CONTRACTOF EMPLOYMENT

 

 

 

SinoHub Electronics Shenzhen, Ltd (Herein after referred to as "the employer")

 

Address of employer:

 

 

Contact phone number:

 

Address of employee:

 

Contact phone number:

According to the relative terms and regulations in China Employment Law, the employer and the employee hereafter sign the following contract and agree to obey it.

 

 

1.1  The employer and the employee define the term of the contract in the b. way listed below:

 

a.  Fixed term: This contract will begin on __________ and continue until _______________.

 

b. No fixed term:  This contract will begin on May 11, 2005

 

c. After completing some work: This contract will begin on ___________ and continue until terminated on ______ when the work is done. The criteria of completion of the work is _______.

 

1.2  The term of the probation is N/A (The probation term is included in the term of the contract. If no probation, please specify N/A.)

 

 

a.           Job Title

 

 

3.1  The employer and the employee define hours of work in the way listed below:

 

a. Normal daily working hours will be ______ hours (no more than 8 hours), and the weekly working hours will be______ hours (no more than 40 hours).

 

b. No fixed working hours, i.e. after getting the approval of labor department, the employee will work without the regular fixed period of time.

 

c. After getting the approval of labor department, the employee will work and be paid according to the accumulated hours.

 

3.2  Overtime will only be worked if agreed upon between the parties as set out in Clause 41 in the Employment Law.

 

 

4.1 The employer must structure the wage system in compliance with relative laws and regulations and inform the employees. The employee wage shall be paid no less than the minimum wage of that year announced by the government.

 

4.2 Monthly wage of the employee is RMB 35,000 (The employee wage during probation is ________).

 

4.3 The employee wage shall be paid in cash on the last working day of every month for the month worked and shall be: ___________________________.

 

4.4 In terms of overtime payment, public holidays, Paid Time Off and other special conditions of the employee, the employer must comply with the Regulations of the Shenzhen Municipality on the Wage Payment to Employees.

 

4.5 Other agreements between the employer and the employee as listed below:

 

5.1 The employer must provide the employee with working environment compliant with the national sanitation standard and labor protection devices in order to protect the employees at work.

 

5.2 Employee is engaged in _________ which may lead to occupational harm ________, therefore, the employer must ___________, and organize the employees to take physical examination __________ (times) a year.

 

5.3 The employee is entitled to refuse to obey the instructions of the employer that are against the relative law and (or) regulations and may bring the harm to the security or health of the employee, who can report any such request to the relevant organizations.

 

 

6.1 The employer conducts social insurance procedures for employees. The insurance fee will be paid according to insurance law and regulations.

 

6.2 The employer offers sick leave and medical welfare when employee is sick or suffers injury not related with work.

 

6.3 The employer will comply with the Code of Occupational Disease Prevention of PRC and Work-related Injury Insurance Regulations when the employee has an occupational disease, is injured or dead.

 

6.4 The employee is entitled to take public holidays, annual leave, honeymoon vacation and maternity leave, etc. as specified by law.

 

 

7.1 The discipline and regulations that the employer establishes must be open and informed to employees.

 

7.2 The employee must obey the relative national, provincial and municipal discipline and regulations and those established by the employer, and complete the assignment timely.

 

7.3 The employee must obey the relative national, provincial and municipal regulations of birth-control.

 

 

This contract can be altered or modified with the agreement of both parties. Any changes of the contract must be in written form.

 

 

9.1 If one party or both parties of the contract proposes to dissolve the contract before the contract expires, the proposal must be compliant with the relative regulations.

 

9.2 The employer must pay the employee compensation if the employee conforms to the needed conditions.

 

9.3 When both parties dissolve the contract, the employer must inform the employee in written form and go through the corresponding procedure.

 

 

10.1 When the contract expires or when both parties agree to terminate the contract, this contract of employment is terminated. The employer must inform the employee in written form and go through the corresponding procedure.

 

10.2 When the contract expires, if both parties agree to renew it, needed procedures must be done 30 days prior to the expiration of the contract.

 

 

11.1 Liabilities of the employer:

 

11.2 Liabilities of the employee:

 

 

 

When a dispute about employment arises between both parties, they should first resolve this by resorting to consultations by themselves. If this fails, both parties can apply for mediation at the labor dispute mediation commissions, or apply for arbitration directly at the labor dispute arbitration commissions. If the parties agree to accept the decision of arbitration, they must fulfill it. If the parties refuse to accept the decision of arbitration over a personnel dispute, they may file an action in a people's court according to law.

 

 

 

14.1 For the matters not mentioned herein or terms against the applicable laws and standards, all matters must be carried out according to law.

 

14.3 This contract is effective on the date since both parties sign. Any sign of erasure or authorized signature without approval in written form is invalid.

 

14.4 This contract is in duplicate and is to be held by both parties.

 

THUS DONE AND SIGNED AT SHENZHEN, PRC ON THIS _______ DAY OF _______, ____.

 

 

 

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