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Computer Associates (China) Co., Ltd. (hereinafter referred to as the “Company”) decides to employ the employees (see employee signatory of this Agreement) in accordance with Labor Law of the People's Republic of China and the relevant laws and regulations of the state, and based on the principle of equal negotiation, both Parties agree to comply with terms and conditions specified in the Agreement voluntarily. This Contract is in duplicate and shall be signed in Chinese or English.
Ⅰ. Employment Period
Article 1 The employed employee agrees to report for work on July 14, 2003. The employed employee voluntarily agrees to accept all employment contents as well as responsibilities and obligations specified in the Agreement. The Agreement is equivalent to an open-ended contract.
Article 2 The initial 3-consecutive-month of the employment period of the firstly employed employee shall be for probation, during which either Party has right to terminate the employment relation with giving 7-day prior notice to the other Party pursuant to relevant regulations. After the completion of probation period, if any Party would like to terminate the employment relation, notice shall be given to the other Party one month in advance.
The employee, while designing, shall return all items and properties owned by the company, such as entrance card, bank credit card, the company’s confidential documents or copied ones. When the employee disobeys the above-mentioned regulations during the termination of the Contract, the company will remain the right to ask for clams or deduct from the company’s due payment to him.
Article 3 Only when the Party B passes the stipulated physical examination items in the hospital designated by the Party A, is he qualified to be the formal contracting system employee.
Ⅱ. Work Content
Article 4 The employee agrees, based on the company’s work arrangement, to hold the post of Software Engineer at the Client Server Development-Storage Office in Beijing.
Ⅲ. Labor Protection and Working Conditions
Article 5 All provisions hereunder shall be referred to as and executed as per Labor Law of the People’s Republic of China.
Ⅳ. Compensation
Article 6 The employee shall be paid the wages in RMB currency (state appropriate intervals: monthly). The employee’s monthly salary total sum (before tax) includes various subsidies and allowances stipulated by the country’s laws and regulations. At present, the salary consists of as follows:
(1) Basic salary; (monthly salary total sum minus allowances)
(2) The annual sales commission award or bonus (determined by the business sector with separate written notice and reported to personnel sector for the record). See the detailed employee monthly/yearly salary total sum in the English-version compensation payment agreement.
Article 7 In accordance with Chinese laws, the employee shall undertake his individual income tax at his expense and the company acts as the withholding agent. The company calculates its employee’s individual income tax payable as per month and deducts this amount of tax and submits to the National Treasury before providing monthly gross salary.
V. Social Insurance and Welfare
Article 8 Both the company and the employee shall jointly undertake the employee endowment Insurance, unemployment insurance, and medical overall insurance for critical illness pursuant to national and local social insurance relative provisions. For the expenses like the personal accident insurance, housing provident fund stipulated by the government and other social insurances, welfare and fees paid by the local foreign-invested service enterprises appointed by the company for its employees, see details in The Foreign-invested Companies Service Guide or regional foreign-invested service enterprises appointment agreement or instruction.
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