【導(dǎo)讀】雙方有關(guān)乙方聘用中國員工等事宜，適用本合同。本合同，以及與本合同有關(guān)的一切事宜，一律適用中華人民共和國法律、法規(guī)。同條款與中華人民共和國法律、法規(guī)不一致時(shí)，以中華人民共和國法律、法規(guī)為準(zhǔn)。等；附件是本合同不可分割的組成部分，與本合同具有同等法律效力。本合同另有約定的除。乙方為中國員工承擔(dān)的社會和住房公積金；乙方要求甲方向中國員工提供福利保障的費(fèi)用；甲方有權(quán)對乙方侵害中國員工合法權(quán)益的行為進(jìn)行交涉并提出整改意見和要求。甲方為符合規(guī)定的中國員工辦理職稱評定。乙方應(yīng)尊重中國員工的民族習(xí)慣和宗教信仰，嚴(yán)禁種族歧視和性別歧視。并應(yīng)承擔(dān)中國員工工傷的責(zé)任。因乙方與中國員工發(fā)生聘用爭議而引起甲方與中國員工發(fā)生勞動(dòng)爭議仲裁或訴訟的，義務(wù)賠償因此造成的一切損失。乙方應(yīng)于每月十五日前，書面通知甲方其聘用中國員工的變更情況。嚴(yán)重失職、營私舞弊、對乙方利益造成重大損害的。被依法追究刑事責(zé)任或者勞動(dòng)教養(yǎng)的。

　　

【正文】 bsidy to the Chinese Staff according to government regulations and agreement in the Labor Contract. Chapter 5 Responsibility for breach of This Contract Article 18 General Responsibility Either party of This Contract in breach of the agreement in This Contract shall bear the economic losses caused thereby to the other party. Article 19 Responsibility Due To Delayed Payment Of Management Fee If Party B fails to pay Management Fee timely as agreed upon in Chapter 4 of This Contract, it shall, in addition to full amount payment, make a daily payment of fine for delayed payment equal to 2‰ of the sum payable from the overdue date to the date of actual payment. Article 20 Responsibility Due To Delayed Payment Of Economic Compensation Fund And Medical Care Subsidy If Party B fails to pay full amount of economic pensation fund and/ or medical care subsidy for dismissal of Chinese Staff timely as agreed upon in Chapter 3 and Chapter 4 of This Contract, it shall in addition to full amount payment, pay Party A the extra economic pensation fund equal to 50% of the sum payable. Article 21 Responsibility Due To Breach Of Secrecy Articles In case of either party to This Contract violating the agreement in of This Contract, the obs ervant party may determine the responsibility of breach of contract of the defaulting party according to the details in such breach, but it shall not be less than the sum of all Management Fee Party B should pay Party A within one month according to This Contract and Attachments. Article 22 Cancellation After Breach Of This Contract If either party violates the agreement in This Contract and does not make corrections thereon within 30 days, the other party shall be entitle to inform in written notice the other party of cancellation of This Contract and This Contract shall be cancelled from the date of issuance of such written notifice. Chapter 6 Supplementary Provisions Article 23 Compensation For Competition Restriction If Party B has signed an agreement on mercial secrecy and agreed upon petition restrictions with the Chinese Staff, it shall pay economic pensation to the Chinese Staff。 the specific amount and method may be decided between Party B and Chinese Staff themselves. Article 24 No Creation Of The Right Of a Third Party Any clause in This Contract is not used for or interpreted as provision and creation of the right of a third party to benefit itself. Such third party includes but not limited to the Chinese Staff. 19 19 Article 25 Other Matters As Stipulated By The Two Parties: If Salaries are paid to the Chinese Staff through Party A, it shall deduct and pay individual ine tax on Party A’s behalf. Article 26 Matters Not Addressed In Detail In This Contract Supplementary agreements shall be reached in conformity with the laws and regulations of the People’s Republic of China with respect to matters found to be not addressed in detail in This Contract in the course of its implementation. Article 27 Settlement Of Disputes Any dispute arising in the course of implementation of This Contract by the Two Parties shall be settled through their friendly consultation。 if such consultation fails, it can be submitted to China International Economic and Trade Arbitration Commission Shanghai Branch for arbitration. Article 28 Effectiveness Of This Contract This Contract shall bee effective on the date . Article 29 Modification Of This Contract During This Contract term, with exception of the agreement in and of This Contract, either party shall inform the other party in written notice 30 days in advance if it intends to modify This Contract。 the Two Parties shall reach an agreement with respect to modification of articles in 30 days after the other party receives such notification。 if the Two Parties fail to reach an agreement within the above mentioned period, the original clauses of This Contract shall remain valid for implementation by the Two Parties. Article 30 Termination of This Contract If either party intends to terminate This Contract, it shall inform the other party thereof in written 30 days in advance, otherwise, it shall pay a fine for breach of contract which equals to the sum of all Management Fee that Party B should pay Party A in current month according to the agreement in This Contract and its Attachments. Article 31 Cancellation And Termination Of Attachments Once This Contract is cancelled or terminated, Attachments are immediately cancelled and terminated. Article 32 Others This Contract is prepared in duplicate, with each party holding one of them having the same effect. This Contract is written in Chinese and English and in case of discrepancy between the two versions, the Chinese version shall prevail. 20 20 Seal of Party A : Seal of Party B : Signature of Party A’s Representative Signature of Party B’s Representative Date : Place : Party A Legal Address : Party B Legal Address : 655 Zhang Yang Road (Outside China) Registration No.: 3100001050058 Bene’s Bank Name (USD): Bank of China Shanghai Branch Tel : Account No. : 40303018240140361739 Fax : Bene’s Bank Name (RMB): Shanghai Office Address: Everbright Bank of China Shanghai Branch Account No. : 10608433013014035 ZC : Office Address : 3 Flour Jin Ling Building, Registration No. : 28, Jin Ling Road (W) Tel : ZC : 202121 Fax : Tel : 63861898 ext Fax: 63856522 21 21 Agreement On Employment Of Chinese Staff