9.2.1合同条款
1.公司职工的招收、招聘、辞退、工资、劳动保险和福利等事项，按照国家有关劳动和社会保障的规定，经总经理制定方案后交董事会决定，并由公司与公司的工会组织集体或个人签定劳动合同加以规定.劳动合同订立后，应报当地劳动管理部门备案. 1. Matters concerning the recruitment, employment and dismissal of the employees of the company and their remuneration, labor insurance and welfare benefits shall be decided by the board of directors after a plan thereof has been worked out and submitted by the general manager in accordance with the stipulations of the State relating to labor and social security, and shall be set out in the labor contracts to be entered into between the company and the trade union organization of the company on a collective basis or each employee individually. The executed labor contracts shall be filed with the local labor department for the record. The recruitment, employment and dismissal of, and the salaries, labor insurance and welfare benefits for, the staff and workers of the company shall be determined by the general manager and then submitted to the board of directors for approval in accordance with the state provisions in respect of labor and social security. All such matters shall be provided in the contract concluded between the joint venture and the trade union organization of the company on a collective basis or each employee individually. After the conclusion, such contract shall be reported to the local labor management authority for record.
2.公司总经理、副总经理及其他高级管理人员的聘请和薪资等遇、社会保险、福利、差旅费标准等到由董事会决定. 2. The engagement of the general manager, deputy general manager and other senior officers of the company and their salaries, social insurance, welfare benefits and business travel allowance shall be decided by the board of directors.
3.各部门管理人员的薪资等遇、社会保险、福利、差旅费标准等由总经理提出方案，报董事会批准. 3. The plan of the salaries, social security, welfare benefits and business travel allowances for the managerial personnel of the various departments shall be worked out by the general manager and submitted to the board of directors for approval.
4.公司的组织结构由董事会决定.雇员人数和对当地职工的要求由董事会根据公司的经营需要确定.公司有权从公开人力资源市场适当招聘和雇用职工.公司可决定雇员必须具备何种必要的技术和资质，并将雇员名单报当地劳动局备案.除非董事会另有规定，公司应与每一个雇员分别签定劳动合同. 4. The organizational structure of the Company shall be decided by the board of directors. The number of employees and requirements of local staff shall be determined by the board of directors on the basis of the Company’s operational needs. The company shall have the right to recruit and hire staff and workers as appropriate from the public human resources market. The company may decide what necessary skills and qualifications employees must possess, and shall file a record of their employment with the local labor bureau. Unless otherwise decided by the board of directors, the company shall conclude an individual labor contract with each employee.
5.公司有权对违反劳动手册或其他书面材料中规定的公司规章制度和劳动纪律的雇员给予警告、记过和降薪处分.根据中国劳动法规定，公司还有权解雇严重违反公司规章制度或不称职的雇员.辞退雇员的通知应报当地劳动部门备案. 5. The company shall have the right to give disciplinary warnings, record demerits and reduce salary against those employees who have violated the rules and regulations and labor discipline of the company as set out in the worker’s book or other written materials. In accordance with the PRC Labor Law the company shall also have the right to dismiss those employees who have seriously breached the rules and regulations of the company or who are incompetent to carry out their duties. Dismissal of employees shall be filed with the local labor department for the record.
6.公司雇员的工资待遇，应参照《外商投资企业劳动管理规定》和中国其他有关劳动规定，由董事会确定.总经理的薪金由董事会决定.其他人员的薪金由总经理决定. 6. The wages and benefits of the employees of the company shall be determined by the Board with reference to the Regulations on Labor Management in Foreign Investment Enterprises and other relevant PRC labor regulations. The salary of the general manager shall be decided by the board of directors. The salaries of other personnel shall be decided by the general manager.
7.根据中国劳动法和劳动规定，雇员的福利、奖金、劳动保护和劳动保险，应按公司政策予以规范，以确保雇员在正常的工作条件下工作. 7. Subject to the PRC Labor Law and Labor Regulations, the employees’ welfare, bonus, labor protection and labor insurance shall be so regulated in the company policies as to ensure that the employees may work under normal working conditions
8.公司与雇员的关系应符合关于就业和工会的一切适用的法律要求.公司雇员有权根据《中华人民共和国工会法》的规定建立工会，开展工会活动. 8. The company’s relations with its employees shall comply with all applicable legal requirements for employment and trade union matters. The employees of the company shall have the right to establish a trade union to carry out trade union activities in accordance with the provisions of the Trade Union Law of the People’s Republic of China.
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