Attached files
Exhibit 10.9
EMPLOYMENT
CONTRACT
Party
A(Employer)：Hangzhou MYL
Business Administration Consulting Co., Ltd.
Residence：
Legal representative：Kaien
LIANG
Party B
(Employee)：Tingyuan
CHEN, Gender: ID card
No.：
Educational
background:
Address:
In accordance
with the Employment Law of the People’s Republic of China (“PRC”), the
Employment Contract Law of the PRC and other applicable laws regulations and
rules, the Parties, on the basis of equality, free will, and mutual negotiation,
have entered into this contract on the terms and conditions set forth as
follows.
I. Type
and Term of contract
(I) Type
and Term of contract
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1.
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Employment
contract of indefinite term: commencing on April 1, 2009 until the
occurrence of any of the circumstances for termination of contract as
provided for by the applicable laws or as mutually
agreed.
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II.
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Description
of work, Place of work, and
requirements
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Party
B shall act as Executive, with the place of work at
Hangzhou.
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Party B
shall work to the satisfaction of Party A. Subject to mutual negotiation and
agreement, the position and the place of work may be changed, as Party A
requests.
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III.
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Working
hours, break, and leave
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(I)
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The
following working hours system No.1 shall
apply:
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1.
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Standard
working hours system, i.e., Party B works for no more than 8 hours every
day, no more than 40 hours every week, and at least one day on leave every
week.
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2.
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indefinite
working hours system approved by the pertinent administration for
employment; or
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3.
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comprehensive
working hours system approved by the pertinent administration for
employment.
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The pay shall be made every ___/__.
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(II)
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Party
B may work overtime, provided that Party B must make prior application and
implement of overtime work may be made only after approval by Party A. The
overtime work shall, generally, be less than one hour every day, or at
most three hours every day for special reason, but never more than 36
hours every month. Party A shall guaranty that Party B enjoys the rights
on breach and leave.
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(IV)
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Pay,
manner and time for payment
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(I)
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The
pay for Party A in the probation period shall be RMB
/
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(II)
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After
the probation period, the monthly pay for Party B shall be RMB8,000, on
condition that Party B shall render normal service during the statutory
working hours.
With
regard to increase/decrease of salary, bonus, subsidy, allowance, overtime
pay, and payment of the pay under special circumstances, the applicable
laws and regulations as well as the rules lawfully made by Party A shall
apply. The pay Party A paid to Party B shall be no less than the local
standard of minimum wage.
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(III)
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Party
A shall, on the 15th
day of every month, deliver the pay in cash to Party B without
delay.
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(IV)
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Party
A shall deliver the pay for Party B during such period when Party B is on
leave in statutory holidays and lawfully participates in social
activities.
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V.
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Social
Insurance and Welfare
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Party A
shall lawfully procure the social insurances for Party B, and pay the fees on
social insurance. The part of such fees on social insurance payable from Party B
shall be withheld from the pay for Party B and be transmitted by Party
A.
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V.
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labor
protection, labor conditions, and prevention from occupational
danger
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The
Parties shall abide by the applicable national regulations in respect of safe
operation, labor protection and prevention of occupational disease. Information
on occupational danger relevant to the type of work shall be specified in the
contract. Party A shall ensure suitable working facilities, apparatus and other
conditions for the purpose of labor protection. Party B shall strictly observe
all rules on safe operation. Party A must voluntarily implement the national
regulations in respect of special protection of women employees and minor
employees.
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VII.
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Amendment,
revocation, and termination of Employment
contract
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(I)
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Subject
to mutual negotiation and agreement by both parties, part of the
provisions herein may be amended. Such amendment shall be made in form of
a written agreement, which each of the parties holds one
original.
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(II)
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the
employment contract may be revoked subject to mutual agreement by the
Parties.
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(III)
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Party
B may revoke the employment contract by sending to Party A a 30-day prior
written notice. Party B may revoke the employment contract in the
probation period by sending to Party A a 3-day prior written
notice.
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(IV)
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Party
B may revoke the employment contract under any of the following
circumstances:
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1.
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Party
A fails to provide the labor protection facility and labor conditions as
agreed under the employment
contract;
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2.
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Party
A fails to deliver the pay in full on a timely
basis;
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3.
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Party
A fails to lawfully pay the fees on social insurance for Party
B;
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4.
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Party
A’s rules and systems violate the applicable laws and regulations to the
detriment of the interest of Party
B;
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5.
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In
signing or amending the employment contract, Party A involves fraud,
threat, or taking advantage of unfavorable position of Party B, and thus
makes the contract invalid; or
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6.
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any
other circumstance by virtue of which Party B shall be entitled to revoke
the employment contract as provided for in the applicable laws and
regulations.
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Where
Party A involves forced labor by means of violence, threat, or illegal
restriction of personal freedom, or Party A, in breach of the regular operation
rules, forces Party B to work in danger, thus exposing Party B to possible
personal injury, Party B may revoke the employment contract with immediate
effect without sending prior notice to Party A
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(V)
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Under
any of the following circumstances, Party A may revoke the employment
contract:
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1.
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Party
B is proved incompetent in the probation period according to the
description of competence for
recruitment.
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2.
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Party
B seriously breaches any labor discipline or rules and systems of Party
A.
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3.
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Party
B involves serious breach of duty or jobbery that causes serious damage to
Party A’s interest.
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4.
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Party
B also maintains employment relation with other employers, which seriously
affect the completion of task dispatched by Party A, or Party B refuses to
remedy so after being notified by Party
A.
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5.
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Party
B involves in fraud, threat, or taking advantage of unfavorable position
of Party A in procuring Party A to sign or amend the employment contract
against the actual intentions of Party A, and thus makes the contract
invalid.
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6.
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Party
B is lawfully imposed with any criminal
punishment.
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(VI)
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Under
any of the following circumstances, Party A may revoke the contract,
subject to a 30-day prior written notice to Party B or additional payment
at one month’s pay fixed hereunder in substitution of such 30-day prior
notice:
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1.
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Party
B suffers a disease or gets injured rather than an industrial injury, and
is competent for neither the original position nor any new position
dispatched by Party A upon the completion of the medical treatment
period;
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2.
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Party
B is proved to be incompetent for the current position and keeps
incompetent after training or shift of position, or refuses such shift of
position;
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3.
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the
Employment contract becomes non-performable because of substantial change
in the objective circumstance based on which the contract is signed, and
the parties fail to reach an agreement on amendment of the contract
despite mutual negotiation.
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(VII)
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Party
A may revoke the employment contract, in case that Party A has to reduce
the employees, despite amendment of the employment contract, because of
its reorganization under the Law on Enterprise Bankruptcy, or seriously
unfavorable position in operation; or its shift to new business, major
technical renovation, or change of business mode; or the employment
contract becomes non-performable because of substantial change in the
objective economic circumstance based on which the contract is signed,
provided, however, that Party A shall explain to and consider the opinions
of the trade union or all the employees 30 days in advance, and lodge to
the administration for employment the written report on the plan of
reduction of employees.
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(VIII)
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Under
any of the following circumstances, the contract shall
terminate:
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1.
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upon
the expiration of the contract;
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2.
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Party
B is entitled to claim the pension;
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3.
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Party
B dies, or is declared dead or missing with an order by the People’s
Court;
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4.
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Party
A is lawfully declared bankrupt, revoked with the business license,
ordered to shut up, dissolved, or voluntarily dismisses;
or
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5.
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under
any other circumstance as provided for under applicable laws and
regulations
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(IX)
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The
employment contract shall survive its expiration date until the
elimination of any of the following
circumstances:
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1.
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before
medical examination on occupational disease for resigning employees, or in
the course of diagnosis or monitoring period for suspect patient of
occupational disease, if Party B works with exposure to occupational
disease;
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2.
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suffers
an occupational disease in the course of working for Party A, or an
industrial injury and is evaluated to lose the working capacity, partly or
wholly;
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3.
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in
the stipulated medical treatment period after suffering a disease or an
injury other than an industrial
injury;
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4.
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(for
a female employee) in the periods of pregnancy, confinement, or
lactation;
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5.
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works
for Party A for consecutive 15 years, and may retire in less than 5 years
according to the statutory age of
retirement;
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6.
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any
other circumstance as provided for under applicable laws and
regulations.
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VIII.
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Breach
of contract liability
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In case
that Party A illegally revokes or terminates the employment contract, Party A
shall pay Party B the financial damages; in case that Party B illegally revokes
the employment contract, thus causing Party A to suffer any economical loss,
Party B shall be liable to the loss therefrom.
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IX.
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other
issues:
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X.
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miscellaneous
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1.
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Any
dispute arising out of the performance of the employment contract may be
lawfully referred to the pertinent local authorities at the place where
Party A is located, for mediation, arbitration and
lawsuit.
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2.
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As
for anything unspecified herein, the applicable national regulations and
rules shall apply.
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3.
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In
case of discrepancy between this contract and any national laws and
regulations to be promulgated in future, the latter shall
prevail.
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4.
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The
contract is lawfully concluded, and takes effect upon signature / seal
affixed by the Parties, which the Parties shall strictly abide
by.
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5.
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The
contract is made out in duplicate, one of which for each of the
Parties.
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| Party
A (seal)：
Hangzhou
MYL Business Administration Consulting Co., Ltd
(Legal
representative/ executive):
Date
of signing：
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Party
B（signature）：Tingyuan
CHEN,
Date of signing：
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