EXHIBIT 10.1 Schedule Required by Instruction 2 to Item 601 of Regulation S-K The employment agreements between the Company and its officers areidentical, except for the provisions shown below.
TIAN’AN PHARMACEUTICAL CO.,LTD. Employment ContractSerial number: TAZY–HRHT–XZ-01Party A (Employer):Tian’an Pharmaceutical Co., Ltd.Type of enterprise: A corporation ———————————————————-Legal Representative: Weng JianJun ——————————————————–Telephone number: 029-85381592-803 ————————————————————Address: 11th Flr., XiaoZai, GuoMao Mansion, Xi’an City ———————————————————————Registration place of business license: Torch Rd., Eastern ————————————– Development Zone Xi’an City- ——————————————————————————Party B (Employee): ———————————————————-Gender: Date of birth: ———————- ——————————-Nation: Education Degree: ———————- —————————–ID Card No.: —————————————————————–Home address: —————————————————————-Post code: Telephone No.: ———– ———————– This Contract is signed on a mutual and voluntary basis by and between thefollowing Employer and Employee in accordance with the Labor Law of People’sRepublic of China. I. Term of the Contract 1. The term of this contract is for ____ years and shall commence on__________, _____, and shall continue until _____, _____, unless earlierterminated pursuant to this Contract. II. Job Description 2. The Employer agrees to employ Mr./Ms.____________________ (name) as________________ (job title) in ______________ Department, located in____________ (office location and city). 1 3. The work completed by party B should meet the quantity and qualitystandard made by party A concerning the ____________ (job title). III. Working Conditions 4. Party A can arrange Party B to perform timing/irregular intervals worksystem. To perform the timing work system, the normal working hours of theEmployee shall not work more than eight hours a day and the average workinghours per week shall not exceed 40 hours. And the party A should ensure thatparty B has two day’s rest per week at least one day’s rest in specialsituation). Party A may extend working hours due to the requirements of itsproduction or business after consultation with Party B, but the extended workinghour for a day shall generally not exceed one hour; if such extension is calledfor due to special reasons and with the condition of guarantee the health ofparty B, the extended hours shall not exceed four hours a day. However, thetotal extension in a month shall not exceed thirty-two hours. To performirregular intervals work system, if party B ensures to complete the work askedby party A, party A has the right to arrange the working time, rest time andholidays. 5. Party A shall pay party B wages or make up day’s rest for workingovertime. 6. Party A should provide Party B with necessary occupational conditionsand facilities conforming to the need of the work and establishing andcompleting the work process, and constitute articles of labor protection toguarantee the safety and health during the working process. Party A shallorganize party B have healthy check on terms according to the provisions ofrelative departments of the state. 7. Party A should provide party B with professional morality, sanitation,safety, technique and other education and training about bylaws. IV. Compensation 8. Wages shall be paid according to the principle of “to each according toone’s work done” and equal pay for equal work. 9. Party B performs timing work system for party A, and party A shall payRMB/$_____ per month. Wages paid according to Section 10 for irregular workintervals. 10. Party B shall pay the workers wages at a rate higher than that fornormal working hours according to the following standards in one of thefollowing cases: 2(1) To pay no less than half day’s usual wage for working overtime extending 2 hours, and one day’s wage for extending 4 hours if it’s not a rest day of party B or state holiday;(2) To pay 200 percent of the usual wage for work during rest days if the rest could not be delayed to another time.(3) To pay 300 percent of the usual wage for working on state holidays.(4) During the working time of party B, who carry out the obligations of the country and society, the wage is paid as usual. 11. Because of the insufficient production of party A, which has party Bwaited in his/her position, and party A ensures that the wage is beyond RMB500per month. If this kind of situation lasts over three month, the contract willbe terminated automatically. V. Social Security & Welfare 12. Party A and party B will pay all mandatory social programs such asinsurance, unemployment insurance and medical insurance of the Employeeaccording to the relevant government and city regulations. Party A shall fill inEmployee Endowment Insurance Manual for party B, and the manual should betransferred under relevant provisions after the termination or ceasing of thecontract. 13. If party B falls in ill or suffers job injuries, whose sick pay, illcompensation and medical treatment should be enforced in term of the provisionsof the state and party A. 14. The medical insurance treatment of party B are caused by occupationaldisease or job injuries, according to the relevant provisions. 15. Party A provides welfare treatments for party B as follows: See in Welfare System and relevant provisions of the company. VI. Labor Discipline 16. Party B shall comply with the bylaws established by party A, strictlystand to labor safety and sanitation, production processes, operationregulations and production criterions. Party B shall cherish the property, guardthe secrets, vindicate the honor and equity of party A, and hew to theoccupation morality and actively join the training organized by party A toimprove thought consciousness and profession. 3 17. Party A can give party B disciplinary punishments unto cancel thecontract according to relevant bylaws of the company. VII. Termination, Modification, Renew and Discharge of the Contract 18. The relevant clauses of the contract may be modified if the relevantlaws, regulations and bylaws have been modified or abolished by the time ofsigning the Contract. 19. The relevant clauses of the contract may be modified if the objectivelycircumstance changed which the pursuant foundation of the contract, and renderinoperable execute, which the clauses can be modified through consultation ofparty A and party B. 20. The contract may be discharged through consultation by the parties. 21. The contract may be discharged by the party A with immediate effect andthe party B will not be compensated: (1) The party B seriously violates disciplines or bylaws of the party A. (2) The party B seriously neglects his duty, engages in malpractice for selfish ends and brings significant loss to the party B; (3) The party B is being charged with criminal offences. 22. The contract may be terminated by the party A by giving notice inwritten form 30(thirty) days in advance: (1) The party B fails ill or is injured to (other than due to work) and after completion of medical treatment, is not able to perform his previous function or any other function the party A assigns to him; (2) The party B does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily; (3) The parties can not reach an agreement according to the 18th clause of this contract. (4) The party A is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, and after explanation to party B and reporting to relevant labor department, which the contract can be discharged in legal procedure. 4 24. The party B shall not be dismissed according to clause 22 and clause 23if with following situations: (1) The party B is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy; (2) The party B is woman who is pregnant, on maternity leave, or nursing a baby under one year of age. 25. The party B is ill with occupational disease or injured due to work andhas been authenticated fully or partly disabled by the Labor AuthenticationCommission of province, city and district, which shall be treated as Labor Lawor relevant provisions of the country, according to clause 21st nor clause 22ndof this contract. 26. The contract may be terminated by the party B by giving notice inwritten form 30(thirty) days in advance. 27. The party B may inform the party A to discharge the contract at randomunder the following occasions: (1) The party A force the party B to work by violence, duress or illegal restriction to physical freedom; (2) The party A does not pay the remuneration of the party B accordance with the relevant clause in the contract. 28. The contract may be renewed at the expiration through consultation bythe parties with the fulfillment of the procedure. 29. The contract may be terminated when party B retire, quit working ormeet the terminating conditions of this contract and contract without fixedterm. VIII. Damages 30. Due to either party’s fault, if breaching clause 18th to clause 29th ofthe contract to damage the other party. The damage should be compensated by thefaulty party with 3 months’ wages accordance with the relevant provisions ofthis contract. 31. Party A shall pay economic compensation accordance with followingstandards, if party A violates following occasions: 5 (1) Party A skimps or defaults the wages of party B without any reason, and refuses to pay party B overtime rewards, which shall pay party B sum wages and rewards in prescribed time and pay party B 25% of wages and rewards in addition as economic compensation; (2) Wages paid by party A to party B, which is below the lowest living standard of the city, party A shall make up the insufficient part and pay 25% of the insufficient part as economic compensation. 32. With following occasions, party A shall pay party B one month wagewhich as average wages of 12 months before contract expiration as economiccompensation, which accordance with the working term, two years working will gettwo month’s wages as compensation by analogy, but it will not over 12 months’compensation. If the working term of party B is under a year, the compensationwill be 80% of the average wages before contract expiration. (1) The contract is discharged by party A through consultation with party B; (2) The party B does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily, contract may be discharged by party A; (3) he party B fails ill or is injured to (other than due to work) and after completion of medical treatment, is not able to perform his previous function or any other function the Employer assigns to him, contract may be discharged by party A; (4) The circumstances have materially changed from the date this contract was signed to the extent that it is impossible to execute the contract provided, however, that the parties cannot reach an agreement to amend the contract to reflect the changed circumstances; (5) The party A is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, it is required to reduce the employee (in legal procedure). 33. Party A does not pay party B economic compensation after expiration ofthe contract, which will pay party B sum economic compensation with additional50% of compensation. 34. When party A will pay party B economic compensation, if the workingterm of party B is under a year, the compensation standard will be as one year. 35. The party B fails ill or is injured (other than due to work) and aftercompletion of medical treatment, is not able to perform his previous function orany other function the Employer assigns to him, contract may be discharged byparty A. Party A will pay 6 months’ medical fee accordance with the averagemonth wage of last year, and if party B fall in serious illness, the additional 6compensation will not below 50% of medical fee and will not below 100% if it wasmortal disease. 36. Due to either party A fault, if breaching the contract to damage theother party, that party A shall undertake the breach liability according to theextent to the performance of the contract; damage should be compensated by theparty A through consultation with party B accordance with the relevant laws andregulations of PRC. 37. If party B breaches the contract and causes damage to party A, party Bshall undertake the breach liability according to the extent to the performanceof the contract; damage should be compensated by party B through consultationwith party A accordance with the relevant laws and regulations of PRC. 38. Party B discharges the contract, and training fee is paid by party A,which party B will pay party B the training fee if the working term of party Bis under 3 years. IX. Additional contents made by parties None. X. Labor Disputes 39. Where a labor dispute between the parties takes place during theperformance of this contract, the parties concerned may seek for a settlementthrough consultation; or either party may apply to the labor dispute mediationcommittee of their unit for mediation; if the mediation fails and one of theparties requests for arbitration, that party may apply to the labor disputearbitration committee for arbitration. Either party may also directly apply tothe labor dispute arbitration committee for arbitration within 60 days startingfrom the date of the occurrence of a labor dispute. If one of the parties is notsatisfied with the adjudication of arbitration, the party may bring the case toa people’s court within 15 days of the date of receiving the ruling ofarbitration XI. The other clauses 40. Hereinafter are bylaws of party A.(There are no additional clauses). 7Appendixes of this contract 41. The events which are not written in this contract will be performedaccordance with relevant provisions. 42. This contract has two copies, and each party has one. 8Party A: Party B:________________________________ ________________________________Legal Representative (stamp) Signature:Date: __________________________ Date: __________________________Address: _______________________ Address: _______________________ _______________________ _______________________ _______________________ _______________________