Labor Contract (Fixed term)

EX-10.16 5 china1016.htm United States Securities and Exchange Commission Edgar Filing

Exhibit 10.16

No.: QB067             

Labor Contract

(Fixed term)




Party A:Xi’an Qinba Pharmaceutical Co.,Ltd.

Party B:Qiao Yufei

Sign Date:  2006  Year  12  Month  18  Day













According to stipulations of the “Labor Law of the People’s Republic of China”, “Labor Contract Law of the People’s Republic of China” and other relevant laws and regulations, in the principle of equality and mutual benefits, the Two Parties reach this Labor Contract (hereinafter referred to as This Contract) through friendly consultation.






Article 1 The basic information of the two parties

1. Party A: Xi’an Qinba Pharmaceutical Co.,Ltd.

Legal representative or authorized representative:Zhang Guiping

Registered Address: B0601, Chuangye Plaza, No.48 of Keji Road, Xi’an Hi-Tech Industries Development Zone

Business Address: B0601, Chuangye Plaza, No.48 of Keji Road, Xi’an Hi-Tech Industries Development Zone

2. Party B: Meng Qingjia

Gender: male

Census register type (non-agricultural class, agricultural class) non-agricultural class

ID Card No.: 210102195510245316       

or other valid certification name             No.        

Home Address 322 of 54 Building, Zhongxing Street, Heping District, Shenyang City, Liaoning Province

Residential Address in Xi’an Building No.19 of Ziwei Garden, Yiyuan Road, Gaoxin District, Xi’an City

The seat of the registered residence/household Shenyang City, Liaoning Province  

Province(City) Heping District(County) Zhongxing Street(Township)

 

Article 2 Terms of the Contract

3. This contract is a fixed-term labor contract.

The term of this contract shall commence on 2007 Year 1 Month 8 Day and ending on 2012 Year 1 Month 7 Day. The probationary period of this Contract shall end on Year Month Day.

 

Article 3 Working content and Working place

4. Party B agrees to work as Sales Supervisor (job title) according to Party A’s work demand.





5. Party B’s work area or place is in Xi’an according to Party A’s position (job title) features.

Article 4 Working Hours & Rest & Vocation

6. Party A carries out 8 hours labor time system.

For standard labor time system, Party B’s normal work hours shall be no more than 8 hours per day and be no more than 40 hours per week, and the rest days are Saturday and Sunday .

For the integrated computation man-hour system or unfixed man-hour system, prior administrative licensing for special labor time system should be got from the labor administration department.

7. Party A carries out vocations like

National Legal Holidays          

 

 

Article 5 Remuneration

8. The payment of salary shall be made before the 10th day every month in monetary

form. Month salary is 1,200 Yuan or carried out according to

        ∕            

 

 

Party B’s salary in the probationary period is  ∕   Yuan.

Other terms agreed by the two parties about the salary Company will set performance wage and implementated in accordance with Party B’s performance, if complete the profit target of whole year, company will reward Party B for .2% of company’s net profits; reward Party B for 1% of company’s excessive profits; and a certain amount of stock options granted.

9. When Party A’s production work is not adequate to let Party B work, Party A pays to Party B      ∕    Yuan as month living allowance or pays according to       







Article 6 Social Security & Welfare

10. The two parties participate in social insurance according to regulations of the States and Xi’an. Party A goes through the formalities related to social insurance for Party B, and undertakes corresponding obligations of the social insurance.

11. The medical treatment of Party B who is ill or injured not related to his/her employment should be carried out according to relevant regulations of the States and

Xi’an. Party A pays

60% of the salary

 

 

 

 

 

 

 

 

 

 

to Party B for the sick leave.

12. The treatment of Party B who suffers from occupational diseases or wounded in performance of duty should be carried out according to relevant regulations of the States and Xi’an.

13. Party A provides the following welfare to Party B social security benefit, pension

insurance, unemployment insurance, medical insurance, labor insurance and other

welfare State regulates.                                                   

 

 

Article 7 Working Conditions, Labor Safety and Protection against Occupational Hazards

14. Party A shall offer Party B the necessary occupational safety and health protection and working tools according to relevant regulations of Labor Safety of the States

15. Party A sets up safe production system according to relevant laws and regulations of the States. Party B shall strictly abide by the safety rules and disciplines made by Party A, prevent the industrial accident and reduce the occupational hazards.

16. Party A should establish and improve the occupational-disease-prevention system, reinforce the management and improve the level of occupational-disease-prevention.

Article 8 Terminations, Discharge of the Contract and the Economic Compensation

17. The Contract may be terminated,renewed and discharged according to the “Labor Contract Law of the People’s Republic of China” and other relevant laws and regulations of the States and Xi’an.






18. Party A should show the certificate to the Party B when discharging and terminating this contract, and go through the transferring procedures about files and social insurance for Party B within 15 days.

19. Party B should transfer the work according to the contract and pay the economic compensation during the work handover.

 

Article 9 Others agreed by the two parties

20. The two parties agree to add the following content to this contract:

                 ∕                                                    

 

 

 

 

 

Article 10 Labor Disputes and Others

21. Where a labor dispute between the parties takes place during the performance of this Contract, the parties concerned may seek for a settlement through consultation; or either party may apply to the labor dispute mediation committee of their unit 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.

22. The appendix of contract         ∕                                     

 

 

 

23. What is left unmentioned in the contract or any of the terms of this Contract should be inconsistent to the laws, regulations or policies of the States and Xi’an, the laws, regulations or policies of the State and Xi’an shall prevail

24. This contract shall have two originals and each party will have one.






 

 

Party A (official stamp) Xi’an Qinba Pharmaceutical Co.,Ltd.

Date: 2007-1-8

Party B (signature) Meng Qingjia

Date: 2007-1-8