Exhibit 10.37
AsiaInfo Technologies (China),
Inc
Employment
Contract
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Party A:
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AsiaInfo
Technologies (China), Inc
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Address: Zhongdian Information Tower, No.6
Zhongguancun South Street, Haidian District Beijing
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Legal Representative: Steve Zhang
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Party
B:
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Steve
Zhang
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Sex:
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Home Address (as specified in
the household registration):
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Postal Code:
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Telephone:
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ID Card/Passport No.: 085547763
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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
and other relevant laws and regulations. Both Parties have agreed
to comply with the provisions of this Contract.
Chapter 1 Term
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1.1
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Type and
Term of the Contract
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1.1.1
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The Parties
have agreed that the term of this Contract shall commence on
8 December 2005 and end on 8 December 2007
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1.1.1
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Prior to the
expiration date of the contract term set forth in Article 1.1.1, if
the Parties have no objections, the term of this Contract shall be
extended for a period equal to the contract term specified in
Article 1.1.1. Prior to the expiration date of the initial
extension period, if the Parties have no objections, the term of
this Contract shall be re-extended for the same period, and such
method shall apply for all subsequent extensions
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1.1.3
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This Contract
shall be terminated in the event that either party proposes to
terminate the Contract upon expiration of either the term set forth
in Article 1.1.1 or any term equally extended as agreed in Article
1.1.2.
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1.2.1
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Both Parties
have agreed that the probationary period shall commence on
/ day
/ month
/ year
/ and end on
/ day
/ month
/ year upon
effectiveness of this Contract.
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1.2.2
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During the
probationary period, if Party A considers Party B cannot meet the
recruitment requirements, or Party B is unwilling to work for Party
A, either party may notify the other, in writing, to terminate this
Contract at any time, in this case, Party B shall carry out the
handover procedures in accordance with Party A’s relevant
regulations.
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1
Chapter 2 Job Description
Upon execution of this Contract,
Party B’s post (or position) is CEO. During the valid period
of this Contract, Party A may change Party B’s abovementioned
post (or position) based on its 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.
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 it
engages as well as the relevant requirements.
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2.3
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Party
B’s Obligations
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Party B has agreed that during the
term of this Contract:
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2.3.1
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during the
prescribed work time, it shall exert all efforts, capabilities and
technique to only 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;
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2.3.2
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it shall comply
with the provisions herein, relevant laws and regulations and all
of Party A’s rules and labor disciplines, subject to Party
A’s arrangements and decisions and, it shall not engage in
activities which may harm Party A’s interests, nor try to
abstain private profit for itself or others, directly or
indirectly, by utilizing its position or authority in Party A;
and
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2.3.3
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during the term
of this Contract, Party B shall not participate in, directly or
indirectly, any commercial competition similar to the operation
which Party A is or will engage in, including but not limited to
serving as an employee of a company competing with Party A,
providing competitive consulting or participating in other
commercial activities.
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Chapter 3 Working Conditions and
Labor Protection
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3.1
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Party
A’s Obligations
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3.1.1
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During the term
of this Contract and subject to relevant laws and regulations,
Party A has agreed to provide Party B with working environment and
conditions necessary to ensure Party B works in a safe and healthy
environment; in addition, Party A will actively coordinate with
Party B to provide corresponding conditions for Party B to complete
its obligations hereunder and to abide by the provisions hereunder
as well as Party A’s internal rules and
regulations.
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3.1.2
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Party A shall
provide Party B with necessary safety based on work needs. If Party
B has to be exposed to an occupational disease hazard, such
occupational disease hazard, the consequences thereof, the
prevention measures and treatment shall be set forth in Party
A’s administrative measures on labor protection or other
relevant internal documents for Party B’s reference. Upon
execution of this Contract, Party A shall be deemed to perform its
notification obligation regardless of whether Party B has referred
to such documents.
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Party B is entitled to engage in
work under the security and hygiene standards prescribed by the
State, refuse to implement the assignment forced by Party A in
violation of the national law and endangering individual’s
health, and reject Party A’s instruction which is against
rules.
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Chapter 4 Working Hours
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4.1.1
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Party B’s
working hours shall be subject to national laws and regulations as
well as specific provisions set forth in Party A’s rules and
regulations. In case Party B’s post (or position) falls under
the category of an irregular working hour system or an integrated
working hour system, the relevant working hour system shall be
adopted, otherwise, standard working hour system shall be
adopted.
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4.1.2
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If Party B is a
senior executive of Party A, an irregular working hour system shall
be adopted.
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4.1.3
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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, provided that the overtime shall not exceed the maximum
stipulated by the State, and in addition, 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 relevant rules.
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4.1.4
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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 without
Party A’s request or approval.
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Chapter 5 Remuneration and
Welfare
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5.1.1
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During the term
of this Contract, Party B’s salary shall be paid by means of
cash, bank transfer or any other method as Party B considers
appropriate no later than the 25 th of each month.
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5.1.2
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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. During the term of this Contract, Party A
may make corresponding adjustment and change to Party B’s
salary amount or 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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5.1.3
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Party B has
agreed to Party A’s withholding or deduction of the following
fees or amounts from its salaries:
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(a)
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individual
income tax of Party B’s income derived from Party
A;
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(b)
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the
individual’s portion of social insurance and benefits paid by
Party A on behalf of Party B as per the national
stipulations;
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(c)
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all indemnities
or fines payable by Party B as decided by court judgments or
arbitration awards, which require Party A’s withholding;
and
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(d)
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all fines or
indemnities payable by Party B to Party A pursuant to the
provisions herein, or relevant court decisions and arbitration
awards.
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5.1.4
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Where Party B
suffers from a disease or has sustained an injury that is not
work-related, Party A shall pay Party B the sick pay during the
medical treatment period, subject to relevant provisions of
governmental authorities.
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5.1.5
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In case Party A
arranges Party B to work overtime due to operation or work needs,
the base salary per day or per hour of Party B’s overtime
salary shall be calculated in accordance with the standards set up
by the government or Party A.
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5.1.6
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Where Party A
arranges Party B to take a leave or participate in festival
activities during public holidays to which part of the citizens
entitled, such as Women’s Day, Party B shall be deemed to
have regularly worked and thus is entitled to salaries, and Party A
does not need to pay overtime salary if Party B engages in regular
work during said period.
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5.1.7
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Party A shall
pay the basic allowances to Party B in the amount of 70% of the
minimum local salary standards if Party A suspends its operation
due to insufficient production assignment or reasons not
attributable to employees and in addition, Party A has not arranged
work for Party B.
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5.1.8
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Party A shall
pay Party B as per the relevant regulations of government and
provisions of Party A when Party B takes its annual leave, marriage
leave, maternity leave, bereavement leave, family planning surgical
operations leave and all other paid leave.
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5.2.1
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Party A and
Party B shall contribute to employee pension insurance,
unemployment insurance, medical treatment insurance, work-related
injury insurance and other social insurance in accordance with the
relevant provisions concerning social insurance as established by
the State and local authorities. Party A shall withhold the portion
which should be paid by Party B from its salary as per the relevant
requirements.
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5.2.2
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Party B shall
be entitled to paid public holidays stipulated by the State, such
as New Year Day, Spring Festival, Labor Day and National Day,
etc.
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Chapter 6 Labor
Discipline
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6.1
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Compliance
with Discipline
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Party B shall be subject to Party
A’s arrangement of work, strictly comply with national laws
and regulations, and rules, regulations, labor disciplines and work
criterion stipulated by Party A’s companies or departments in
accordance with law, take good care of Party AR
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