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 --------------------------------------------------------------------- ------ --------------------------------------------------------------------- ------ --------------------------------------------------------------------- ------ --------------------------------------------------------------------- ------ --------------------------------------------------------------------- ------ --------------------------------------------------------------------- ------ 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
"labor contract sample"