Exhibit 10.1
Beijing REIT Technology Development Co., Ltd.
Special Statement on Signing theLabor Contract
In order to ensure the legal, effective and smooth performance of theLabor Contract signed by the Company with each employee, and fully protect and exercise the rights and interests of both Parties, the Company hereby declares as follows:
| 1. | Before signing theLabor Contract with the Company, the employee shall terminate/dismiss the labor relationship with the original labor relationship unit. The employee shall provide the certificate of separation issued by the original employer, otherwise the employee shall be solely responsible for the labor dispute and controversy arising from the double labor relationship. |
| 2. | The Company will comply with the provisions of the national laws and regulations as well as theLabor Contract Law of the People’s Republic of China to perform the contract with the employee. In the process of any labor law issues arising in this process, the employee is required to consult with the Company’s Human Resources Administrative Office in a timely manner, and the Human Resources Administrative Office is responsible for consulting and helping employees seek solution through negotiation. |
| 3. | The text of theLabor Contract is confidential personnel information of the Company. The employee shall keep theLabor Contract in good condition, and the employee is obliged to keep confidential the terms of theLabor Contract with regard to his/her own interests such as salary, subsidy, special agreement clause, etc. In case of the disclosure of the aforesaid provisions caused by the employee’s personal behavior and the adverse consequences thereof, the Company will treat it as serious violation of discipline until the labor relationship is terminated. |
| 4. | Before signing theLabor Contract with the Company, the employee shall carefully read all the contents of the provisions of theLabor Contract, Company’s rules and regulations mentioned in the Contract and all contents in annexes of the Contract,Labor Contract could be signed with the Company upon all the contents have been confirmed |
I have carefully read the Company’sSpecial Statement on Signing the Labor Contract, understand its content and undertake to fulfill all the terms herein.
| Promiser (Signature): /s/ Xingchun Wang |
| |
| Date: November 19, 2019 |
According to theLabor Law of the People’s Republic of China, theLabor Contract Law of the People’s Republic of China as well as relevant laws and regulations, Party A and Party B shall sign this Contract on an equal, voluntary and consensus basis, and they shall abide by the terms set out in this Contract.
I. Basic Information of Parties to Labor Contract
Article 1 Party ABeijing REIT Technology Development Co., Ltd.
Legal RepresentativeLi Hengfang
AddressRoom 702, Block X, Runfeng Deshang, No. 60 Anli Road, Chaoyang District, Beijing
Article 2 Party B: Xingchun Wang
GenderMale
II. Term of Labor Contract
Article 3 This Contract is afixed-termlabor contract.
This Contract will take effect onNovember 19, 2019 (date), and the probation period therein lasts until ________ (date) (in case of excellent work performance, employee may apply for regularization. For details, please refer to theApproval Form forEmployee Regularization).
This Contract shall terminate on November 10, 2022 (date).
III. Work Content
Article 4 Party B agrees to take the position ofCFO (type of work) according to the needs of Party A.
Article 5 Party B agrees to perform his/her duties in accordance with theDescription of Position formulated by Party A and meet the requirements for job responsibilities. Party A may adjust Party B’s work department, job position (including awaiting job assignment in the Company) and work place according to the needs of operation and work.
IV. Working Hours and Rest Days
Article 6 Party A shall arrange for Party B to implement theregular working hour system.
Under the regular working hour system, Party A shall arrange Party B’s daily working hours no more than eight hours and average weekly working hours no more than forty hours. According to the needs of work, Party B shall obey Party A’s working time arrangement.
Under the irregular working hour system, Party B’s work and rest time shall be arranged upon negotiation by both Parties, provided that the completion of Party A’s work tasks is ensured.
Article 7 Party A’s vacation system for Party B shall beimplemented in accordance with the relevant provisions of Party A’s management system.
V. Labor Remuneration
Article 8 Party A shall pay Party B’s salary for the previous month in the form of currency before thethirteenthday of each month, and the monthly salary shall be RMB:20000_____ orshall be implemented in accordance with the relevant salary management provisions of Party A. The salary of employee may be adjusted due to Party B’s operating conditions or the adjustment to Party B’s work performance, tile, position and level.
Party B’s salary during the probation period is 80% of the regular work salary RMBNothing.
In accordance with the national policy, Party A will withhold and pay the individual contribution to the social insurance of Party B and the personal income tax out of the actual payment of wages of Party B on his or her behalf.
Other covenants between Party A and Party B with regard to wagesNothing.
Article 9If Party A’s production tasks are insufficient to enable Party B to wait for task assignment, Party A shall pay Party B’s monthly living expenses at the amount of RMBNothing or according to theBeijing minimum wage standard.
VI. Social Insurance and Other Benefits
Article 10 Both Party A and Party B shall maintain social insurance in accordance with the regulations of the State and Beijing Municipality. Party A shall handle the relevant social insurance procedures for Party B and assume the corresponding social insurance obligations.
Article 11 The medical treatment of Party B’s disease or non-work-related injuries shall be implemented in accordance with the relevant regulations of the State and Beijing Municipality. Party A shall pay Party B’s sick pay in accordance with the relevant provisions of the Company’s management system.
Article 12The treatment of Party B suffering from occupational diseases or injuries caused by work shall be implemented in accordance with the relevant regulations of the State and Beijing Municipality.
Article 13 The welfare benefits provided by Party A for Party Bshall be implemented in accordance with the relevant provisions of Party A’s management system.
VII. Labor Protection, Working Conditions and Occupational Hazard Protection
Article 14 Party A shall provide Party B with necessary safety protection measures and distribute necessary labor protection articles in accordance with the demands of production posts and in accordance with the state regulations on labor safety and health.
Article 15 Party A shall establish the safe production system in accordance with relevant state laws and regulations; Party B shall strictly abide by Party A’s labor safety system, strictly prohibit illegal operations, prevent accidents during labor process and reduce occupational hazards.
VIII. Labor Discipline
Article 16 Party B shall comply with Party A’s rules and regulations (including but not limited to theManagement System, theManagement Measures for the Block Equipment Marketing and Sales and related management methods); strictly abide by labor safety and health, production processes, operational procedures and work specifications; protect the properties of Party A, safeguard Party A’s interests and image, observe professional ethics; actively participate in the training organized by Party A, and improve ideological awareness and professional skills.
If Party A modifies the contents of the aforesaid documents or formulates new rules and regulations or specifications, the revised documents or new rules and regulations shall be deemed to have been delivered to Party B upon they have been released, and Party B shall comply with and implement them.
Article 17 If Party B violates Party A’s rules and regulations and labor discipline and thus causes economic losses to Party A, Party A shall have the right to handle according to the rules and regulations until the Contract is terminated. (See theManagement System, etc. for penalty clause)
Article 18Party B shall not reveal or disclose to any person the trade secrets and other confidential materials obtained during the employment with Party A. (For details of this restriction, please refer to theNon-disclosure Agreement)
Article 19 Without the written approval of Party A, Party B is strictly forbidden to work part-time with an enterprise of the same type or engage in a second occupation related to his or her own work.
IX. Change, Dissolution or Termination of Labor Contract
Article 20 If the objective situation on which the signing of the Contract is based has changed significantly, and thus the Contract cannot be performed, the relevant contents of the Contract may be changed with the consent of both Parties upon negotiation.
Article 21 When dissolving, terminating or renewing the labor contract, Party A and Party B shall act in accordance with theLabor Contract Law of the People’s Republic of China and the relevant regulations of the State and Beijing Municipality.
X. Contents Agreed by the Parties
Article 22 Upon reaching a consensus by Parties through negotiation, the following terms have been entered into:
1. Training fee: Party B shall sign theTraining Agreementwith Party A for all kinds of training courses funded by Party A. If the service period set out in theTraining Agreement exceeds the termination date of theLabor Contract, the termination date of Party B’sLabor Contractwill be extended according to the service period set out in theTraining Agreement. If Party B terminates theLabor Contract in advance, it shall compensate Party A for the training fee according to the amount as agreed in theTraining Agreement.
Other contents agreed by the PartiesNothing
XI. Settlement of Labor Disputes and Others
Article 23 If a dispute arises between the Parties due to the performance of this Contract, the parties may apply to the labor dispute mediation committee of Party A for mediation; if the mediation fails, they may apply to the labor dispute arbitration committee for arbitration.
Either party may also apply directly to the labor dispute arbitration committee for arbitration.
Article 24 Party A’sNon-Disclosure Agreement,Employee Manual andManagement System are attached to this Contract as Annexes and have legal effect with this Contract.
Other Annexes to this Contract are as followsNothing
Article 25 In case of any matter not covered by this Contract or in case of any inconsistency with the relevant regulations of the State and Beijing Municipality in the future, the implementations shall be made in accordance with relevant regulations.
Article 26 This Contract is made out in duplicate with each of Party A and Party B keeping one copy respectively.
Party A (Official Seal) | Party B (Signature or Seal): /s/ Xingchun Wang |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date of Signing: November 19, 2019
Labor Contract Renewal
The labor contract to renewed is________term contract, and the effective date of the renewal contract is____________(date). The renewal contract shall be terminated on____________(date).
Party A (Official Seal) | Party B (Signature or Seal) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
The labor contract to renewed is________term contract, and the effective date of the renewal contract is____________(date). The renewal contract shall be terminated on____________(date).
Party A (Official Seal) | Party B (Signature or Seal) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
Labor Contract Renewal
The labor contract to renewed is________term contract, and the effective date of the renewal contract is____________(date). The renewal contract shall be terminated on____________(date).
Party A (Official Seal) | Party B (Signature or Seal) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
The labor contract to renewed is________term contract, and the effective date of the renewal contract is____________(date). The renewal contract shall be terminated on____________(date).
Party A (Official Seal) | Party B (Signature or Seal) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
Amendment to Labor Contract
After reaching a consensus through negotiation between the Parties, the following amendment is made to this Contract:
Party A (Seal) | Party B (Signature) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
After reaching a consensus through negotiation between the Parties, the following amendment is made to this Contract:
Party A (Seal) | Party B (Signature) |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
Date:
Description of Position
1. To comprehensively plan the Company’s financial management strategy and formulate the Company’s financial planning program.
2. To take full charge of the operation and management of the financial system in accordance with the requirements of the enterprise’s strategic development plan.
3. To develop, revise and improve the financial organization system in a timely manner with reasonable enterprise resources and costs, and guide the effective division of responsibilities and efficient collaboration of subordinate employees.
4. To be responsible for taking charge of the budget preparation and supervising its implementation.
5. To be responsible for the Company’s investment and fundraising, etc. and responsible for submitting feasibility plans to the Company.
6. To be responsible for organizing the implementation of internal audits and coordinating with external audits
7. To be responsible for research on fiscal and taxation policies and regulations, regularly providing financial and tax information reports and special research reports; analyzing the economic environment of enterprise, providing financial and tax consulting, and planning financial and tax solutions.
8. To take charge of the research, design and submission for review of financial systems within the scope of financial accounting policies and functions.
9. To establish an early warning and prevention system for financial risks; and ensure the avoidance of financial risks such as capital security risks and tax risks.
10. To provide advices to senior decision-makers on financial management and financial accounting, etc., and make efforts to improve the Company’s profitability.
11. To implement the Company’s budget management and cost control systems and procedures and save various office expenses of the department.
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