Contract

 

 

Reference No.:
.
 THIS/HERR CONTRACT is made between: ********* & **************
 
Add.:
 ____                  ____
 


 
 Tel.___        ___Fax:___       ___Postcode_         ___

(thereinafter called Party A)
 
 and
 
 
 Passport No. .:__ ____________________
 _____________________________________________________________________
 
 Tel._     ___Fax:__________________Postcode_____
 
 (thereinafter called Party B)
 
 
 WHE/SHEREAS Party A wishes to employ Party B as a foreign teacher in China. The two parties, with friendly negotiation, agree to sign this contract and pledge to perform all the stipulated obligations.
 I   Responsibilities for involved parties


 I).  Responsibilities of Party A
 
 i.  Party A shall introduce laws, decrees and relevant regulations by the Chinese government to Party B working as a foreign teacher in China. 
 ii. Party A shall provide Party B necessary working and living conditions and proceed with all necessary formalities for Party B’s employment in China.
 iii. Party A shall provide Party B the testified materials concerning Party B’s salary when Party B returns to his/her country. Also Party A shall offer Party B personal insurance (Party A should insure the accidental injury for Party B).
 iv. Party A shall pay attention to any force majeure and make proper remedial actions in time.  
 v. Upon the request of Party B, Party A shall provide Party B the opportunity to learn Chinese free of charge in his/her spare time after his/her work is well done.


 II). Responsibilities of Party B
 
 i. Party B should obey the laws, decrees and relevant regulations enacted by the Chinese government and should not interfere in Chinese domestic affairs.
 ii. Party B should follow Party A’s working system and regulations concerning administration for foreign teachers in China and should accept Party A’s arrangement, direction, supervision and evaluation for his/her work. Party B may do some part-time jobs in his/her spare time upon Party A’s approval.

 iii. Party B should complete the work timely and do it well.
 iv. Party B should follow Chinese religious policy, and should not attend any events incompatible with the status of a foreign teacher.
 v. Party B should respect Chinese custom and behavior. Meanwhile, Party B should be responsible for his/her own behaviors, accidents and safety.
 
 II. Stipulations of the Contract
 
 i.  Working Hours
 Working time is flexible and scheduled by Party A. Party B should work according to Party A’s curriculum (working time maximum 15 class sessions per week).  Party B has the right to refuse any extra work.


 ii. Salary and Reimbursement

Party B’s monthly salary is RMB 6000_, payable on the last day of each month. Party B’s salary is paid on monthly basis. If Party B works for Party A less than one month, the salary shall be paid by days, i.e., per day income equals 1/30 of the agreed monthly salary.

Party A shall reimburse Party B’s one-way air ticket for coming to Huizhou, Guangdong if Party B works for at least six months. Party A shall reimburse Party B’s return ticket if Party B works for at least one year. However the maximum total reimbursement is RMB 3000.
  Party A or the organization employing Party B shall pick up Party B when he/she arrives in China and the involved expense shall be covered by Party A.


 iii. Accommodation and Remunerations


    a)Accommodations
 Party A shall provide an apartment with a living room, a bedroom, a bathroom
a kitchennecessary furniture including a TVa washing machineair conditioning facilities. All the fees for water, electricity, gas and telephone shall be covered by Party B. Party B should get Party A’s consent if he/she has guests to stay overnight. The apartment is usually not far from the office. If it is far away Party A shall offer Party B proper transportation.
 


  b) Vacations

 Party B have two weeks summer vacation and two weeks winter vacation as an annual paid leave if the work contract is for one year and above.

 

c) Holidays
 Party B can take leave on Chinese holidays and Christmas holidays. Party A provides at least two free trips in the holidays in Guangdong Province for Party B.   


  d) Sick Absence
 Party B can have ten-day full-payment sick leave and ten-day half-payment sick leave during the contract duration.
 Party B must present to Party A the doctor’s prescription if he/she is absent for more than 3 working days. Party A has the right to terminate the contract if Party B’s sick absence exceeds 30 days in accumulation during the contract duration. Under this circumstance Party B still has the other remunerations except for the salary until he/she resumes the work.


 e) Leave other than paid vacation and public holidays

Party B must get approval from Party A if Party B wants to take any leave other than the paid vacation and public holidays. Such a leave is without payment. During the contract duration, Party B shall not take more than 10 accumulated days for such leaves.  Party B should notify Party A at least 7 working days in advance except under exceptional circumstances.
 If Party B is absent without Party A’s consent, a three-day salary shall be deducted by Party A for a one-day non-approved leave.

 III. Revision and Termination of the Contract
 
 i. Both parties should abide by the contract and should not revise or terminate the contract without mutual consent in writing.
 ii .Party A has the right to terminate the contract 14 days in advance by written notice to Party B under the following conditions.
 a) Party B does not follow the contract obligations or does not make corrections after Party A points out its default.
 b) According to the doctor’s diagnosis, Party B cannot resume normal work after 30 consecutive days of sick leave.
 c) Party B breaks Chinese laws, relevant regulations and causes serious results.
 iii. If Party A wants to terminate the contract, he/she must notify Party B 14 days in advance by written document with acceptable reasons. Meanwhile, Party A should pay US$500 of breach penalty to Party B.  
 iv. If Party B terminates the contract, he/she should notify Party A 14 days in advance by written document with acceptable reasons. Meanwhile, Party B has to pay US$500 of breach penalty to Party A.

v. If Party A terminates the contract because of force majeure with the consent of Party B, Party A should pay Party B returning expenses; if Party A breaks the contract without acceptable reasons, he/she should pay Party B US$500 of breach penalty to Party B.

vi. If Party B breaks the contract because of force majeure, he/she should submit valid testimony documents and get Party A’s consent. If Party B breaks the contract without acceptable reasons, he/she should pay US$500 of breach penalty to Party A. 
 
 IV. Breach Penalty and Disputes
 
If one of the two parties fails to fulfill the contract obligations, that is, breaks the contract, he/she must pay US$500 of breach penalty or equivalent in RMB to the other party.
Any disputes, misunderstandings and disagreements should be resolved by friendly negotiation and discussion for the mutual benefit. The disputes have to be solved by arbitration if the negotiation fails.
 
 V. Duration:
 
This contract comes into effect at the date of signatures by both parties and remains valid for six month. The contract can be extended when it expires.


This/her contract shall be signed in duplicate both in Chinese and English, binding on both parties.
 

 

 


  Signed and on behalf of:                   Signed and on behalf of:              
 Party A:                                          Party B:
 
                                                                 
 
  Date:______________                   Date:_______________