Attached files
EXHIBIT
10.4
EMPLOYMENT
AGREEMENT
Party
A (Employer)
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Name:
Sheng Yuan Nutritional Food Co., Ltd., Beijing R&D
Center
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Address:
No. 106, Dongluyuan, Tongzhou District, Beijing
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Party
B (Employee):
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Name:
Donghao
Yang Sex:
Male
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ID
Number: 120104197109096836
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Party
A
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Name:
Sheng Yuan Nutritional Food Co., Ltd., Beijing R&D
Center
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Legal
person: Liang Zhang
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Address:
No. 106, Dongluyuan, Tongzhou District, Beijing
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Party
B:
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Name:
Donghao
Yang
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Nationality:
China
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ID
Number: 120104197109096836
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Address:
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Post
code:
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Address
of Hu Kou:
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1
Adhering
to the principle of voluntariness and equality and in accordance with the Labor Law of the People’s Republic
of China and related regulations currently in effect, Party A and Party B
hereby enter into this Agreement for joint observance in good
faith.
I.
Term of Employment Agreement
Article
1
This
Agreement shall be of the type described in clause (3) below, as
agreed by the Parties.
(1)
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Fixed-term
contract: The term of this Agreement shall commence on May 4, 2010 and
expire on August
31, 2011, among which, the probationary period shall commence on
and expire on
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(2)
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Contract
that sets the completion of a specific task as the term to end the
contract: The term of this Agreement shall commence on
and expire upon completion of .
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(3)
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Contracts
without a fixed term: The term of this Agreement shall commence on ,
among which, the probationary period shall expire on
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II.
Job Description and Place of Performance of Employment Agreement
Article
2
Party A
employs Party B on Chief Financial Officer
position (type of work) as needed by its production.
Article
3
Party B
shall accept Party A’s work arrangement and meet the requirement for quantity
and quality set forth for his completion of the task on the position. The task
and responsibility of the specific position (type of work) is as follows: As set out in Post
Description and Performance Evaluation Form.
Article
4
If, as
verified by Party A in its appraisal conducted pursuant to its criteria, Party B
is incompetent for the position (type of work), Party A may change Party B’s
position (type of work).
Article
5
Party A
may change Party B’s position (type of work) upon mutual agreement of the
Parties through consultation.
Article
6
The place
of performance of this Agreement shall be Beijing .
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III.
Remuneration
Article
7
Party A
shall, on the principle of distribution according to work, pursuant to the
requirements of the state, province and municipality in light of its actual
condition, independently formulate its own post salary distribution system and
determine the form and standard of salary payment to Party B.
Article
8
Party A
shall pay Party B salary on a monthly basis. For the normal labor service
provided by Party B to Party A within the statutory working hours, Party A
shall, prior to the 10th
day of each month, pay Party B salary of RMB 66,667 per month
before Individual Income Tax .
Article
9
When
using piecework wage system, the wage is determined by piece of work finished,
on the premise that the minimum wage requirement of relevant regulations is
met.
Article
10
During
the performance of this Agreement, Party A may adjust Party B’s remuneration
appropriately, depending on Party A’s operating condition and Party B’s
performance.
IV.
Insurance and Benefits
Article
11
Party A
shall make contributions to social insurance pursuant to the regulations of the
state, province and municipality and the social insurance contribution payable
by Party B shall be withheld and paid by Party A on behalf of Party
B.
Article
12
If Party
B suffers from an illness or non-work-related injury, the matters relating to
medical benefits and sick pay shall be handled in accordance with the
regulations of the state, province, and municipality. Party A will make sick pay
to Party B according to Attendance
Rule.
Article
13
If Party
B suffers from an occupational disease or work-related injury, the matters
relating to medical benefits and sick pay shall be handled in accordance with
the regulations of the state, province, and municipality.
Article
14
The
benefits to which a female employee is entitled in her pregnancy, confinement,
nursing or birth control surgery period shall be determined in accordance with
the regulations of the state, province and municipality.
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V.
Amendment, Rescission, Termination and Renewal of the Employment
Agreement
Article
15
Amendment,
rescission, termination and renewal of the employment agreement should follow
LAW OF THE PEOPLE'S REPUBLIC
OF CHINA ON EMPLOYMENT CONTRACTS and other applicable laws and
regulations.
Article
16
After
termination of the employment agreement, Party A should help Party B to handle
social security transferring and record transferring according to applicable
laws and regulations.
Article
17
Party B
should transfer his/her work to a person designated by Party A.
VI.
Labor Protection, Working Conditions and Occupational Disease
Protection
Article
18
Party A
must provide Party B with labor safety and sanitary conditions consistent with
the requirements of the state, province and municipality and necessary labor
protection articles, establish and perfect labor safety and sanitation system
and procedures for safe operation and production.
Article
19
Party A
must set up safety production rules. Party B must strictly comply with the
procedures for safe operation in the course of production (work).
Article
20
Party A
shall set up anti-occupational diseases rules.
Article
21
Party A
must take special labor protection measures for female employees and underage
workers pursuant to the regulations of the state, province and
municipality.
Article
22
The
Parties shall strictly comply with the industrial accident and occupational
disease reporting system adopted by the state, province and
municipality.
VII.
Working Hours, Break and Vacations
Article
23
Party A
will arrange Party B to work under the standard working hour system. Party B
will work a maximum of eight hours a day and on average a maximum of forty hours
a week.
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Article
24
Party A
may arrange Party B’s working hours and rest days according to the requirement
of work.
Article
25
Party B
should follow Party A’s overtime arrangement when the following conditions are
met:
(1) Due
to natural disaster, accident or other reasons, public safety and nation’s
interest are endangered.
(2)
Public transportation or public facilities is destroyed and public interest is
suffered.
(3)
Maintenance must be carried out at public holidays or weekends.
(4) The
running of the machine can not stop during the holiday.
(5) Other
circumstances required by laws and regulations.
Article
26
Party A
shall ensure Party B’s right to rest pursuant to the regulations of the state,
province and municipality and during the term of this Agreement, Party B shall
be entitled to statutory holidays and matrimonial leave, maternity leave,
vacation leave as set forth by the state, province and
municipality.
VIII.
Labor Discipline
Article
27
Party A
shall, in accordance with the labor laws, regulations, rules and relevant
policies of the state and in light of its actual condition, formulate and
perfect rules, regulations and labor disciplines. Party B shall strictly comply
with the rules and regulations and labor discipline of Party A, that are
formulated in accordance with law, submit to the management of Party A and treat
as confidential the trade secret of Party A.
Article
28
If Party
B breaches any of the rules and regulations and labor discipline of Party A,
Party A may, pursuant to its rules and regulations, render disciplinary
punishment or, if necessary, rescind this Agreement.
IX.
Liability for Breach of Contract
Article
29
If Party
A pays for Party B’s training courses, both parties should sign a training
agreement as the exhibit of this employment agreement, with specified term of
training and liabilities for breach of contract. If Party B resigns before the
end of the specified term, Party B should pay Party A for
compensation.
Article
30
Both
parties can sign separate agreement with regard to trade secret and intellectual
property, as appendix to this agreement. Party B should pay Party A for damage
in violation of the Confidentiality Agreement.
Article
31
If Party
B rescinds this Agreement in violation of relevant provisions or the covenant in
this Agreement, it shall pay Party A for compensation of the
violation.
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X.
Labor Dispute Resolution
Article
32
If any
dispute arises in connection with the performance of this Agreement, either
Party may apply to Party A’s labor dispute mediation committee for mediation. If
the dispute can not be resolved through mediation, the Parties shall apply for
arbitration to the labor dispute arbitration committee where Party A is
located.
XI.
Other Matters
Article
33
Post Description and
Performance Evaluation Form and Employee Manual are
appendixes to this agreement.
Article
34
This
Agreement shall be filled out with fountain pen or writing brush. If altered
unilaterally or signed by a person not duly authorized, this Agreement shall be
void and null.
Article
35
This
Agreement is executed in two counterparts which are of the same force and
effect, with each Party holding one counterpart. This Agreement shall take
effect on the date on which the Parties affix their signatures
thereto.
XII.
Other Matters to be Agreed Upon by the Parties
Party
A (seal)
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Party
B (signature)
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Legal
representative (signature)
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/s/Donghao
Yang
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(Authorized
proxy) Xuejuan Jin
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Date:
May 4, 2010
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Date:
May 4, 2010
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