Exhibit 10.42
AsiaInfo Technologies (China),
Inc
Employment
Contract
Party A: AsiaInfo
Technologies (China), Inc
Legal Representative: Steve
Zhang
Address: 3,4/F, Zhongdian
Information Tower, No.6 Zhongguancun South Street,
Haidian District Beijing
Postal Code: 100086
Party B: Yinhu
Zhang
ID Card/Passport No.:
Home Address:
Postal Code:
Household Registration
Address:
Telephone:
Party A and Party B (hereinafter
referred to as the “ Parties ”) have entered
into this employment contract (“ Contract ”) on
the basis of equal, voluntary and mutual consultation and
negotiation and in accordance with the Labor Law of the
People’s Republic of China, Labor Contract Law of the
People’s Republic of China and other relevant laws and
regulations. Both Parties have agreed to comply with the provisions
of this Contract.
ARTICLE 1
TERM
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1.1
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The Contract is
for a fixed duration.
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1.2
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If this
Contract is a fixed duration as specified in Section 1.1.1,
this Contract shall commence on August 18 ,
2008 and terminate on August 18, 2011
, with the probationary period of N/A .
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1.3
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If this
Contract is a non-fixed duration, this Contract shall commence on
N/A and terminate upon occurrence of the events specified by
laws and regulations.
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ARTICLE 2
JOB DESCRIPTION
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2.1
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Upon execution
of this Contract, Party B’s post (or position) is the General
Manager, Human Resources and Administration, at the following
location: Beijing . During the valid period of this
Contract, Party A may change Party B’s abovementioned post
(or position) or location based on Party A’s production,
operation or working requirements or Party B’s working
capacities and performance, including but not limited to adjustment
made to Party B’s job description or work place, promotion,
work transfer at the same level, and demotion, etc., or adjustment
made to Party B’s responsibilities without any change to
Party B’s abovementioned post (or position).
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2.2
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Party B has
agreed Party A to arrange Party B’s work assignment according
to the requirements during the term of this Contract, and Party B
must complete the required quantity, quality target or work
assignment pursuant to the duties of the post (or position) in
which Party B engages as well as the relevant requirements. When
performing this Contract, Party B may not exceed its scope of
authority assigned to it by Party A. Party B has agreed that during
the term of this Contract:
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(a)
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comply with the
provisions herein, relevant laws and regulations and all of Party
A’s rules and regulations,
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(b)
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during the
prescribed work time, it shall exert all efforts, capabilities and
technique to perform the obligations under this Contract; apart
from ensuring its own work being up to the duty criterion for the
post as set by Party A, it shall also complete the temporary work
additional to its own work as arranged by Party A and, use its best
efforts to assist Party A to meet or exceed the contemplated
commercial purposes; and
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(c)
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Party B shall
not engage in activities which may harm Party A’s interests,
nor try to obtain private profit for itself or others, directly or
indirectly, by utilizing its position or authority in Party
A.
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ARTICLE 3
WORKING HOURS AND PAID
HOLIDAYS
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3.1
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Upon execution
of this Contract, subject to the requirements of Party B’s
post (or position), Party B’s working hours may be any one of
the following:
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(1)
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standard/regular working hours: eight
(8) hours a day and on average no more than forty
(40) hours a week;
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(2)
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integrated
working hours: average daily and weekly working hours shall be
subject to statutory standard.
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(3)
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flexible
working hours: flexible working hours subject to completion of
assigned duties and responsibilities.
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During the term of this Contract, if
there is any changes in applicable labor law and regulations or
adjustments to Party B’s post (or position), Party A shall
adjust Party B’s working hours accordingly.
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3.2
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Party B shall
be entitled to paid public holidays, such as: (a) New Year
Day; (b) Spring Festival; (c) International Labor Day;
(d) Ching Ming Festival; (e) Dragon Boat Festival;
(f) Mid-Autumn Festival; (7) National Day; and
(8) any other holidays as prescribed by Chinese laws and
regulations.
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3.3
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Party A may
arrange Party B to extend its work time due to work needs,
including arranging Party B to work overtime on weekends and
holidays if needed. However, the overtime working hours shall not
exceed the maximum stipulated by the State. Party A shall arrange
make-up break equivalent to the overtime for Party B or pay
relevant fees to Party B, subject to the national regulations and
Party A’s applicable rules and regulations.
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3.4
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Party A may
refuse to pay any compensation for Party B’s extended working
hours in the event that Party B extends its working hours in
order to complete the assignment in time or without Party A’s
request or approval.
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ARTICLE 4
REMUNERATION
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4.1
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Party A shall
provide Party B with salary and treatment corresponding to Party
B’s post (or position) and in accordance with Party A’s
salary allocation system.
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4.2
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During the term
of this Contract, Party B’s salary shall be paid monthly by
means of cash, bank transfer or any other method. Such payment
shall include any allowances or subsidies, including but not
limited to transportation allowance and heating subsidies
etc.
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4.3
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During the term
of this Contract, Party A may make corresponding adjustment and
change to Party B’s salary amount, including raise or reduce
Party B’s salary criterion based on Party B’s post or
position change (circumstances in which Party B’s work,
duties or scope have changed while its post or position remains the
same are also included), or Party B’s performance, or Party
A’s systems or policies relating to salary or position
adjustment.
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4.4
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Where Party B
suffers from a disease or has sustained an injury that is not
work-related, Party A shall offer Party B the sick pay, disease
redress expenses and medical treatment during the medical treatment
period, subject to Party A’s regulations and relevant
provisions of local governmental authorities. In case there is no
relevant provisions of local government
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