Attached files
| file | filename |
|---|---|
| 8-K - TIENS BIOTECH GROUP USA INC | v199767_8k.htm |
Labor
Contract
1. Basic
Information of the Parties
|
(1)
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Party
A (Employer): Tianjin Tianshi
Biological Development Co.,
Ltd.
|
Legal
Representative(or Principal Responsible Person): Baolan
Li
Address:
No. 17, Xinyuan Road,
Wuqing New-Tech Industrial Park, Tianjin, P.R.China 301700
Phone:
_________________________________________________
|
(2)
|
Party
B (Employee):Baolan Li
|
Address
(current residential address): No.17,Xinyuan Road, Wuqing
New-Tech Industrial Park, Tianjin, P.R.China 301700
ID card
number (or other effective identification document number): _____
_________________________________________________
Phone:
______________________________________________
2. Term
of the Contract
|
(3)
|
The
term of the contract is of two (2)
of the followings:
|
1) The
term of this contract is __ years __ months and ___ days from
to ___
2) The
term of this contract is unfixed, from 20,
October,
the year of 2010.
3) As per
the duration for finishing a specific job, both parties agree as
follows:
BLANK HERE
|
(4)
|
The
probation of the contract isN/A
month (day), from BLANK
HERE date, BLANK
HERE month, the year of BLANK
HERE to BLANK
HERE date, BLANK
HERE month, the year of BLANK
HERE.
|
3. Duties
and Locations of the Work
|
(5)
|
To
fulfill the needs of business and work requirements of Party A, Party B
agrees to retain the position of Director of Tiens
Biotech Group (USA),
Inc.
|
|
(6)
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Locations
of the work: at Tianshi Group Co., Ltd. (and its
subsidiaries)
|
|
(7)
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See
detailed duties of the position in the position descriptions section set
forth in Functions Instruction Handbook of Tianshi Group Co.,
Ltd.
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4. Work
Hours, Leaves and Vacations
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(8)
|
In
consideration of the functions and duties of the Party B, Party A adopts
one of the following work hours system:N/A.
|
A. The
standard work hours system:
B. The
work system of comprehensive calculation of work hours:
The work
hours of Party B are arranged as below: BLANK
HERE
C. The
unfixed work hours system:
|
(9)
|
In
the event that Party A requires Party B to work overtime due to its needs
of business operations, Party A shall comply with relevant regulations of
the State and Tianjing City, and its relevant approval
procedures.
|
|
(10)
|
In
addition to vacations and leaves Party B is entitled to in accordance with
laws and regulations of the State, Party A and Party may agree extra
vacations s follows:
|
1) BLANK
HERE
2) BLANK
HERE
3) BLANK
HERE
5.
Remunerations
|
(11)
|
Party
A shall pay Party B monthly in cash, the pay date is the tenth day of
each month.
|
|
(12)
|
The
remunerations of Party B in probation is N/A/
month.
|
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(13)
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The
detailed paying methods, standards and relevant terms of remunerations are
as follows:
|
Yearly
remunerations: USD$40,000, paid monthly in twelve months.
6. Social
Insurance and Welfare
|
(14)
|
Party
A and Party B agree to join the social insurance, including senior care,
unemployment, medical care, employment injury, and maternity in accordance
with regulations of the State and Tianjing City, and perform the
obligation of paying premium to guarantee that Party B can enjoy the
rights to all kinds of social
insurance.
|
|
(15)
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Party
A shall deduct the insurance premium Party B should pay from Party’s B
salary and pay for it on Party B’s
behalf.
|
7. Labor
Protection, Work Conditions and Employment Injury Protection
|
(16)
|
Party
A shall strictly comply with the rules and regulations stipulated by the
State and Tianjin City to conduct the training for Party B on production
safety and operating procedures, and use its best efforts to improve work
conditions so as to protect Party B's safety and health in the course of
production.
|
|
(17)
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Party
A shall provide labor protective appliances to Party B in accordance with
the laws, regulations and rules of State and Tianjin City, and provide the
health examination to Party B in accordance with relevant
rules.
|
|
(18)
|
Party
B shall strictly abide by the rules on labor safety and hygiene and rules
on safe operations in the work
process.
|
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(19)
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If
Party B suffered from occupational disease, employment injury or death,
Party A shall provide Party B all kinds of treatments in accordance with
the relevant rules of State and Tianjin
City.
|
8.
Cancellation, Termination and Renewal of the Labor Contract
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(20)
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Party
A and Party B shall comply with the Labor Contract Law, when bilaterally
or unilaterally cancel or terminate this
contract.
|
|
(21)
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Party
B shall complete the handover procedure within thirty (30) days upon the
cancellation or termination of this contract. The details of the handover
lists Party B shall comply with when both parties cancel or terminate this
contract are as follows:
|
1. In accordance with the
relevant management rules of Party A.
2.
____________________________________________________________________
3.
____________________________________________________________________
Party A
shall pay Party B economic compensations and provide the certificate of the
cancellation or termination of this contract when Party A and Party B complete
the handover procedure.
9
Liabilities of Breach and Breach Penalties
|
(22)
|
In
the event that Party A paid the professional training expenses for Party
B, both parties agree the period of work and the breach penalty as
follows:
|
1)
BLANK
HERE
2) BLANK
HERE
3) BLANK
HERE
4) BLANK
HERE
5) BLANK
HERE
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(23)
|
If
Party B is one of the executive management personnel, senior technical
professionals and other personnel that shall assume the confidential
obligations, both parties agree the scope , geographic area, period of
time, economic compensations and liability of breach of the non-compete
covenant as follows (or see the special agreement both parties
signed):
|
1) See the confidential
agreement signed by and between both parties
10. Other
covenants
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(24)
|
Both
Parties, in accordance with the legal, fair, equal and voluntary
principles, agree the
followings:
|
1) See the “Group Contract” and
the “Regulation of Payment of Wages”
2) Party B shall carefully read
all the policies and procedures of Party A, and complies with
them.
11. Labor
Disputes
|
(25)
|
Any
disputes arising from and in connection with the performance of this
contract shall be solved through negotiations by both parties. In the
event that both parties fail to solve the disputes through negotiations,
either party may apply for arbitration to the labor dispute arbitration
committee with the jurisdiction. In the event that either party disagrees
with the arbitration award, it may file a suit at the People's
Court.
|
12. Other
Matters
|
(26)
|
Any
matters not covered in this contract shall be performed in accordance with
relevant laws, regulations and rules of the State and Tianjin City. In the
event that no relevant laws, regulations and rules apply, both parties
shall negotiate to resolve the
matter.
|
|
(27)
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In
the event that the terms of this contract are contrary to laws and
regulations of the State and Tianjing City, the laws and regulations of
the State and Tianjing City shall
prevail.
|
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(28)
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Both
parties shall carefully read this contract to understand their rights and
obligations.
|
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(29)
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This
contract shall become effective upon signing and sealing this contract by
both parties. Both parties shall strictly comply with the contract. This
contract is in two originals. One for each
party.
|
|
Party
A: (Seal) Tianjin Tianshi Biological Development Co.,
Ltd.
Legal
Representative or Entrusted Agent:
(signature
or seal)
/s/ Baolan Li
Baolan
Li
|
Party
B: (Signature)
/s/ Baolan Li
Baolan
Li
|
| Date: October 20, 2010 | Date: October 20, 2010 |
This is
to certify that the contract conforms to the regulations of the laws and
regulations of the State and Tianjin City through examination and
verification.
Certifying
Authority
(Seal): Certifying
Person (Seal):
Date: