EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (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:
ARTICLE 1: TERM.
1.1 The Agreement is for the duration of [_____________].
1.2 The probationary period shall commence on [_____________] and end on [_____________].
ARTICLE 2: JOB DESCRIPTION.
2.1 Upon execution of this Agreement, Employee's post (or position) is [_____________] at the following location: [_____________]. During the term period of this Agreement, Company may change Employee's above mentioned post (or position) or location based on Company's production, operation or working requirements or Employee's working capacities and performance, including but not limited to adjustment made to Employee's job description or work place, promotion, work transfer at the same level, and demotion, etc., or adjustment made to Employee's responsibilities without any change to Employee's abovementioned post (or position).
2.2 Employee agrees that Company will arrange Employee's work assignment according to the requirements during the term of this Agreement, and Employee must complete the required quantity, quality target or work assignment pursuant to the duties of the post (or position) in which Employee engages as well as the relevant requirements. When performing this Agreement, Employee may not exceed its scope of authority assigned to it by Company. Employee has agreed that during the term of this Agreement, Employee:
(a) Shall comply with the provisions herein, relevant laws and regulations and all of Company's rules and regulations;
(b) Shall, during the prescribed work time, exert all efforts, capabilities and technique to perform the obligations under this Agreement and use best efforts to assist Company to meet or exceed the contemplated commercial purposes;
(c) Shall keep compensation including, without limitation, salary, benefits, bonus confidential;
(d) Shall not engage in activities which may harm Company's interests, nor try to obtain private profit for itself or others by utilizing its position or authority in Company; and
(e) Shall not disclose Company's trade secrets.
ARTICLE 3: WORKING HOURS AND PAID HOLIDAYS.
3.1 Upon execution of this Agreement, subject to the requirements of Employee's post (or position), Employee's working hours may be any one of the following:
(1) standard/regular working hours: eight (8) hours a day and on average no more than forty (40) hours a week.
(2) integrated working hours: average daily and weekly working hours shall be subject to statutory standards.
(3) flexible working hours: flexible working hours subject to completion of assigned duties and responsibilities.
During the term of this Agreement, if there is any changes in applicable labor law and regulations or adjustments to Employee's post (or position), Company shall adjust Employee's working hours accordingly.
3.2 Employee shall be entitled to paid public holidays, such as: [_____________].
3.3 Company may arrange Employee to extend work time due to work needs, including arranging Employee to work overtime on weekends and holidays if needed. However, the overtime working hours shall not exceed the maximum stipulated by law or regulation.
3.4 Company may refuse to pay any compensation for Employee's extended working hours in the event that Employee extends its working hours without Company's request or approval.
ARTICLE 4 REMUNERATION
4.1 Company shall provide Employee with salary and treatment corresponding to Employee's post (or position) and in accordance with Company's salary allocation system.
4.2 During the term of this Agreement, Employee's salary shall be paid monthly by means of cash, bank transfer or any other method. Such payment shall include any allowances or subsidies, including but not limited to a transportation allowance.
4.3 During the term of this Agreement, Company may make corresponding adjustment and change to Employee's salary amount or salary criterion based on Employee's post or position change (circumstances in which Employee's work, duties or scope have changed while its post or position remains the same are also included), or Employee's performance, or Company's systems or policies relating to salary or position adjustment.
4.4 Where Employee suffers from a disease or has sustained an injury that is not work related, Company shall pay Employee sick pay during the medical treatment period, subject to Company's rules and laws and regulations.
4.5 Subject to applicable laws and regulations, Company may withhold or deduct of the following fees or amounts from Employee's salaries: (a) all indemnities or fines payable by Employee as decided by court judgments or arbitration awards, which require Company's withholding; and/or (b) any other lawful taxes, liens and fees.
4.6 Employee agrees to abide by Company's privacy rules related to employees' compensation and shall not publicly disclose Employee's compensation or obtain any other employees' compensation through unauthorized channels. If Employee decides to appeal its compensation (or remuneration), Employee may do so through Company's Human Resources Department.
ARTICLE 5: SOCIAL INSURANCE AND WELFARE.
5.1 Company and Employee shall contribute to employee pension insurance, unemployment insurance, medical treatment insurance, work-related injury insurance and other social insurance in accordance with the relevant provisions concerning social insurance as established by the State and local authorities. Company shall withhold the portion which should be paid by Employee from its salary as per the relevant Company rules and laws and regulations.
5.2 If Employee suffers from any work-related injury or occupational disease, Employee shall be entitled to compensation and treatment pursuant to applicable laws and regulations.
5.3 Company, subject to Company's economic performance and revenue, may pay a semi-annual or year-end bonus to Company's employees. If a discretionary bonus is paid, such bonus is based on each individual employee's performance evaluation and contribution to Company during the previous year. If Employee's employment was terminated prior to the performance evaluation date, Employee shall not be entitled to the bonus program.
ARTICLE 6: LABOR DISCIPLINE AND REGULATION.
6.1 Employee shall observe professional ethics and actively participate in the training organized by Company so as to improve professional skills.
6.2 Company may promulgate or amend Company's labor rules and regulations. Company shall notify such amendment to Employee by any method as Company deems appropriate (including but not limited to notice, announcement, circular, memorandum, employee's manual or declaration at a training or meeting, etc.).
6.3 Company may require Employee to indemnify Company's economic losses resulting from Employee's violation of laws or Company's internal rules and regulations.
ARTICLE 7: WORKING CONDITIONS, LABOR PROTECTION AND OCCUPATIONAL HAZARD
PREVENTION.
7.1 During the term of this Agreement and subject to laws and regulations, Company has agreed to provide Employee with working environment, conditions and equipment necessary to ensure Employee works in a safe and healthy environment; in addition, Company will actively coordinate with Employee to provide corresponding conditions for Employee to complete its obligations hereunder and to abide by the provisions hereunder as well as Company's internal rules.
7.2 Company shall provide Employee with necessary safety based on work needs. If Employee has to be exposed to an occupational disease hazard, such occupational disease hazard, the consequences thereof, the prevention measures and treatment shall be set forth in Company's administrative measures on labor protection or other relevant internal documents for Employee's reference.
ARTICLE 8: TERMINATION.
8.1 This Agreement may be terminated by either partyon [_____________] days prior notice.
8.2 Upon dissolution or termination of this Agreement by the parties for any reason, Employee shall immediately cease all activities conducted in the name of Company, complete outstanding business as per Company's requests, settle all accounts, carry out work handover, and return all Company's properties, including but not limited to:
(a) all documents and files with respect to Company, Company's management, operation and products and the copies thereof, which are maintained, used or controlled by Employee;
(b) name lists and information relating to Company's suppliers, clients and other contact units and individuals;
(c) software, disks and hardware containing Company's data and information; and
(d) instruments, uniforms, apparatuses, equipment and other office appliances which have been provided to Employee by Company for work purposes.
8.3 Upon expiration or termination of this Agreement, Employee shall follow the termination procedures prescribed by Company and carry out work handover (including returning properties). Any indemnification liabilities borne by Company shall be paid to Employee upon completion of the work handover.
ARTICLE 9: 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: ________________________________