CONTRACT
I Party A wishes to engage the service of Party B as foreign Expert. The two parties in a spirit of friendly cooperation of agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
II The period of service will be from the day to the day of July
III The duties of Party B (see attached pages)
IV Party B’s monthly salary will be ¥ Yuan RMB, 70 %of which can be converted into foreign currency monthly.
V Party A’s Obligations
1. Party A shall introduce of Party B the laws, decrees and relevant regulation enacted by Chinese government, the Party A’s work system and regulation concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B’s work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B’s salary regularly by the month.
VI Party B’s obligations
1. Party B shall observe the law, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China’s internal affairs.
2. Part B shall observe Party A’s work system and regulations concerning administration of foreign experts and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Party B shall respect china’s religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the respect the Chinese people’s moral standards and customs.
VII Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, canceled or terminated with mutual consent,. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill contract obligations according to the terms stipulated, and has failed to amend after Party A has point it out.
(2) According to the doctor’s diagnosis, Party B cannot resume normal work after a continued 30 days sick leave.
4. Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
VIII Breach penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US﹩500 to 2000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A’s consent, and pay its own return expenses; If Party B cancels the contract without valid reason, it should pay its own return expenses and pay breach penalty to Party A. If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B’s return expenses; if Party A cancels the contract without valid reason, it should pay Party B’s return expenses and pay a breach penalty to Party B.
IX The appendix of this contract is an inseparable part of the contract and has equal effect.
X This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the contract expires.
XI Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.
This Contract is signed at Harbin in duplicate, the day of August , 2007, in Chinese and English , both texts being equally authentic.
The Appendix of standard work contract for foreign cultural and educational experts
I Work assignment
Teaching students the classes of English conversation﹑reading ﹑writing﹑America and British literature.
II The salary treatment
1. Direct payment
Monetary salary RMB Yuan/ month. The salary will be paid monthly with RMB from the day of starting work to the expiration of the contract. In case the time is shorter than a whole month, the payment shall be counted by day. The daily wage shall be 1/30 of the monthly salary (the same with February). No more than 70% of the salary can be changed into foreign currencies monthly. The employed party shall pay the personal income tax in accord with the Personal Income Tax Law of The People’s Republic of China.
2. Indirect payment
The employing party will guarantee the fundamental living conditions for the employed party in China:
(1)providing lodging with furniture, bedding, telephone, television, refrigerator toilet, heating and cooling facilities.
(2) Providing free medical care. The employed party should receive medical treatment in the hospital foreigners appointed by the employing party, otherwise, the expenses shall be covered by the employed party. Expenses for registration, transportation for medical care, tooth inlaying, face lifting, massage, glasses, meals in hospital, tonics not for medical purpose, and doctor’s house calls shall be covered by the employed party.
(3) Providing international air ticket (international economy class air ticket for the nearest distance between China and the country of the employed party).
(4)Luggage transportation expenses (if by air transport, the expenses shall be calculated by separate transportation for 24 kilograms, not by that of accompanying transportation. Alternatively, the expenses can also be paid to the employed party with 1/5 of the airlines between China and the U.S. stipulate to carry two large pieces of luggage of 64 kilograms for free, the employed party from the United States may not bear the luggage transportation expenses.
III Work Time, Rest and Holidays
1. The work time of the employed party shall be 8 hours every day, and 20 periods of classes a week.
2. If the host institution arranges overtime work for the party employed, it will pay the party a salary higher than that in normal work time according to legal standard.
3. The party employed is entitled to the following holidays and festivals in China: New Year’s Day, Spring Festival, May Day, National Day and other holidays stipulated by laws and regulations.
4. The party employed is entitled to the following festivals and holidays corresponding to their nationalities and religions: Two days for Christmas, three days for lesser Bairam and one day for Water-splashing Festival.
5. The party employed is entitled to the paid annual vacation. Employed party under one year contract is entitled to a four week paid vacation. Employed party in educational institution under one academic years contract is entitled to a paid (winter or summer) vacation.
IV Sick leave and private affairs leave
1. Certificate from doctors for foreigners appointed by the host institution should be presented when the employed party asks for sick leave. If the sick leaves amount of less than 30 days within one contract term , the party employed shall be paid with 100%of the salary. In case the leaves exceed 30 days, the host institution has the right to terminate the contract, or , if the contract is not terminated, the 70%of the salary will be paid until the normal work is resumed.
During the term of the contract, the medical care expenses of the employed party in the hospital foreigners appointed by the local government during business errands shall be paid by the host institution, the medical expenses incurred during private travels shall be covered by the employed party.
During the term of the contract, medical expenses incurred in Taiwan province、Hong Kong SAR、Macao SAR and places outside China will be covered by the employed party.
2. Private affairs leave of the employed party shall be approved by the host institution. The host institution will deduct the salary by day. In the contract term (one year or one academic year), the private affairs leaves should not exceed 10 days. The continuous private affairs leave shall be no more than 3 days, and two days salary will be deducted for each day thereafter.
In case of absent from work without the host institution’s permission, 3 days’ salary will be deducted for each day absent. For serious circumstances, the host institution has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.
V The Probation period of the contract and the Credit Bail
1. The probation period of the employed party shall be 60 days. In the host institution finds out that the employed party is unfit for the assignment specified in the contract for reasons of health or professional ability, it has the right to terminate the contract.
2. The employed party that is engaged through self-recommendation or others’ introduction shall pay a certain amount of credit bail (600＄to 1000＄, or that set by the host institution )before entering China so as to prove his /her good faith for employment. The host institution shall handle the formalities for the employed party to enter China after receiving the bail. The bail shall be returned to the employed party as the employment ends.
Where the host institution shall provides the employed party with the international air ticket to China, the employed party may purchase the ticket by him /her (with the traveling expenses as the credit bail),and the expenses will be reimbursed before the expiration of the contract.
VI Confirmation and change of every term of the appendix of the standard contract must be stipulated in written form through negotiation between the two parties. Any oral agreement will be regarded as invalid.
This appendix has equal validity of the standard contract and comprises an integral part of the contract.
The signature of the host institution The signature employed part