminate the employment contract. or coercion or taking advantage of a person's danger to make Party A enter into or change the labor contract in contravention of its true meaning, thus rendering the labor contract invalid;
(5) being investigated for criminal liability in accordance with the law.
5. In any of the following cases, Party A may terminate this contract after giving Party B thirty days' prior written notice or paying Party B one additional month's salary:
(1) Party B is sick or injured not due to work, and is unable to engage in the original work after the expiration of the stipulated period of medical treatment, or is unable to engage in the work arranged by Party A;
(2) Party B is unable to perform the work;
(3) Party B is not capable of performing the work;
(4) Party B is not capable of performing the work, and is not capable of performing the work. (2) Party B is unable to perform the work, and after training or adjusting the work position, is still unable to perform the work;
(3) The objective situation on which this contract was concluded has undergone the following significant changes, which makes it impossible to fulfill the contract, and after consultation between the two parties, they fail to reach an agreement to change the content of the contract:
(4) Party A adjusts the content of the service or changes the purpose of the business;
(5) The contract cannot be fully performed due to force majeure;
(6) The laws, regulations, rules and policies on which the contract was concluded have been modified or lifted;
(7) Other circumstances stipulated by laws and regulations.
6. This contract shall be terminated under any of the following circumstances:
(1) the expiration of this contract;
(2) Party B begins to enjoy the basic pension insurance benefits according to the law;
(3) Party B dies, or is declared dead or declared missing by the people's court;
(4) Party A is legally declared bankrupt;
(5) Party A is revoked its business license, ordered to close down or revoked, or the employer decides to dissolve early;
(6) other cases stipulated by laws and administrative regulations.
Article X Education and Training
1. If Party B, during the period of the contract, is funded by Party A for training (including internship and further training within or outside the country), Party A will sign a separate training
training agreement with Party B, which is part of the contract and has the same legal effect. If it is necessary to extend the contract period, Party A and Party B will sign another contract;
2. If Party B has been trained at Party A's expense during the contract period, if Party B is dismissed from the labor contract during the training period and the stipulated service period because of Party B's violation of the contract
or the company's rules and regulations or the training agreement signed by the two parties, the labor contract shall be terminated according to the provisions of the Party or the training agreement, and the labor contract will be terminated according to the provisions of the training agreement signed by the two parties and the training agreement will be terminated. p>
Payment of liquidated damages.
Article 11 Intellectual Property Rights
1. Party B must immediately make a
report to Party A for the invention, discovery
and improvement related to business during the contract period due to the execution of the tasks assigned by Party A or carried out by Party B during the working hours, no matter whether it is carried out by an individual alone or completed with other people***, no matter whether it is applied for patent, registered or not. Regardless of whether the invention or discovery is patented or registered, the ownership of the invention or discovery belongs to Party A and is the exclusive property of Party A, and Party B shall not claim to be the owner of such intellectual property rights, and Party B shall have the obligation to keep the secret;
2. If Party A expressly waives in writing the patent right or ownership of the invention, discovery and improvement made by Party B, Party B may
file a patent application for protection of such invention, discovery and improvement, etc., with a view to protecting such invention, discovery and improvement. p>file a patent application to protect such invention and may freely dispose of the patent right, but we retain the right to use
the invention in our business without compensation in perpetuity.
Article 12 Secrecy
1. During the term of this contract or after the termination or dissolution of this contract, Party B shall not disclose Party A's or Party A's
affiliated commercial entities' commercial secrets (including but not limited to Party A's production, operation and management information or technical information related to Party A's products) in any way to any individual or company, and Party B shall not use them to compete with Party A. Party B shall not use them to compete with Party A or use them for any
other purposes other than the performance of Party B's duties and obligations under this contract, and Party B must strictly abide by the confidentiality system formulated by Party A;
2. Records obtained by Party B in the course of its work and related to the business and work of Party A, and relevant information or other documents obtained by Party B shall be owned by Party A (including but not limited to drawings, blueprints and other documents obtained by Party B). (including but not limited to drawings, blueprints, production plans, technical data, memoranda, customer lists, formulas,
financial statements, sales data, etc.) obtained by you. Party B must return the above information and documents belonging to Party A before the expiration of the contract or leaving the company;
3. If Party B leaks Party A's secrets during the contract period or after leaving the company and causes economic loss to Party A, Party A will pursue Party B's responsibility for economic compensation
Repayment of compensation;
4. Party B should comply with Party A's confidentiality management system and the confidentiality agreement signed with Party A separately.
Article 13: Part-time work
During the validity of this contract, Party B shall not engage in any paid or unpaid part-time work similar to this industry without Party A's prior written permission, and Party A has the right to penalize according to the company's rules and regulations if it is found to have violated the rules and regulations and Party B shall hand over to Party A all of the income gained from the work and compensate for economic losses in accordance with the provisions of Article 14 of the present contract. The Company shall also compensate for the economic loss in accordance with the provisions of Article 14 of this Contract.
Article 14: Liability for breach of contract
1. If either party breaches the contract and causes economic loss to the other party (including but not limited to the expenses of recruiting employees, training fees paid for employees, direct economic loss caused to the production, operation and work, etc.), both parties have to bear the responsibility of economic compensation, and the specific
compensation will be based on the responsibility of the breach of contract and the economic loss caused to the other party. Size and the degree of economic loss caused to the other party to determine;
2, Party B in the period of this contract, the occurrence of violations of training, the provision of housing, confidentiality or the provision of other special treatment and other agreements signed,
Party A will be dealt with in accordance with the relevant provisions of the company or the agreement signed by both parties.
3. Party A and Party B agree that if Party B violates the provisions of this Agreement and a dispute arises, Party A has the right to inform Party B's new organization of the breach of contract, the specific circumstances of the dispute
(including arbitration by arbitration agencies, court judgments, etc.), and has the right to disclose it in the relevant media
in accordance with the law.
Article 15 Handling of Labor Disputes
Disputes between the two parties arising from the performance of this contract, the parties may apply for conciliation to Party A's Labor Dispute Conciliation Committee; if the conciliation fails to work out, the parties may apply for arbitration to the Arbitration Committee of Labor Disputes.
Article 16 Others
1, if the terms of this contract are contrary to the company's rules and regulations, the company's rules and regulations shall prevail;
2, one month before the expiration of this contract, such as both parties agree to renew the contract, the renewal of the labor contract should be renewed; if the contract expires, the two sides will not be renewed, Party B should be in accordance with the provisions of the Party A's labor rules and regulations. If the contract is not renewed, Party B should follow Party A's labor rules and regulations, including the handover of work, expenses paid
including the pre-employment formalities;
3, the two sides should be friendly negotiation to solve the outstanding issues in the contract; such as the need for an agreement, after consultation between the two sides to sign a separate supplemental agreement.
Signatories:
Party A: (seal)
Party B: (signature) B right thumb handprint:
Legal representative or authorized representative: (signature)
Date of signing: 31 December 2007
Renewal of the labor contract record
Renewal of a:
One, ( ) Fixed-term contract, the contract from the date of the month of year to the date of the month of year.
II. The content terms of the labor contract are as before.
Party A: (seal)
Party B: (signature) Party B's right thumbprint:
Legal representative or authorized representative: (signature)
Date of signing: January, 2012
Labor contract change letter
By the two sides of the equal and voluntary, agreed to the two sides of the labor contract entered into on the date of year as follows Change:
1,
2,
3,
4,
5,
6,
7,
8,
Party A: (Seal)
Party B: (Signature) B's right hand thumbprint:
Legal Representative or Authorized Representative Person: (Signature)
Date of signing: Month of the year