劳务合同(2005)(eng).doc

Contract No.ContractDate:_Made and Printed by China International Intellectech (Shanghai) CorporationContractParty A: China International Intellectech (Shanghai) Corporation Suzhou Branch(Hereinafter referred to as Party A)Party B: (Hereinafter referred to as Party B) On the basis of the stipulations in the Contract Law of the Peoples Republic of China and the Labor Law of the Peoples Republic of China, both parties hereby agree as follows based on the principles of good faith and mutual benefits:Chapter One General StipulationsArticle 1This contract applies to both Party A and Party B for the matters set forth herein related to dispatching employees by Party A at the request of Party B. The Parties may make an agreement independently on those matters that are not mentioned herein as the annex hereto with equal authenticity. If there is any inconsistency between this contract and the state prohibitive regulations newly promulgated (including the laws, regulations, rules and normative documents, similarly hereinafter), the latter ones prevail to the extent of the inconsistency. Article 2Party A shall legally enter into the Labor Contract or the Labor Agreement with the employed staff dispatched to Party Bs work place by Party A. Article 3The Parties shall make an independent agreement based on the relevant stipulations hereof, defining the detailed matters such as the management fee, staff to be dispatched and the employment period (see annex for details). Any modifications on such annex shall be advised of the other party 30 days in advance, and the relevant responsibilities and consequences shall go to the party who fails to fulfill a prompt advising.Article 4An employment relationship shall exist between Party B and the aforesaid employed staff. They may conclude an independent Employment Agreement based on the relevant stipulations hereof, defining their rights and obligations respectively and detailing salary, social insurance, welfare & benefits, working hours and working disciplines, etc. No violation of state prohibitive regulations and all stipulations hereof may be made in the aforesaid agreement which shall be submitted to Party A for file within 15 days.Article 5When purchasing real estate or concerning other civil affairs such as commodity loan (including indemnification), Party B and the employed staff shall sign an independent agreement defining each others rights and obligations; and any dispute rising out of it shall have no relationship with Party A nor with this contract, thus Party A shall be under no obligation of assuming any joint and several liabilities with the employed staff.Article 6Party B and the employed staff shall make an agreement on service period, defining each others rights, obligations and compensations with respect to overseas training, funded recruitment, etc.; and any dispute rising out of it shall have no relationship with Party A, thus Party A shall be under no obligation of assuming any joint and several liabilities with the employed staff. Negotiation shall be conducted in advance if the said agreement is to be appendices hereto.Article 7If Party B forms a non-competition clause with the employed staff, Party B shall, pursuant to applicable regulations of the State and Shanghai Municipalitylocal, make an agreement with the employed staff on economic compensation for the employed staff upon termination or discharge of employment relationship; Party B shall file the said agreement with Party A.Article 8Any modifications of such details as management fee, staff to be dispatched or employment period etc., which are referred in this contract and its annexes, shall be subject to the final noticesupplement agreement sent to signed by Party A by andParty B in written form, and the notice supplement agreementshall have equal authenticity with this contract.Article 9Both parties shall have the obligation of not disclosing the matters out of or related to this contract to any third party.Chapter Two Rights and ObligationsArticle 10Party A shall have the following rights:10.1. Party A shall have the right to request Party B for the relevant payment agreed herein or in its annexes.10.2. Party A may urge Party B for legal employment based on Chinas laws, regulations and relevant stipulations hereof and shall have the right to propose opinions and requests in writing for any illegal employment or actions executed by Party B that may damage the legitimate rights and interests of the employed staff. Party B shall response to Party A in written form within 5 working days upon receipt of the said written opinions from Party A. Party A may mediate a dispute between Party B and the employed staff at the request of the employed staff and Party B.10.3. If the applicants chosen at Party Bs discretion fail to meet the requirements of laws, regulations and Party As employment standards, Party A shall have the right to reject recruiting the mentioned applicants.Article 11 Party B shall have the following rights:11.1. Party B shall have the right to receive the services provided by Party A pursuant of this Contract.11.2. Party B may, through consultation with the employed staff in person, determine the salary and welfare and pay such salary directly to the employed staff, except for the agreement between Party A and Party B.11.3. Party B may legally define a probation period which is no more than 6 months for the newly employed staff according to relevant stipulations in Labor Law and different service years. During the probation period, Party B may terminate any employment if there is inconsistency with Party Bs employment criteria or conditions.11.4. For any employed staff who seriously break Chinas laws and regulations or Party Bs rules and systems (those of Party Bs rules and systems shall be made open in advance to the employed staff and be kept for file at Party A), and for any employed staff who commit breach of duty seriously or jobbery from which Party B suffers great loss (the criterion of great loss shall be made clear by Party B in its rules and systems), Party B may terminate the employment at any time without any obligations of economic compensation.11.5. Negotiate any deed of Party As which breaks stipulations of this contract and submit opinions in written form. And Party A shall response to Party B in written form within 5 working days once receiving the written opinions from Party B.Article 12 Party A shall have the following obligations:12.1. Party A shall urge its employed staff to actively comply with Chinas laws, Party Bs rules and systems and their Employment Agreement signed independently with Party B, keep Party Bs confidential business information undisclosed and maintain Party Bs legitimate rights and interests.12.2. Party A shall fulfill legitimate employment and dispatch procedures as follows:12.2.1. Procedures for employment or termination of employment;12.2.2. Procedures for social insurances;12.2.3. Procedures for basic public reserve fund;12.2.4. Issuance of various certificates and documents;12.2.5. Other welfare agreed by both Parties;Party A shall also provide relevant insurance and welfare & benefits for the employed staff according to the items and criterion stipulated in the annexes hereto upon receiving the management fee paid by Party B. The management fee shall be subject to adjustments of social insurance contribution base made by the nation and shall be negotiated between both parties for details.12.3. Party A shall help go through the passport application process for the employed staff that is going abroad at the request of Party B while the expenses occurred shall be for Party Bs account.12.4. Party A may make assessment and grant the qualified employed staff with a position title based on related regulations at the request of Party B.12.5. Party A shall help go through procedures for the employed staff that is going to be Party Bs Chief Representative at the request of Party B, while the expenses occurred shall be for Party Bs account, if any.12.6. Party A shall inform Party B in written form 15 days in advance of its office address change for business need. Otherwise Party A shall undertake the loss caused by its failure of informing.Article 13 Party B shall have the following obligations:13.1. Party B shall abide by the laws of Chinese government especially labor law and their related rules and regulations, and respect the ethical habits and religions of the employed staff. Neither racism nor sex discrimination is allowed.13.2. Party B shall respect related laws of China and governmental rules, paying Party A for various social insurance, welfare & benefits expenses which will benefit the employed staff (including the staff in the probation period). Party B shall undertake any related responsibility caused by its own breach of related laws of China and governmental rules.13.3. Party B shall strictly respect the statutory working-hour system based on the related laws of China and governmental rules. The working hours of the employed staff per day and per week shall not be in excess of 8 hours and 40 hours respectively. Compensatory leave or extra payment shall be provided according to Chinas laws, regulations and stipulations for overtime work arranged by Party B. 13.4. Party B shall guarantee the employed staff based on related laws of China and governmental rules, enjoying statutory holidays and paid leaves such as marital leave, mourning leave, visiting leave and maternity leave;13.5. Party B shall, based on the related Chinese laws and governmental rules concerning the medical period, guarantee the medical period of the employed staff whose injuries are caused by sickness or non-work related reason.13.6. Party B shall implement related provisions of Chinas laws and governmental rules and guarantee the legitimate rights and interests of the employed female staff who meets the requirements of the national family plan during their pregnancy period, confinement period and lactation period.13.7. Party B shall observe related provisions of Chinas laws and governmental rules, implementing an annual paid leave system.13.8. Party B shall observe related stipulations of Chinas laws and governmental rules, paying the funeral allowance and maintenance for the family of the employed staff dead due to non-work related illness or injuries.13.9. Party B shall observe related provisions of Chinas laws and governmental rules, paying the salary in cash on time. 13.10. Party B shall observe related provisions of Chinas laws and governmental rules on labor security and sanitation, providing the employed staff with a working place and conditions, sanitary establishments and conditions and also health check which meet national requirements.13.11. Party B shall inform Party A in written form within 24 hours since work-related injury happens to the employed staff during the employment period and help resolve related problems. Party B shall also undertake work-related injury insurance responsibilities as actual employer based on the stipulations of Chinas laws and regulations, paying related expenses.13.12. Party B shall insure its employed staff sent abroad for business or training with overseas personal accident insurance and medical insurance. Party B shall refer to the claim stipulations of insurance company, undertaking all responsibilities for the injury, disability or death of the uninsured employed staff.13.13. Party B shall participate in arbitration and litigation on labor affairs together with Party A, if the latter becomes the related party of the disputes caused by the matters set forth in Chapter Four hereof.13.14. Party B shall inform Party A in written form 15 days in advance of its office address change for business needs. Otherwise Party B shall undertake the loss caused by its failure of informing.Chapter Three Employment of Party As StaffArticle 14 The employment process is as follows:14.1. Party B shall provide Party A with legitimate and effective documents which have been registered or filed at competency authority and can serve as identification.14.2. The Parties shall, pursuant to this Contract, determine such matters as the number of the employed staff and their names, titles, employment period and related expenses, etc.14.3. Party B may sign an agreement with the employed staff, whose copy shall be submitted promptly to Party A for file.14.4. To deal with other matters required by Chinas laws and governmental rules or otherwise promised between both parties.Article 15 Party A shall legally go through the following procedures for the employed staff decided by Party B;15.1. Party A signs or renews Labor Contract legally with the employed staff decided by Party B, establishing labor relationship; or15.2. To go through temporary transfer procedures for service staff decided by Party B with the units who manage their labor relations;15.3. Party A goes through legitimate employment procedures for the employed staff;15.4. Party A presents relevant certification for the employed staff;15.5. To deal with other matters required by Chinas laws and governmental rules or otherwise promised between both parties.Article 16 Party A shall inform Party B promptly of incomplete materials which provided by employed staff and Party B shall help Party A resolve the problem. Chapter Four Conditions, Processes and Compensations for Termination of EmploymentArticle 17 Party B may terminate employment of the employed staff based on one of the following situations, and shall promptly inform Party A and present reasons for the termination and relevant certificates:17.1. The employed staff is confirmed not to meet the criterion or conditions of Party B during the probation period and Party B shall inform both the employed staff and Party A respectively in written form days prior to the completion date of the probation period;17.2. The employed staff seriously violates labor disciplines or rules and systems of Party B;17.3. The employed staff commits breach of duty seriously or jobbery, from which Party B suffers great loss;17.4. The employed staff shall have their criminal responsibilities investigated or be reformed through labor in accordance with the laws.Article 18 Party B may terminate employment with the employed staff based on the following situations by giving a 30-day prior written notice to Party A and the employed staff with reasons therefore specified:18.1 The employed staff can neither take up the original job nor any other kinds of new jobs assigned by Party B after completion of medical treatment for non-work related illnesses