EX-10.8 35 c46541_ex10-8.htm

Exhibit 10.8

STRICTLY PRIVATE AND CONFIDENTIAL

CHINA BIOLOGIC PRODUCTS, INC.

FORM OF EMPLOYMENT AGREEMENT

THIS AGREEMENT is made on the date of _______________

BETWEEN

(1)           China Biologic Products, Inc. whose registered office is situated at No. 14 East Hushan Road, Taian City, Shandong, People’s Republic of China 271000 (the “Company”), and

(2)           ____________ (hereunder called the “Employee”).

WHEREAS the Company is desirous of employing the Employee as a ___________ of the Company and the Employee is desirous of being so employed subject to and on the following terms and conditions.

NOW IT IS HEREBY AGREED as follows:

(1)          

APPOINTMENT

 
 

The Company shall employ the Employee and the Employee shall serve the Company as a ___________ of the Company.

 
(2)

DURATION

 
 

(a)          

The employment of the Employee hereunder shall commence on _____________ (the “Commencement Date”) and shall continue thereafter until being terminated in accordance with the provisions of this Agreement.
 
(3)

DUTIES

 
 

(a)

The Employee shall,
 
   (i)

serve as a ___________ of the Company and shall discharge and perform all his/her duties as such and discharge and perform such other duties as the Company may from time to time assign to him/her;

 
   (ii)          

devote himself/herself and his/her attention to the business of the Company as shall reasonably required for the due discharge and performance of his/her duties hereunder;

 
   (iii)

in all respects observe and comply with all relevant laws, regulations, rules, code of conducts, guidelines, procedures, restrictions, directions for the time being in force applicable to and governing the regulated activities

 

     

of the Company and all such regulations, rules, code of conducts, guidelines, procedures, restrictions, directions from time to time imposed by the Company relating to or in respect of the Company’s business and/or the Employee’s duties hereunder; and

 
   (iv)        

use all reasonable endeavors to promote the best interests of the Company and its business.

 
  (b)          

The Employee shall attend at the office of the Company or at such other places as his/her duties or as the Company may require and shall not absent himself/herself during the normal working hours except in the case of illness or incapacity.

 
(4)          

REMUNERATION AND TAX

 
  (a)

During the continuance in force of his/her employment hereunder, the Company will pay the Employee a monthly remuneration of ______ in arrears normally at the end of each month, subject to such necessary adjustment if the Employee has not worked for a complete month for any particular month.

 
  (b)

The Company will pay the Employee a [guaranteed/discretionary] bonus of ______________ on 31st December each year.

 
  (c)

The Employee shall be responsible for his/her own salary and/or income tax liabilities wherever and whenever imposed upon or resulting from his/her employment and in respect of all his/her income hereunder.

 
(5)

EMPLOYEE BENEFITS

 
  (a)

Mandatory Provident Fund Scheme

 
  

The Employee will participate in the Company’s Mandatory Provident Funds Scheme subject to the terms and conditions governing such scheme.

 
  (b)

Medical Benefits

 
  

The Employee will be covered under the Company’s Medical Insurance Scheme subject to the terms and conditions governing such scheme.

 
  (c)

Bonus and others

 
  

The Employee may be granted bonus in such amount and/or such other benefits as the Company may at its absolute discretion from time to time provide.

 
(6)

ANNUAL LEAVE

 
  (a)

The Employee shall be entitled to __________ working days of paid leave per annum in addition to the normal statutory holidays. Leave is to be taken at such

 

 

 

times and intervals as may be agreed by the Company having regard to the workload of the Employee and needs of the Company.
 
  (b)          

Accumulation of leave is permitted and leave not taken in any year shall be carry- forward to the next year.

 
(7)          

BUSINESS EXPENSES

 
 

The Company will reimburse the Employee all out-of-pocket expenses necessarily incurred by the Employee in the discharge and performance of his/her duties hereunder upon production of such appropriate receipts or vouchers as the Company may reasonably require from time to time.

 
(8)

NON-DISCLOSURE

 
  (a)

The Employee shall not either during the continuance of his/her employment hereunder or thereafter except in the proper course in discharge and performance of his/her duties hereunder divulge to any person whosoever or company whatsoever and shall use his/her best endeavours to prevent the unauthorised publication or disclosure of any information concerning the business or finances of the Company or any of its clients or customers or any of the organizations, dealings, transactions, operations, practice or affairs of the Company or any of its clients or customers which may come to his/her knowledge during or in the course of his/her employment hereunder.

 
  (b)

The Employee hereby acknowledged that, the computer systems and any other assets of the Company or any other member of the Company is the exclusive property of the Company (including without limit, the software and all information stored therein). All the Employee’s work products as well as datas, information and documentation in such computer systems, including but without limit, intellectual property rights, shall remain the sole and exclusive property of the Company and disclosure, retention or destruction of such any of such products, datas, information or documentation is hereby prohibited.

 
(9)

RESTRICTION AFTER TERMINATION

 
  (a)

Upon the termination of his/her employment hereunder for any cause or by any means whatsoever, the Employee shall not for a period of 45 days next thereafter, directly or indirectly,

 
   (i)          

canvass or solicit by any means whatsoever for himself/herself or any other person, firm or company, any person or company who shall at any time during the continuance of his/her employment hereunder have been a client or customer of the Company or any other member of the Company or endeavour to take away such client or customer from the Company or any other member of the Group, or

 

    (ii)         

solicit or encourage any employee of the Company or any other member of the Group to leave the employ of the Company or such other member of the Group.

 
                 (b)          

After the termination of his/her employment hereunder for any cause or by any means whatsoever, the Employee shall not at any time or for any purpose use the name of the Company or any other member of the Company in connection with his/her own or any other name in any way calculated to suggest that he/she is or has been connected with the business of the Company or any other member of the Group nor in any way hold himself/herself out as having or having had any such connection and shall not use any information concerning the Company or any other member of the Group which he/she may have acquired in the course of or as incident to his/her employment hereunder for his/her own benefit or to the detriment or intended or probable detriment to the Company or any other member of the Group.

 
(10)          

NON-COMPETITION

 
 

During the course of the Employee’s employment hereunder. the Employee shall not without the prior approval of the Company engage or be concerned or interested directly or indirectly as principal, agent, employee or otherwise (except in his/her capacity employed hereunder) in the similar business or activities being carry on by the Company or be personally employed or engaged with or without any consideration in any capacity whatsoever in or in connection with any business whatsoever other than the business of the Company.

 
(11)

TERMINATION

 
 

The employment of the Employee hereunder may be terminated at any time.

 
  (a)          

by either party hereto giving to the other not less than _________ month(s)’s prior notice in writing to that effect or paying to the other a sum equal to not less than ______ month(s)’s salary in lieu of such notice; or

 
  (b)

by the Employee without any prior notice or payment in lieu thereof.

 
 

If the Employee is also appointed as a director of the Company, upon the termination of his/her employment hereunder, he/she shall at the time of such termination automatically cease to be the director of the Company without any claim, compensation or payment of any nature whatsoever by reason thereof.

 
(12)

SEVERABILITY

 
 

If at any time any provision of this Agreement or any part of such provision becomes invalid, illegal, unenforceable or incapable of performance in any respect, the validity, legality, enforceability or performance of the remaining provisions hereof or such

 

 

remaining part of such provision (as the case may be) shall not thereby in any way be affected or impaired.

 
(13)          

ENTIRE AGREEMENT

 
 

This Agreement constitutes the entire agreement and understanding between the parties hereto in connection with the subject matter of this Agreement and supersedes all previous (if any) proposals, representations, warranties, undertakings or agreements relating thereto whether oral, written or otherwise and neither party hereto has relied on (if any) such proposals, representations, warranties, undertakings or agreements in entering into this Agreement.

 
(14)

GOVERNING LAW

 
 

This Agreement shall be governed and construed according to the laws of Hong Kong Special Administrative Region (“Hong Kong”) and the parties hereto hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.

 
 
 
SIGNED BY   SIGNED BY
For and on behalf of    
China Biologic Products, Inc.
 
 
 
              
Authorised Signatory   [EMPLOYEE]