printer-friendly

Sample Business Contracts

Labor Contract - Shengqu Information Technology (Shanghai) Co. Ltd.

Employment Forms

  • Employment Agreement. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
  • Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
  • Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
  • Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
  • Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
  • More Employment Agreements

Sponsored Links

                                 LABOR CONTRACT

Party A: Shengqu Information Technology (Shanghai) Co., Ltd.

Party B:                                             No. of ID Card:
Job No.:                                             Address:


     In accordance with the relevant provisions of the Labor Law of the People's
Republic of China and other applicable laws and regulations, and according to
the principles of equality, free will and mutual agreement through negotiations,
Party A and Party B hereby enter into this contract (hereinafter referred to as
"this Contract") with respect to the employment of Party B as a contract-based
employee employed by Party A:

1.   Employment

     1.1  Party A hereby employs Party B upon the condition that Party B shall
          have lawful and valid qualifications for the employment, including,
          but not limited to, the following:

          (1)  Party B shall have all lawful qualifications and conditions as an
               employee of Party A; and

          (2)  All personal information provided by Party B to Party A shall be
               true, accurate, complete, lawful, and valid, and nothing therein
               shall be false or misleading, nor shall anything be left out
               therefrom on purpose.

     1.2  Party B shall assume any liability on his or her own for any dispute
          or claim for damages that may result from his or her failure to meet
          the aforesaid conditions and, in addition, he or she shall compensate
          Party A for any losses it may suffer as a result of such failure.

2.   Term of Contract

     2.1  The term of this Contract shall be _________ years, which shall
          commence as of ____________________ and end on
          ____________________________. The first __________months of the term
          of this Contract shall be a probationary period, during which either
          Party A or Party B shall have the right to terminate this Contract and
          neither party shall be liable for any economic compensation to the
          other party as a result of such termination. If, during the
          probationary period, any evident fault on the part of either party
          causes any economic losses to the other party, upon termination of
          this Contract, the defaulting party shall be held liable for
          compensation to the other party for such losses; if Party B's
          performance during the probationary period is good enough to meet the
          assessment criteria set by Party A, he or she may become a regular
          employee of Party A.

<PAGE>

     2.2  If the parties agree to renew this Contract prior to its expiration,
          they may go through the formalities of such renewal.

3.   Post, Duties and Place of Work

     3.1  Party B agrees to take the post of ______________ in Party A's
          department of _______________ in accordance with Party A's needs and
          to assume duties commensurate with his or her post in accordance with
          Party A's provisions on business management.

     3.2  Party A shall have the right to make adjustments to Party B's post,
          duties or place of work in accordance with its own needs and with
          Party B's capability, performance and personal conditions, and Party B
          shall submit himself or herself to such adjustments.

4.   Labor Salary

     4.1  The salary payable to Party B shall be determined in accordance with
          the relevant provisions of Party A's system of salary management and
          in light of Party B's specific conditions such as his or her
          educational background, experience, type of work, and post. The amount
          of salary payable to Party B shall be as set forth in the notice of
          employment or the table of wage adjustments. Party A shall pay Party B
          his or her salary on a monthly basis.

     4.2  Party A shall make adjustments from time to time on an irregular basis
          to Party B's basic salary and the specific amount payable to him or
          her in accordance with his or her capability and performance. The
          method and range of such adjustments shall be governed by the system
          of salary management formulated by Party A, and Party B acknowledges
          that he or she knows and understands such system and will submit
          himself or herself to such adjustments.

5.   Holiday Leave

     5.1  During the term of this Contract, Party B shall be entitled to legal
          holidays and leaves of marriage, bereavement and family planning. If
          Party A needs to make any adjustment to the schedule of Party B's
          holiday leave according to the needs of his or her post, Party B shall
          submit himself or herself to such adjustment.

     5.2  Party B shall be entitled to an annual leave with pay in accordance
          with Party A's relevant provisions.

6.   Labor Protection and Labor Safety

     6.1  Party A shall provide Party B with the working environment in
          compliance with the standards of safety and hygiene as set by the
          Chinese government and ensure

<PAGE>

          that Party B will work under the conditions where his or her personal
          safety will not be placed in any danger and he or she will be
          prevented from any personal injury.

     6.2  Party B shall be obligated to comply with all the provisions on safety
          and hygiene as formulated by the relevant government authorities, by
          the owner of the premises where Party A conducts its business, and by
          Party A.

7.   Insurance and Benefits

     7.1  Party A shall take out all types of social insurances and other
          relevant insurances for Party B in accordance with the provisions of
          the State and the locality in relation to social insurance.

     7.2  Party A shall not be held liable for its failure to take out any of
          the aforesaid insurances for any reasons attributable to Party B.

8.   Labor Discipline, Penalties and Rewards

     8.1  Party B shall comply with all the rules and regulations as formulated
          by Party A, including, but not limited to, the Regulations for
          Business Management, the Regulations for Salary Management, the
          Employee Handbook, and the Confidentiality Undertaking, comply
          strictly with the provisions on labor safety and hygiene, the work
          system and the work norm, take good care of Party A's property, comply
          with the work ethics, maintain the confidentiality of Party A's trade
          secrets, take an active part in the training organized by Party A, and
          try to improve his or her vocational skills.

     8.2  The intellectual property rights arise during the performance of Party
          B of any work assigned by Party A or where Party B has used
          substantially the working conditions provided by Party A shall be
          vested in Party A. Party B shall be obligated to safeguard the rights
          and interests of Party A's intellectual property and shall not commit
          any act that constitutes an infringement of any of the rights and
          interests of Party A's intellectual property.

     8.3  Party B shall not publish on any website that are under Party A's
          management any information that is unauthorized, illegal, or may
          constitute an infringement on any rights of any third party, or lead
          to an imposition by the government of any sanctions or to any claim
          for damages, nor publish on any website any information or comments
          that may do any harm to Party A, nor take advantage of the website
          under Party A's management or any of Party A's other assets to carry
          on any activities that are not commensurate with Party B's post.

     8.4  Party B agrees to comply with the following provisions on
          confidentiality:

<PAGE>

          (1)  Except for the benefit of Party A or to suit Party A's purposes,
               Party B shall not divulge, disclose, or make available to any
               third party (including, but not limited to, any legal person,
               non-legal person institutions, organizations, groups, or
               individuals within or outside the People's Republic of China) any
               models of development, production, or service of any products,
               method of corporate management, marketing plan, information on
               any customer or partner, conditions of real estate or intangible
               assets, financial position, or information on Party A or any of
               its affiliates that Party B has acquired, learnt of, or
               familiarized himself or herself with, or that he or she is in
               possession or control of, during his or her employment with Party
               A or the term of this Contract or in conducting any business
               activity associated with Party A, and any other materials,
               information, or data that Party A has not authorized Party B to
               disclose to any third party, nor use or apply any of the
               aforesaid materials, information, or data for any other purposes
               than for the benefit of Party A; in addition, except with Party
               A's prior consent or except as he or she is obligated to do so in
               performing his or her duties, Party B shall not disclose any of
               the aforesaid materials, information, or data to any of Party A's
               employees other than his or her seniors.

          (2)  Within three years after the date of termination of the labor
               relationship between the parties, Party B shall not, for any
               reasons, violate any of the provisions in the preceding paragraph
               and he or she shall continue to be obligated to maintain the
               confidentiality of all or any part of the materials, information
               and data that he or she acquired, learnt of, or familiarized
               himself or herself with, or that he or she was in possession or
               control of during the term of this Contract.

          (3)  The compensation and benefits granted to Party B as well as his
               or her personal information shall fall under the category of
               Party A's confidential information, and Party B shall not
               disclose in any way his or her compensation, benefits,
               information or any of the contents of this Contract to any
               employees of Party A or any other persons.

     8.5  If Party B is in violation of any of the aforesaid provisions, Party A
          may impose a disciplinary punishment or an economic penalty on him or
          her, dismiss him or her, or even initiate legal proceedings against
          him or her in accordance with the relevant State provisions and its
          own rules and regulations.

9.   Non-Competition

     9.1  Party B is a full-time employee of Party A and, during the term of
          this Contract, Party B shall not directly or indirectly conduct any
          business activities that are similar to, or in competition with, the
          business of Party A or any of its affiliates, including, but not
          limited to, in the capacity of a director, employee, consultant,

<PAGE>

          investor, shareholder, partner or lender, nor conduct any such
          activities on behalf of others.

     9.2  Upon termination of this Contract, Party B shall not:

          (1)  within three years after the date of termination of this
               Contract, directly or indirectly conduct any business activities
               that are similar to, or in competition with, the business of
               Party A or any of its affiliates, including, but not limited to,
               in the capacity of a director, employee, consultant, investor,
               shareholder, partner or lender, nor conduct any such activities
               on behalf of others; or

          (2)  directly or indirectly employ or recommend any personnel that
               have been employed by Party A or any of its affiliates in the
               twelve months prior to termination of this Contract.

10.  Modification and Termination of Contract

     10.1 If any changes take place in any laws, regulations, or rules according
          to which this Contract is entered into, appropriate modifications
          shall be made in the relevant contents of this Contract.

     10.2 If any changes take place in the specific conditions under which this
          Contract is entered into, and it becomes impossible to perform this
          Contract, the Parties may make appropriate modifications in the
          relevant contents of this Contract after reaching an agreement on such
          modifications through negotiations.

     10.3 The parties may terminate this Contract after they have reached an
          agreement through negotiations.

     10.4 Party A may terminate this Contract at any time after serving a notice
          thereof to Party B if any of the following things occurs to Party B:

          (1)  Party B fails to meet any of the qualifications for employment
               during the probationary period;

          (2)  Party B is in violation of any of the provisions of Article 1.1,
               Article 8 or Article 9 of this Contract;

          (3)  Without any authorization, Party B takes advantage of Party A's
               office space and equipment to engage in any business activities
               that are not commensurate with the post he holds, including, but
               not limited to, undertaking or conducting any business activities
               for his or her own benefits or for the benefit of any third
               party;

<PAGE>

          (4)  Party B accepts in private any valuables, money, or marketable
               securities from any customer;

          (5)  Party B obtains any benefits from any customers by fraud or any
               other illegal means, causing any damage to Party A's goodwill;

          (6)  Party B steals or embezzles any property owned by Party A or any
               of its affiliates or other employees, or defraud any of them of
               their property;

          (7)  Party B is derelict of his or her duties or is engaged in any
               malpractices or any other improper activities for his or her
               selfish ends, resulting in any damage to Party A's interests; or

          (8)  Criminal liability is pursued against Party B according to the
               laws, or where he or she is being reeducated through labor.

     10.5 If any of the following things occurs to Party B, Party A may
          terminate this Contract, provided, however, that Party A shall notify
          Party B in writing thereof thirty days in advance or pay Party B a
          compensation equal to his or her thirty days' wages:

          (1)  Party B has contracted any disease or was injured in any accident
               while on duty and, upon expiration of the period of medical
               treatment of such disease or injury, the disability appraising
               committee has determined that he or she is no longer able to take
               his or her original post, nor able to take any other post
               assigned by Party A;

          (2)  Party A determines that Party B is incapable to meet the standard
               of the post to which he or she is assigned or fails to meet the
               qualifications for employment; or

          (3)  Major changes take place in the specific conditions under which
               this Contract is entered into, it subsequently becomes impossible
               to perform this Contract and the parties fail to reach an
               agreement on any modifications in this Contract.

     10.6 Party B may terminate this Contract at any time after serving a
          written notice thereof on Party A under any of the following
          circumstances:

          (1)  During the probationary period, Party B decides not to be
               employed with Party A due to personal considerations;

          (2)  Party A forces Party B to work by force or threat or by imposing
               any illegal restrictions on his or her personal freedom; or


<PAGE>

          (3)  Party A fails to pay Party B the labor salary or to provide him
               or her with the working conditions as provided in this Contract.

     10.7 If Party B resigns from his or her post and, as a result, requests
          that this Contract be terminated for any reasons other than any of
          those as specified in the preceding paragraph, he or she shall notify
          Party A in writing thereof thirty days in advance. Termination of this
          Contract shall not release Party B from any liability for breach of
          contract he or she is obligated to assume.

     10.8 If this Contract or the labor relationship between the parties is
          terminated for any reason, Party B shall go through the formalities of
          handing over the work he or she is or has been performing according to
          the relevant regulations of Party A, promptly return all the
          documents, records, equipment, uniforms, and other property he or she
          has acquired from Party A or is in possession or control of,
          including, but not limited to, all the drawings, blueprints, memos,
          lists of customers or partners, formulas, financial statements, or
          marketing literature of Party A and its affiliates that Party B is in
          possession or control of. If Party B fails to return any of the
          aforesaid materials, Party A may make an appropriate deduction from
          the last sum of money payable to Party B and take any other
          appropriate action against him or her.

     10.9 If this Contract is terminated for any reason, Articles 8 and 9 of
          this Contract shall survive such termination and continue to be
          legally binding.

11.  Economic Compensation and Liabilities of Breach of Contract

     11.1 During the term of this Contract, Party A shall finance Party B's
          training and, if Party B terminates this Contract for any reason other
          than any of those as specified in Article 10.6 of this Contract, he or
          she shall reimburse Party A the costs of such training in accordance
          with Party A's regulations.

     11.2 If Party B is in violation of any of the provisions of Article 8 or
          Article 9 of this Contract, resulting in any direct economic losses to
          Party A, Party B shall be liable for compensation to Party A for such
          losses.

     11.3 Upon the expiration of the probationary period, Party A shall go
          through the formalities of transferring the registration of permanent
          residence on behalf of Party B in light of the actual circumstances
          and in accordance with Party A's relevant provisions if Party B meets
          the relevant conditions, and Party B shall bear all costs related to
          the transfer of registration of his or her permanent residence. Party
          B undertakes that, within three years of transfer of registration of
          his or her permanent residence to Shanghai Municipality, he or she
          will not resign from his or her post on his or her initiative, or
          violate any discipline intentionally so that Party A may dismiss him
          or her, otherwise Party B shall pay Party A penalty in the amount of
          RMB ten thousand.

<PAGE>

12.  Settlement of Labor Disputes

     12.1 If any dispute arises out of the contents of this Contract or
          performance hereof, the Parties shall settle such dispute through
          negotiations.

     12.2 If no settlement can be reached through such negotiations, either
          party shall have the right to submit such dispute for arbitration to
          any competent labor dispute arbitration commission of this locality.

     12.3 Within 60 days of the occurrence of any labor disputes, either party
          may directly submit such disputes for arbitration to any competent
          labor dispute arbitration commission.

13.  Miscellaneous

     13.1 This Contract is executed in two counterparts, each party shall keep a
          copy and shall have equal effect and validity.

     13.2 This Contract shall become effective as of the date of its execution.

     13.3 The parties may enter into supplementary agreements with respect to
          the salary, duties of the post and the term of service.

     13.4 This Contract is executed in Shanghai.


Party A (Signature and Seal)                 Party B (Signature and Seal)

Date:                                        Date: