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 kitchen,necessary
furniture including a TV,a washing machine,air 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:_______________