劳动合同labor-contract.docx

Labor Contract of

Employer (Hereinafter referred to as“Party A”):
Registered Address:
Legal Representative:

Employee (Hereinafter referred to as“Party B”):
Permanent Address:
Current City Address:
Identity Card Number:

According to the Law of the People's Republic of China, both parties agree to enter into this contract regarding the employment relationship between Party A and B based on mutual agreement adhering to the principle of equality and voluntariness.

Article 1: Contract Duration and Probation Period
1.This contract is commencing from till . The Employee will be subjected to a probation period of 1 month, commencing from till
.
2.Execution of this Labor contract shall terminate at its expiration. At least 30 days prior to the scheduled expiration of the Term, both parties should offer a renewal of the contract if both parties intend to renew the contract.

Article 2: Working Content
1.Party B is employed as a .
2.Party A has the right to amend and adjust the position according to Party B’s ability and performance.
3.Party B agrees to carefully perform her work duties per the Company’s requirements, complete any required work tasks, and shall cooperate with his/her supervisor.

Article 3: Remuneration
1.The Employee’s monthly gross salary is , whichin total is RMB And the salary will be paid by the on the following month.
2.Party B shall pay the Individual Income Tax by himself/herself.
3.Party B shall obey Party A’s salary secrecy policy. Party B’s salary may not be disclosed to any third party.
4.Party B understands and agrees: when the working position changes, the third company could change the remuneration. Party B shall comply with the changes.

Article 4: Working Hours
1.Party B is under the standard working hour system of 40 hours a week (not including the meal break).
2.Based on the job demands,Party A has the right to arrange and adjust Party B’s working hours, but Party A has to negotiate with Party B in advance.

Article 5: Welfare and Social Insurance
1.Party B shall have rights to enjoy at least 30 workingday’s’vacation, including National Holiday.
2.Medical Leave/ Marriage Leave/ Funeral Leave/ Maternity Leave: Will be decided in accordance with Xiehe Group’s policies.
3.Party A shall pay Social Insurance for Party B in accordance with national regulations.
4.Party A shall offer a safe and healthy working environment for Party B in accordance with national regulations.

Article 6: Responsibilities of the Parties
1.Party A shall guarantee Party B’s legitimate rights and interests in accordance with national laws and regulations.
2.Party A should award Party B according to Party B’s performance and contribution to Party A, and obey the rules and regulations of both Party A and the country.
3.If Party B has committed any actions in breach of Party A’s regulations or rules, Party A reserves the right to penalize Party B in accordance with the relevant rules, and based on the seriousness of the case.
4.Party B should obey the national laws and regulations and carry out civil obligations and also obey Party A’s regulations.
5. Party B should be familiar with, and compliant with all of Party A’s regulations.
6. Any issues of complaints Party B may have, should be brought up through the appropriate channels, and should not influence the normal teaching arrangement.

Article 7: Labor contract and amendments
1.Any change in Party A’s name, legal representative, investors and so on, will have no effect on the contract.
2.In the event of a merger, or any change in ownership of Party A, this contract shall be continued with the Party which has undertaken the obligation.
3.Any changes to the Labor contract should be as a result of negotiation between the two parties. Both parties must sign to confirm any amendments made.

Article8: Employment Contract Termination
1. Party A may cancel the contract at any time, with no compensation to Party B under the following circumstances:
a) If Party B provides false personal information, and academic certification, or deliberately hiding serious illness or an infectious disease.
b) If Party B is found to be unsuitable for the position during the probation period.
c) If Party B does not follow working arrangements, breaks the laws, or breaks Party A’s regulations.
d) Accepting improper gifts or by exacting money by improper means
e) If Party B seriously neglects their duty resulting in Party A’s serious loss.
f) If Party B accepts paid work from a third party without Party A’s permission.
g) If Party B partakes in paid work with a third party whilst on personal or medical leave.
h) If Party B divulges confidential information resulting in Party A suffering a loss.
2. Party A may cancel the labor contract at any time, provided Party B is informed, in writing, 30 days in advance, under the following circumstances
a) If Party B, through injury or illness, can no longer meet the original job requirements after the official period of medical leave has expired.
b) If Party B is unable to meet the job requirements having been through training, and despite any adjustments to his/her position.
c) If, following a significant change to the contract, both parties are unable to come to an agreement through negotiation.
3. Should Party B wish to leave the contract, he/she must inform Party A, in writing, 30 days in advance.
4. This contract will be cancelled automatically under the following circumstances:
a) The employee is convicted of any crime.
b) Both parties are subject to force majeure.
5. Party A cannot cancel the contract in the event that party B is under the following circumstances:
a) [A female] is pregnant or breastfeeding.
b) Party B is taken ill, injured or incapacitated whilst at work, or partaking in work related activities.
c) Party B is taken ill, injured or incapacitated whilst on official medical leave.
d) Any other circumstances stipulated by current laws and regulations.
Article 9: Responsibilities for breach of contract
1. If Party A or Party B cancels the contract by breaking any of the terms or conditions, that party must take responsibility and make amends accordingly.
2. Should Party A breach the terms of the contract, compensation will be awarded to Party B according to national regulations.
3. In the event that Party B’s contract is terminated, Party B must pay back any outstanding fees for training, accommodation, visa, transportation or food that has been paid by Party A.

Article 10: Confidential information.
1. Party B must be aware that the following items come under Party A’s ‘Confidential Information’, and must not be copied for personal use, or passed on to a third party. In the event that confidential information is copied for personal use or passed on to a third party, Party A reserves the right to hold Party B accountable by law.
a) Party A or its affiliates business model or structure.
b) Any kind of work related documents or regulations.
c) The company’s trademark, logo, and name.
d) Party A or its affiliates, decoration, design, environment or any other content.
e) Any agreements, application reports and official documents.
f) Development programs.
g) Any legal action.
h) Financial statements business reports.
i) Staff income.
j) Any other important information saved on computers within the company and its affiliates.
2. Party B must not, under any circumstance, copy for personal use or pass on to a third party any of the above items for 2 years following his or her departure from, or termination of the contract. If, for any reason Party B does not comply, he/she will be held accountable by law.

Article 11: Resolving disputes.
1. Any problems or disputes that arise should be resolved by negotiation between both parties. If a solution cannot be reached, Party B ask Xiehe group to mediate. In the event that mediation is not successful, the dispute will be taken up by The Arbitration of Labor Dispute.
2. If The Arbitration of Labor Dispute is not satisfactory, a complaint may be lodged with the People’s Court.

Article 12: Others
1. If any items in the contract are against the law, rules and regulations, it will be held accountable to national law.
2. This contract is made in two originals with the company and employee each holding one original and both originals should have the same legal validity.
3. This contract has been provided in both Chinese and English. In case of discrepancy between Chinese and English, the Chinese text shall prevail.
4. Any matters not covered by this contract shall be decided in accordance with the relevant national laws and Party A’s regulations.

Party A: Party B:
(Sealed) (Signature)

Date of Contract: