EnglishTranslation of Employment Agreement

(1) 

The workload of the original position is insufficient and it is consolidated with another position.

(2) 

The original position is canceled due to reorganization and corporate restructure.

(3) 

The original position is canceled due to equipment or technology update.

(4) 

The original position is canceled due to operational considerations.

(5) 

Demand caused by other reasons.

(1) 

Changing working location due to change of position.

(2) 

Changing working location due to ease of management for Party A.

(3) 

Changing department or company locations due to changes in operation strategy or conditions.

(4) 

Other changes caused by work demand.

(1) 

Party B cannot finish the required work quantity and/or meet the quality standards.

(2) 

Party B cannot meet the quota required by Party A.

(3) 

Party B has not passed performance examination.

(4) 

Party B’s working ability and performance cannot meet the standards required by his position.

(5) 

Party A has arranged a third party substitute for Party B due to Party B’s absence.

(1) 

Standard Work Time System: Party B works no more than 8 hours per day and no more than 40 hours per week. Party B does not work on Saturdays and Sundays. When Party A arranges Party B to work overtime, it must be pre-approved. If Party B works overtime without pre-approval from Party A, he will not be entitled to overtime benefit. Party B has the right to refuse overtime arrangement that is not pre-approved.

(2) 

Non-Fixed Work Time System: Taking into consideration the company’s attendance system, if it’s required by work, Party B shall extend his working time per company’s requirements. Except for weekends and holidays, Party B does not enjoy the overtime benefit. When company staff of company travel on company business, he or she will be working in accordance with Non-Fixed Work Time System.

(1) 

Pursuant to relevant PRC social benefit regulations, Party A shall pay the social benefit for Party B in full and on time.

(2) 

Pursuant to relevant PRC housing fund regulations, Party A shall pay the housing fund for Party B in full and on time.

(1) 

Party B refuses to execute company’s work related arrangement and requirements.

(2) 

Separation certificate shows that Party B lacks the requisite experience or expertise required by his work.

(3) 

Party B violated PRC law and regulations and was subjected to judicial fines.

(4) 

According to the examination results, Party B is not qualified for employment.

(1) 

Material violation human resources rules and system by Party B.

(2) 

Absence for over three days without good reason.

(3) 

Absence without leave for two or more times within a month.

(4) 

Handling personal errands during working hours for three or more times.

(5) 

Clocking in for other or have others clock in for him for three or more times.

(6) 

Submission of fictitious certificate for sick leave, pregnancy leave, wedding leave and funeral leave.

(7) 

Submission of fictitious work excuse certificate and overtime certificate.

(8) 

Willful submission of fictitious certificates, papers and other documents.

(9) 

Hiring relatives or other people related to Party B without pre-approval.

(10) 

Violation of salary, bonus and/or reimbursement policies.

(11) 

Refusal to execute company’s arrangement and its requirements.

(1) 

Personal phone calls during work hours for over two hours within one month.

(2) 

Uses company funds to make personal phone calls during non-working hours for over two hours within one month.

(3) 

When delivering goods, failure to show delivery note and/or leave the plant by force.

(4) 

Participation in work disturbance and/or negatively affect normal work environment and conditions.

(5) 

Willfully tarnishing company’s reputation through rumors.

(6) 

Stealing and damaging company property.

(1) 

Changing network setup beyond work scope, or negatively affect IT network or infect IT network with a virus.

(2) 

Using others’ computers for non-work related activities.

(3) 

Engaging in non-work related activities, such as stock trading, online games and operating personal website, during working hours.

(4) 

Using company network to download and spread documents, films or songs for three or more times.

(5) 

Connecting personal computer company’s network without pre-approval.

(6) 

Disassembling and/or assembling of company’s IT equipments without pre-approval.

(7) 

Using flash keys and/or other storage devises without pre-approval.

(1) 

Failure to collect receivables three months after the invoice is issued.

(2) 

Direct or indirect disclosure of company’s operating strategy, clients materials or bid document/prices to competitors.

(3) 

Direct or indirect introduction of customer to competitors.

(4) 

Damaging company’s profit with customers and distributors.

(5) 

Refusal to turn in payments.

(1) 

Violation of fiduciary duties and material negligence, with loss of RMB 3,000 or more.

(2) 

Willful actions that causes loss of RMB 1,000 or more.

(3) 

Failure to prevent damages to company or company property.

(4) 

Fictitious reimbursement over RMB 500.

(5) 

Receiving money or other items value over RMB 500 fromcustomers, distributors and/or suppliers.

(6) 

Violation of company regulations related to giving customer internal operating materials or staff archives without pre-approval.

(7) 

Use of company’s official seal, official documents and/or copy of the business license and articles of incorporation without pre-approval.

(1) 

Prior to Party B entering into this agreement with company, he has entered into another employment agreement with another company.

(2) 

After Party B enters into this agreement with company, he enters into another employment agreement with another company.

(3) 

After Party B enters into this agreement with company, he dose part time work for another company.

(4) 

After Party B enters into this agreement with company, he establishes his own company or individual business.

(1) 

If Party B does not enter into a separate training agreement, and Party B was trained at the expense of Party A, and if he dose not work for Party A for one year during training period or after training period, then Party B shall return the training fee in full.  If he does not serve for two years, then 2/3 of training fee must be returned and 1/3 must be returned if not serving Party A for three years. If Party B has served company for three years, no training fee need to be returned.

(2) 

If Party B has entered a separate training agreement, returns of training fees shall refer to terms of the training agreement.

(1) 

Business secrets means the information and technology invented, obtained or controlled by company, including (but not limited to) products and service that have not been released, marketing information, technology information, management method, regulations and system, business plan, purchase materials, purchase channel, bids and base price on bids, pricing policy, customer list and staff archives.

(2) 

Technology secrets refer the following that are researched and developed, or mastered by other legal methods, not released and can bring economic benefits or competitive advantages, including but not limited to design drawings (including draft), laboratory results and laboratory record, processes, formulas, samples, data and computer program etc. Technology information can be either technology solution with specified and complete technology that can formulate a product, process, material or their improvement or technology or partial technology elements that are included in a certain product, process, and material.

(1) 

Establish a company that competes with Party A.

(2) 

Work for Party A’s competitor.

(3) 

Work part time Party A’s competitor.

(4) 

Induces other staff of company to leave Party A.

(5) 

Engage in other competitive behavior.