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Labor Contract - Beijing Super Channel Network Ltd.
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Labor Contract P.1/12
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Contract No.:
Beijing Super Channel Network Limited
Labor Contract
Party A:
Party B:
Date of Signature:
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Labor Contract P.2/12
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Party A:
Form of the Employer:
Address of Party A:
Party B:
Sex:
ID Card No.:
Home address:
Postal Code:
Hereafter referred to as parties
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Labor Contract P.3/12
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In accordance with the (Labor Law of the People's Republic of China), after
consultation, the Parties have agreed to sign this Labor Contract ("Contract")
and have agreed on the following terms:
Term of the Labor Contract
Clause 1 The effective date of this Contract is _____MM______DD______YY. The
probation period is ___month(s). During the probation period, Party
A has the right to terminate this Contract at any time if Party B is
not up to the standard. If both parties are content with each other
when the probation period is expired, Party B shall become the
formal employee of Party A. The Contract will be expired on
_____MM______DD______YY.
Content of work and Obligations
Clause 2 Party B agrees to assume the position of ____________ in
_____________ Department and the job assignments as set by Party A.
Clause 3 The service provided by Party B shall be up to the standard required
by Party A and perform the duties from time to time as assigned by
Party A.
Clause 4 Party B shall perform the following obligations when providing
services to Party A:
1. To observe Constitution, Law and Regulations of the People's
Republic of China;
2. To observe regulations and rules of Party A;
3. To protect Party A's credit and prestige.
Clause 5 Party B shall undertake obligations not to disclose any confidential
information of Party A or Party A's clients obtained during his
service period with Party A. Party A shall have the right to require
Party B to enter into an agreement specially on confidentiality if
necessary. The aforesaid agreement will form part of this Contract
when they are entered.
Working hours, labor protection and working conditions
Clause 6 Party A exercises five working-day system with a total of 40 hours'
work a week.
Clause 7 Party A shall arrange an annual health check-up for Party B in
accordance with the regulations stipulated by the State or the
relevant local authorities of Beijing.
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Labor Contract P.4/12
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Clause 8 Party A is responsible for providing education and training to Party
B on professional ethics, service skills, safety and health matters
and relevant rules and regulations.
Both Parties shall sign a training agreement on special training
arrangements. Once the agreement is signed, it will form part of the
Contract.
Remuneration
Clause 9 The salary shall be determined according to job responsibility.
During the employment, Party A will pay to Party B a monthly salary
of RMB __________ before tax. Annual Bonus will be RMB _________
before tax.
Clause 10 Party B shall perform services according to the fixed working hour
system to Party A who shall pay the salary of the previous month in
RMB to Party B at the end of each month. The salary shall not be
less than the lowest salary level in Beijing. The salary level shall
be specified in the Contract. Party A will inform Party B of any
change of salary in writing. In accordance with the government rules
and regulations, Party A may withhold the Party B's payroll for
paying off the personal income tax.
Social Insurance and Welfare
Clause 11 Party A shall pay for Party B the social insurance according to the
relevant regulations stipulated by the State and Beijing government
authorities.
Clause 12 The compensation for Party B for sick leave or injury not related to
work and the expense for illness remedy shall be given according to
the relevant law and regulations and Party A's regulations with the
exception of deliberate injury or sickness or injury due to Party
B's fault or as a result of violating the law and regulations of the
State by Party B.
Clause 13 The compensation for occupational disease or work-related injury and
medical insurance shall be provided according to the relevant
regulations stipulated by the State and local authorities of
Beijing.
Clause 14 Party A shall provide Party B with the social insurance and welfare
which include retirement insurance, medical care, unemployment
insurance, housing fund, annual holidays and etc. Please refer to
the Staff Handbook for details.
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Labor Contract P.5/12
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Labor Discipline
Clause 15 Party B shall obey the rules and regulations laid down
according to the law by Party A. Party B shall strictly obey the
labor safety and health, technological process of production,
operational rules and the working norm established by Party A;
Party B shall cherish the property owned by Party A and follow the
professional ethics. Party B shall actively participate in the
training set up by Party A and improve technical skills. Rules and
regulations for the purpose of this Clause shall include:
1. Staff Handbook;
2. Code of Business Conduct;
3. Other regulations and modifications of the rules and
regulations made from time to time by Party A.
Clause 16 When Party B violates the labor disciplines, Party A may take the
disciplinary action against Party B until this Contract is
revoked.
Alternation, Revocation, Termination and renewal of the Labor Contract
Clause 17 Should the relevant law, administrative rules and regulations be
changed, this Contract shall be changed accordingly.
Clause 18 In the event of the objective conditions taken as the basis
of this Contract experience such major changes that this Contract
may no longer be performed, both parties shall work to amend the
relevant content of this Contract through consultation.
For the purpose of this Clause, the objective conditions shall
mean:
1. Party A is liquidated by its Parent Company;
2. Party A can not continue its operation due to operation
difficulties;
3. Party A is facing bankruptcy;
4. Change of law or government policy, administrative penalty or
court injunction causing the termination or impossible
operation of Party A;
5. Force condition such as war, earthquake, flood or fire.
6. In the event of merger & acquisition or separation.
7. Other conditions as required by local applicable law.
Clause 19 This Contract may be terminated upon agreement reached between the
parties involved through consultation.
Clause 20 Party A has the right to terminate this Contract if Party B
involves in any of the following:
1. Party B is not able to meet and/or perform the job requirements
during the probation period;
2. Party B violates the labor disciplines or the rules and
regulations of Party A;
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Labor Contract P.6/12
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3. Party B causes great loss to Party A due to dereliction of duty
or engagement in malpractice for personal purposes;
4. Party B is investigated for criminal responsibilities in
accordance with the law;
5. Party B does damage to credit or prestige of Party A;
6. Party B violates Clause 4 or Clause 5 of this Contract or
breaches the obligation of keeping information confidential
under
Code of Business Conduct or Confidential Agreement as attached
hereto;
7. Party B violates Clause 12 to commit self-injury;
8. The declaration made by Party B in respect of labor
relationship with any third party as attached hereto is proved
untrue;
9. Party B violates the training contracts provided in Clause 8
and attachments hereto.
For the purpose of item 2 of this Clause, violation of labor
discipline or Party A's regulations include but not limit to:
1. Taking bribe;
2. Taking or giving private commission;
3. Doing activities which are not related to Party A's business by
using Party A's resources;
4. Deliberately staying away from work for 5 days in succession or
for 15 days accumulatively in one year;
5. Bad working behavior causing complaint from client
accumulatively for 5 times in one year; 6. Others (which are
provided according to Party A's regulations).
Clause 21 In any of the following circumstances, Party A has the right to
terminate the Labor Contract giving a written notification to
Party B three months in advance:
1. Party B is unable to take up his original work or any new
work arranged by Party A after the completion of his medical
treatment for illness or injury not related to work;
2. Party B is unqualified for his work and remains unqualified
even after receiving a training or an adjustment to the post;
3. No agreement on the modified Labor Contract can be reached
through consultation between the parties according to Clause 17
and Clause 18.
Clause 22 During the period of statutory consolidation when Party A comes to
the brink of bankruptcy or runs deep into difficulties in
production and /or management, Party A may revoke this Contract
after it explains the situation to its staff and solicits opinions
from them and reports to the labor authority
Clause 23 Party A shall not revoke its Labor Contract with Party B in
accordance with the stipulation in Clause 21 and Clause 22 of this
Contract if any of the following occurs:
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Labor Contract P.7/12
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1. Party B is under medical treatment for disease or work-related
injury with the prescribed period of time;
2. Party B is a female who is during pregnancy, maternity or
breast-feeding period.
Clause 24 Should Party B incur any occupational illness or work-related
injury and he or she, after medical treatment, is confirmed by The
Labor Appraisal Committee for the part or whole loss of working
ability, the matter shall be dealt with according to the relevant
laws, administrative regulations and regulations of Beijing
Municipality and Party A. This Contract shall not be terminated
according to Clause 21 and Clause 22 as above-mentioned.
Clause 25 Party B may revoke the Labor Contract with a written
notification given to Party A three months in advance except the
situation that the problem of damage to Party A made by Party B
and other problems of Party B have not been solved completely.
Clause 26 Party B may notify at any time Party A of his decision to revoke
the Labor Contract in any of the following circumstances:
1. within the probation period;
2. where Party A forced Party B to work by resorting to violence,
intimidation or illegal restriction of personal freedom;
3. failure on the part of Party A to pay labor remuneration or to
provide working conditions as agreed upon in this Contract.
Clause 27 The Labor Contract shall terminate upon the expiration of its term
and occurrence of termination conditions stipulated in this
Contract. This Contract is extendable by issuing a Labor Contract
Renewal Agreement.
Economic compensations
Clause 28 Party A shall not make any economic compensation to Party B if
Party B violates Clause 20 of this Contract. Party B shall be
liable for any damage made to Party A.
Clause 29 In any of the following circumstances that Party A violates the
engaged conditions of this Contract, Party A shall pay the
economic compensation to Party B according to the applicable law
and government regulations of Beijing Municipality:
1. Party A deducts salary or delay paying salary to Party B
without reason;
2. The salary paid to Party B by Party A, which is lower than the
local minimum level.
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Labor Contract P.8/12
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Clause 30 In accordance with the applicable law and government regulations
of Beijing Municipality, Party A shall pay Party B a compensation,
which is calculated based on Party B's years of service with Party
A. The maximum amount of compensation shall not exceed 12 months
salary of Party B, if any of the following circumstances occurs:
1. The Labor Contract is revoked after the consultation with Party
B;
2. Party A revokes the Labor Contract when Party B is unqualified
for his/her work and remains unqualified even after receiving
training or changed to another work.
Clause 31 If Party A revokes this Contract in any of the following
circumstances, Party A shall pay Party B the economic compensation
according to Party B's years of service. The economic compensation
shall be one month salary, which is calculated based on the
company's average monthly salary in the previous year, for every
one completion of year of service of Party B:
1. Party B is unable to engage in his original work or any new
work arranged by Party A for an illness or injury not related
to work with the confirmation by The Labor Appraisal Committee.
2. The original Contract becomes inapplicable due to the fact that
the objective circumstances taken as the basis of this Contract
have greatly changed and the parties can reach no agreement
on the modified Labor Contract through consultation.
3. During the period of statutory restructuring when Party A comes
to the brink of bankruptcy or runs deeply into difficulties in
production and /or management and if reduction of its personnel
becomes really necessary.
Under the above-mentioned circumstances, Party A shall pay Party
B's average monthly salary of the preceding 12 months before the
revocation of the Contract if Party B's average monthly salary in
the preceding 12 months is higher than that of the company's
average monthly salary in the preceding 12 months.
Clause 32 In the event that the Labor Contract is revoked because Party B is
unable to engage in his/her original work or any new work arranged
by Party A for illness or injury not related to work with the
confirmation by the Labor Appraisal Committee, Party A shall pay
Party B a medical subsidy in accordance with the applicable law,
regulations of People's Republic of China and the related
regulations of Beijing Municipality.
Clause 33 When Party A revokes the Labor Contract by violating the engaged
condition in this Contract, or this Contract becomes invalid due
to the reasons imputable to Party A and thus cause the damages to
Party B, Party B shall be paid the economic compensations in
accordance with the applicable law, administrative regulations and
regulations of Beijing Municipality.
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Labor Contract P.9/12
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Clause 34 Party B shall make compensation to Party A in accordance with the
compensation clause of Confidential Agreements (if any) and in
accordance with the applicable law and administrative regulations
of State and Beijing Municipality if Party B breaches the
provisions herein relating to confidential information and makes
damage to Party A. If the declaration with respect to the labor
relationship with third party is not true, Party A will be
entitled to terminate this Contract according to Clause 20 herein
and Party B shall compensate Party A the loss due to any claim of
third party or any administrative penalty whereby caused.
Clause 35 Should Party B have received training from Party A and terminates
this Contract before expiry date of the Contract, he/she shall
undertake liability provided in the training agreements.
Other engaged content
Both parties may add the following provisions as a result of consultation:
Clause 36 "Intellectual Property" means copyrights, related rights,
patents, utility models, trade marks, trade names, design rights,
database rights, rights in undisclosed or confidential
information (such as know-how and trade secrets (whether
patentable or not)), and other similar intellectual property
rights (whether registered or not) and applications for such
rights, as each may exist anywhere in the world.
Party B will promptly disclose to Party A and to no other party
all Intellectual Property originated, conceived, written or made
by Party B alone or with others (except only those works
originated, conceived, written or made by Party B wholly outside
his/her normal working hours and which are wholly unconnected
with his/her employment).
All Intellectual Property, including all records, documents,
papers (including copies and summaries thereof) of the same on
any medium, originated, conceived, written, made or acquired by
Party B in the course of his/her employment or related directly
or indirectly to the business of Party A shall, together with all
the worldwide rights in the same, be and at all times remain the
absolute property of Party A.
Labor Disputes
Clause 37 In the event of any labor disputes, the Parties may apply to the
labor dispute arbitration committee in the relevant district for
arbitration within sixty days from the date when the dispute
takes place. Any party who is not satisfied with the arbitration
may bring the case to the People's Court.
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Labor Contract P.10/12
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Miscellaneous
Clause 38 The following rules and regulations shall be attachments of this
Contract and constitute part of this Contract:
1. Staff Handbook
2. Business Code of Conduct
3. Declaration of Employment
4. Supplement of Labor Contract
5. Confidential Agreement (if any)
6. Training Contracts (if any)
7. Letter of Alternations of Employment Terms & Conditions (if
any) Other rules and regulations and modifications of the
existing rules and regulations from time to time in
accordance with the requirements of the circumstances,
should be the integral part of this Contract.
Clause 39 Any items that are not mentioned in this Contract or those in
conflict with the prohibitions by the State or local goverment
shall be executed in accordance with the relevant stipulations.
Clause 40 This Contract is made in two copies. Each party holds one copy.
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Labor Contract P.11/12
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Party A:
Authorized representative or the entrusted agent
(Seal and signature)
The date of Signature:
Party B:
Date of Signature
Witness (organization)
Witness (person)
Date of witness
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Labor Contract P.12/12
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Instruction
1. This Contract is used as the Labor Contract signed between the enterprise
and its staff.
2. When using this Contract, in case the issues requires to be negotiated by
both parties, it shall be filled in the blank after consultation; in case
the issues shall be notified by Party A, it shall be filled in the blank so
as to make clear to Party B.
3. In this Contract, the seal of Party A is required; the authorized
representative or his deputy shall sign the name in person; the name and
date of birth of Party B shall be consistent with those on Party B's
Identity Card.
4. This Contract shall be filled out with ink, and in clear handwriting and
simple but correct language. Correction without mutual agreement is not
allowed once it is signed.
5. In case no space in this Contract is available for other contents agreed
upon between the Parties, the modification made on terms & conditions of
Labor Contract and the letter of Labor Contract Renewal attachment to this
Contract are allowed.
6. This Contract is duplicated in two copies, each party holds one. Party A
shall not keep the copy on behalf of Party B.
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Beijing Super Channel Network Limited
Supplement of Labor Contract
Party A:
Party B:
1. Capacity and Performance
During the employment, Party B will devote his/her full business time
and best efforts, business judgment, skill and knowledge, to the
advancement of the interests of Party A and its Affiliates and to the
discharge of his/her duties and responsibilities; provided, however,
Party B may engage in other activities, such as activities involving
professional, charitable, educational, religious and similar types of
organizations, speaking engagements, membership on the board of
directors of other organizations (as the Board may from time to time
reasonably agree to), and similar types of activities to the extent
that such other activities do not inhibit or prohibit the performance
of his/her duties under this Agreement, or conflict in any significant
way with the business of Party A and its Affiliates.
2. Stock Option Program
If Party B is an employee of Party A at the time that share options are
granted under a stock option plan of Party A or its Affiliates, the
Board will consider granting stock options to Party B. If the Board
decides to grant stock options to Party B, such stock options will be
granted on terms and conditions that will be set forth in a separate
letter issued by Party A at the time of grant.
3. Business Travel
As Party A and its Affiliates are involved in a regional business and
have business interests and dealings overseas, Party B may be required
from time to time to travel overseas in the performance of his/her
duties of employment with Party A and its Affiliates.
Subject to Party A's business travel policy as amended from time to
time, for all business purposes Party B will be entitled to travel
economy class except in those instances when total elapsed travel time
from point of departure to destination (including in-transit time at
airports enroute to destinations) is in excess of 6 hours. In such
cases, business class travel will be permitted.
In addition, travel time after midnight (based on the time at the
departure location) will have double weighting in counting towards
business class entitlement.
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4. Expenses
Party A will reimburse authorised expenses incurred by Party B on Party
A's business, subject to Party A's policies from time to time in force
relating to expenses. A guiding principle in settling expenses is that
there should neither be financial loss nor gain to Party B as a result
of any reasonable expense incurred on Party A's business.
All claims for expenses must be approved by Party A. No employee is
allowed to approve or authorise payment for his/her own expenses.
5. Conflict of Interest
Party B will not (without the prior written consent of Party A or any
one of its Affiliates) during his/her employment hereunder, directly or
indirectly be interested in any other businesses, or engage in, be
concerned with, or provide services to, any other person, company,
business entity or other organisation whatsoever (whether as an
employee, officer, director, agent, partner, consultant or otherwise).
Provided, however, Party B may engage in other activities, such as
activities involving professional, charitable, educational, religious
and similar types of organizations, speaking engagements, membership on
the board of directors of other organizations (as the Board may from
time to time reasonably agree to), and similar types of activities to
the extent that such other activities do not inhibit or prohibit the
performance of his/her duties under this Agreement, or conflict in any
significant way with the business of Party A and its Affiliates.
Without prejudice to the provisions of the preceding paragraph, Party B
agrees to declare all his/her business interests and provide requisite
details of such interests to Party A, whether or not they are similar
to or in conflict with the business or activities of Party A or its
Affiliates, at the date hereof and in the future.
6. Confidentiality
Party B's employment terms and conditions are strictly confidential
between Party B and Party A. Any disclosure of such employment terms
and conditions to other employees or outside parties without the prior
written approval of the Company or its Affiliates constitute a breach
of the Labor Contract and this Agreement and may result in disciplinary
action.
Party B will neither during the employment hereunder (except in the
proper performance of his/her duties) nor at any time (without limit)
after the termination thereof, howsoever arising, directly or
indirectly:
(a) use for his/her own purposes or those of any other person,
company, business entity or other organisation whatsoever; or
(b) disclose to any person, company, business entity or other
organisation whatsoever;
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any trade secrets or confidential information relating or belonging to
Party A or any of its Affiliates including but not limited to
information relating to customers, customer lists or requirements,
price lists or pricing structures, marketing and sales information,
business plans or dealings, employees or officers, financial
information or plans, designs, formulae, product lines, research
activities, any document marked "confidential" or any information which
Party B has been advised is "confidential" or which he/she might
reasonably expect Party A would regard as "confidential" or any
information which has been given to Party A or any of its Affiliates in
confidence by customers, suppliers or other persons.
Party B will not at any time during the continuance of his/her
employment with Party A makes any notes or memoranda relating to any
matter within the scope of Party A's business, dealings or affair
otherwise than for the benefit of Party A or its Affiliates.
Party B will not make or communicate any statement (whether written or
oral) to any representative of the press, television, radio, file or
other media and shall not write any article for the press or otherwise
for publication on any matter connected with or relating to the
business of Party A or any of its Affiliates without obtaining the
written approval of Party A unless permitted under the Group Policy on
the Media.
Forthwith upon the termination of Party B's employment hereunder,
and/or at any other time if Party A shall so request, Party B will
deliver to Party A all documents (including correspondence, lists of
customers, notes, memoranda, plans, drawings and other documents of
whatsoever nature) in whatever forms, including magnetic media, models
or samples made or compiled by or delivered to Party B or in his/her
possession concerning the business, finances or affairs of Party A or
any of its Affiliates. For the avoidance of doubt, it is hereby
declared that the property in all such document as aforesaid shall at
all times be vested in Party A or its Affiliates.
7. Competition
Party B will not for a period of 6 months after the termination of
his/her employment hereunder for any cause whatsoever:
(a) undertake or carry on, either alone or in partnership, nor be
employed or interested directly or indirectly in any capacity
whatsoever, anywhere in the Greater China Region (as defined
below) in any business, venture, or activity which is similar
to and competitive with any business, venture, or activity of
Party A or any of its Affiliates in which Party B has been
involved during the period of 12 months prior to such
termination; and
(b) either personally, through an agent or by letter, circular or
advertisement, whether on Party B's own behalf or on behalf of
any other person, firm or company, canvass, entice or solicit
(i) any employee of Party A or any of its Affiliates (whether
or not they would be in breach of their contracts of
employment by leaving the employment of Party A or any of its
Affiliates), or (ii) any purchase orders or service contracts
orders from any person, firm or company that was at any time
during the 12 months prior to termination of Party B's
employment a customer of Party A or any of its Affiliates.
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For the purposes of this Agreement, the "Greater China Region" means
the People's Republic of China, including Hong Kong, Macau and Taiwan.
8. Reasonableness of Restrictions
8.1 Party B recognises that, whilst performing his/her duties
hereunder, Party B will have access to and come into contact
with trade secrets and confidential information belonging to
Party A or any of its Affiliates and will obtain personal
knowledge of and influence over its or their customers and/or
employees. Party B therefore agrees that the restrictions
contained in Section 5, 6 and 7 are reasonable and necessary
to protect the legitimate business interests of Party A or any
of its Affiliates both during and after the termination of
such employment.
8.2 Without prejudice to the foregoing, if any part of any such
restrictions is found to be wholly or partly void, invalid, or
otherwise unenforceable then such part shall be deemed
eliminated or modified to the extent to which it is necessary
so that the restrictions in that part shall become valid or
enforceable.
9. Code of Conduct
At all times, Party B is expected to observe the highest standards of
ethical, personal and professional conduct.
Party B must not act dishonourably nor abuse the trust placed in Party
B by Party A. All improper business practices must be rejected.
Whether working in the Greater China Region and / or overseas, Party B
should adhere to Party A's policies and procedures and Party B must
comply with all legal requirements. Failure to comply with Party A's
policies, procedures or any legal requirements may result in
appropriate disciplinary actions taken against Party B and/or
termination of Party B's employment.
10. Termination of Employment and Severance Benefits.
10.1 Death
In the event of Party B's death, his/her employment under this
Agreement shall immediately and automatically terminate. In
that event, Party A shall pay to his/her designated
beneficiary or, if no beneficiary has been designated by Party
B, to his/her estate, any Basic Salary earned but unpaid
through the date of death and any Annual Bonus earned in
accordance with Clause 9 of the Labor Contract but unpaid at
the date of death.
10.2 By Party A for Cause
Party A may terminate Party B's employment under this
Agreement for Cause (as defined below) at any time upon notice
to Party B setting forth in reasonable detail the nature of
such Cause. The following, as determined by the Board in its
reasonable judgment, shall constitute Cause for termination:
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<PAGE>
(a) Party B's conviction by a court of competent
jurisdiction of a felony or any crime involving moral
turpitude;
(b) Party B's commission of any fraud, theft, embezzlement
or misappropriation of funds;
(c) Party B's willful failure to perform any of his/her
duties of employment or obligations under the Labor
Contract and this Agreement (other than as set forth in
Section 10.2(a)), or any other material breach of this
Agreement;
(d) Party B's gross negligence or misconduct (whether or
not it is directly injurious to Party A or its
Affiliates); or
(e) The commission of an act of fraud against, or the
misappropriation of property belonging to Party A or
its Affiliates by Party B.
Upon the giving of notice of termination of Party B's
employment under this Agreement for Cause, Party A shall have
no further obligation or liability to you, other than for
Basic Salary earned and unpaid at the date of termination. In
the event of any termination pursuant to this Section 10.2,
Party B will not be entitled to receive any Annual Bonus after
the provision of notice of such termination.
10.3 By Party A Other than for Cause
Party A may terminate Party B's employment under this
Agreement other than for Cause at any time upon notice to
Party B. Party A will give Party B's 3 months' notice in
writing or payment of 3 months' Basic Salary in lieu thereof
to terminate his/her employment. In the event of any
termination pursuant to this Section 10.3, Party B will not be
entitled to receive any Annual Bonus after the provision of
notice of such termination.
10.4 By Party B for Good Reason
Party B may terminate his/her employment under this Agreement
for Good Reason (as defined below), upon notice to Party A
setting forth in reasonable detail the nature of such Good
Reason. The following shall constitute Good Reason for
termination by Party B:
(a) Party B's involuntary removal from the position of
(Position); or
(b) Material diminution in the nature or scope of Party B's
role, duties, authority or reporting relationship as
(Position); provided, however, Party A's failure to
continue Party B's appointment or election as a
director or officer of any of its Affiliates and any
diminution of the business of Party A or any of its
Affiliates, including without limitation the sale or
transfer of any or all of the assets of Party A or any
of its Affiliates, shall not constitute "Good Reason".
In the event of any termination pursuant to this Section 10.4,
Party B will not be entitled to receive any Annual Bonus after
the provision of notice of such termination.
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10.5 By Party B Other than for Good Reason
Party B may terminate his/her employment under this Agreement
at any time by giving Party A 3 months' notice in writing or
payment of 3 months' Basic Salary in lieu thereof. In the
event of any termination pursuant to this Section 10.5, Party
B will not be entitled to receive any Annual Bonus after the
provision of notice of such termination.
11. References
This offer of employment is subject to satisfactory references, which
Party A will take up upon receipt of Party B's acceptance of Party A's
offer of employment.
Party A:
Authorized representative or the entrusted agent
(Seal and signature)
The date of Signature:
Party B:
Date of Signature
Witness (organ)
Witness (person)
Date of witness
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