Attached files
Exhibit
10.3
Number:
EMPLOYMENT
CONTRACT
(2009
Version)
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Full
Name of Party A (Employer)
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| Jiangsu Dambon Mechanical & Electrical Co., Ltd. | |||||
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Type
of Business Registration
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Limited
Liability Company
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Legal
Representative (or
Principal Officer)
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Yuan
Qihong
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Registered
Address
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10-8
Meiya Road, Heping Village, Baohua Town, Jurong
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Zip
Code:
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212415
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Principal
Place of Business
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10-8
Meiya Road, Heping Village, Baohua Town, Jurong
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Zip
Code:
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212415
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Social
Security No.
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52080166
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Organization
Code
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797432141
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Contact
Dept.
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Admin.
Dept.
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Contact
Person
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Yu
Lei
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Contact
Phone
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025-85818009
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Name
of Party B (Employee)
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Yan
Liang
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Sex
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Male
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Education
Background
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University
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Date
of Birth
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March
1979
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Date
of Employment
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February
2010
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Identity
Card Number
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432801197903231015
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JIANGSU
PROVINCIAL DEPARTMENT OF LABOR AND SOCIAL SECURITY
In
accordance with the Labor Law
of the People’s Republic of China, the Regulations of Jiangsu Province on
Labor Contract and other relevant laws and regulations, this Employment
Contract is made by and between Party A and Party B on the basis of the
principle of equality and voluntariness, justice and equity, amicable
consultations, and good faith under the following terms and
conditions:
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I.
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TERM
OF EMPLOYMENT CONTRACT
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It is
mutually agreed that the term of the Employment Contract shall be defined in
Type A as
set forth below:
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A.
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Fixed-term
Employment Contract shall start from February 10,
2010 and end on February 9,
2013. Upon expiration, this Contract can be renewed after mutual
agreement reached by both parties through consultations. This Contract
shall be terminated if the two parties or either party refuses to renew
the Contract.
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B.
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Open-ended
Employment Contract shall start from _______________ (dd/mm/yyyy). If an
employee proposes or agrees to renew and conclude the Employment Contract
in any of the circumstances as specified in Article 14 of the Labor Contract Law, an
open-ended employment contract shall be
concluded.
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C.
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This
Contract shall take effect as from February 10,
2010 and shall be terminated upon completion of the job assignment
of (Such job
assignment shall be determined by Party A prior to the execution of this
Contract and the target to be achieved shall be well defined and
specific.)
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II.
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SCOPE
AND PLACE OF WORK
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1.
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Scope
of Work
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(1)
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After
consultation with Party A, Party B shall be engaged in the work of Business Management in
the capacity of CFO based upon the requirements of Party A. Party A
may reassign Party B to other work post on the basis of the principle of
rationalization and good faith according to the needs of the work and the
appraisal results of Party B’s performance. Party B shall submit itself to
Party A’s arrangements.
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(2)
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The
scope and requirements for Party B’s work arranged by Party A shall
conform to the rules and regulations lawfully established and published by
Party A. Party B shall perform its labor obligations in accordance with
the scope and requirements for the work arranged by Party
A.
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1
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2.
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Place of Work: 10-8 Meiya Road,
Heping Village, Baohua Town,
Jurong
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III.
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WORKING
HOURS, REST AND VACATIONS
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(1)
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Both
parties, as a result of amicable consultations, agree that Party B shall
work 40 hours a week on the average, and the working hours and rest shall
be determined by Type A set forth
below:
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A.
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Party
A practices the working hour system under which Party B shall work for
eight (8)
hours a day.
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The
specific work schedule is arranged by Party A as follows:
Workday: Monday to Friday ;
Working
Hour:
am. to
pm.
Rest Day:
Saturday and
Sunday
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B.
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Party
A practices the three-shift workday system under which Party B shall
work shifts a
day.
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C.
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Party
A shall assign Party B to the job of
, which belongs to the flexible working hour system. Both parties
shall execute the provisions of flexible working hour system in accordance
with the law.
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D.
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Party
A shall assign Party B to the job of
, which belongs to the comprehensive working hour calculation
system. Both parties shall execute the provisions of comprehensive working
hour calculation system in accordance with the
law.
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(2)
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Party
A shall strictly abide by the statutory working hours and exercise the
control on the overtime work to guarantee Party B’s good rest, physical
and mental health. When Party A must arrange for Party B to work overtime
due to the job requirements, Party A shall consult with the labor union
and Party B to obtain their consents, and shall grant Party B compensatory
leave or overtime pay for working overtime in accordance with the
law.
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(3)
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Party
A shall arrange for Party B to take annual vacation with
pay.
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IV.
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LABOR
PROTECTION AND WORKING CONDITIONS
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(1)
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For
any work post with the possible hazard of occupational disease, Party A
shall fulfill its obligation of telling the truth to Party B, educate
Party B on occupational safety and health, prevent accidents in the
process of work and reduce occupational
hazards.
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(2)
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Party
A shall provide Party B with occupational safety and health conditions
conforming to the provisions of the State and necessary articles of labor
protection, and provide regular health examination for Party B engaged in
work with occupational hazards.
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2
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(3)
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Party
B must strictly abide by rules of safe operation in the process of work.
Party B shall have the right to refuse to operate if the management
personnel of Party A command the operation in violation of rules and
regulations or force Party B to run risks in
operation.
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(4)
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Party
A shall provide Party B with special protection in accordance with the
provisions of the State concerning the special protection to female and
juvenile workers.
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(5)
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When
Party B suffers from illness or non-industrial injury, Party A shall
execute the provisions of the State concerning the medical treatment
period.
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V.
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REMUNERATIONS
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Party A
shall, at least once a month, pay the wage to Party B in the form of currency.
The wage paid to Party B shall not be deducted or delayed without justification.
When Party B provides its normal labor within the statutory working hour, the
wage paid to Party B by Party A shall not be lower than the local standard on
minimum wages.
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(1)
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Party
A undertakes that the 15th day of each
month shall be the date of wage
payment.
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(2)
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Party
B’s monthly wage during the probation period shall be RMB12,000.00.
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(3)
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After
mutual agreement by both parties, Party B’s remunerations are determined
by Type A
set forth below:
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| A. | Party B’s remunerations shall be determined by the internal wage distribution regulations as defined in the bylaws formulated by Party A in accordance with the law. The monthly wage paid to Party B shall be RMB15,000.00 based on its work post |
| B. |
Party
A shall adopt the internal wage distribution regulations integrating basic
wage with performance pay. The basic wage paid to Party B shall be
determined as RMB /month
and readjusted in the later time in accordance with the internal wage
distribution regulations. The performance pay shall be determined in
accordance with the internal wage distribution regulations on the basis of
Party B’s job achievements, work results and actual
contributions.
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| C. |
When
Party A practices the piecework wage system, Party B’s quota of work shall
be fixed in accordance with the standard that more than 90% of laborers
doing the same work in the same company can reach such quota within the
statutory working hour. When Party B reaches the quota of work as
prescribed by Party A within the statutory working hour and with the
quality guaranteed, remunerations shall paid timely in full by Party A to
Party B.
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3
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(4)
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Party
A shall raise Party B’s wage to a reasonable level based on its economic
results, the guiding wage level and the guiding wage standard published by
the local government. Party B’s wage raising method shall be determined by
the following:
(collective bargaining agreement or internal regulations for normal wage
raise).
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(5)
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Party
B’s overtime pay shall be calculated on the basis of the rate of local
standard on minimum wages.
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(6)
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Party
A shall deduct Party B’s wage of the day of absence during the period of
Party B’s leave of absence to attend to private
affairs.
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(7)
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Party
B is entitled to vacations with pay (marriage leave, funeral leave, annual
vacations, and family-visit leave), and the remunerations paid to Party B
shall be based on Party B’s normal
wage.
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VI.
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SOCIAL
INSURANCE AND WELFARE
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(1)
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Both
parties shall, in accordance with the law, participate in social insurance
and pay insurance premiums in a timely manner. The portions to be paid by
Party B according to law shall be withheld by Party A from Party B’s
remunerations.
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(2)
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Party
A shall announce to the public the information on payments for Party B’s
various social insurance premiums, and Party B shall have the right to
check with Party A on the payments for its various social insurance
premiums. In this case, Party A shall render all necessary assistance to
Party B.
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(3)
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When
Party B suffers from an industrial injury, Party A shall be responsible to
provide prompt rescue, apply to the labor and social security
administrative department for determination of industrial injury within
the specified time limit, proceed with the appraisal of Party B’s physical
disability in accordance with the law, and perform necessary obligations
to enable Party B to enjoy the medical treatment for industrial
injury.
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(4)
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Party
B is entitled to the welfare treatment as prescribed by the State’s
regulations, and Party A shall execute such
regulations.
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4
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VII.
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LABOR
DISCIPLINE
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Party A
shall formulate the labor disciplines in conformity with the provisions as
specified by the laws, regulations and policies, go through the democratic
procedures and make announcement to Party B. Party B shall submit himself to
Party A’s such labor disciplines.
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VIII.
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PROVISIONS
OF CONSULTATION
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Both
parties, as a result of amicable consultations, mutually agree to choose the
agreed covenant as defined in Subparagraph set forth
below:
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A.
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Where
Party B’s work involves Party A’s trade secrets, Party A shall,
beforehand, consult with Party B on matters concerning the maintenance of
the trade secrets or the restriction of business competition, and sign
with Party B the confidentiality agreement or non-compete
agreement.
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B.
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Where
Party A pays to recruit or train Party B and demands Party B to serve a
specific term, a prior consent shall be obtained from Party B and a
separate agreement shall be signed to clarify the rights and obligations
of both parties.
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C.
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Where
Party A pays or has paid to provide Party B with other special treatments,
such as the (i.e.,
housing, car, etc.) and demands Party B to serve a specific term, a prior
consent shall be obtained from Party B and a separate agreement shall be
signed to clarify the rights and obligations of both
parties.
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D.
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Party
A agrees to provide Party B with the additional endowment insurance
(annuity) and the additional medical insurance with the specific rates set
forth below:
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E.
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Party
A agrees to provide Party B with the following welfare
treatment:
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F.
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Other
matters to be agreed upon by both parties:
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5
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IX.
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SETTLEMENT
OF LABOR DISPUTES
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| (1) |
Where
a labor dispute takes place from the execution of this Contract, both
parties may seek for settlement through consultations. In case neither
party agrees to settle the disputes through consultations or in case no
settlement can be reached through consultations, the parties involved may
apply to the labor dispute mediation committee of their company for
mediation. If the mediation fails and one of the parties requests for
arbitration, that party may apply to the labor dispute arbitration
committee for arbitration. Either party may also directly apply to the
labor dispute arbitration committee for arbitration. The party that
requests for arbitration shall file a written application to a labor
dispute arbitration committee within sixty (60) days starting from the
date of the occurrence of the labor dispute. If one of the parties is not
satisfied with the adjudication of arbitration, the party may bring a
lawsuit to a people’s court within fifteen (15) days upon receipt of the
ruling of arbitration.
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| (2) |
Party
B shall have the right to expose and report to the labor and social
security administrative department and the proper authorities Party A’s
acts in violation of laws, rules and regulations on labor, which infringes
upon Party B’s legitimate rights and
interests.
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X.
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MISCELLANEOUS
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| (1) |
During
the term of this Employment Contract, for the convenience of mutual
contacts, Party B shall notify Party A promptly of any changes to Party
B’s permanent residence, current address or contact
method.
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| (2) |
Any
other matters not mentioned or included in this Contract shall be handled
in accordance with the regulations of the State. In the absence of such
regulations, both parties shall resort to amicable consultations on the
basis of the principle of equality.
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| (3) |
This
Contract is void if altered.
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| (4) |
This
Contract may be written in both Chinese and other languages. In case of
any discrepancy between the Chinese and other versions, the Chinese
version shall prevail.
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| (5) |
This
Contract is made out in duplicate, and each party shall hold one identical
copy.
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| (6) |
This
Contract becomes effective as of February 10,
2010.
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6
IN
WITNESS WHEREOF, the undersigned have executed and delivered this Employment
Contract as of the date set forth below.
Signed by
Legal
Representative: Party
B’s Signature:
or
Authorized Agent:
Sealed by
Party A:
Date:
February 5,
2010
Date: February 5, 2010
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