Attached files
| file | filename |
|---|---|
| 10-Q - Biostar Pharmaceuticals, Inc. | biostar10q063010.htm |
| EX-31.1 - Biostar Pharmaceuticals, Inc. | ex31-1.htm |
| EX-32.1 - Biostar Pharmaceuticals, Inc. | ex32-1.htm |
| EX-32.2 - Biostar Pharmaceuticals, Inc. | ex32-2.htm |
| EX-31.2 - Biostar Pharmaceuticals, Inc. | ex31-2.htm |
Exhibit 10.2
(English Translation)
LABOR CONTRACT
Party A: Shaanxi Aoxing Pharmaceutical Co., Ltd.
Address: Chenyangzhai, Xianyang
Legal Representative: Ronghua Wang
Party B: Ronghua Wang
Address: Shenjia Xiaoqu, Floor 21, Room 3103, Qindu District, Xiayang
ID number: xxxxxxxxxxxxxxx
Party A and Party B (the “Parties”) hereby enter into the following agreement pursuant to the Labor Contract Law of the People’s Republic of China and other relevant regulations:
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I.
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Term of Employment
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1.
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Part A agrees to employ Party B and enter into this labor contract (the “Agreement”).
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2.
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Party B shall provide Party A with any requested documentations such as copies of his identification card, diplomas and qualification certificates. Party A may not return such documentations upon termination of the employment.
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3.
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This Agreement is subject to a fixed term of five years (the “Term”).
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II.
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Compensation and Bonus
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1.
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The amount of Party B’s salary shall be determined by Party A according to relevant laws and regulations and taking into consideration Party B’s position and the operating status of the company.
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2.
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Party A may grant a raise in salary to Party B based on his work performance and the company’s earning status. No raise shall be granted if Party B fails to reach required performance threshold.
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3.
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Party A may grant bonus to Party B if he (i) acts as a role model in compliance with the company’s policies; (ii) makes significant contributions to the company; (iii) brings technical innovation to the company; or (iv) helps the company to obtain remarkable business benefits.
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4.
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The amount of Party B’s year-end bonus shall be determined by Party A taking into consideration the company’s operating results, Party B’s position and work performance, and Party B’s length of service in the company.
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III.
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Holidays and Vacations
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1.
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Party B shall devote 8 hours per day and five and half days per week to the performance of his duties under this Agreement (a total of 44 hours per week).
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2.
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Party B shall be entitled to paid marriage leave, maternity leave and bereavement leave in accordance with the laws and regulations, in addition to the official regulatory holidays and vacations. If Party B works upon Party A’s request on any of the official regulatory holidays and vacations, Party A shall allow Party B to roll over vacation times or pay overtime.
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IV.
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Work Arrangements and Training
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1.
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Party B is subject to Party A’s arrangements and alteration of Party B’s work duties.
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2.
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During the Term of the Agreement, Party A shall provide Party B with training on and education of the company’s code of ethics, technical skills, production safety compliances and other company policies.
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3.
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Upon the completion of Party B’s training, the Parties shall determine Party B’s term of service through consultation. Party B shall compensate Party A for all training fees if he breaches the agreed term of service.
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V.
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Labor Insurance and Social Security
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Party B’s labor insurance and medical care have already been covered by his former employer. Party A will not cover such fees.
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VI.
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Termination of the Agreement
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1.
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Party A may terminate the Agreement under the following circumstances:
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(1)
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Party A experiences material changes of operation;
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(2)
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Party B is incompetent in his work duties;
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(3)
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Party B conducts serious violation of company policies;
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(4)
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Party B’s serious gross negligence and malpractice cause material damage to Party A; or
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(5)
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Party B is held in detention, reeducation through labor or sentenced to imprisonment for violating laws.
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2.
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Party B may terminate the Agreement under the following circumstances:
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(1)
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Party A fails to provide labor protection or working conditions as prescribed under this Agreement;
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(2)
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Party A fails to pay compensations to Party B as prescribed under this Agreement; or
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(3)
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Party A’s corporate policies are against the laws and regulations and detrimental to Party B’s benefits.
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3.
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During the Term of the Agreement, Party B may resign from his position with proper reasons upon one month notice with Party A’s prior consent. Party B shall compensate Party A for training fees. Party B shall compensate any damage caused to Party A by Party B’s resignation without Party A’s prior consent.
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VII.
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Rights and Ethics
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1.
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Party B has the right to bargain with or raise questions to the management of the company in order to advance concerns.
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2.
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Party B shall comply with laws and regulations and Party A’s corporate policies and code of ethics.
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3.
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Party B is subject to disciplinary actions and fines if he violates Party A’s corporate policies. Party A may bring claims for compensation against any violating conduct by Party B that causes damages to Party A.
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4.
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Party A may discharge Party B immediately if Party B (i) breaches the Agreement; (ii) engages in embezzlement and bribe-taking; (ii) conducts gross negligence or other conducts that are detrimental to the benefit of a third party; or (iv) commits a crime. Party B shall be liable for any damages caused to a third party as a result of his engagement in bribe-taking and other conducts.
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5.
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Party B shall keep confidential any trade secret or information on intellectual property of Party A. Party B shall not disclose such confidential information to any third party during and upon expiration of the Term of the Agreement. Party B shall return to Party A all documentations and materials relating to Party A’s operation and business upon leaving his position in the company.
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6.
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Party A shall only cover expenses and costs for accidents and work-related injuries that occur during Party B’s working hours.
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VIII.
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Execution of the Agreement
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1.
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This Agreement is effective from July 1, 2010 to June 30, 2015 upon execution of both Parties.
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2.
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This Agreement is executed into two duplicates. Each party shall hold one duplicate.
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Party A: Shaanxi Aoxing Pharmaceutical Co., Ltd. (signature and stamp)
Party B: /s/ Ronghua Wang
Date: June 30, 2010