[分享]Labor-Contract-公司劳动合同(英文).doc

Co. Ltd.

and

Mr.
______________________________________________________

LABOR CONTRACT

0000-00-00
______________________________________________________

LABOR CONTRACT

THIS LABOR CONTRACT (this “Contract”) is made in Shenzhen Municipality, the People’s Republic of China (“the PRC”), on this 1__ day of ___August__, 2000 by and between Shenzhen Architecture & Landscape Design Co.，Ltd. a China enterprise, with its legal address No.1603, JiaHuiXinCheng, Futian dietrict, ShenZhen city(“the Company”), and Mr. Passport No. and having his residential address at, 033 Bypass Road Brgy. 06 Amadeo Cavite Philippines (4119) and having his residential address Unit 1503, Xing Hua Road, Hai Chang Dong Street, Shekou, Nanshan District, Shenzhen in P.R.C. (The “Employee”).

Each of Company and Employee herein after shall be referred to as a “Party” and collectively as “Parties”.

ARTICLE 1 - GENERAL PROVISIONS AND GOVERNING LAW

1.01 This Contract shall be subject to and governed by the Labor Law of the People’s Republic of China and other published and publicly available laws and regulations applicable to foreign investment enterprises in Shenzhen Municipality, the PRC.

ARTICLE 2 - TERM OF CONTRACT

2.01 This Contract will be for a term of one (1) year, commencing on October 20, 2009 and expiring on October 19, 2010.

2.02 This Contract may be renewed if both Parties agree to the renewal and sign a new labor contract within thirty (30) days before the expiry of this Contract. In the absence of a new employment contract duly signed by both Parties, this Contract shall terminate automatically upon its expiration.

ARTICLE 3 - APPOINTMENT AND DUTIES

3.01 The Employee during the term of employment hereunder shall serve the Company in the position of Landscape Designer/Project/CAD Manager, and shall perform the duties specified by the Company and any additional duties assigned to him/her by the Company from time to time.

3.02 The Company shall have the right to, upon agreement between the Parties, re-deploy the Employee to work in another similar position and/or to vary the duties assigned to him/her by the Company based on the business requirements of the Company and his/her performance.

3.03 The Employee shall devote his/her full working time and attention to the performance of his/her duties. During the term of employment hereunder, he/she shall not be employed by or engaged in any business activities of any other entity or person without the prior written consent of the Company. The Employee shall be subject to immediate dismissal for a violation of these obligations.

3.04 The Employee represents and warrants that at the effective date of this Contract, he/she is not employed by any other entity or person, that his/her employment by the Company under this Contract does not violate any contractual or statutory obligations pertaining to him/her and that he/she has full capacity to enter into this Contract. The Employee shall compensate the Company for all expenses that the Company may incur if this Contract violates any contractual or statutory obligations of the Employee.

3.05 The Employee shall at all times during the term of this Contract comply with any laws and regulations concerning his/her employment by the Company, including (but not limited to) requirements concerning work permits, household registration, payment of individual income tax, social security premiums and other taxes and fees payable by the Employee.

ARTICLE 4 - WORKING HOURS, STATUTORY HOLIDAYS AND
OTHER LEAVES

4.01 The Company shall implement a working hour system of seven and a half (7.5) working hours per day and thirty-seven and a half (37.5) hours per week with two (2) rest days per week. Overtime work shall be converted to day leave according to the rules of the company.
4.02 A paid annual leave of 10 days per year shall be given to the Employee. Such annual leave shall not include China statutory holidays, Saturdays and Sundays. The time when the Employee shall take the annual leave shall be subject to discussion between the Employee and the Company.

ARTICLE 5 - LABOR COMPENSATIONS

5.01 The Employee shall be paid a monthly net salary RMB in the two-month probation period.

5.02 The monthly salary of the Employee may be adjusted based on the business performance of the Company. After the two-month probation period the Employee shall be paid a monthly net salary RMB .

5.03 During the term of this Contract, the Company shall buy a personal accident insurance which is worth RMB for the employee.
5.04 During the term of this Contract, the Company shall pay the rent of a single- furnish room apartment for the employee.
5.05 The company shall shoulder all the employee’s expenses including the Visa Processing, Airfare (from Philippines to China, one way one time) and taxes.

ARTICLE 6 - TRAINING

6.01 The Company shall provide necessary training for the Employee as required for the Employee to discharge the duties hereunder.

ARTICLE 7 - WORKING CONDITIONS

7.01 The health and safety of all Employees is of the Company’s highest priority. Insofar as possible, the Company shall provide to the Employee a safe and hygienic working environment in accordance with applicable PRC laws and regulations.

ARTICLE 8 - DISCIPLINE AND INTERNAL RULES

8.01 The Employee shall strictly observe and implement all the rules and regulations in the [Employee Handbook or other] documents provided to the Employee by the Company from time to time. Any misconduct will lead to fines, verbal warning, written warning, and dismissal without compensation. Detailed disciplinary procedures are set forth in [the Employee Handbook].

ARTICLE 9 - TERMINATION OF CONTRACT

9.01 This Contract shall be terminated under any of the following circumstances:

(i) If the Parties terminate this Contract by mutual consent expressed in writing;

(ii) If, upon the expiration of the term of this Contract, no new labor contract has been entered into between the Parties and the Employee has not been retained by the Company;

(iii) If the Company terminates this Contract pursuant to the provisions of Article 9.02 hereof;

(iv) If the Employee terminates this Contract pursuant to the provisions of Article 9.05 hereof.

9.02 The Company may terminate this Contract under any of the following circumstances:

(i) When the Employee, who suffers from sickness or non-work related injury, cannot be engaged in his/her original work or other work reasonably arranged by the Company after a prescribed medical treatment period according to relevant PRC laws and regulations;

(ii) When the Employee is deemed by the Company to be incompetent in a position to which he/she has been assigned and remains incompetent after receiving training or being assigned to another existing position;

(iii) When the term of operation of the Company has expired or the Company is dissolved for whatever reason;

(iv) When the Company needs to reduce the number of personnel due to serious financial difficulties or when major production or operation problems arise;

(v) When the performance of this Contract becomes impossible due to a major change in the objective circumstances upon which this Contract was based at the time of its conclusion and the Parties fail to agree on any amendment of this Contract;

(vi) When the Employee is in violation of labor discipline of the Company;

(vii) When the Employee violates any PRC laws or regulations pursuant to which the Company is entitled to terminate the employment of the Employee; or

(viii) When the Employee is subject to criminal prosecution.
( ix ) When the Company deems the employee and not qualified for the post in the two-month probation period.

9.03 The Company may not terminate this Contract and dismiss the Employee under any of the following circumstances:
(i) If the Employee suffers from occupational disease or work related injury, and is confirmed by the relevant authorities to have lost or partially lost the ability to work;
(ii) When the Employee (if female) participating in family planning program is in pregnancy, maternity, or nursing period.

9.04 The Company may suspend the duties of the Employee when he/she is subject to an investigation of any disciplinary matter. If the investigation reveals that the Employee has committed any offence, the Company shall be entitled to terminate this Contract pursuant to Article 9.02(vi), (vii) or (viii).

9.05 During the term of this Contract the Employee may resign or terminate this Contract under any of the following circumstances:

(i) When the Employee is coerced into working by the Company by means of violence, threat or illegal limitation of personal freedom; or

(ii) When the Company has failed to pay the Employee’s wage in accordance with this Contract.

9.06 If the Company terminates this Contract pursuant to the circumstances stipulated in Articles 9.02(i), (ii), (iii), (iv) or (v), it shall give one (1) month’s prior written notice to the Employee or pay the Employee one month’s basic wage in lieu of such notice.

9.07 If the Employee terminates this Contract pursuant to circumstances other than those stipulated in Article 9.05 (i) or (ii) above, he/she shall give the Company Two (2) month’s prior written notice.

9.08 No compensation will be paid by the Company if this Contract has not been renewed upon its expiration.

ARTICLE 10 - LIABILITY FOR BREACH OF CONTRACT

10.01 If either Party commits a breach of this Contract that results in economic losses to the other Party, he/she/it shall be liable for damages to the extent of such losses and his/her/its responsibility for the breach.
ARTICLE 11 - LABOR DISPUTES

11.01 If any labor dispute arises between the Company and the Employee, the Parties shall attempt in the first instance to resolve such dispute through friendly consultations. Labor disputes which are not resolved within ten (10) days after a Party serves the other Party a written notice requesting the commencement of consultations will be settled by the procedures set forth in Article 11.02 below.

11.02 Labor disputes that are not resolved through friendly consultations in accordance with Article 11.01 above shall be settled according to the following procedures:

(i) Either Party may apply to the Shenzhen Municipal Labor Dispute Arbitration Tribunal for adjudication; and

(ii) If any Party does not agree with the adjudication of the Shenzhen Municipal Labor Dispute Arbitration Tribunal, it may institute legal proceedings at the local People’s Court within fifteen (15) days after receiving the Shenzhen Municipal Labor Dispute Arbitration Tribunal’s ruling.

ARTICLE 12 - CONFIDENTIALITY

12.01 The Employee shall not disclose to any person or organization the business affairs of the Company which are to be treated as confidential. The Employee agrees at all times during the term of the Employee’s employment and thereafter to hold in strictest confidence, and not to use, except for the benefit of the Company, or disclose to any person, firm or corporation without written authorization of the Company, any trade secrets, confidential knowledge, data or other proprietary information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, data bases, financial information or any other subject matter pertaining to any business of the Company or any of its clients, consultants or licensees. The obligations set forth in this Article 12.01 shall remain effective for a period of [three (3)] years following the expiration or termination of this contract. The Employee shall be responsible for all legal consequences of any violation of these obligations, including payment of compensation to the company for any financial loss suffered.

12.02 The Employee agrees that, during the term of the Employee’s employment with the Company, the Employee shall not engage in any other employment, occupation, consulting or other business activity directly related to the business in which the Company is now involved or becomes involved during the term of the Employee’s employment, nor will the Employee engage in any other activities that conflict with the Employee’s obligations to the Company.

ARTICLE 13 - MISCELLANEOUS

13.01 This Contract is executed the English language in two originals. Each Party shall hold one executed original.

13.02 Any amendment of the terms of this Contract shall be subject to the written agreement of the Parties.

13.03 This Contract shall take effect after it has been executed by the Company and the Employee.

By signing this Contract, the Employee declares that he/she has read, fully understands and agrees to comply with the terms and conditions of this Contract.

PARTY A (Employer):
PARTY B: (Employee)

Signature :____________________________ Signature: ___________________________

Name: Name:
Title:
Date: Date:
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