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