Labor Contract
Party A : (employer)
Party B: (employee)
Party A and Party B voluntarily conclued this contract through consultation in light of the labor law of PRC and related laws, regulations and policies.
I.Term
1 The contract is effective from July 1st, 2006 to June 30th, 2011, and the term of contract is 5 years.
2 The contract takes effect from July 1st, 2006 and terminates where conditions for dissolution or termination of a contract occur.
II. Tasks and working hours
1 Party A assigns Party B the position of a cook in the catering department in view of the requirement of production, and Party B must obey the hotel management and provide best service for customers to earn their good appraisal.
2 Party A shall rationally and scientifically fix the work quota in accordance with state industry and regional standard of work quotas. Party B shall accomplish stipulated quantity and quality indices or work tasks in accordance with the requirement for the position and responsibility of Party A, Party A may adjust them in light of the requirements of the hotel and the personal performance accordingly.
3 In principal, Party B shall work 8 hours a day ( excluding the meal time), and should extend working hours due to the requirement of Party A’s business character. If the extended working hour is less than 4 hours, it shall not be deemed as overtime work. The weekly working hours shall follow the rules of the hotel. Party B is entitled to four-day paid leaves in a month.
Party A shall strictly comply with the work-time regulation of the state and arrange Party B’s work and rest hours reasonably. If Party B works beyond the stated working hour as required by the business, Party A shall give Party B corresponding hours of rest or compensation in accordance with the rules of the hotel. Party B may enjoy statutory holidays and paid leaves such as the marriage leave, funeral leave and industrial injury leave. Party A shall establish the start and end time of Party B’s work according to the demand of its business and arrange the work shifts in turn. On the premises of taking care of Party B’s reasonable rest, Party A may require the Party B to work on statutory holidays and weekends, Party B shall support and comply with the arrangement. However, Party A shall strictly control the overtime work, which shall undergo the procedure of application and approval.
III. Labor protection and labor condition
1 Party A provides Party B with occupational safety and health conditions conforming to the provisions of the State and necessary Articles of labor protection, necessary labor tools of production in light of requirements of the position of Party B.
2 Party A shall provide Party B with education and training about professional ethics, occupational technology and safety production. Party B must strictly abide by rules of safe operation in the process of hisr work , otherwise he shall bear the whole responsibility by himself. Party B shall have the right to refuse to follow Party A’s instructions which are in violation of the rules and regulations or which forces Party B to run risks in operation.
IV. Labor compensation;
On the condition of normal production (operation), Party A shall pay Party B labor remuneration in light of the service nature of the trade as follows
1 Party A shall pay Party B wages in RMB on the 10th monthly.
2 If assessment for competing promotion is qualified after basic wages have been paid for 3 months, the wage standard is RMB3000 and the post allowance is RMB500 .
3 If Party B accomplishes task timely and quality during contact term, Party A pay Party B 3500 RMB, wages tax of employee shall paid by employee himself.
4 If Party B fails to accomplish tasks with requirement, his wages shall be reduced according to a responsibility pledge for object management of each department conducted by hotel.
5 Party A pays wages and distributes bonus according to the performance of Party B and economic benefit growth of the hotel.
6 Due to hotel business service and the requirements of its business operation, Party A may extend the work hour, but shall timely arrange rest of the employee or pay Party B overtime compensation according to related regulation.
V. Labor discipline;
Party A works out labor disciplines or the rules and regulations pursuant to related provisions of the state labor law and regulations, Party B must observe labor disciplines or the rules and regulations and obey management of Party A.
VI. Labor insurance and welfare treatment
1 Medical care expenses of Party B arising from industry injury or death executes by related regulation of state and province.
2 Party A ensure Party B enjoy days of rest in light of nature of this industry and related regulation of labor law and execute rest in turn principally.
VII. Termination, dissolution, renewal and change of contract
1 The employment contract shall end if its term expires.
2 Both parties may terminate their employment contract if they so agree after consultations.
3 Party A may terminate the employment contract if Party B
(1) Is proved during the probation period not to satisfy the conditions for employment;
(2) Materially breaches the Employer’s rules and regulations;
(3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;
(4) Has his criminal liability pursued in accordance with the law.
4 If one of the following conditions occurs, Party A may terminate the employment contract
(1) After the set period of medical care for an illness or non-work-related injury, Party B can engage neither in his original work nor in other work arranged for him by his Employer;
(2) Party B is incompetent and remains incompetent after training or adjustment of his position; or
(3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, Party A and Party B are unable to reach agreement on amending the employment contract.
5 If Party A needs to reduce workforce during fixed Restructuring term pursuant to the Enterprise Bankruptcy Law or under the condition of serious difficulties in production and/or business operations, Party A shall reduce workforce according to the legal procedure.
6 Party B may terminate his employment contract after 15 days’ prior written notice to Party A and approved by Party A, and return all articles borrowed from hotel. In addition liquidated damages equal to RMB 100and property compensation equal to RMB 400 shall be deducted(depend on damage condition).
7 Party B may terminate his employment contract if one of the following condition occurs:
(1) During his probation period
(2) If Party A uses violence, threats or unlawful restriction of personal freedom to compel a Employee to work
(3)Fails to pay labor salary according to the provision of labor contract or provide necessary labor condition for Party B.
8 Party A and Party B may renew their contracts agreed after consultation between them and execute renewal procedure.
9 If production and business operations changes, Party A, agreed after consultation with Party B, may amend related provision of the employment contract and execute amendment procedure.
10 This contract shall not be dissolution for contractor or legal representative changes after concluded legally.
VIII. Responsibility for breach of contract
1 Due to one party’s faults, the contract can’t be performed in whole, the party with fault shall bear responsibility for breach of contract, where both parties have fault, they shall bear their respective liabilities accordingly in light of the actual situation.
2 If a party is unable to perform a contract due to force majeure, it shall timely notify the other party the cause of unable to perform or delayed in performance, performance in part or non-performance and shall exempted from liability in light of the impact of the event.
3 Where either party causes substantial economic loss to the other party, it shall assume compensation liability in light of the degree of loss and consequence.
4 Liability for breach of contract: if the labor contract terminates during the validity term, Party B shall assume his certificate fees by himself.
IX. Other matters agreed by both parties
1 Compensation standard for breach of contract agreed after consultation by both parties is determined as follows
If Party B does not lodge and board at stipulated places of Party A, Party A isn’t liable for the safety of Party B.
2 Party B must comply with rules and regulations of Party A such as a system of reward and punishment, dormitory regulations, Party A isn’t liable for body injury or death of Party B arising from his own behavior of violation regulation.
X. Any undefined matters in connection with the contract shall be settled through negotiation between both parties in accordance with the labor law and related regulations, In case no settlement to disputes can be reached, the disputes shall be submitted to the labor dispute arbitration commission for arbitration.
XI. This agreement shall be made in dupllicates, with each party holding one respectively, and shall come into force on the day of signature or seal by both parties. The provisions of this contract are null where they violate the labor law or regulation of the state, or they are altered or signed without due authorization.
Party A (seal):
Party B (seal/signature):
Date:
