Shanghai Home Inns Hotels Management Limited
Party A: Home Inns Hotels Management (Shanghai) Limited
Signature of Legal Representative:
Or Signature of Appointed Proxy:
Address of Party A: Number 400, [illegible]
Party B: Sun Jian
Educational Level: Undergraduate
Date of birth: August 7, 1964
ID Number: 310104640807281
Postal Code: 200135
Residential Address: [illegible] Jinxiu Road, Pudong
Street Office: [illegible] Pudong
I) Term of the Labor Agreement
The term of this agreement is 2 years. This agreement shall come into effect on December 14, 2004, and the date of termination is December 13, 2006. The term for this agreement includes (excludes) the probation period and the internship period, where the probation period is _ month.
II) Job Scope
Party B shall assume the role of a Chief Executive Officer in the Chief Executive Office department. Party B shall, as requested by Party A, complete the specified job responsibilities based on the required quantity and the required quality within the specified time.
If work requires, Party A shall have the right to change the department and job position of Party B.
III) Working Hours
Party A shall arrange Party B to work under an integrated work system.
Party B shall work at fixed hours, and work for 8 hours a day, 40 hours a week (excluding lunch hours and rest periods).
Party B shall hold a job whose working hours is computed on an integrated basis, and within an approved working hours cycle, the average number of working hours shall not exceed that allowed by the law.
If Party B will work without fixed hours, he/she may organize his/her work and rest hours on his/her own discretion as long as he/she can guarantee that the work assigned by Party A can be completed.
If Party A arranges Party B to work overtime, it shall make time for Party B to take breaks with corresponding lengths.
IV) Job Remuneration
Based on Party As current salary system, Party Bs monthly salary during the probation period shall be 15,000 Yuan, which shall be adjusted to Yuan after the probation period based on the actual work performance of Party B.
(where % is the performance bonus, which shall be issued according to the stipulated procedures of the company).
Party A shall pay job remuneration in accrual, where salary for the previous month shall be paid to Party B on the 10th day of each month in cash. Payment shall be made in advance or postponed if it falls on a public holiday.
V) Labor Protection
Party A shall provide Party B with a working environment and labor tools that comply with the State regulations, and provide for labor protection equipment that are safe, suitable and effective.
Party A is responsible for the education and training of Party B with regard to political ideologies, work ethics, business technologies, labor health and safety, and relevant rules and regulations.
VI) Insurance and Benefits
Party A and Party B shall make various social insurance payments for care of the elderly, unemployment and basic medical treatment in accordance with the relevant regulations of the State and the Beijing Municipality.
VII) Labor Discipline
Party B shall comply with the State laws and regulations, the Staff Handbook and various items in the rules and regulations that are stipulated by Party A in accordance with the law, and shall take good care of Party As property, comply with the work ethics, and uphold Party As business confidentiality.
VIII) Modifications, Discharge, Termination and Renewal of Labor Agreement
If there are changes to the laws, administrative rules and regulations that are relied upon when this agreement is executed, both Parties A and B shall modify the relevant contents through negotiation.
If there are material changes to the business conditions, business scope and business scale from those at the time of execution of this agreement, both Parties A and B may modify the relevant contents through negotiation.
This agreement may be discharged in the event that both Parties A and B come to a unanimous agreement after negotiations.
In the event that any one of the following circumstances occurs to Party B, Party A may discharge this agreement:
1. It is proven during the probation period that Party B does not satisfy the conditions of employment;
2. Party B violates labor disciplines or the rules and regulations of Party A;
3. Party B is involved in breach of duties or malpractices for selfish ends, thereby causing significant damages to the economic interests or reputation of Party A;
4. Party B is investigated by a judicial unit for his criminal act in accordance with the law;
In the event that any one of the following circumstances occurs vis-à-vis Party B, Party A may discharge this agreement provided that Party A informs Party B in writing 30 days in advance:
1. Party B suffers from sickness or non-work-related injuries, and after completion of medical treatment is unable to take up his original job nor any other kind of job reassigned by Party A;
2. Party B is incompetent at his job, even after training or after readjusting the job position;
3. There are significant changes to the objective circumstances that are relied upon when this contract is executed, resulting in the failure of execution of this contract. In addition, an agreement cannot be reached in relation to the modification of this Labor Agreement after negotiation between Parties A and B.
In the event that any one of the following circumstances occurs vis-à-vis Party B, Party A cannot discharge this agreement:
1. Party B suffers from sickness or non-work-related injuries, and is within the prescribed period for receiving medical treatment;
2. Party B is in pregnancy, delivery or breast-feeding period;
3. Party B has completed his/her active period of military service or has been reallocated new job in the industrial field due to rural land requisition, and has joined the work force for no more than three years;
4. Party B is serving his/her period of military service obligations.
If Party B is desirous of discharging this agreement, he/she shall give a written notification to Party A 30 days in advance, and only upon the consent of Party A shall he/she be able to go through the procedures of resigning from his/her job position in accordance with the terms in this Labor Agreement, and the agreement shall be terminated immediately. If, prior to obtaining Party As consent, Party B leaves his/her job position on his/her own discretion, the leave shall be deemed as a strike and handled accordingly, and for any economic loss that is caused to Party A consequently, Party A shall have the right to request economic compensation from Party B and the work unit that employs Party B.
In the event that any one of the following circumstances occurs, Party B can at any time notify Party A and discharge this agreement:
1. During the probation period;
2. Party A forces Party B to work by way of violence, threats, or illegal restriction of personal liberty;
3. Party A fails to pay the labor remuneration or provide the labor conditions in accordance to the provisions in this agreement.
Upon expiration of this agreement, this Labor Agreement shall terminate immediately, and the Labor Agreement may be renewed by negotiations between Parties A and B. Upon the retirement or resignation of Party B, or upon the occurrence of a condition for discharge as stipulated in this agreement, this agreement shall be terminated immediately.
IX) Liabilities for Breach of the Labor Agreement
If Party A or B breaches this agreement and thereby causes economic loss to the other party, it shall make compensation to the other party in accordance with the magnitude of the consequences and responsibilities involved.
During the term of this agreement, Party A shall sponsor the job and technical training of Party B, and if Party B discharges the agreement prior to the expiration of the term of service, Party B shall compensate Party A based on the actual amount of the training expenses less a 5% reduction of the actual training expenses for each month of service.
If Party B breaches the stipulations relating to business and technology confidentiality of the company, and thereby causes damages to Party A, he/she shall bear all the legal responsibilities.
In the event that this agreement cannot be performed due to reasons of force majeure, the parties herein shall not bear any legal responsibilities.
X) Resolution of Labor Disputes
In the event that any dispute occurs during the performance of this agreement, both Parties A and B may seek mediation at the Labor Dispute Mediation Committee of this company. If the mediation is unsuccessful, either party may apply for arbitration, and shall apply for an arbitration from the local Labor Dispute Arbitration Committee within 60 days from the date the dispute arises. The parties may also directly apply for arbitration without going through the Labor Dispute Mediation Committee of the company. If there is any dissatisfaction with the arbitration award, an appeal can be made to the Peoples Court within 15 days after receiving the arbitration award.
The aforesaid agreements of Party A, the current regulations that have been discussed and passed by the Board of Directors of the company, and future regulations that may be established shall be attached to this agreement and shall have the same legal binding force as this agreement.
If there are any changes to the legal representative of Party A or the appointed proxy of the legal representative, this agreement shall continue to be effective.
If there are any unresolved matters in this agreement, this agreement may be modified or supplemented with a unanimous consent of both Parties A and B after negotiations. If there is any conflict between this agreement and the relevant stipulations of the State and the Beijing Municipality, the relevant stipulations of the State and the Beijing Municipality shall prevail.
This agreement shall have two counterparts, and Parties A and B shall each hold one counterpart.
Signature of Legal Representative: /s/
|Date||of signature: December 14, 2004|
Signature of Party B: /s/ Sun Jian
Date of signature: December 14, 2004
Notice of Negotiations for Labor Agreement
Dear Mr/Ms Sun Jian,
In order to enable you to have a more complete understanding of the Labor Agreement of our company before you sign the Labor Agreement, we hereby provide you with the Labor Agreement of Home Inns Hotels Management Limited for your perusal. If you have any objections to this agreement, please contact the human resources department of our company for negotiation; if there are no doubts, please sign at the area next to the words Notified Party below, and legal effectiveness shall commence from the date of signature.
Notifying Party: Human Resource Department, Shanghai Home Inns Hotels Management Limited
Notified Party: /s/ Sun Jian
December 14, 2004
Source: OneCLE Business Contracts.