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labor contract sample

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labor contract sample

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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:


i.The Employee does not meet the job requirements during the probationaryperiod;

ii.The Employee seriously violates disciplines or bylaws of the Employer;


iii.The Employee seriously neglects his duty, engages in malpractice for selfish ends and brings
significant loss to the Employer;
iv.The Employee is being punished by physical labour for its misfeasance

v.The Employee is being charged with criminal offences:


f.The Contract may be terminated by the Employer by giving notice in written form 30(thirty)
days in advance:


i.The Employee fails ill or is injured to (other than due to work) and after completion of medical
treatment, is not able to perform his previous function or any other function the Employer assigns
to him;


ii.The Employee does not show satisfactory performance and after training and adjusting measures
is still not able to perform satisfactorily;


iii.The circumstances have materially changed from the date this Contract was signed to the extent
that it is impossible to execute the Contract provided, however,that the parties cannot reach an
agreement to amend the contract to reflect the changed circumstances.

iv.The Employer is being consolidated in the legal consolidation period on the brink of bankruptcy
or the situation of business is seriously in trouble, under such condition, it is required to reduce the
emplouee.(in legal procedure)


g.The Employee shall not be dismissed :

i. The Contract has neither expired nor conformed to 8.d,8.e,8.f,8.g;

ii.The Employee is ill with occupational disease or injured due to work and has been authenticated
fully or partly disabled by the Labour Authentication Commission in Baodi County, Tianjin.


iii. The Employee is ill or injured (other than due to work) and is within the period of medical
leave provided for by applicable PRC law and regulations and Company policy;


iv.The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year
of age; or


iii.The applicable PRC laws and regulations otherwise prohibit the termination of this Contract.


h.The Contract may be dicharged by the Employee by giving notice in written form 30(thirty)
days in advance. However, the Employee may inform the Employer to discharge the Contract at
random under the following occasions:


i.The Employee is still in the probationary period;
ii.The Employer force the Employee to work by violence, duress or illegal restriction to physical
freedom;

iii. The Employer does not pay the remuneration of the Employee accordance with the relevant
clause in the Contract;


iv.The Employer violates the relevant regulations of State or Tianjin for its terrible safe and health
condition, which is harmful to the Employee’s health.


I.The Contract can not be terminated by the Employee before the expiration if not conforming to
8.d, 8.h,


j. The Employer shall pay the economic compensation to the Employer if the Contract is
terminated conforming to 8.d,8.f,8.h.i-8.h.iv. Additional fee for medical allowance should be paid
to the Employee if the Contract is terminated conforming to 8.f.i.

9.Breach Liabilities


a. Due to either party’s fault, if breaching the Contract, that party shall undertake the breach
liability according to the extent to the performance of the Contract; if the parties both breach the
Contract,they shall undertake its separate liability according to the concrete situation.

b. Due to either party’s fault, if breaching the Contract to damage the other party. The damage
should be compensated by the faulty party accordance with the relevant laws and regulations of
PRC.


c.Due to the force majeure, causing the non-performance or the damages to either party, the other
party may not undertake the breach liability;


c.The Employee wants to resign and has received training provided by the Employer, the
Employee shall compensate for the training cost. The method of compensation should be fi xed
according to the relevant company regulations as follows:


The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract
is terminated by the Employee at his cause;


The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract
is terminated by the Employee at his cause;

The Employee shall compensate RMB_______ within___year(s) in the Company if the Contract
is terminated by the Employee at his cause;


10.Labor Disputes
Where a labor dispute between the parties takes place during the performance of this Contract, the
parties concerned may seek for a settlement through consultation; or either party may apply to the
labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the
parties requests for arbitration, that party may apply to the labor dispute arbitration committee for
arbitration. Either party may also directly apply to the labor dispute arbitration committee for
arbitration within 60 days starting from the date of the occurrence of a labor dispute. If one of the
parties is not satisfied with the adjudication of arbitration, the party may bring the case to a
people's court within 15 days of the date of receiving the ruling of arbitration


11.The verification of this Contract shall be made in Baodi Labour Bureau, Tianjin within 30 days
after being signed by the parties.




Employer: (official stamp)                             Employee:

Representative :


Address:                                               Address:




Date: July ,2003


It’s verified herein that the Contract conforms to the relevant laws and regulations through
examination and review.

Authority;


Clerk:
LABOR CONTRACT

Shanghai Ctrip Commerce Co., Ltd. (hereinafter referred to as "Party A")

and

Name of Employee:__________                       Identification Card No.:
___________
(hereinafter referred to as "Party B")

hereby execute this Contract in accordance with the applicable provisions
of
"The Labor Law of the People's Republic of China" and other laws and
regulations
on the basis of equality, voluntariness and consensus.

Article 1

Term of Contract and Probation Period

        1.       The term of this Contract shall be __ years __ months, from
dd mm
                 yy to dd mm yy, during this: there shall be a probation
period of
                 ___ years ___ months, from dd mm yy to dd mm yy.

        2.       This Contract shall take effect on the day Party B actually
                 commences work for Party A.

     3.          During probation period, Party A shall perform a
performance
                 review on Party B, and shall decide whether to formally hire
Party
                 B based on Party B's work performance and capabilities. The
                 probation period shall end upon notice from Party A of Party
B's
                 formal hiring, and Party B shall become Party A's formal
employee.
                 In the event that Party A does not believe that Party B fully
                 meets hiring conditions, Party A may extend the probation
period
               in accordance with applicable rules. During the probation
period,
               in the event that Party A does not believe that Party B meets
               hiring conditions and decides not to hire Party A, this
Contract
               shall be terminated automatically.

     4.        On the day Party B reports to work, Party B shall provide
Party A
               with the labor certificate or relevant severance
certificates
               [from Party B's previous employer]. In the event such proof
is not
               provided within half a month, Party B must have a reasonable
               application and may get an extension only after Party A
gives
               consent, and said extension shall not exceed one month. In
the
               event that Party B fails to provide relevant proof within
the
               prescribed timeframe, this Contract shall be automatically
               terminated.

Article 2

Job Post and Job Duties

        1.     Party B shall hold the position of ___ with the department
of
               ____. Party B shall complete his work according to the job
duties
               defined by Party A.

     2.        Party A may change Party B's job due to Party A's business
need or
               due to Party B's capabilities or performance. Party B shall
have
               the right to make his


<PAGE>
EXHIBIT 10.3

TRANSLATION


                own comment, but shall comply with Party A's work
arrangements,
                and shall complete the procedures for change according to
the
                rules.

Article 3

Work Conditions and Labor Protection

        1.      Party A shall implement a 40-hour work week system. Due to
                business needs, management, sales and service departments,
etc.,
                shall implement an irregular work system or comprehensive
work
                hour system.

     2.         In the event that Party A needs Party B to work overtime
due to
                business needs, Party A may provide makeup breaks or
compensation.

        3.      Party A shall provide Party B with a work environment and
labor
                protection measures consistent with the requirements of
the
                Chinese Government.

Article 4

Compensation

     1.         In accordance with the current salary system of Party A,
Party B's
                total monthly salary shall be RMB____. At the end of the
probation
                period, Party B's monthly salary shall be issued in the
following
              manner.

              a.   The base amount shall be RMB___ , of which ___% shall
be the
                   performance review bonus, which shall be issued after
being
                   floated according to Party A's performance review
system.

              b.   The salary shall be RMB___, plus a bonus. The bonus
shall be
                   issued in accordance with relevant requirements of
Party A.

     2.       Party A shall issue the salary for the previous month on
the 10th
              of each month.

     3.       Party B's personal income adjustment tax shall be borne by
Party B
              himself, and shall be withheld by Party A.

     4.       Party A may pay Party B a certain amount of subsidies and
bonuses
              depending on the business operating status and Party B's
work
              performance.

     5.       In the event that Party A implements a new salary system,
adjusts
              salary levels or in the event that Party B's duty post and
              position is changed, Party A may make an adjustment to Party
B's
              salary in accordance with the relevant rules.

Article 5

Labor Insurance, Welfare and Benefits

        1.    Party shall pay relevant social insurance to designated
              authorities on Party B's behalf in a timely manner in
accordance
              with government requirements.
        2.      Party B shall be entitled to legal holidays specified by
the
                Chinese Government, as well as paid leaves, such as annual
                vacations, marital leave, bereavement leave and maternity
leave,
                etc.

        3.      During Party B's employment with Party A, in the event of
Party
                B's sickness or non-job related injuries, Party B shall set
Party
                B's medical leave in accordance with government
requirements.




<PAGE>


EXHIBIT 10.3

TRANSLATION


Article 6

Labor Discipline

        1.      Party B shall strictly comply with the various rules and
                regulations prepared by Party A in accordance with law.

     2.         In the event that Party B has complied with rules and
regulations
                in an exemplary manner or in the event that Party B has
violated
                such rules and regulations, Party A shall reward and
discipline
                Party B, as the case may be.

Article 7

Termination of, Changes to, Renewal and Dissolution of Labor Contract
     1.        Upon the occurrence of any one of the following
circumstances,
               this Labor Contract shall be terminated:

              a) The expiration of this Labor Contract;

              b) Party A has been declared bankrupt in accordance with
law;

              c) Party A has been dissolved or revoked in accordance with
law;

              d) Party B's retirement, severance or death;

              e) Other circumstances specified by laws and regulations;

     2.       This Labor Contract may be terminated upon consensus
between
              Party A and Party B;

       3.     Upon its expiration, this Labor Contract may be renewed
upon
              mutual agreement between Party A and Party B;

     4.        Due to change of products, adjustment to business
operations or
               due to policy adjustments and other changes of
circumstances,
               Party A may change the relevant contents of this Contract
and
               complete the procedures for such changes;

       5.     Party B may terminate this Labor Contract at any time upon
the
              occurrence of any one of the following circumstances:

              a)   Party B is in the probation period;

              b)   Party A forces Party B to perform labor through force,
threat
                   or illegal restriction on Party B's personal freedom;

              c)   Party A fails to pay labor compensation or provide work
                   conditions;
               d)   Upon confirmation by labor protection and labor health
                    oversight authorities, Party A's work safety and
health
                    conditions do not meet the standards of laws and
regulations;

       6.      Party B must give Party A 30 days of written notice when
it
               requests termination of this Labor Contract. In the event
that any
               special provisions have been covenanted regarding the
deadline for
               advance notice, the requirement for such a prescribed
deadline
               shall be met.

     7.        Upon the occurrence of any one of the following
circumstances,
               Party A may terminate this Labor Contract, but must give
Party B
               30 days of written notice:

               a)   In the event that Party B becomes sick or suffers
non-work
                    related injuries, after Party B's medical leave has
ended,
                    Party B still has not

<PAGE>




EXHIBIT 10.3

TRANSLATION


                    recovered, or although Party B has recovered, Party B
cannot
                    perform the work on the original duty post or any other
work
                    arranged by Party A;
                b)   Party B is incompetent, and still remains incompetent
even
                     after training or even though Party B's duty post has
been
                     adjusted;

                c)   There have been major changes to in objective
circumstances
                     used as the basis for the execution of this Labor
Contract,
                     rendering it impossible to perform the original Labor
                     Contract, and the parties are still not able to reach
an
                     agreement on changes to this Labor Contract after their
                     consultations;

        8.      Party B may terminate this Labor Contract at any time upon
the
                occurrence of any one of the following circumstances on
Party B's
                part:

                a)   Party B proves that Party A has not met the hiring
conditions
                     during the probation period;

                b)   The cumulative number of days of Party B's absence
without
                     leave and leave exceeds the number of days allowed by
Party A;

                c)   Party B seriously violates the labor discipline or the
rules
                     and regulations of the company;

                d)   Party B neglects his duty and is engaged in malpractice
for
                     personal gains, causing substantial loss to Party A;

                e)   Party B is held criminally liable in accordance with
law; and

                f)   Other circumstances specified by laws and regulations.
     9.       The performance of this Labor Contract shall be suspended
upon the
              occurrence of any one of the following circumstances:

              a)   Party B is drafted into military service or performs
other
                   legally mandated obligations specified by the state;

              b) Party B is temporarily unable to perform the
obligations under
                  this Labor Contract, but there are still conditions and
                  possibilities for the employee to continue to perform
them;
                  and

              c)   Other circumstances set forth by laws and regulations
or
                   covenanted by this Labor Contract.

Article 8

Liabilities for Breach of This Labor Contract

     1.       Upon the termination, dissolution of this Labor Contract
or upon
              the occurrence of liability for breach of same, legal
liabilities
              shall be undertaken in accordance with the applicable
provisions
              of the "Labor Law" and state laws and regulations. In the
event
              that any economic losses or damages have been caused to the
other
              party, liabilities for damages shall be in accordance with
law.

        2.    In the event that when Party A terminates this Contract in
              accordance with Section 7, Article 7, and Party B
terminates this
              Contract in accordance with Section 7, Article 7 and Clause
2,
              Section 2, Article 9, if no advance notice is given in
accordance
              with the prescribed requirements or if advance notice is
               insufficient, compensation shall be paid at the number of
               deficient days multiplied by the average number of days of
Party
               B's actual monthly salaries.


<PAGE>




EXHIBIT 10.3

TRANSLATION

     3.        When Party B is engaged in professional and technical work
or has
               access to Party A's trade secrets or in the event Party B
               terminates this Contract in violation of Clause a, Section
2 and
               Section 3 Article 9 during the period of required service,
Party B
               shall be liable for breach of contract and pay a penalty
               equivalent to three months' salaries.

        4.     In the event Party B has received training funded by Party
A and
               terminates this Contract in violation of Clause a to Clause
e,
               Section 8, Article 7 during the period of required service,
Party
               B shall compensate Party A for the training fee, which shall
be
               decreased by the year in accordance with the applicable
state
               requirements.

Article 9

Other Matters Covenanted By the Parties Through Consultations

        1.     Confidentiality

               a)   Party A maintains a strict policy on confidentiality.
Any
                     violation by Party B of the confidentiality rule shall
be a
                     serious violation of this Contract. Upon severance,
Party B
                     shall not photocopy, take away or disclose in any
manner any
                     documents or information belonging to Party A, and
shall
                     maintain trade secrets for Party A.

        2.      Denial of Access to Secrets

                a)   Party B shall maintain trade secrets for Party A.
Relevant
                     workers who engage in professional and technical work
or who
                     have access to trade secrets shall give Party A three
months
                     of written notice when they request termination of
their labor
                     contracts. During this time, Party A may take
corresponding
                     measures to deny access to secrets.

                b)   During Party B's denial of access to secrets, Party A
shall
                     have the right to adjust Party B's duty post, and may
adjust
                     Party B's duty post salary based on the current duty
post.

        3.      The Required Service Period

                a)   In the event that Party A has spent funds to hire Party
B, has
                     provided training or other special treatment to Party
B, Party
                     A may covenant a required service period with Party B.

                b)   In the event that Party B terminates this Labor
Contract
                     during the required service period, Party B shall give
Party A
                     two months written notice, and shall compensate Party
A in
                     accordance with relevant requirements. At the same
time, Party
                     A may adjust Party B's duty post.

        4.      Non-competition

                a)   Party B agrees not to be hired by another company
without
                     approval during the term of this Contract.

                b)   Party B agrees not to engage in direct or indirect
business
                     contact with Part A and the affiliates thereof without
                     approval for one year after the termination of this
Contract;
                     shall not engage in actions in competition with Party
A and
                     the affiliates thereof or engage in business of a
similar
                     nature in any manner, and Party A shall provide
corresponding
                     compensation.


<PAGE>




EXHIBIT 10.3

TRANSLATION


        5.      Intellectual Property: Party A shall own the rights to all
                intellectual property created by Party B relating to Party
B's
                employment during the service period, including
inventions,
                creations, all patents, copyrights and other intellectual
                properties.

      6.       Other Covenants
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Article 10

For matters not covered by this Contract, decisions shall be made by
reference
to applicable provincial and local laws, regulations and policies, as well
as
the system of the company. In the absence of specific rules, such matters
shall
be resolved by Party A and Party B through friendly consultations.

Article 11

In the event that the provisions of this Contract contravene applicable
provincial laws, regulations and policies, applicable provincial laws,
regulations and policies shall control.

Article 12

This Contract shall be in duplicate copies, with one copy for each of the
parties, and shall take effect upon affixation thereto of the signatures
and
seals of the parties.


Party A (Seal)
Shanghai Ctrip Commerce Co., Ltd.


Signature of Authorized Representative:                Date: dd mm yy

Party B's signature:                                   Date: dd mm yy

								
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