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　　LABOUR CONTRACT

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　　LABOUR CONTRACT

　　EMPLOYER:

　　LEGAL REPRESENTATIVE:

　　ADDRESS:

　　EMPLOYEE:

　　NAME:

　　GENDER:MALE

　　ADDRESS:

　　NATIONALITY:P.R.CHINA ID CARD NO.:

　　THIS CONTRACT IS SIGNED ON A MUTUALITY VOLUNTARY BASIS BY AND BETWEEN THE FOLLOWING EMPLOYER AND EMPLOYEE IN ACCORDANCE WITH THE LABOUR LAW OF PEOPLE'S REPUBLIC OF CHINA."

　　1.TERM OF THE CONTRACT:

　　THE TERM OF THIS CONTRACT IS FOR ONE YEAR AND SHALL COMMENCE ON_____,_____, AND SHALL CONTINUE UNTIL _____,_____,UNLESS EARLIER TERMINATED PURSUANT TO THIS CONTRACT. THE EMPLOYEE SHALL UNDERGO A PROBATIONARY PERIOD OF THREE MONTHS.

　　2.JOB DESCRIPTION:

　　THE EMPLOYER AGREES TO EMPLOY MR./MS.________(NAME)AS ________(JOB TITLE) IN ________DEPARTMENT, LOCATED IN________(OFFICE LOCATION AND CITY).

　　3. REMUNERATION OF LABOUR

　　A.THE SALARY OF THE EMPLOYEE SHALL BEMONTHLY PAID BY THE EMPLOYER IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS OF P.R.C. IT SHALL BE PAID BY LEGAL TENDER AND NOT LESS THAN THE STANDARD MINIMUM SALARY IN TIANJIN.

　　B. THE SALARY OF THE EMPLOYEE IS RMB$______ PER MONTH IN THE PROBATIONARY PERIOD AND RMB$ _____ AFTER THE PROBATIONARY PERIOD.

　　C. IF THE DELAY OR DEFAULT OF SALARY TAKES PLACE,THE EMPLOYER SHALL PAY THE ECONOMIC COMPENSATION EXCEPT THE SALARY ITSELF IN ACCORDANCE WITH THE RELEVANT LAWS AND REGULATIONS.

　　4.WORKING HOURS & REST & VOCATION

　　A.THE NORMAL WORKING HOURS OF THE EMPLOYEE SHALL BE EIGHT HOURS EACH DAY, EXCLUDING MEALS AND REST FOR AN AVERAGE OF FIVE DAYS PER WEEK, FOR AN AVERAGE OF FORTY HOURS PER WEEK.

　　B.THE EMPLOYEE IS ENTITLED TO ALL LEGAL HOLIDAYS AND OTHER PAID LEAVES OF ABSENCE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE PRC AND THE COMPANY 'S WORK RULES.

　　C. THE EMPLOYER MAY EXTEND WORKING HOURS DUE TO THE REQUIREMENTS OF ITS PRODUCTION OR BUSINESS AFTER CONSULTATION WITH THE TRADE UNION AND THE EMPLOYEE ,BUT THE EXTENDED WORKING HOUR FOR A DAY SHALL GENERALLY NOT EXCEED ONE HOUR; IF SUCH EXTENSION IS CALLED FOR DUE TO SPECIAL REASONS, THE

　　EXTENDED HOURS SHALL NOT EXCEED THREE HOURS A DAY.HOWEVER, THE TOTAL EXTENSION IN A MONTH SHALL NOT EXCEED THIRTY-SIX HOURS.

　　5.SOCIAL SECURITY & WELFARE

　　A.THE EMPLOYER WILL PAY FOR ALL MANDATORY SOCIAL SECURITY PROGRAMS SUCH PENSION INSURANCE, UNEMPLOYMENT INSURANCE, MEDICAL INSURANCE OF THE EMPLOYEE ACCORDING TO THE RELEVANT GOVERNMENT AND CITY REGULATIONS.

　　B.DURING THE PERIOD OF THE CONTRACT, THE EMPLOYEE’S WELFARE SHALL BE IMPLEMENTED ACCORDANCE WITH THE LAWS AND RELEVANT REGULATIONS OF P.R.C.

　　6.WORKING PROTECTION & WORKING CONDITIONS

　　A.THE EMPLOYER SHOULD PROVIDE THE EMPLOYEE WITH OCCUPATIONAL SAFETY AND HEALTH CONDITIONS CONFORMING TO THE PROVISIONS OF THE STATE AND NECESSARY ARTICLES OF LABOR PROTECTION TO GUARANTEE THE SAFETY AND HEALTH DURING THE WORKING PROCESS.

　　B.THE EMPLOYER SHOULD PROVIDE THE EMPLOYEE WITH SAFETY EDUCATION AND TECHNIQUE TRAINING; THE EMPLOYEE TO BE ENGAGED IN SPECIALIZED OPERATIONS SHOULD RECEIVE SPECIALIZED TRAINING AND ACQUIRE QUALIFICATIONS FOR SUCH SPECIAL OPERATIONS.

　　C. THE EMPLOYEE SHOULD STRICTLY ABIDE BY THE RULES OF SAFE OPERATION IN THE PROCESS OF THEIR WORK.

　　7.LABOUR DISCIPLINE

　　A.THE EMPLOYER MAY DRAFT BYLAWS AND LABOUR DISCIPLINES OF THE COMPANY, ACCORDING TO WHICH, THE

　　EMPLOYER SHALL HAVE THE RIGHT TO GIVE REWARDS OR TAKE DISCIPLINARY ACTIONS TO THE EMPLOYEE;

　　B.THE EMPLOYEE SHALL COMPLY WITH THE MANAGEMENT DIRECTIONS OF THE EMPLOYER AND OBEY THE BYLAWS AND LABOUR DISCIPLINES OF THE EMPLOYER.

　　C.THE EMPLOYEE SHALL UNDERTAKE THE OBLIGATION TO KEEP AND NOT TO DISCLOSE THE TRADE SECRET FOR THE

　　EMPLOYER DURING THE PERIOD OF THIS CONTRACT; THIS OBLIGATION OF CONFIDENTIALITY SHALL SURVIVE THE

　　TERMINATION OF THIS CONTRACT FOR A PERIOD OF TWO (2)YEARS.

　　8.TERMINATION, MODIFICATION, RENEW AND DISCHARGE OF THE CONTRACT

　　A. THE RELEVANT CLAUSES OF THE CONTRACT MAY BE MODIFIED BY THE PARTIES:

　　I.THE SPECIFIC CLAUSE IS REQUIRED TO BE MODIFIED BY THE PARTIES THROUGH

　　CONSULTATION;

　　II.DUE TO THE FORCE MAJEURE, THE CONTRACT CAN NOT BE EXECUTED;

　　III.THE RELEVANT LAWS AND REGULATIONS HAVE BEEN MODIFIED OR ABOLISHED BY THE TIME OF SIGNING THE

　　CONTRACT.

　　B.THE CONTRACT MAY BE AUTOMATICALLY TERMINATED:

　　I) THIS CONTRACT IS NOT RENEWED AT THE EXPIRATION OF THIS CONTRACT;

　　II) THE EMPLOYER IS LEGALLY ANNOUNCED TO BE BANKRUPTCY, DISMISSED, OR CANCELED;

　　III)THE DEATH OF THE EMPLOYEE OCCURS;

　　IV) THE FORCE MAJEURE TAKES PLACE;

　　V)THE CONDITIONS OF TERMINATION AGREED IN THE CONTRACT BY THE PARTIES ARISE.

　　C.THE CONTRACT MAY BE RENEWED AT THE EXPIRATION THROUGH CONSULTATION BY THE PARTIES WITH THE FULFILLMENT OF THE PROCEDURE WITHIN 15 DAYS TO THE EXPIRATION;

　　D. THE CONTRACT MAY BE DISCHARGED THROUGH CONSULTATION BY THE PARTIES;

　　E.THE CONTRACT MAY BE DISCHARGED BY THE EMPLOYER WITH IMMEDIATE EFFECT AND THE EMPLOYEE WILL NOT BE COMPENSATED:

　　Contract No:

　　Date:

　　The Buyer:

　　The Seller:

　　The Contract, made out, in Chinese and English, both version being equally authentic, by and between the Seller and the Buyer whereby the Seller agrees to sell and the Buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follows:

　　1 Name of Commodity and specification

　　2 Country of Origin & Manufacturer

　　3 Unit Price (packing charges included)

　　4 Quantity

　　5 Total Value

　　6 Packing (seaworthy)

　　7 Insurance (to be covered by the Buyer unless otherwise)

　　8 Time of Shipment

　　9 Port of Loading

　　10 Port of Destination

　　mark shown as below in addition to the port of destination, package number, gross and net weights, measurements and other marks as the Buyer may require stencilled or marked conspicuously with fast and unfailing pigments on each package. In the case of dangerous and/or poisonous cargo(es), the Seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on each package..

　　12 Terms of Payment:

　　One month prior to the time of shipment the Buyer shall open with theBank of _______an irrevocable Letter of Credit in favour of the Seller payable at the issuing bank against presentation of documents as stipulated under Clause 18. A. of SECTION II, the Terms of Delivery of this Contract after departure of the carrying vessel. The said Letter of Credit shall remain in force till the 15th day after shipment.

　　13 Other Terms:

　　Unless otherwise agreed and accepted by the Buyer, all other matters related to this contract shall be governed by Section II, the Terms of Delivery which shall form an integral part of this Contract. Any supplementary terms and conditions that may be attached to this Contract shall automatically prevail over the terms and conditions of this Contract if such supplementary terms and conditions come in conflict with terms and conditions herein and shall be binding upon both parties.

　　FOR THE SELLER FOR THE BUYER

　　SECTION 2

　　14 FOB/FAS TERMS

　　14.1 The shipping space for the contracted goods shall be booked by the Buyer or the Buyer’s shipping agent __________.

　　14.2 Under FOB terms, the Seller shall undertake to load the contracted goods on board the vessel nominated by the Buyer on any date notified by the Buyer, within the time of shipment as stipulated in Clause 8 of this Contract.

　　14.3 Under FAS terms, the Seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the Buyer on any date notified by the Buyer, within the time of shipment as stipulated in Clause 8 of this Contract.

　　14.4 10-15 days prior to the date of shipment, the Buyer shall inform the Seller by cable or telex of the contract number, name of vessel, ETA of vessel, quantity to be loaded and the name of shipping agent, so as to enable the Seller to contact the shipping agent direct and arrange the shipment of the goods. The Seller shall advise by cable or telex in time the Buyer of the result thereof. Should, for certain reasons, it become necessary for the Buyer to replace the named vessel with another one, or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the Seller, the Buyer or its shipping agent shall advise the Seller to this effect in due time. The Seller shall also keep in close contact with the agent or the Buyer.

　　14.5 Should the Seller fail to load the goods on board or to deliver the goods under the tackle of the vessel booked by the Buyer. Within the time as notified by the Buyer, after its arrival at the port of shipment the Seller shall be fully liable to the Buyer and responsible for all losses and expenses such as dead freight, demurrage. Consequential losses incurred upon and/or suffered by the Buyer.

　　14.6 Should the vessel be withdrawn or replaced or delayed eventually or the cargo be shut out etc., and the Seller be not informed in good time to stop delivery of the cargo, the calculation of the loss in storage expenses and insurance premium thus sustained at the loading port shall be based on the loading date notified by the agent to the Seller (or based on the date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date). The abovementioned loss to be calculated from the 16th day after expiry of the free storage time at the port should be borne by the Buyer with the exception of Force Majeure. However, the Seller shall still undertake to load the cargo immediately upon the carrying vessel’s arrival at the loading port at its own risk and expenses. The payment of the afore-said expenses shall be effected against presentation of the original vouchers after the Buyer’s verification.

　　15 C&F Terms

　　15.1 The Seller shall ship the goods within the time as stipulated in clause 8 of this Contract by a direct vessel sailing from the port of loading to China port. Transhipment on route is not allowed without the Buyer’s prior consent. The goods shall not be carried by vessels flying flags of countries not acceptable to the Port Authorities of China.

　　contract no:

　　date:

　　the buyer:

　　the seller:

　　the contract, made out, in chinese and english, both version being equally authentic, by and between the seller and the buyer by the seller agrees to sell and the buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follows:

　　1 name of commodity and specification

　　2 ry of origin & manufacturer

　　3 unit price (packing ges included)

　　4 quantity

　　5 total value

　　6 packing (seaworthy)

　　7 insurance (to be covered by the buyer unless otherwise)

　　8 time of shipment

　　9 port of loading

　　10 port of destination

　　mark shown as below in addition to the port of destination, package number, gross and net weights, measurements and other marks as the buyer may require stencilled or marked conspicuously with fast and unfailing pigments on each package. in the case of dangerous and/or poisonous cargo(es), the seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on each package..

　　12 terms of payment:

　　one month prior to the time of shipment the buyer shall open with thebank of _______an irrevocable letter of credit in favour of the seller payable at the issuing bank against presentation of documents as stipulated under clause 18. a. of section ii, the terms of delivery of this contract after departure of the carrying vessel. the said letter of credit shall remain in force till the 15th day after shipment.

　　13 other terms:

　　unless otherwise agreed and accepted by the buyer, all other matters related to this contract shall be governed by section ii, the terms of delivery which shall form an integral part of this contract. any supplementary terms and conditions that may be attached to this contract shall automatically prevail over the terms and conditions of this contract if such supplementary terms and conditions come in conflict with terms and conditions herein and shall be binding upon both parties.

　　for the seller for the buyer

　　section 2

　　14 fob/fas terms

　　14.1 the shipping space for the contracted goods shall be booked by the buyer or the buyer's shipping agent __________.

　　14.2 under fob terms, the seller shall undertake to load the contracted goods on board the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.

　　14.3 under fas terms, the seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.

　　14.4 10-15 days prior to the date of shipment, the buyer shall inform the seller by cable or telex of the contract number, name of vessel, eta of vessel, quantity to be loaded and the name of shipping agent, so as to enable the seller to contact the shipping agent direct and arrange the shipment of the goods. the seller shall advise by cable or telex in time the buyer of the result thereof. should, for certain reasons, it become necessary for the buyer to replace the named vessel with another one, or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the seller, the buyer or its shipping agent shall advise the seller to this effect in due time. the seller shall also keep in close contact with the agent or the buyer.

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