No.:
Labor Contract
For
Workers in Guangzhou City
Employer (Party A): Guangzhou Economy & Technology Development Zone Electric Power Co., LTD
Address: Rm. 209 & 210, Complex Building, No. 14-16 Xingang Road, Economy & Technology Development Zone, Guangzhou City
Employee:
ID No.:
Printed by Guangzhou Labor and Social Insurance Bureau
Direction
I. Both Parties shall carefully read the contract before affixing signatures on it. Once the contract is concluded, it bears legal force and both Parties shall strictly abide by.
II. Employer’s (Party A’s) representative (or a proxy entrusted by Party A) must affix his / her signature and seal on the contract and the employee (Party B) must affix his / her signature and seal on this contract, after that, a seal of the employer shall be affixed on the contract, otherwise, this contract will the invalid.
III. This contract applies to any employer of the city and the labor employed by the company, the nature of labor (including contract labors, contract labors moved in from other cities and the labors that are not citizen of the city) shall be clearly stated in the first passage of the contract, but the contract term of labors that are not citizen of the city (excluding labors applying for moving their citizenship to the city) shall not be over one year.
IV. The empty place in this contract shall be filled in after negotiation of both Parties, and the empty place unnecessary to be filled in shall make a “/”
V. Those unmentioned things in this contract may be listed in the place of “items to be clarified by both parties”, or a supplementary contract may be otherwise concluded. The supplementary contract otherwise concluded shall be the attachment of this contract and shall be implemented together with this contract.
VI. The contract shall be filled in with a fountain pen, and the filled words shall be legible, clear, and accurate and must not be altered willingly.
VII. This contract is made in triplicate (including attachment). After notarization, both Party A and B shall respectively keep one, and one shall be kept by notary authority. Each copy of the contract bears the same legal force. This contract may be invalid if it is altered or signed by a proxy without legal authorization.
Guangzhou Economy & Technology Development Zone Electric Power Co., LTD (Party A) employs Wu Shaohua (Party B) as contract labor. According to The Labor Contract of the PRC and The Regulations on Labor Contract of Guangzhou City and other law and regulations, and on mutual equality and unanimous negotiation, both parties enter into this contract for forming labor relationship and for mutual observance.
Article 1. Term of the contract
(1) Both parties agree to the term of the contract according to the first type of the following terms;
a. Fixed Term: from Apr. 1, 2002 to Apr. 1, 2004. The contract term is Two Years.
b. Flexible Term: from to legally agreed termination term or the termination term agreed in this contract.
c. The Term agreed for completion of assigned work: from till the work assigned is completed, and the completion of work shall be the symbol.
(2) Both Parties agree that the first months of the valid contract term is the term of probation.
Article 2. Works
1)Party B’s position (place, department, species of work and position): Accountant
2) Party B’s commission or duty: to complete his mission according to required work.
By following the quality and quantity, Party B shall complete the production (work) commission normally appointed to him by Party A.
Article 3: Remuneration
(1) Party B’s salary standard is RMB Yuan/month for the months on probation.
(2) After probation term expires, Party A shall confirm Party B to enjoy the following type 1 salary according to Party A’s salary system.
a. Hourly wage: Party B’s salary is composed by following parts: standard salary , allowance, , , , , , , , ; under normal working condition, the lowest salary standard to Party B is RMB 1000 Yuan/month.
b. Piece rate: under normal working condition, the lowest salary standard to Party B is RMB
Yuan / month, and the left shall be paid to Party B according to unit price of each finished piece and completion of work by Party B.
c. Post salary: Party B’s post salary standard is RMB Yuan / month; if party B’s post is reappointed, party B’s salary shall be executed according to the salary standard of new post.
d. Other form of salary: details shall be clearly stated in article 12 of this contract.
(3) Each month, Party A shall timely pay salary to Party B in monetary fund; the date for Party A to pay salary to Party B is .
(4) In case Party A appoint Party B to work overtime, Party A shall correspondingly pay salary to Party B according to what stipulated in article 44 of Labor Law.
.
Article 4: Social Insurance and Welfare
(1) Social Insurance
a. Both Party A and B shall participate endowment insurance, work injury insurance, unemployment insurance, medical insurance, procreation insurance and other social insurance and pay social insurance fee according to relevant insurance stipulation made by city, province and the State.
b. In case Party B is suffered from occupational disease or injured, Party B’s injury insurance for treatment term or for the term after medical treatment shall be executed according to relevant stipulations of city, province and the State on work injury insurance.
c. In case Party B is suffered from disease or injured not for work, Party B’s salary and almsgiving for his medical treatment term or the term of sick leave shall be executed according to the Stipulation of Guangzhou Medical Insurance or the interim stipulation
Made by Party A.
d. In case Party B is dead for work or dead not for work, the allowance for funeral, pension for his relatives, alms, a lump sum smart money, a lump sum pension, living allowance, allowance for funeral of his elder relatives and other allowances shall be paid to Party B by social insurance authority and Party A according to the relevant stipulations of the city and the State.
(2) Welfare
Party A shall provide welfare to Party B as follows:
Article 5: Working protection and working condition
(1) Working time
i) As approved, Party A shall confirm to let Party B execute the following working time according to Party B’s post.
a. Standard working time: Party B shall work 8 hours each day and 5 days each week. His weekly working hours shall not be over 40 hours; but the detailed working time shall be uniformly arranged by Party A.
b. Flexible working time: Party B’s working time shall be flexibly arranged by Party A according to Party A’s post;
c. Accumulative working time: Party B’s working time may be accumulated within__ ___ months / Years, but Party B’s daily working hours must not be over 11 hours.
ii) Within the term of this contract, if Party B’s post is legally changed, his working hours will be changed accordingly.
iii) If Party A appoint Party B to work overtime, what stipulated in article 41 of Labor Law shall be executed.
(2) Holiday
i) Party A guarantee to let Party B has at least one holiday in a weak;
ii) Party B legally enjoys the statutory holidays, general holidays, year-end holidays, home leave, marriage or funeral leave, maternity leave, family-plan leave and other holidays / leave with salary;
iii) If Party B is appointed to work during his working day or holiday, Party A shall offer same period as holiday to Party B for rest, but no salary will be paid to Party B after that; if Party A cannot arrange same period as holiday to Party B, Party A shall pay salary to Party B according to what stipulated in article 44 of Labor Law.
(3) Party A shall, according to the labor protection stipulations of the city and the State, provide Party B with labor protection facilities and working condition as stipulated by the state, and shall surely guarantee Party B’s safety and health while Party B carries out production and work.
(4) According to relevant stipulation, Party A shall organize training to Party B for safety production, law education and operation schedule as well as training for other business. Party A implements the system of taking work post on strength of certificate; Party B shall participate the above-mentioned training and strictly follow the relevant safety law, regulation, system and operation schedule to his post.
(5) Party B has the right to refuse the illegal order, and has the right to criticize and prosecute Party A and report the case to relevant authority when Party A and his managing staff disregard Party B’s safety and health.