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(The employment contract is established in compliance with relevant laws. It has therefore legal bindings and the parties have the obligations to perform this employment contract.)
The First Party: The Second Party:
Shenzhen subsidiary, DIC (China) Co., Ltd.
Legal representative:
Or authorized agent:
In accordance with the provisions prescribed in the Labour Law of the PRC and applicable labour codes of Shenzhen City and on the basis of mutual understanding, with a view to establishing an employment relationship and defining their respective rights and obligations, the First Party and the Second Party have negotiated on an equal basis, which leads to the agreement and conclusion of this Contract. The two parties shall abide by the provisions and agreements specified in this Contract.
Part 1 Term of the Contract
Article 1 The two parties enter into a contract with/without fixed term. The valid period of this Contract is years, starting from dd mm yy until dd mm yy, among which the probation period is months, starting from dd mm yy until dd mm yy.
Part 2 Contents of Work
Article 2 The Second Party agrees to take the responsibility of in the department of , as required by the First Party.
Article 3 During the term of this Contract, the First Party may, as required by production or work, reallocate the responsibilities and change the post of the Second Party, or relocate the Second Party within the corporation. When defining duties, the First Party shall take into consideration the performance and capabilities of the Second Party.
Article 4 The Second Party shall abide by the regulations and codes of the company; follow the orders or instructions given by the First Party; be obedient to the arrangement of duties and accomplish tasks in conformity with the requirements of the First Party.
Article 5 When the Second Party deems the change of post or work contents made by the First Party inappropriate, he may resign and this Employment Contract will consequently be terminated.
(Note: In case of the circumstances as of Article 5, it shall be regarded as termination by negotiation and the First Party shall make appropriate compensation to the Second Party.)
Part 3 Working System, Labour Protection and Working Conditions
Article 6 The First Party shall arrange a system of irregular working hours for the second party.
Article 7 The First Party shall provide a work environment which complies with the labour, safety and hygiene standards as required by the state; take practical and effective measures to improve work conditions and ensure the safety and health of the Second Party during the production process.
Article 8 The First Party shall provide the Second Party with necessary labour protection utilities as required by the post of the Second Party and in accordance with the relevant regulations of the state.
Article 9 The First Party shall implement special labour protection for female employees according to the regulations of the state.
Part 4 Remuneration
Article 10 The First Party shall determine the salary of the Second party based on the current responsibility hierarchy salary system and the position and responsibility of the Second Party. The First Party shall also determine the floating bonus for the Second Party based on the nature of his work, annual performance appraisal, his contributions and the overall performance of the company. When the post of the Second Party is changed, his salary shall be adjusted accordingly as per regulations of the First Party. The Second Party’s acceptance of the new post shall be regarded as his acceptance of his salary being redefined by the First Party to a level corresponding to his new post.
Article 11 The First Party shall adjust the salary of the Second Party at a proper time depending on the company’s performance, market salary trend, the Second Party’s technical and professional competence and his performance.
Article 12 The First Party shall guarantee that the salary of the Second Party will not be lower than the minimum wage prescribed by the local government. (For the specific salary of the Second Party, refer to employment notice or salary adjustment notice.)
Article 13 The First party shall make payment on the fifth day of each month for the previous month’s salary of the Second Party in form of currency. The bonus shall be paid on the fifteenth day of each month.
Article 14 The individual income tax charged on the income of the First Party, including his salary and bonus, shall be borne by the Second Party. The First Party shall perform withhold and remit for tax collection.
Part 5 Insurance and Welfare
Article 15 The First Party shall provide insurance for the Second Party, including retirement insurance, medical insurance, maternity insurance, unemployment insurance and other social insurance, as well as pay money into the housing fund for him, as required by the state. For that portion of the above that is expected to be paid by the Second Party himself, the First Party will withhold and remit from his salary.
Article 16 During the term of the Employment Contract, the Second Party is entitled to legal holidays, public holidays and paid leave such as marriage or bereavement leave, maternity leave, etc., as prescribed by the government.
Article 17 When the Second Party is sick or suffers from a work-related injury, which is serious enough that continuance of work would be inappropriate and medical treatment becomes necessary, upon the statement of sickness issued by a designated medical institute, the Second Party shall be entitled to paid medical leave for a period prescribed by the government or agreed upon between the two parties. Sick leave payment to the Second Party shall be equal to 60% of his salary.
Article 18 When the Second Party suffers from a work-related injury, which is serious enough that continuance of work would be inappropriate and medical treatment becomes necessary, he shall be entitled to medical leave for work-related injuries. The period of this leave shall be advised by the designated hospital and approved by the Enterprise Staff Working Ability Verification Commission. The Second party shall be entitled to compensation provided by the work-related injury insurance during the medical treatment period and his salary will be substituted by work-related injury benefit.
Article 19 In case of injury or death of the Second Party, which could be either work-related or non work-related, compensation shall be made in compliance with the provisions and procedures of the government or the company.
Part 6 Labour Disciplines
Article 20 The Second Party shall abide by the regulations and rules of the First Party that are set out in compliance with the law; strictly observe labour safety and hygiene codes, operation rules and work norms; take good care of the properties of the First Party and adhere to professional ethics; proactively participate in the training programs of the First Party and continuously improve his occupational skills.
Article 21 When the Second Party violates the labour disciplines, the First Party may impose appropriate disciplines according to the regulations of the company, which may include termination of this Contract.
Part 8 Amendment, Revocation, Termination and Renewal of this Employment Contract
Article 22 When amendments take place in the law, administrative regulations or rules, on which this Contract is based, this Contract shall be modified accordingly.
Article 23 When the circumstances on which this Contract are based change radically, resulting in the performance of this Contract becoming impossible, the relevant contents of this Contract may be modified upon mutual agreement between the two parties.
Article 24 This Contract may be revoked upon mutual agreement between the two parties.
Article 25 The First Party may terminate this Contract under any one of the following circumstances:
1. The Second Party is proved not qualified for the employment requirements during the probation period;
2. The Second Party severely violates the labour disciplines or regulations and rules of the First Party that are set out in compliance with the laws;
3. The Second Party commits serious negligence or is engaged in malpractice for selfish ends, which causes material damage to the interests of the First Party;
4. The Second Party is convicted of a crime or is given a sentence of rehabilitation through labour;
5. When the period of medical treatment expires, the Second Party is unable to perform either his former duties or other duties assigned to him by the First Party after sickness or non work related injury;
6. The Second Party is unable to perform his duties and remains such after training or reallocation of his post.
7. The two parties fail in reaching agreement on the modification of this Employment Contract in accordance with the provisions of the above Article 23.
8. The First Party enters into a bankruptcy proceeding or has serious difficulties in operation which makes staff cuts necessary.
9. Staff redundancy results from facility renovation, process improvement, restructuring or other changes in operational or technical conditions.
Article 26 The First Party is not entitled to terminate this Contract in any of the following events:
1. When the Second Party suffers from a work-related injury or occupational disease and is within the period of medical treatment or recuperation, or the treatment has ended and the labour verification commission at the municipal, district or county level verifies that all or most of his labour capacity is lost; (with the exception of mutual agreement between the parties on the revocation or termination of this Employment Contract.)
2. When the Second Party is sick or suffers from a non work related injury and is within the prescribed period of medical treatment with the exception of when any of Items 1, 2, 3, or 4 of Article 25 of this Contract applies.
3. When a female employee is within the period of pregnancy, maternity leave or nursing period, with the exception of when any of Items 1, 2, 3, or 4 of Article 25 of this Contract applies.
Article 27 The Second Party may terminate this Contract under any one of the following circumstances:
1. The Second Party is within the probation period;
2. The First Party fails to pay work remuneration or provide work conditions in accordance with this Employment Contract;
3. The First Party forces the Second Party to work by means of violence, intimidation or illegal confinement.
4. The Second Party informs the First Party of his resignation and the latter does not reply in written form within 30 days. (However, when any of the following applies, the Second Party shall perform his obligations under the Contract, otherwise he will be liable to penalties for contract breaching.)
(1) He has inflicted financial damage on the First Party and the issue is not yet settled;
(2) He is under investigation of state authorities and the case is not yet closed;
(3) The Second Party is bound by a compulsory service term with the First Party, arising out of training or housing funded by the latter, etc., which is not complete.
Article 28 When any party intends to terminate this Contract, he shall inform the other party of his intention in writing with thirty days’ notice (said notice can be substituted by one month’s salary). However, when this Contract is terminated according to the Item 1, 2, 3, or 4 of Article 25 or Item 1, 2, or 3 of Article 27, this notice can be waived.
Article 29 This Contract may terminate in any of the following circumstances:
1. The term of this Employment Contract expires;
2. The preconditions for termination of this Employment Contract agreed upon between the parties are met;
3. The First Party is dissolved, disbanded, closed or declared bankrupt;
4. The Second Party retires, quits, or dies.
。
Article 30 Upon the expiration of this Contract, it automatically terminates. This Employment Contract can be renewed upon mutual agreement between the parties.
Part 8 The Preconditions for Termination of this Employment Contract as Agreed between the Two Parties
；
Article 31 1. The Second Party is rated unsatisfactory in the annual performance appraisal for a consecutive three years;
2. The Second Party is absent for over three work days without justification or approval from the First Party.
When the above agreed preconditions for termination are met, the Employment Contract can be terminated. Except for Item 2 of Article 31, thirty days’ notice is required. For each entire year of service provided by the Second Party, the First Party shall pay compensation that is equal to his one month’s salary.
Part 9 Liabilities for Breach of Contract and Penalties
Article 32 When any party fails to perform his obligations under this Contract, he shall be liable for breach of contract. If any financial loss is caused to the other party, he shall compensate for the actual loss.
Article 33 During the term of this Contract, if the two parties enter into a separate special agreement, the compensation shall be made in accordance with it.
Article 34 When the First Party terminates this Contract according to Article 24, or Item 5, 6, 7, 8 or 9 of Article 25, or Item 3 of Article 29, or this Contract is terminated by the Second Party in accordance with the Item 2 or 3 of Article 27, the Second Party is entitled to appropriate compensation in compliance with the regulations of local government.
(Note: When this Contract is terminated according to Article 24, or Item 6 of Article 25, or Item 2 or 3 of Article 27, the compensation to be made normally shall not exceed 12 month’s salary of the employee.)
Part 10 Labour Dispute
Article 35 When any labour dispute arises during the performance of this Contract, the labour dispute procedure shall apply.
Article 36 The labour dispute procedure is: the dispute can be settled by negotiation between the parties, or be submitted to the Labour Dispute Mediation Commission for mediation, or alternatively submitted by either party to the local Labour Dispute Arbitration Committee for arbitration. When the arbitration method is adopted, the party who initiates it shall submit a written application within 60 days of the occurrence of the labour dispute. The party who is not satisfied with the arbitration decision may bring the case to the People’s Court in the place where the First Party is located within 15 days from his reception of the arbitration decision.
Part 11 Other Issues
Article 37 For the issues not covered in this Contract, they shall be addressed in accordance with the applicable laws, regulations and rules of the state and local government.
Article 38 The Special Agreement concluded by the two parties constitutes part of this Contract. The regulations and rules of the First Party that are formulated in compliance with the law, together with the Staff Manual, are attached to this Contract.
Article 39 This Contract has two original copies which are held by the two parties respectively. This Contract takes effect upon signature of the two parties. The two original copies shall have equal legal effects.
The First Party: The Second Party:
DIC (China) Co., Ltd. (Signature)
Legal representative or authorized agent
(Seal)
On the date of: On the date of :
Renewal of the Employment Contract
This Employment Contract is renewed upon mutual agreement between the two parties.
FiF
First Renewal of Contract
Valid from dd mm yy till dd mm yy.
The First Party: The Second Party:
DIC (China) Co., Ltd.
Legal representative or authorized agent
On the date of: On the date of :
Second Renewal of the Contract
Valid from dd mm yy till dd mm yy.
The First Party: The Second Party:
DIC (China) Co., Ltd.
Legal representative or authorized agent
On the date of : On the date of :
Third Renewal of the Contract
Valid from dd mm yy till dd mm yy.
The First Party: The Second Party:
DIC (China) Co., Ltd.
Legal representative or authorized agent
On the date of : On the date of :
Fourth Renewal of the Contract
Valid from dd mm yy till dd mm yy.
The First Party: The Second Party:
DIC (China) Co., Ltd.
Legal representative or authorized agent
On the date of : On the date of :
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Experience
Years of experience: 22. Registered at ProZ.com: Feb 2007.
I am a full time freelance translator specialising in Chinese to English translations. The areas I translate most are patents, contracts, Medical and pharmaceutical documents and industrial documents. Also, I can provide translations from Chinese into any language and vice versa through the translation companies that I worked for when I lived in China for two years.
Keywords: Mandarin, Chinese, fast service, high quality, competitive prices, all Asian and European languages covered, Medical, Industry, Patents
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