EMPLOYMENT AGREEMENT CONTRACT
THIS EMPLOYMENT AGREEMENT 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. Contract Period: The term of this Agreement is for [_____________] year(s) with probation period of [_____________] days.
2. Working Protection and Working Conditions. Company shall provide Employee necessary working protection facilities and working conditions, protection health articles or its allowance. Employee shall carry out the related bylaws of manipulation criterion of safety in production appointed by Company, and have the right to reflect or refuse the incorrect instructions and forced risky operations which threaten life safety arranged by management team.
3. Labor Compensation.
(a) Wage standard: Both parties agree to that the salary of the Employee is [_____________] per month.
(b) Payment forms: Company shall pay Employee with currency every month.
(c) Payment time: On the date of [_____________] each month for the salary payment of last month.
4. Labor Insurance and Welfare Treatment.
(a) Company shall transact social insurance for Employee in accordance with law, such as endowment insurance, medical insurance, employment insurance and birth insurance, etc., pay the full premiums.
(b) Employee's salary, holiday, annual leave, and sick pay shall be provided on the same basis as all other similarly situated employees under Company's policies and procedures.
(c) Company shall pay Employee overtime compensation in accordance with law.
5. Labor Discipline.
(a) Employee shall abide by all applicable laws and regulations and Company's bylaws.
(b) Company shall have the right to give Employee administrative sanctions or economic penalties because of the economic losses caused by Employee's breach of this Agreement by notice to Employee.
6. Alteration, Renewal, and Termination of Agreement.
(a) Alteration. This Agreement may be altered upon mutual written agreement between Company and Employee.
(b) Renewal. The Agreement may be renewed upon mutual agreement between Company and Employee upon the expiration of this Agreement.
(c) Termination. Ether party may terminate this Agreement by giving the other party 30 days prior notice.
7. Training and training expenses. During the valid term of this Agreement, Employee shall accept the training arranged by Company and Company shall pay for or reimburse Employee for all expenses incurred in such training.
8. 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: ________________________________