EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT (this "
Agreement"), dated as of [_____________], is between [_____________], a [_____________] corporation with an address at [_____________] (the "
Company") and [_____________], with an address at [_____________] ("
Employee").
The parties agree as follows:
1. TERM. The term of this Agreement shall expire on [_____________].
2. POST AND WORKING PLACE. Employee shall work at the place designated by Company. Company may adjust the post of Employee according to the working requirements and the competences of Employee.
3. WORKING TIME AND REST DAYS. Company shall observe the applicable national laws and regulations concerning Employee's working time. In consideration of the special conditions of Company's business, Company may, subject to the special requirements of business, make the corresponding adjustment on the working time and rest days of Employee, which shall be observed by Employee.
4. REMUNERATION. Company shall pay monthly salary to Employee with lawful money on the [_____________] day of each month. The monthly salary shall be equal to [_____________]. Overtime payments shall be subject to applicable laws and regulations. Company may adjust the salary paid to Employee according to its business operations, bylaws and the performance, experiences, compensation record and post change of Employee. The salary paid to Employee, upon such adjustment, shall at least be equal to those paid to other employees of Company with the same post, duty and work, provided, however, in no event such salary may be less than the minimum wage announced by the local government.
5. LAWS AND TRAINING. Company and Employee shall comply with all applicable laws and regulations. Company shall provide Employee with training concerning the requirements of labor safety, bylaws and business operation rules and skills. Employee shall take part in such training and strictly observe the corresponding requirements of labor safety and business operation rules related to Employee's post.
6. TERMINATION OF AGREEMENT. Company may terminate this Agreement at any time, for its convenience, for any reason or no reason, by providing Employee with [_____________] days prior notice.
7. GENERAL.
Entire Agreement and Amendments. This Agreement is the entire agreement between the parties and supersedes all earlier and simultaneous agreements regarding the subject matter. This Agreement may be amended only in a written document, signed by both parties.
Independent Contractors, Third Party Beneficiaries, and Subcontractors. The parties acknowledge that they are independent contractors under this Agreement, and except if expressly stated otherwise, none of the parties, nor any of their employees or agents, has the power or authority to bind or obligate another party. Except if expressly stated, no third party is a beneficiary of this Agreement.
Governing Law and Forum. All claims regarding this Agreement are governed by and construed in accordance with the laws of [____________], applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of law principles, and must be litigated in [____________], regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.
Assignment. This Agreement binds and inures to the benefit of the parties' successors and assigns. This Agreement is not assignable, delegable, sublicenseable or otherwise transferable by Employee in whole or in part without the prior written consent of Company. Any transfer, assignment, delegation or sublicense by Employee without such consent is invalid.
No Waivers, Cumulative Remedies. A party's failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of its rights under this Agreement. Except if expressly stated otherwise, all remedies under this Agreement, at law or in equity, are cumulative and nonexclusive.
Severability. If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.
Notices. All notices, including notices of address changes, under this Agreement must be sent by registered or certified mail or by overnight commercial delivery to the address set forth in this Agreement by each party.
Captions and Plural Terms. All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa.
IN WITNESS WHEREOF, the parties execute this Agreement. Each person who signs this Agreement below represents that such person is fully authorized to sign this Agreement on behalf of the applicable party.
COMPANY
By: __________________________________
Print Name: ___________________________
Title: ________________________________
EMPLOYEE
By: __________________________________
Print Name: ___________________________
Title: ________________________________