Labor Contract between Shaanxi Aoxing Pharmaceutical Co., Ltd. and Ronghua Wang dated June 30, 2010 (English translation)
EX-10.2 2 ex10-2.htm ex10-2.htm
Exhibit 10.2
(English Translation)
LABOR CONTRACT
Party A: Shaanxi Aoxing Pharmaceutical Co., Ltd.
Address: Chenyangzhai, Xianyang
Legal Representative: Ronghua Wang
Party B: Ronghua Wang
Address: Shenjia Xiaoqu, Floor 21, Room 3103, Qindu District, Xiayang
ID number: xxxxxxxxxxxxxxx
Party A and Party B (the “Parties”) hereby enter into the following agreement pursuant to the Labor Contract Law of the People’s Republic of China and other relevant regulations:
I. | Term of Employment |
1. | Part A agrees to employ Party B and enter into this labor contract (the “Agreement”). |
2. | Party B shall provide Party A with any requested documentations such as copies of his identification card, diplomas and qualification certificates. Party A may not return such documentations upon termination of the employment. |
3. | This Agreement is subject to a fixed term of five years (the “Term”). |
II. | Compensation and Bonus |
1. | The amount of Party B’s salary shall be determined by Party A according to relevant laws and regulations and taking into consideration Party B’s position and the operating status of the company. |
2. | Party A may grant a raise in salary to Party B based on his work performance and the company’s earning status. No raise shall be granted if Party B fails to reach required performance threshold. |
3. | Party A may grant bonus to Party B if he (i) acts as a role model in compliance with the company’s policies; (ii) makes significant contributions to the company; (iii) brings technical innovation to the company; or (iv) helps the company to obtain remarkable business benefits. |
4. | The amount of Party B’s year-end bonus shall be determined by Party A taking into consideration the company’s operating results, Party B’s position and work performance, and Party B’s length of service in the company. |
III. | Holidays and Vacations |
1. | Party B shall devote 8 hours per day and five and half days per week to the performance of his duties under this Agreement (a total of 44 hours per week). |
2. | Party B shall be entitled to paid marriage leave, maternity leave and bereavement leave in accordance with the laws and regulations, in addition to the official regulatory holidays and vacations. If Party B works upon Party A’s request on any of the official regulatory holidays and vacations, Party A shall allow Party B to roll over vacation times or pay overtime. |
IV. | Work Arrangements and Training |
1. | Party B is subject to Party A’s arrangements and alteration of Party B’s work duties. |
2. | During the Term of the Agreement, Party A shall provide Party B with training on and education of the company’s code of ethics, technical skills, production safety compliances and other company policies. |
3. | Upon the completion of Party B’s training, the Parties shall determine Party B’s term of service through consultation. Party B shall compensate Party A for all training fees if he breaches the agreed term of service. |
V. | Labor Insurance and Social Security |
Party B’s labor insurance and medical care have already been covered by his former employer. Party A will not cover such fees.
VI. | Termination of the Agreement |
1. | Party A may terminate the Agreement under the following circumstances: |
(1) | Party A experiences material changes of operation; |
(2) | Party B is incompetent in his work duties; |
(3) | Party B conducts serious violation of company policies; |
(4) | Party B’s serious gross negligence and malpractice cause material damage to Party A; or |
(5) | Party B is held in detention, reeducation through labor or sentenced to imprisonment for violating laws. |
2. | Party B may terminate the Agreement under the following circumstances: |
(1) | Party A fails to provide labor protection or working conditions as prescribed under this Agreement; |
(2) | Party A fails to pay compensations to Party B as prescribed under this Agreement; or |
(3) | Party A’s corporate policies are against the laws and regulations and detrimental to Party B’s benefits. |
3. | During the Term of the Agreement, Party B may resign from his position with proper reasons upon one month notice with Party A’s prior consent. Party B shall compensate Party A for training fees. Party B shall compensate any damage caused to Party A by Party B’s resignation without Party A’s prior consent. |
VII. | Rights and Ethics |
1. | Party B has the right to bargain with or raise questions to the management of the company in order to advance concerns. |
2. | Party B shall comply with laws and regulations and Party A’s corporate policies and code of ethics. |
3. | Party B is subject to disciplinary actions and fines if he violates Party A’s corporate policies. Party A may bring claims for compensation against any violating conduct by Party B that causes damages to Party A. |
4. | Party A may discharge Party B immediately if Party B (i) breaches the Agreement; (ii) engages in embezzlement and bribe-taking; (ii) conducts gross negligence or other conducts that are detrimental to the benefit of a third party; or (iv) commits a crime. Party B shall be liable for any damages caused to a third party as a result of his engagement in bribe-taking and other conducts. |
5. | Party B shall keep confidential any trade secret or information on intellectual property of Party A. Party B shall not disclose such confidential information to any third party during and upon expiration of the Term of the Agreement. Party B shall return to Party A all documentations and materials relating to Party A’s operation and business upon leaving his position in the company. |
6. | Party A shall only cover expenses and costs for accidents and work-related injuries that occur during Party B’s working hours. |
VIII. | Execution of the Agreement |
1. | This Agreement is effective from July 1, 2010 to June 30, 2015 upon execution of both Parties. |
2. | This Agreement is executed into two duplicates. Each party shall hold one duplicate. |
Party A: Shaanxi Aoxing Pharmaceutical Co., Ltd. (signature and stamp)
Party B: /s/ Ronghua Wang
Date: June 30, 2010