demand_ex10x6.htm


    Exhibit 10.6


      Contract
reference No. HR-ZX-LW-2009-0077

      


      CONTRACT
FOR LEASE OF EMPLOYEES

      


      This
contract is made by and between Hangzhou MYL Business Administration Consulting
Co., Ltd. (“Party A”) and Zhejiang Foreign Service Corporation Ningbo Branch
(“Party B”).

      


      In
accordance with the Employment Law of the People’s Republic of China and the
relevant laws, regulations and policies, the Parties have amicably negotiated on
the basis of equity and mutual benefit and concluded this contract regarding the
lease of employees from Party B to Party A, set forth on the terms and
conditions as follows:

      


      I.           Positions
and Number of Persons Required for Leased Employees

      


      
        	
                1.  

              	
                Party
      A shall take charge of recruitment of leased employees. Employees who are
      recruited and with whom Party B decides to establish the employment
      relation will be leased to Party A.

              


      

      


      
        	
                2.  

              	
                The
      Confirmation of Leased employees, attached as Appendix A hereto, is to
      specify the number, names, term of lease, positions assumed and the
      responsibilities, conditions on examination and recruitment for the
      probation period, relevant expense etc. The said Appendix shall be of same
      effect as this contract.

              


      

      


      
        	
                3.  

              	
                Subject
      to mutual negotiation and agreement by the Parties as well as the consent
      by the leased employee, the position(s) (job type) and place of working
      for such leased employee may be
changed.

              


      

      


       

      II.           Term
of Lease

      


      
        	
                4.  

              	
                The
      term of lease for the leased employee hereunder shall be two years,
      commencing on the date when the leased employee and Party B sign the
      Employment Contract. Subject to mutual negotiation by the Parties and the
      consent by the leased employee, the term of lease may be extended or
      changed.

              


      

      


       

      III.           Management
of Leased Employees

      


      
        	
                5.  

              	
                The
      Parties shall be entitled to, respectively, make the applicable system on
      management of leased employees, which shall be informed of such leased
      employees in accordance with the relevant lawful procedure. After this
      contract taking effect, each of the Parties shall provide its system on
      management of leased employees to the other party for the latter’s record.
      In case of any conflict between the system of Party A and that of Party B,
      the system of Party a shall
prevail.

              


      


      
        
           


        

        
           


          
            

          

        

        
           


        

      


      


      
        	
                6.  

              	
                As
      to leased employees’ welfare in respect of industrial injury, sick leave,
      maternity leave, compulsory annual leave, medical subsidy, and financial
      aid regarding employees who died from sickness or other than industrial
      injury, the applicable national regulations shall apply, provided that any
      expense which can not be covered by the social insurance fund shall be for
      the account of Party A.

              


      

      


      
        	
                7.  

              	
                Party
      A shall ensure that a leased employee shall enjoy the right to be paid in
      the same manner as Party A’s other employees doing the same
      job.

              


      

      


      
        	
                8.  

              	
                Party
      B shall transact the procedure on admission and dismissal for any leased
      employee as required by Party A, and cooperate with Party A to inform of
      such leased employee this contract and the appendices
    hereto.

              


      

      


      
        	
                9.  

              	
                As
      per the Confirmation on Leased employees, Party B will establish the
      employment relations with leased employees from the date when such
      employee are actually leased to work for Party
  A.

              


      

      


      
        	
                10.  

              	
                Party
      B shall transact necessary procedure so that leased employees will
      participate in the social insurance scheme in a timely manner. Where any
      leased employee fails to participate in the social insurance scheme in a
      timely manner after Party B and such leased employee sign a written
      employment contract, Party B shall retroactively pay such social insurance
      fees forthwith.

              


      

      


      
        	
                11.  

              	
                Party
      B shall offer consultation service on employment law and social insurance
      policy. Party B shall be responsible for dealing with any industrial
      dispute regarding any leased employee, while Party A shall be entitled to
      take part in mediation of such industrial
  dispute.

              


      

      


      
        	
                12.  

              	
                Party
      B shall, at the expense of Party A, transact the procedure on retirement
      for any leased employee who satisfies the statutory age of retirement
      within the term of lease.

              


      

      


      
        	
                13.  

              	
                Party
      B shall, upon Party A’s request, provide to Party A the applicable PRC
      laws and information in respect of employment management and social
      situation issued by the relevant authority, and offer guidance with regard
      to the procedures Party A is required to abide by in using the leased
      employees.

              


      

      


       

      IV.           Return
and Replacement of Leased Employees

      


      
        	
                14.  

              	
                Neither
      of the Parties may, on its sole discretion, return or replace any leased
      employee, without consent by the other
party.

              


      

      


      
        	
                15.  

              	
                Where
      Party A lawfully returns any leased employee, Party A shall send to Party
      B a 35-days written notice or pay Party B the salary for such leased
      employee for one month (unless under such circumstance where the
      employment contract may be revoked without prior notice in accordance with
      the applicable law and regulation). Party A shall be liable to revocation
      or termination of the employment contract between such leased employee as
      well as the damages and other expenses payable to such leased employee in
      connection therewith, if any.

              


      

      


      
        	
                16.  

              	
                Where
      any leased employee, upon expiration of his term of lease, involves in any
      of the circumstances under Article 42 of the Law on Employment Contract,
      the term of lease shall be extended, as appropriate, until such
      circumstance ceases.

              


      

      


      
        	
                17.  

              	
                Where
      Party A returns to Party B any leased employee in accordance with this
      contract, Party A shall transact the procedure on transfer of work with
      such leased employee, provided that Party B shall be liable to no damages
      arising out of failure of handover of work or improper handover of
      work.

              


      

      


       

      V.           Pay
and Welfare for Leased Employees

      


      
        	
                18.  

              	
                The
      Parties shall lawfully fix the standard pay for certain positions to be
      taken by leased employees and the standard pay for the probation period,
      which shall be specified in an appendix
hereto.

              


      

      


      
        	
                19.  

              	
                Party
      A shall lawfully assume the pay, social insurance fee and other welfare
      for leased employees arising out of the term of lease. Party A shall pay
      overtime pay to any leased employee whom is requested by Party A to work
      overtime.

              


      

      


       

      VI.           Fees
and Calculation

      


      
        	
                20.  

              	
                 Party
      B shall offer to Party A the service on leased employees, while Party A
      shall pay Party B the fees on service on leased employee, the amount of
      which shall be negotiated and agreed by the Parties and specified in the
      List of Itemized Fees, attached as Appendix B hereto. Party A shall pay
      off the total fees on service on leased employee for the current month
      within ___ days after the ___th  Day of every month when Party B
      delivers the Notice of Payment, on the basis of which the Parties
      calculate the fees.

              


      

      


      The total
fees shall refer to the total amount payable from Party A to Party B in
connection with leased employees, inclusive of:

      


      
        	
                1)  

              	
                the
      social insurance fees for leased
employees;

              


      

      


      
        	
                2)  

              	
                pay
      payables to leased employees (overtime pay, performance-based pay, welfare
      included);

              


      

      


      
        	
                3)  

              	
                various
      service fees payable from Party A to Party
B.

              


      

      


      
        	
                21.  

              	
                All
      contribution to common reserve fund for housing, trade union fees, reserve
      fund for the disabled, and otherwise expense, payable from Party B on the
      basis of the number of and the amount of pay for leased employees, as a
      result of compulsory requirement by the applicable laws and policies or
      request by leased employees, shall be paid by Party A to Party
      B.

              


      

      


      
        	
                22.  

              	
                Where
      Party B changes certain fees in the light of the price rising index for
      the previous year and the social insurance and welfare system and tax
      policy, as published by the local government, Party B shall notify Party A
      in a timely manner, and the relevant expense arising therefrom, if any,
      shall be for the account of Party A.The fees on service on leased employee
      shall be paid via telegraphic
      transfer.

              


      

      


      
        	
                23.  

              	
                Party
      A, when it returns or replaces any leased employee in accordance with this
      contract, shall pay off Party B the fees on service on leased employee,
      the financial damages, medical subsidy, and other financial compensation
      within 15 days thereafter, provided, however, that Party A shall be liable
      to additional damages for breach of contract, calculated at the daily rate
      of 0.02% of the amount payable to Party B; provided, further, that, should
      Party A keep default for more than 15 days, Party A shall be liable to all
      fees on service on leased employee and financial damages, as well as the
      additional damages for breach of contract equal to 20% of the amount
      payable to Party B.

              


      

      


       

      VII.           
Breach of Contract Liabilities

      


      
        	
                24.  

              	
                Where
      either party violates any applicable national law, regulation, policy and
      any provision herein, or the lawful interest of leased employees, and such
      leased employees claim any damages, such party shall be liable to the
      financial damages and compensation for such leased employees, including
      but not limited to the expenses on damages payable to such leased
      employees, arbitration, litigation, etc. The other party shall be entitled
      to request such party to remedy so, and shall be further entitled to
      revoke this contract if such party still refuse to make
      remedy.

              


      

      


       

      VIII.           
Supplemental Provisions

      


      
        	
                25.  

              	
                In
      case that any provision herein conflicts with any applicable law,
      regulation, rule, or policy, or any applicable law, regulation, rule, or
      policy is amended during the performance of this contract, the amended
      law, regulation, rule or policy shall
prevail.

              


      

      


      
        	
                26.  

              	
                Any
      dispute arising out of or in connection with this contract shall be
      resolved by the Parties through amicable negotiation; or, in case of
      failed negotiation, be referred to Hangzhou Arbitration Committee for
      arbitration in accordance with its arbitration
  rules.

              


      

      


      
        	
                27.  

              	
                Either
      party who will change its office shall send 15-days notice to the other
      party.

              


      

      


      
        	
                28.  

              	
                This
      contract is made out in duplicate, each of which for each of the Parties.
      It shall take effect once both Parties affix their official seals hereon.
      It shall be applicable to all leased employee from Party B to Party
      A.

              


      

      


      


      Below is
the execution page.

      


      


      
        	
                Hangzhou
      MYL Business Administration Consulting Co., Ltd. (“Party A”)

                 

                (stamp)

                Residence:

                Business
      registration No.:

                Bank
      of RMB account:

                A/C
      No.:

                Office
      address:

                Zip
      code:

                Tel:

                Fax:

                Signing
      date: August 1, 2009

              	
                Zhejiang
      Foreign Service Corporation Ningbo Branch (“Party B”)

                 

                (stamp)

                Residence:
      Ningbo, Zhejiang, China

                Business
      registration No.:

                Bank
      of RMB account: Tianyuan Subbranch, Ningbo Bank, Ningbo

                A/C
      No.: 23010122000143838

                Office
      address:  321-1 International Development Building, Ningbo
      Bonded Zone

                Zip
      code: 310003

                Tel:
      0574-87307288

                Fax:
      0574-87307266

                Place
      of signing: Hangzhou