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EMPLOYMENT CONTRACT
BETWEEN
XXXXXXXXXXX Trading (Beijing) Co. Ltd., wholly foreign invested company, XXXXXXXXX Chaoyang District, Beijing, 100020, Legal Representative: XXXXXXXX (hereinafter referred to as `EMPLOYER');
AND
XXXXXXXXXXXXX, German Passport number: xxxxxxxxxx, born 21.12.1955 and presently residing inXXXXXXXXXXXXXXXXXXXXXXXX, 100026 Beijing / People's Republic of China, telephone number: xxxxxxxxxx e-mail address: wolfgang.jussen@(hereinafter referred to as `EMPLOYEE');
Above-mentioned Employer and Employee (hereinafter as "Parties") have hereby agreed to enter into the employment contract (hereinafter as "Contract") and comply with the terms hereof, in accordance with the PRC, Labor Law of P.R.C and the Labor Management Regulations for Foreign Investment Enterprises, and other relevant Chinese laws, regulations, policies and rules, and based on the principles of equality, free will and mutual consent.
ARTICLE 1: APPOINTMENT
1.1 As from the date under Article
2.1, the Employer shall engage the services of the
Employee as CEO of XXXXXXXXXX Trading (Beijing) Co. Ltd. on probation for a period of three months.
ARTICLE 2: CONTRACT TERM
2.1 Subject to Article 1 above, this Contract is concluded from 1 Januar 2009 for a period of three (3) years. However, the contract does not start before the Employee will have obtained the necessary work visa for China. If the visa only is granted after the date under Article 2.1 and the Employee nevertheless works for XXXXXXXXXXXXX Trading (Beijing) Co. Ltd., the Employee shall with the approval of the contract become retro-actively entitled to all remuneration and perquisites under this contract.
ARTICLE 3: JOB DESCRIPTION
3.1 The Employer engages the Employee as the CEO of the Company. The Employee will be based in Beijing. The primary job duties of the Employee include:
a. Co-operate faithfully with the board of directors, the supervisory board of the Employer
and possible shareholders, prepare and participate in their meetings.
b. Steer all company activities so that the Company achieves the targets defined by the
board, in particular by
representing XXXXXXXX Systems AG in China;
∙continue and improve the performing organization;
∙securing the sales of turbines;
∙management of strategic sourcing activity in China;
∙sourcing of components fulfilling the quality requirements;
∙establishing an efficient project management and a reliable after-sales service;
∙optimizing tax payments of the Company in these transactions;
monitoring the Chinese components and turbine market;
∙communicating with State and Local Authorities:
∙Strengthening the brand of the Company
In order to do so, the Employee in particular has to
∙Steer the human resources of the Company;
∙Control the financing of the Company;
∙Deliver monthly reports on the Company's activities accordingly
c. Co-operate faithfully with the XXXXXXX Systems AG in Germany in all business
aspects, especially regarding the sourcing of components and the sales of products.
ARTICLE 4: OBLIGATIONS OF THE EMPLOYEE 4.1 In
addition to the above-mentioned, the Employee will also be obliged to:
a.Perform the duties and exercise the powers and functions which from time to time may
reasonably be assigned to or vested in him by the Board of Directors as may be provided by a separate power of attorney to be executed by the Employer;
b. Not during his engagement with the Employer, take up office, whether or not it is similar to
the office taken up by him hereunder, with any other company/entity or body
corporate;
c. Disclose to the Board of Directors all his interests/concerns in any other company/entity/body
corporate/organization/sole proprietorship etc., prior to the commencement of his appointment with the Employer/Company. It being understood and agreed that without the written consent of the Board of Directors, and except in the case of a non-competing, non-conflicting family business, directly or indirectly be engaged, concerned, or interested in any other business whatsoever whether as principal or otherwise provided, the Employee may hold for investment purposes only share, debentures or other securities (not carrying the right of control) in any company whose shares are listed on a recognized Stock Exchange;
d.Observe and comply with the policies and procedures of the Employer made or given from
time to time, whether set out the Policies of the Employer/Company or not;