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Labor Contract
Name of company: Beijing Jiguang Shengda Technology Co., Ltd. (Party A)
Name of employee: SUN Qian (Party B)
According to the laws and regulations of Labor Law of P.R.C., the contract is made to be abided by the both parties based on equality and free will.
1. Employment Period
The contract duration is 2 years. The contract shall take effect from Apr. 2, 2001 to Apr. 1, 2003.
2. Job Content
Party A appoints Party B as Manager in Printer Business Department.
3. Labor Protection and Working Conditions
Party A is required to provide Party B with the conditions of labor safety and sanitation, and necessary labor protective equipment to Part B according to relevant regulations of the state and government.
4. Working Time
According to the relevant regulations of the state and government, Party B works 40 hours a week and 8 hours a day averagely. Party A shall promise Party B at least a day off per week. Party A can prolong the working time by negotiating with Party B in case of business need, but the extended time is not permitted to be more than the longest extended working time regulated by the state.
5. Labor remuneration and Welfare Treatment
(1) Party A should pay the salary in form of currency RMB 3,000 on time and position allowance RMB 1,000 per month without deduction and default.
(2) In addition to the salary, Party B can get bonus of certain amount. The standard of delivering bonus is: depending on the operation status of the department and individual performance, and offered at the beginning of the coming year.
(3) If Party A extends the work time, Party A should compensate Party B 150% salary for the overtime. If Party A arranges Party B to work during rest days, Party A should compensate Party B 200% salary. If Party A arranges Party B to work during legal holidays, Party A should compensate Party B 300% salary.
(4) Party A should pay part of the social insurance premium for Party B according to the concerning regulations and the laws of the state, and Party B is willing to entrust Party A to deduct the other part of the social insurance premium .
(5) If Party B is injured for work or afflicted with occupational disease within the employment period, Party A should handle the matters according to the related state laws.
6. Working Discipline
(1) Party A has the right to formulate the regulations of the unit according to related regulations of the state and the city to guarantee the rights and obligations of Party B. Party A has a right to supervise the work performance of Party B.
(2) Party B should obey the present related laws, regulations and policies, and complete the occupational task actively.
7. Alteration, extension, cancellation and termination of the Contract
(1) The contract can be altered if it is necessary according to the actual situation; both parties should negotiate friendly and sign the agreement of labor contract alteration. If the agreement can not reach after negotiation, Party A has the right to terminate the contract and notice Party B by written form 30 days in advance.
(2) When the agreed conditions of contract cancellation occur, this contract is cancelled immediately. 30 days before the cancellation, both parties should inform each other in written form to extend or cancel the contract. If both parties are willing to extend the contract after negotiation, the extension contract should be signed before the cancellation term.
(3) Based on negotiation between both parties upon consensus, this contract can be terminated.
(4) Party A has the right to terminate the contract if Party B is in one of the following situations (In terms of the last three items, Party A shall inform Party B in written form 30 days in advance and pay Party B relevant economic compensation according to relevant regulations of the state and city. ):
1) Party B breaches duties and causes serious damages or violating the labor disciplines.
2) Party B is involved in a criminal lawsuit.
3) Party B is sick or injured because of employment and can not fulfill her responsibilities continuously after her sickness.
4) Party B is incompetent for the job, even after the training or the adjustment.
5) The objective situations that the contract is based on take changes and cause the contract failing to be implemented, and the contract can not be reached after both parties’ negotiation.
(5) Party A has no right to stop the contract in case that one of the following situations happens: (excluding item 1 and 2 in the above point)
1) Party B has occupational disease or hurt from the work and lose the ability of working.
2) Party B is sick or hurts not from the work, but within the treatment period.
3) Party B is in pregnancy, confinement or lactation period.
4) Other situations according to the laws and regulations.
(6) Party B has the right to terminate the contract in case that one of the following situations happens:
1) Party A forces Party B to undertake activities by violence, threat or restriction of Party B’s human freedom.
2) Party A can not pay Party B’s salary or provide her with the work conditions according to the contract.
3) Party A does not pay the social insurance for Party B according to the Handbook of Employees.
(7) In addition to the items above, Party B should negotiate with Party A in written form 30 days in advance. If Party A agrees to unconditionally terminate the contract or has no reply within 30 days, Party A should terminate the contract with Party B as soon as possible.
(8) When the duration of the contract ends, or situation for the termination of the contract happens, the labor contract is cancelled immediately.
8. Responsibilities of breaching the contract
Both parties should obey the labor contract, either party who breaches the contract and causes damage to other Party should give compensation.
9. Others
(1) The contract is printed duplications for Party A and B each, which are efficient since the signing day and have the same legal effect.
(2) Disputes shall be settled through negotiation or apply for mediation, arbitration and bring a lawsuit.
(3) Unmentioned matters in this labor contract shall be settled through negotiation.
(4) If the content of the contract is not in accordance with the state or municipal regulations, it should be implemented according to relevant state and municipal regulations.
(5) Other contents determined by Parties:
Party A: Beijing Jiguang Shengda Technology Co., Ltd. (sealed)
Legal representative: SUN Yi (signature)
Party B: SUN Qian (signature)
Signing date: Mar. 30, 2001
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