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AsiaInfo Technologies (China), Inc Employment Contract

Executive Employment Agreement

AsiaInfo Technologies (China), Inc Employment Contract | Document Parties: ASIAINFO HOLDINGS INC | Steve Zhang | AsiaInfo Technologies (China), Inc You are currently viewing:
This Executive Employment Agreement involves

ASIAINFO HOLDINGS INC | Steve Zhang | AsiaInfo Technologies (China), Inc

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Title: AsiaInfo Technologies (China), Inc Employment Contract
Date: 3/15/2006
Industry: Computer Networks     Sector: Technology

AsiaInfo Technologies (China), Inc Employment Contract, Parties: asiainfo holdings inc , steve zhang , asiainfo technologies (china)  inc
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Exhibit 10.37

AsiaInfo Technologies (China), Inc

Employment Contract

 

 

 

 

Party A:

 

AsiaInfo Technologies (China), Inc

 

 

Address: Zhongdian Information Tower, No.6 Zhongguancun South Street, Haidian District Beijing

 

 

Legal Representative: Steve Zhang

 

 

Party B:

 

Steve Zhang

 

 

Sex:      

 

 

Home   Address (as specified in the household registration):

 

 

Postal Code:

 

 

Telephone:

 

 

ID Card/Passport No.: 085547763

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

 

1.1

Type and Term of the Contract

 

1.1.1

The Parties have agreed that the term of this Contract shall commence on 8 December 2005 and end on 8 December 2007 .

 

1.1.1

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

 

1.1.3

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.

 

1.2

Probationary Period

 

1.2.1

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.

 

1.2.2

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.

 

1


Chapter 2 Job Description

 

2.1

Post or Position

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.

 

2.2

Work Assignment

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.

 

2.3

Party B’s Obligations

Party B has agreed that during the term of this Contract:

 

2.3.1

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;

 

2.3.2

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

 

2.3.3

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.

 

Chapter 3 Working Conditions and Labor Protection

 

3.1

Party A’s Obligations

 

3.1.1

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.

 

3.1.2

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.

 

3.2

Party B’s Rights

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.

 

2


Chapter 4 Working Hours

 

4.1

Working Hour System

 

4.1.1

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.

 

4.1.2

If Party B is a senior executive of Party A, an irregular working hour system shall be adopted.

 

4.1.3

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.

 

4.1.4

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.

 

Chapter 5 Remuneration and Welfare

 

5.1

Remuneration

 

5.1.1

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.

 

5.1.2

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.

 

5.1.3

Party B has agreed to Party A’s withholding or deduction of the following fees or amounts from its salaries:

 

 

(a)

individual income tax of Party B’s income derived from Party A;

 

 

(b)

the individual’s portion of social insurance and benefits paid by Party A on behalf of Party B as per the national stipulations;

 

 

(c)

all indemnities or fines payable by Party B as decided by court judgments or arbitration awards, which require Party A’s withholding; and

 

 

(d)

all fines or indemnities payable by Party B to Party A pursuant to the provisions herein, or relevant court decisions and arbitration awards.

 

5.1.4

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.

 

5.1.5

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.

 

3


5.1.6

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.

 

5.1.7

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.

 

5.1.8

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.

 

5.2

Welfare

 

5.2.1

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.

 

5.2.2

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.

 

Chapter 6 Labor Discipline

 

6.1

Compliance with Discipline

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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