1 Contract partners 合同双方
Company Flugger Coatings (Shanghai) Co. Ltd., (hereinafter referred to as “The Company”) a wholly foreign owned enterprise organized and existing under the laws of the P.R.C., with its legal address at Room 1800, Tomson International Trade Building, No. 1 Ji Long Road, Waigaoqiao Free Trade Zone, Shanghai, represented in this contract by Mr. Henrik Larsen
甲方 业。法定地址: 。在本合同中以 先生为公司代表
Employee ______ ______________ ___ (hereinafter referred to as “The Employee”), ID Number:
乙方 ___( 以下称作“乙方” )
2 Employment 雇佣关系
2.1 The Company hereby offers formal employment to the Employee, and the Employee hereby agrees to be employed by the Company, with the work area of technical support, in accordance with the terms and conditions set forth in this Contract, the Job Description and the Remuneration Scheme annexed to this Contract and the Employee Handbook. A clean release from the Employee′s previous employer is required; otherwise the Company holds the right to revoke this offer.
3 Duration and probation period 合同期和试用期
3.1 This Contract, signed by the Company and the Employee, shall continue from , for a period of years(hereinafter referred to as “The Term”), unless the Contract is earlier terminated in accordance with its provisions.
本合同由甲方和乙方共同签订。除非其因合同相关条款的规定而提前终止，合同有效期（以下称为“合同期”）将从 年 月 日起持续至 年 月 日,为期 年。
3.2 The Employee shall be required to undergo a period of probation of 3 months. (Employees who renew contracts are exceptions if agreed to by the Company).
3.3 The Company may dismiss the Employee at any time during, or at the end of, the
probationary period if the Company considers that the Employee′s performance cannot satisfy the recruitment conditions or the standards in the job description during the probationary period. If the Company considers that the Employee′s performance has been satisfactory during the probationary period, the Employee shall become a regular employee of the Company in accordance with the terms of this Contract, and the probation period will be within the contract term.
在试用期中的任何时间或试用期末， 甲方如果认为乙方的表现没有达到雇佣的条件或工作描述的标准， 可以随时解雇乙方。如果甲方对乙方在试用期间的表现满意，则根据合同条款乙方将成为甲方的正式员工，并将试用期计入合同期内。
3.4 Execution of this Labor Contract shall terminate at its expiration. At least 30 days prior to the scheduled expiration of the Term, the Company shall offer the Employee a renewal of the Contract if the Company intends to renew the Contract. If the Company offers to renew the Contract, the Employee shall accept or refuse the renewal prior to the expiration of the Term. In the event that the Employee fails to respond prior to the expiration of the Term, the Employee shall be deemed to have refused to renew the Contract.
合同期满后本合同将终止。如果甲方打算续签合同， 应当在本合同期满之日至少30 天前向乙方发出续签的要约。在甲方发出续签合同的要约后，乙方应当在合同期满前接受或拒绝该要约。如果乙方在本合同期满前没有表态，视为放弃续约。
4 Work scope and work time 工作范围与工作时间
4.1 The scope of the Employee′s duties shall be determined from time to time in accordance with the needs of the Company by the deputy general manager or a manager of the Company designated by the deputy general manager. The Company has the right, after consulting with the Employee, to adjust the scope of the Employee′s duties in terms of the Company′s administrative requirements, and the Employee′s professional capability and working performance. The Employee shall diligently perform his/her duties to the best of his/her ability in accordance with the instructions of his/her supervisors, work in co-operation with his/her supervisors and colleagues, and observe the term of this Contract and the work rules of the Company contained in the Employee Handbook of the Company or otherwise issued by the Company.
4.2 The Employee shall be entitled to legal holidays, annual leave, and other paid leaves of absence in accordance with applicable law and the Company′s work rules, which are in force from time to time. The terms of leaves of absence at the date of commencement of the Term is described in the Remuneration Scheme attached to this contract.
5 Remuneration 劳动报酬
5.1 The monthly salary of the Employee during his/her probationary period shall be as set forth in the Remuneration Scheme. After the satisfactory completion of the probationary period, the Company will conduct an assessment of the Employee′s technical level, work attitude and efficiency etc. Thereafter the Company may change the wage of the Employee from time to time based on the performance of the Employee.
5.2 It is stipulated that during period of legal holidays and Marriage or Bereavement Leaves and legal participation in social activities, the Company shall pay the wage.
5.3 As for other subsidy and allowance of the Employee, the Company shall conduce according to relevant regulations of P.R.C or the Company′s own remuneration system.
5.4 The Company will pay all remuneration directly to the Employee in cash, less any amount required to be withheld by the Company as individual income tax. The Employee shall, however, have sole responsibility for any individual income tax and any other charges or taxes imposed on the Employee′s remuneration.
6 Social insurance and welfare 社会保障和福利
6.1 According to the stipulations of P.R.C, the Company shall pay Social Insurance Fund for the Employee, the Employee shall undertake his own part of Social Insurance Fund.
6.2 In case the Employee is ill or injured for non-work reasons, the Company shall offer the Employee a period of medical treatment according to the patient′s circumstances and the length of his/her service in the Company. The living expenses and medical fees are paid in accordance with relevant regulations of P.R.C.
6.3 As for other items of insurance and welfare, the Company shall conduce according to
relevant regulations of P.R.C.
7 Work condition and labor protection 劳动条件与劳动保护
7.1 The Company shall strictly observe rules and standards of P.R.C on occupational safety and hygiene and regulations on working hours, rest and holiday system as well as special protections on female employees; and provide occupational safety and health conditions conforming to relevant provision of P.R.C and necessary articles to ensure the Employee will be safe and healthy during process of production or work. If the Employee is to be engaged in work with occupational hazards, regular medical check should be provided.
甲方严格执行国家劳动安全卫生规程和标准、工作时间和休息、休假制度及女职工特殊保护规定， 为乙方提供符合国家规定的劳动安全卫生条件和必要的劳动保护用品，保障乙方在工作（ 生产）过程的安全和健康。如安排乙方从事职业危害的作业，需对乙方定期进行健康检查。
7.2 The Employee must strictly abide by rules of safe operations during working process, and has the right to refuse peccant command.
8 Labor discipline 劳动纪律
8.1 The Employee shall comply with all aspects of the Company′s rules relating to labor
discipline and other work rules and procedures of the Company contained in the Employee Handbook or otherwise issued by the Company from time to time.
8.2 The Employee is required to devote his/her full working power and ability to the Company, and is not allowed to perform work in his/her leisure time for other employers or him/herself during the term of this Contract.
8.3 The Employee is not allowed to accept gifts or loans from any person or organization
commercially related or in other ways related to the Company.
8.4 The Employee shall not accept gifts, loans or other benefits from other company or persons because of his/her work in the Company either directly or indirectly,
8.5 The Employee shall not behave exceeding the Employee′s authority or abuse the
Employee′s power, obey arrangements and orders from the Employee′s supervisor, and maintain good relationship with the Employee′s colleagues.
8.6 The Employee shall protect the assets of the Company. The Employee shall never use the assets of the Company for the purpose except for the Employee′s work.
8.7 Any violation of the above mentioned articles shall constitute a serious violation of
disciplines and cause the termination of this Contract by the Company in accordance with Article 9.1.2 and 9.1.3 of this Contract.
如果乙方违背了以上任何一条都将视为严重违纪，甲方将以此根据本合同9.1.2 条和9.1.3 条之规定终止合同。
9 Termination of Contract by the Company 甲方单方面解除合同
9.1 The Company may dismiss the Employee at any time without further notice if the Employee:
9.1.1 Is proven to be incompetent for the employing requirement during his/her period of
9.1.2 Seriously breach labor disciplines or regulations as stipulated by the Company;
9.1.3 Seriously neglects his duty and engages in malpractices for selfish ends, thus
causing significant harm to the interests of the Company; or
9.1.4 is found guilty according to the laws of P.R.C.
9.2 The Company may dismiss the Employee with 30 days prior written notice if:
9.2.1 the Employee suffers from a disease or has sustained an injury that is not work related, and is unable to resume his/her original work upon the expiration of the medical treatment period, and continues to be incapable of achieving an adequate level of performance after transfer to a different position;
9.2.2 the Employee is incapable of performing the duties of his/her position and continues to be incapable of achieving an adequate level of performance after training or transfer to a different position;
9.2.3 a major change in the objective circumstances pursuant to which this Contract was
entered into has rendered the Contract incapable of being carried out and the
Company and the Employee have failed to reach agreement on the amendment of
the Contract; or
9.2.4 the Company needs to reduce the number of its personnel in order to avoid serious
economic problems or as a result of the occurrence of major production or
operational problems, and has consulted with the Company′s trade union or the
9.3 If the Company dismisses the Employee pursuant to Article 9.2, the Company shall pay compensation to the Employee in accordance with applicable law.
如果甲方依照9.2 条解雇乙方， 甲方将根据相关法律向乙方支付补偿金。
9.4 The Company can not take Article 9.2 as basis to terminate the Contract, if one of the
following cases occurs to the Employee:
乙方有下列情形之一的， 甲方不得依据本合同9.2 条解除合同：
9.4.1 the Employee suffers from occupational disease or is injured from work, and loses
his labor capacity or part of the labor capacity, the fact of which is approved by the
relevant government organization;
9.4.2 the Employee is ill or injured and is within the stipulated medical treatment period;
9.4.3 female staff during her pregnancy, puerperium or breast-feeding period; or
9.4.4 under other conditions stipulated by laws and regulations..
10 Termination of the contract by the Employee 乙方单方面解除合同
10.1 The Employee may at any time resign from employment with the Company with 30 days written notice. If the Employee does so resign, the Company shall have no obligation to pay any compensation to the Employee in respect of the termination of the Contract.
10.2 If an Employee who has received training from the Company resigns pursuant to Article 10.1 before the end of the term of the Contract, the Employee shall, on resignation, repay to the Company training expenses according to the relevant Company rules.
如果乙方在合同期满前依照10.1 条辞退工作时已经接受了甲方培训， 则乙方必须依照甲方相关规定向甲方偿还该培训费用。
10.3 Notwithstanding the provision of Article 10.1, the Employee may resign at any time without notice:
尽管合同10.1 条有所规定， 但存在下列情形之一的， 乙方可以随时解除劳动合同：
10.3.1 during his/her period of probation;
10.3.2 if the Company fails to pay remuneration or provide working conditions in accordance with the terms of this Contract;
10.3.3 other cases governed by applicable laws or regulations of P.R.C.
11 Confidentiality 保密
11.1 The Employee agrees to maintain the confidentiality of this Labor Contract and all
information which may be disclosed to the Employee concerning manufacturing and
management processes and technology, marketing or financial information of the Company or any business entity affiliated with the Company, information relating to the products, procedures, business and services of the Company, in the strictest confidence and agrees not to disclose, directly or indirectly, in any manner, any such information to any person inside or outside the Company without the prior written consent of the Company or for any purpose other than the Employee′s performance of his/her duties and obligations under this Contract. The Employee specifically agrees that this obligation will survive the termination of the Contract.
乙方应允诺对本合同以及所有可能向乙方披露的有关甲方的生产和管理程序与技术， 甲方或甲方的关联经济实体的营销或财务信息， 甲方的产品、工艺、经营、服务信息等进行严格保密。事先未经甲方书面允许或出于履行合同规定的职责或义务之外的任何其他目的， 乙方均不得直接或间接以任何方式向甲方的内部或外部的任何人员透露相关信息。乙方同意上述义务在合同终止后仍然有效。
11.2 Upon termination of the Contract, the Employee shall promptly return to the Company all drawings, blueprints, memoranda, client lists, business cards both personal and those collected during the time of employment, keys, computer disks, clothing, formulae, financial statements and marketing information of the Company in the possession of the Company.
11.3 In the event of violation of duties of confidentiality, the Employee shall pay penalty to the Company for breach of contract equaling to the Employee′s one-year income from the Company. If the penalty for breach of contract cannot cover the losses of the Company caused by the Employee, the Employee shall compensate all losses of the Company.
如果乙方违背了保密职责， 其应当向甲方支付相当于其在甲方一年收入数额的罚款。如果该罚款不足以弥补乙方给甲方带来的损失， 乙方应当赔偿支付甲方的全部损失。
12 Inventions 发明创造
12.1 If, during the term of the Contract, the Employee performs work that results in the
development of any inventions relating to processes, products or formulations (the
“Inventions”), such Inventions shall be the exclusive property of the Company, and the Employee shall promptly disclose the Inventions to the Company, and shall take all necessary steps, including the execution of documents, to vest title and ownership of the Inventions in the Company. Notwithstanding the foregoing, the Employee shall have the right to retain ownership of all patents obtained on any Inventions made by the Employee during his/her non-working hours, and without use of or reference to the Company′s facilities, information or materials.
在合同期内， 乙方如果在工作过程中创造了任何与生产工艺、产品或配方设计有关的发明（ 以下称为“ 发明” ） ， 则这些发明应归甲方独有。乙方应当迅速把发明透露给甲方并采取必要步骤（ 包括文件制作） 使甲方获得专利的所有权。除如前所述外， 乙方对其在非工作时间不借助甲方设备或参考甲方信息材料所创造的任何发明， 均拥有全部专利所有权。
13 Training 培训
13.1 It is the policy of the Company to provide continuous on-the-site training. The Company may also require the Employee to undertake an off-site training program if the Company considers it appropriate.
14 Settlement of labor disputes 劳动争议处理
The parties shall settle any disputes in accordance with the following procedures:
14.1 The parties shall first settle any dispute arising from the performance of this Contract
14.2 If consultation fails, the parties shall apply to the Company′s labor mediation committee for mediation.
14.3 If agreement cannot be reached through mediation, the parties shall, within 60 days from the date of dispute, apply for arbitration to a labor dispute arbitration committee with the jurisdiction over the place where the Company is located.
14.4 If any party is not satisfied with an arbitrate award, the party may, within 15 days from the date of receiving the arbitrate award, bring forth a lawsuit in a People′s Court.
如果任何一方不满意仲裁裁决， 应于收到裁定之日起15 日内向人民法院起诉。
16 Others 其他
16.1 The annexed Job Description, Remuneration Scheme as well as the Employee Handbook of the Company and other rules and materials issued by the Company shall form part of the terms and conditions of the Contract.
16.2 If this Contract at any time conflicts with any applicable law and regulations, the Company will comply with all applicable Chinese law and shall promptly amend the Contract accordingly.
16.3 This Contract shall be notarized by local labor administration authority when it is entered into force, if required by compulsive provisions of law.