UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16
OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the month of January 2020
Commission file number: 001-38307
RETO ECO-SOLUTIONS, INC.
(Registrant's name)
c/o Beijing REIT Technology Development Co., Ltd.
Building B, 24th Floor, 60 Anli Road, Chaoyang District, Beijing
People’s Republic of China 100101
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F ☒ Form 40-F ☐
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐
Explanatory Note:
On January 22, 2020, ReTo Eco-Solutions, Inc. (the “Company”) entered into new employment agreements with its executive officers, Hengfang Li, Guangfeng Dai, Zhizhong Hu and Degang Hou. Upon entry into the new employment agreements, the prior employment agreements that were entered into in October 2018 with Hengfang Li, Guangfeng Dai and Zhizhong Hu were mutually terminated.
Employment Agreement of Hengfang Li
The Company entered into an employment agreement with Mr. Li on January 22, 2020, providing for Mr. Li to serve as the Company’s Chairman and CEO (the “Li Employment Agreement”). Pursuant to the terms of the Li Employment Agreement, Mr. Li is required to devote a minimum of forty hours per week to the Company’s business and affairs and in return will be entitled to annual compensation of RMB 800,000 (approximately $117,000). The Li Employment Agreement is for an initial term of two years and is subject to renewal. In addition, Mr. Li is entitled to receive an aggregate of 450,000 common shares, $0.001 par value per share (the “Common Shares”) of the Company in accordance with the terms of its 2018 Share Inventive Share Plan (the “2018 Plan”). The 450,000 Common Shares will be issued as follows: (1) in the event Mr. Li is still employed by the Company, on February 15, 2020, the Company will issue 225,000 Common Shares to Mr. Li; and (2) the remaining 225,000 Common Shares will be issued on January 15, 2021, in the event Mr. Li is still an employee of the Company on that date.
Additionally, the Li Employment Agreement provides for confidentiality and nondisclosure provisions, whereby Mr. Li is required to keep trade secrets confidential during the course of his employment.
The foregoing description of the Li Employment Agreement is qualified in its entirety by reference to the Li Employment Agreement, a copy of which is attached hereto as Exhibit 10.1 and incorporated herein by reference.
Employment Agreement of Guangfeng Dai
The Company entered into an employment agreement with Mr. Dai on January 22, 2020 providing for Mr. Dai to serve as the Company’s President (the “Dai Employment Agreement”). Pursuant to the terms of the Dai Employment Agreement, Mr. Dai is required to devote a minimum of forty hours per week to the Company’s business and affairs and in return will be entitled to annual compensation of RMB 750,000 (approximately $109,000). The Dai Employment Agreement is for an initial term of two years and is subject to renewal. In addition, Mr. Dai is entitled to receive an aggregate of 300,000 Common Shares of the Company in accordance with the terms of its 2018 Plan. The 300,000 Common Shares will be issued as follows: (1) in the event Mr. Dai is still employed by the Company, on February 15, 2020 the Company will issue 150,000 Common Shares to Mr. Dai; and (2) the remaining 150,000 Common Shares will be issued on January 15, 2021, in the event Mr. Dai is still an employee of the Company on that date.
Additionally, the Dai Employment Agreement provides for confidentiality and nondisclosure provisions, whereby Mr. Dai is required to keep trade secrets confidential during the course of his employment.
The foregoing description of the Dai Employment Agreement is qualified in its entirety by reference to the Dai Employment Agreement, a copy of which is attached hereto as Exhibit 10.2 and incorporated herein by reference.
1
Employment Agreement of Zhizhong Hu
The Company entered into an employment agreement with Mr. Hu on January 22, 2020, providing for Mr. Hu to serve as the Company’s Chief Technology Officer (the “Hu Employment Agreement”). Pursuant to the terms of the Hu Employment Agreement, Mr. Hu is required to devote a minimum of forty hours per week to the Company’s business and affairs and in return will be entitled to annual compensation of RMB 700,000 (approximately $102,000). The Hu Employment Agreement is for an initial term of two years and is subject to renewal. In addition, Mr. Hu is entitled to receive an aggregate of 250,000 Common Shares of the Company in accordance with the terms of its 2018 Plan. The 250,000 Common Shares will be issued as follows: (1) in the event Mr. Hu is still employed by the Company, on February 15, 2020, the Company will issue 125,000 Common Shares to Mr. Hu; and (2) the remaining 125,000 Common Shares will be issued on January 15, 2021, in the event Mr. Hu is still an employee of the Company on that date.
Additionally, the Hu Employment Agreement provides for confidentiality and nondisclosure provisions, whereby Mr. Hu is required to keep trade secrets confidential during the course of his employment.
The foregoing description of the Hu Employment Agreement is qualified in its entirety by reference to the Hu Employment Agreement, a copy of which is attached hereto as Exhibit 10.3 and incorporated herein by reference.
Employment Agreement of Degang Hou
The Company entered into an employment agreement with Mr. Hou on January 22, 2020 providing for Mr. Hou to serve as the Company’s Chief Internal Control Officer (the “Hou Employment Agreement”). Pursuant to the terms of the Hou Employment Agreement, Mr. Hou is required to devote a minimum of forty hours per week to the Company’s business and affairs and in return will be entitled to annual compensation of RMB 700,000 (approximately $102,000). The Hou Employment Agreement is for an initial term of two years and is subject to renewal. In addition, Mr. Hou is entitled to receive an aggregate of 250,000 Common Shares of the Company in accordance with the terms of its 2018 Plan. The 250,000 Common Shares will be issued as follows: (1) in the event Mr. Hou is still employed by the Company, on February 15, 2020, the Company will issue 125,000 Common Shares to Mr. Hou; and (2) the remaining 125,000 Common Shares will be issued on January 15, 2021, in the event Mr. Hou is still an employee of the Company on that date.
Additionally, the Hou Employment Agreement provides for confidentiality and nondisclosure provisions, whereby Mr. Hou is required to keep trade secrets confidential during the course of his employment.
The foregoing description of the Hou Employment Agreement is qualified in its entirety by reference to the Hou Employment Agreement, a copy of which is attached hereto as Exhibit 10.4 and incorporated herein by reference.
The foregoing description of the employment agreements are qualified in their entirety by reference to the Hengfang Li, Guangfeng Dai, Zhizhong Hu and Degang Hou employment agreements, copies of which are attached hereto as Exhibits 10.1, 10.2, 10.3 and 10.4 respectively and incorporated herein by reference.
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EXHIBIT INDEX
| Number | Description of Exhibit | |
| 10.1 | Hengfang Li Employment Agreement | |
| 10.2 | Guangfeng Dai Employment Agreement | |
| 10.3 | Zhizhong Hu Employment Agreement | |
| 10.4 | Degang Hou Employment Agreement |
3
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
| RETO ECO-SOLUTIONS, INC. | ||
| By: | /s/ Hengfang Li | |
| Hengfang Li | ||
| Chief Executive Officer | ||
Dated: January 24, 2020
4
Exhibit 10.1
Beijing REIT Technology Development Co., Ltd.
and
ReTo Eco-Solutions, Inc.
Special Statement on Signing the Labor Contract
In order to ensure the legal, effective and smooth performance of the Labor 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 the Labor 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 the Labor 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 the Labor Contract is confidential personnel information of the Company. The employee shall keep the Labor Contract in good condition, and the employee is obliged to keep confidential the terms of the Labor 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 the Labor Contract with the Company, the employee shall carefully read all the contents of the provisions of the Labor 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’s Special Statement on Signing the Labor Contract, understand its content and undertake to fulfill all the terms herein.
| Promiser (Signature): /s/ Hengfang Li | |
| Date: January 22, 2020 |
Page 1 of 9
According to the Labor Law of the People’s Republic of China, the Labor 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 A Beijing REIT Technology Development Co., Ltd., and its parent company ReTo Eco-Solutions, Inc. (“ReTo”) (collectively the “Company”).
Legal Representative LI Hengfang
Address Room 702, Block X, Runfeng Deshang, No. 60 Anli Road, Chaoyang District, Beijing
Article 2 Party B Hengfang Li
Gender Male
Household Registration Type (non-agriculture, agriculture) non-agriculture
Resident Identity Card Number 140202196207164013
Mobile Phone 13901380901 Home Contact Information
Home Address 151 Tuanjie West Road, Gaobeidian, Hebei Zip Code 074099
Residence Address in Beijing 24 / F, block B, Runfeng Deshang, No. 60, Anli Road, Chaoyang District, Beijing Zip Code 100101
Location of Household Registration Tuanjie West Street (Township), Gaobeidian District (County), Hebei Province (City)
II. Term of Labor Contract
Article 3 This Contract is a fixed-term labor contract.
This Contract will take effect on January 1, 2020 (date)
This Contract shall terminate on December 31, 2021 (date).
III. Work Content
Article 4 Party B agrees to take the position of Chairman and Chief Executive Officer (“CEO”) (type of work) according to the needs of Party A.
Article 5 Party B shall serve as Chairman and Chief Executive Officer (“CEO”) of Party A and will report to the Board of Directors (“Board”) of the Company. In his capacity as Chairman and CEO, Parry B shall do and perform all services, acts or things necessary or advisable as the Chairman and CEO of Party B, subject to all times polices established by the Board.
Page 2 of 9
IV. Working Hours and Rest Days
Article 6 Party A shall arrange for Party B to implement the regular 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 be implemented 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 the thirteenth day of each month, and the monthly salary shall be RMB 66,666
RMB 800,000 annually. The annual base salary will be reviewed by the Company’s Board, specifically its compensation committee annually.
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: Party B shall receive an aggregate of 450,000 common shares (the “Common Shares”) of ReTo in accordance with the terms of its 2018 Share Inventive Share Plan (the “Plan”), and in accordance with the terms and conditions outlined in the Plan as equity compensation. The 450,000 Common Shares will be issued as follows: (1) after execution of this Contract, and in the event Party B is still employed by Party B, on February 15, 2020 ReTo will issue 225,000 Common Shares to Party B; and (2) the remaining 225,000 Common Shares will be issued on January 15, 2021, in the event Party B is still an employee of Party A on that date.
Article 9 If 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 RMB ______ or according to the Beijing minimum wage standard.
Page 3 of 9
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 12 The 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 B shall 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 the Management System, the Management 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.
Page 4 of 9
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 the Management System, etc. for penalty clause)
Article 18 Party 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 the Non-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 the Labor 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 the Training Agreement with Party A for all kinds of training courses funded by Party A. If the service period set out in the Training Agreement exceeds the termination date of the Labor Contract, the termination date of Party B’s Labor Contract will be extended according to the service period set out in the Training Agreement. If Party B terminates the Labor Contract in advance, it shall compensate Party A for the training fee according to the amount as agreed in the Training Agreement.
| Other contents agreed by the Parties | |
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’s Non-Disclosure Agreement, Employee Manual and Management System are attached to this Contract as Annexes and have legal effect with this Contract.
Page 5 of 9
| Other Annexes to this Contract are as follows | |
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/ Hengfang Li |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
| Date of Signing: January 22, 2020 |
Page 6 of 9
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:
|
Page 7 of 9
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:
|
Page 8 of 9
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:
|
Page 9 of 9
Exhibit 10.2
Beijing REIT Technology Development Co., Ltd.
and
ReTo Eco-Solutions, Inc.
Special Statement on Signing the Labor Contract
In order to ensure the legal, effective and smooth performance of the Labor 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 the Labor 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 the Labor 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 the Labor Contract is confidential personnel information of the Company. The employee shall keep the Labor Contract in good condition, and the employee is obliged to keep confidential the terms of the Labor 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 the Labor Contract with the Company, the employee shall carefully read all the contents of the provisions of the Labor 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’s Special Statement on Signing the Labor Contract, understand its content and undertake to fulfill all the terms herein.
| Promiser (Signature): /s/ Guangfeng Dai | |
| Date: January 22, 2020 |
Page 1 of 9
According to the Labor Law of the People’s Republic of China, the Labor 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 A Beijing REIT Technology Development Co., Ltd., and its parent company ReTo Eco-Solutions, Inc. (“ReTo”) (collectively the “Company”).
Legal Representative Li Hengfang
Address Room 702, Block X, Runfeng Deshang, No. 60 Anli Road, Chaoyang District, Beijing
Article 2 Party B Guangfeng Dai
Gender Male
Household Registration Type (non-agriculture, agriculture) non-agriculture
Resident Identity Card Number 110108196103075734
Mobile Phone 13911671153 Home Contact Information
Home Address 10 Lane ditch, Haidian District, Beijing Zip Code 100089
Residence Address in Beijing 10 Lane ditch, Haidian District, Beijing Zip Code 100089
Location of Household Registration 10 Lane ditch (Township), Haidian District (County), Beijing Province (City)
II. Term of Labor Contract
Article 3 This Contract is a fixed-term labor contract.
This Contract will take effect on January 1, 2020 (date)
This Contract shall terminate on December 31, 2021 (date).
III. Work Content
Article 4 Party B agrees to take the position of President (type of work) according to the needs of Party A.
Article 5 Party B shall serve as President of Party A and will report to the Board of Directors (“Board”) of the Company. In his capacity as President, Parry B shall do and perform all services, acts or things necessary or advisable as the President of Party B, subject to all times polices established by the Board.
Page 2 of 9
IV. Working Hours and Rest Days
Article 6 Party A shall arrange for Party B to implement the regular 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 be implemented 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 the thirteenth day of each month, and the monthly salary shall be RMB __62,500_
RMB 750,000 annually. The annual base salary will be reviewed by the Company’s Board, specifically its compensation committee annually.
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: Party B shall receive an aggregate of 300,000 common shares (the “Common Shares”) of ReTo in accordance with the terms of its 2018 Share Inventive Share Plan (the “Plan”), and in accordance with the terms and conditions outlined in the Plan as equity compensation. The 300,000 Common Shares will be issued as follows: (1) after execution of this Contract, and in the event Party B is still employed by Party B, on February 15, 2020 ReTo will issue 150,000 Common Shares to Party B; and (2) the remaining 150,000 Common Shares will be issued on January 15, 2021, in the event Party B is still an employee of Party A on that date.
Article 9 If 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 RMB ______ or according to the Beijing minimum wage standard.
Page 3 of 9
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 12 The 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 B shall 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 the Management System, the Management 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.
Page 4 of 9
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 the Management System, etc. for penalty clause)
Article 18 Party 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 the Non-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 the Labor 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 the Training Agreement with Party A for all kinds of training courses funded by Party A. If the service period set out in the Training Agreement exceeds the termination date of the Labor Contract, the termination date of Party B’s Labor Contract will be extended according to the service period set out in the Training Agreement. If Party B terminates the Labor Contract in advance, it shall compensate Party A for the training fee according to the amount as agreed in the Training Agreement.
| Other contents agreed by the Parties | |
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’s Non-Disclosure Agreement, Employee Manual and Management System are attached to this Contract as Annexes and have legal effect with this Contract.
Page 5 of 9
| Other Annexes to this Contract are as follows | |
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/ Guangfeng Dai |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
| Date of Signing: January 22, 2020 |
Page 6 of 9
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:
|
Page 7 of 9
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:
|
Page 8 of 9
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:
|
Page 9 of 9
Exhibit 10.3
Beijing REIT Technology Development Co., Ltd.
and
ReTo Eco-Solutions, Inc.
Special Statement on Signing the Labor Contract
In order to ensure the legal, effective and smooth performance of the Labor 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 the Labor 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 the Labor 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 the Labor Contract is confidential personnel information of the Company. The employee shall keep the Labor Contract in good condition, and the employee is obliged to keep confidential the terms of the Labor 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 the Labor Contract with the Company, the employee shall carefully read all the contents of the provisions of the Labor 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’s Special Statement on Signing the Labor Contract, understand its content and undertake to fulfill all the terms herein.
| Promiser (Signature): /s/ Zhizhong Hu | |
| Date: January 22, 2020 |
Page 1 of 9
According to the Labor Law of the People’s Republic of China, the Labor 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 A Beijing REIT Technology Development Co., Ltd., and its parent company ReTo Eco-Solutions, Inc. (“ReTo”) (collectively the “Company”).
Legal Representative LI Hengfang
Address Room 702, Block X, Runfeng Deshang, No. 60 Anli Road, Chaoyang District, Beijing
Article 2 Party B Zhizhong Hu
Gender Male
Household Registration Type (non-agriculture, agriculture) non-agriculture
Resident Identity Card Number 610404196208291037
Mobile Phone 13571822089 Home Contact Information
Home Address No.5, East Biyuan Road, Weicheng District, Xianyang City, Shanxi Province
Zip Code 712099
Residence Address in Beijing 24 / F, block B, Runfeng Deshang, No. 60, Anli Road, Chaoyang District, Beijing Zip Code 100101
Location of Household Registration East Biyuan Street (Township), Weicheng District (County), Shanxi Province (City)
II. Term of Labor Contract
Article 3 This Contract is a fixed-term labor contract.
This Contract will take effect on January 1, 2020 (date)
This Contract shall terminate on December 31, 2021 (date).
III. Work Content
Article 4 Party B agrees to take the position of Chief Technology Officer (“CTO”) (type of work) according to the needs of Party A.
Article 5 Party B shall serve as Chief Technology Officer (“CTO”) of Party A and will report to the Board of Directors (“Board”) of the Company. In his capacity as CTO, Parry B shall do and perform all services, acts or things necessary or advisable as the CTO of Party B, subject to all times polices established by the Board.
Page 2 of 9
IV. Working Hours and Rest Days
Article 6 Party A shall arrange for Party B to implement the regular 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 be implemented 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 the thirteenth day of each month, and the monthly salary shall be RMB __58,333_
RMB 700,000 annually. The annual base salary will be reviewed by the Company’s Board, specifically its compensation committee annually.
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: Party B shall receive an aggregate of 250,000 common shares (the “Common Shares”) of ReTo in accordance with the terms of its 2018 Share Inventive Share Plan (the “Plan”), and in accordance with the terms and conditions outlined in the Plan as equity compensation. The 250,000 Common Shares will be issued as follows: (1) after execution of this Contract, and in the event Party B is still employed by Party B, on February 15, 2020 ReTo will issue 125,000 Common Shares to Party B; and (2) the remaining 125,000 Common Shares will be issued on January 15, 2021, in the event Party B is still an employee of Party A on that date.
Article 9 If 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 RMB ______ or according to the Beijing minimum wage standard.
Page 3 of 9
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 12 The 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 B shall 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 the Management System, the Management 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.
Page 4 of 9
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 the Management System, etc. for penalty clause)
Article 18 Party 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 the Non-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 the Labor 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 the Training Agreement with Party A for all kinds of training courses funded by Party A. If the service period set out in the Training Agreement exceeds the termination date of the Labor Contract, the termination date of Party B’s Labor Contract will be extended according to the service period set out in the Training Agreement. If Party B terminates the Labor Contract in advance, it shall compensate Party A for the training fee according to the amount as agreed in the Training Agreement.
| Other contents agreed by the Parties | |
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’s Non-Disclosure Agreement, Employee Manual and Management System are attached to this Contract as Annexes and have legal effect with this Contract.
Page 5 of 9
| Other Annexes to this Contract are as follows | |
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/ Zhizhong Hu |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
| Date of Signing: January 22, 2020 |
Page 6 of 9
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:
|
Page 7 of 9
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:
|
Page 8 of 9
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:
|
Page 9 of 9
Exhibit 10.4
Beijing REIT Technology Development Co., Ltd.
and
ReTo Eco-Solutions, Inc.
Special Statement on Signing the Labor Contract
In order to ensure the legal, effective and smooth performance of the Labor 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 the Labor 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 the Labor 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 the Labor Contract is confidential personnel information of the Company. The employee shall keep the Labor Contract in good condition, and the employee is obliged to keep confidential the terms of the Labor 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 the Labor Contract with the Company, the employee shall carefully read all the contents of the provisions of the Labor 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’s Special Statement on Signing the Labor Contract, understand its content and undertake to fulfill all the terms herein.
| Promiser (Signature): Degang Hou | |
| Date: January 22, 2020 |
Page 1 of 9
According to the Labor Law of the People’s Republic of China, the Labor 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 A Beijing REIT Technology Development Co., Ltd., and its parent company ReTo Eco-Solutions, Inc. (“ReTo”) (collectively the “Company”).
Legal Representative LI Hengfang
Address Room 702, Block X, Runfeng Deshang, No. 60 Anli Road, Chaoyang District, Beijing
Article 2 Party B Degang Hou
Gender Male
Household Registration Type (non-agriculture, agriculture) non-agriculture
Resident Identity Card Number 140202196111174014
Mobile Phone 13701288341 Home Contact Information
Home Address No.9, gate 25, No.46, Nanlishi Road, Xicheng District, Beijing Zip Code 100037
Residence Address in Beijing: No.9, gate 25, No.46, Nanlishi Road, Xicheng District, Beijing Zip Code 100037
Location of Household Registration: No.9, gate 25, No.46, Nanlishi Road, Xicheng District, Beijing Zip Code 100037
II. Term of Labor Contract
Article 3 This Contract is a fixed-term labor contract.
This Contract will take effect on January 1, 2020 (date)
This Contract shall terminate on December 31, 2021 (date).
III. Work Content
Article 4 Party B agrees to take the position of Chief Internal Control Officer (type of work) according to the needs of Party A.
Article 5 Party B shall serve as Chief Internal Control Officer of Party A and will report to the Board of Directors (“Board”) of the Company. In his capacity as Chief Internal Control Officer, Parry B shall do and perform all services, acts or things necessary or advisable as the Chief Internal Control Officer of Party B, subject to all times polices established by the Board.
Page 2 of 9
IV. Working Hours and Rest Days
Article 6 Party A shall arrange for Party B to implement the regular 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 be implemented 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 the thirteenth day of each month, and the monthly salary shall be RMB 58,333
RMB 700,000 annually. The annual base salary will be reviewed by the Company’s Board, specifically its compensation committee annually.
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: Party B shall receive an aggregate of 250,000 common shares (the “Common Shares”) of ReTo in accordance with the terms of its 2018 Share Inventive Share Plan (the “Plan”), and in accordance with the terms and conditions outlined in the Plan as equity compensation. The 250,000 Common Shares will be issued as follows: (1) after execution of this Contract, and in the event Party B is still employed by Party B, on February 15, 2020 ReTo will issue 125,000 Common Shares to Party B; and (2) the remaining 125,000 Common Shares will be issued on January 15, 2021, in the event Party B is still an employee of Party A on that date.
Article 9 If 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 RMB ______ or according to the Beijing minimum wage standard.
Page 3 of 9
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 12 The 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 B shall 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 the Management System, the Management 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.
Page 4 of 9
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 the Management System, etc. for penalty clause)
Article 18 Party 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 the Non-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 the Labor 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 the Training Agreement with Party A for all kinds of training courses funded by Party A. If the service period set out in the Training Agreement exceeds the termination date of the Labor Contract, the termination date of Party B’s Labor Contract will be extended according to the service period set out in the Training Agreement. If Party B terminates the Labor Contract in advance, it shall compensate Party A for the training fee according to the amount as agreed in the Training Agreement.
| Other contents agreed by the Parties | |
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’s Non-Disclosure Agreement, Employee Manual and Management System are attached to this Contract as Annexes and have legal effect with this Contract.
Page 5 of 9
| Other Annexes to this Contract are as follows | |
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 /s/ Degang Hou |
Legal Representative (Main Person in Charge) or Entrusted Agent
(Signature or Seal)
| Date of Signing: January 22, 2020 |
Page 6 of 9
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:
|
Page 7 of 9
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:
|
Page 8 of 9
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:
|
Page 9 of 9