CONTRACT BY GOVERNMENT
I. Party A wishes to engage the service of Party B as an English teacher . The two parties, in a spirit to friendly cooperation, agree to sign this contract and pledge to fulfil conscientiously all the obligations stipulated in it.
II. The period of service will be from the day of , 2009 to the day of , 2010 .
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 to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A's work system and regulations 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 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 laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
2. Party 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 Chinese people's moral standards and customs.
VII. Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should 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 fulfil the contract or does not fulfil the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed 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 fulfil the contract or fails to fulfil the contract obligations according to the terms stipulated, that is , breaks the contract, it must pay a breach penalty of US $ 500 to 2,000 (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 a 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 that 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 , in duplicate, this day of , , in the Chinese
and English languages, both texts being equally authentic.
Party A : Party B:
Principal: Signature :
Signature :
Date of Confirmation Date of Signature
APPENDIX BY SCHOOL
Party A:
Party B (Nationality: , Passport Number: ) As one of the school English teachers
After friendly negotiation and consultation, the two parties unanimously have reached the agreement underlying the following clauses:
ClauseⅠ: Personal Guarantee:
Party B fully understands the duties, responsibilities and working hours involved in the position. Party B is confident that he/she can undertake these duties in the best interests of the middle school, without causing harm to, and without creating any conflicts with his/her conditions of employment and financial remuneration. Party B has read ,understood and promises to follow the Contract and Appendix. Party B understands that failure to follow the Contract and Appendix may lead to the termination of employment.
ClauseⅡ: Engagement Treatment
1. About Salary:
(1) Salary is paid on the 28th of each month. When Party B’s working days are fewer than a month, his/her daily salary is 1/30monthly salary of the month .
(2) When the salary is converted into foreign currency, Party B must pay the tax.
2. Accommodation:
(1) Free accommodation will be provided by PartyA. Party Bwiil be offered one single room with an exclusive toilet room and inside the room an air conditioner, a TV set, a refrigerator and a computer, some need furniture etc. Party a shall be responsible for all housing utility fees such as electricity, gas, water internet and cable TV.
(2) Party B shall keep the apartment clean and in proper order. Party B shall be responsible for any and all damage or loss to the apartment or furniture beyond normal wear and tear.
3. Meals:
Three meals provided free of charge at school dining room.
If necessary, there is a kitchen for foreign teachers cooking food by themselves.
4. Travelling Allowance:
The travel allowance of 2200 RMB will also be paid to Party B. This will be issued upon completion of Party B’s contract.
5.Heath Insurance:
Health Insurance amounting to 2000 Yuan RMB depending on the period or commitment by foreign teacher.
6. International Airfare
Reimbursement of two ways international air fare(tourist class) and Party B will get the money for the international airfare upon successful completion of the contract. Party A will meet party B at the international airport.
Party B should be responsible for the cost of the overweight.
7. Legal Documents
Party A will provide all necessary legal documents including work permit and the residence permit in China for the period employment. Party A may remove and cancel all legal documentation when the employment and /or this contract is completed and /or terminated.
Clause Ⅲ.Contract teaching Hours, Places and holidays
1.Usual Jobs:
ONE week forms a session, working-time is 20 teaching periods ,each class equals 40 minutes.
2.Working Places: our Middle School and the sister school of our Middle School.
3.Tempoary Jobs:
Party B has the obligation to carry out some temporary jobs from the school. From time to time , Party b will also be responsible for preparation and administrative duties as directed by our Middle school, including but not limited to: interviewing students for placement testing, organizing and participating in planned events and material development. For example, to be the editor of our school’s English paper(once a month), take part in some activities of English.
Party A has the language training center, so Party A often provides training programs for the people in Haimen city during the weekends, holidays or sometimes at night. It is also one kind of Party B’s temporary jobs. But if Party A wants Party B to do this kind of training ,Party A will pay Party B extra money for that( usually 75yuan per hour).
4. Public Holidays:
Party B will receive all public Chinese holidays, should they occur during the duration of this contract. These include: New Year’s day(January the first),Chinese New Year, Labour day( May the first), National Day(October the first), Christmas Day ( One day).
ClauseⅣ: Regulations for Foreign Teachers In our Middle School (see APPENDIX2)
Clause Ⅴ:Leave of Absence:
All leave must be authorized by our Middle School Foreign affairs Office and all unauthorized stopping of class will be regarded as absence without just cause.
Sick Leave:
(1) Any sick leave must be supported by our Middle School. In the event of sickness, written notification must be given to our Middle School Foreign Affair Office Personnel as soon as possible and in no case later than 8:00am on the day of sickness.
(2) Term of sickness and salary during the sick leave shall be subject to Chinese law and regulation.
Leave for Personnel Business:
(1) Leave application for personnel business must be given to our Middle School Foreign Affair Office one week in advance. For each day that the leave is granted, a sum equivalent1/30 monthly salary will be deducted.
(2) The total days of leave for personnel business may not exceed one week in a term.
Leave without Just Cause:
(1) Unauthorized changing, stopping a class, reducing the time of a class or finding a substitute to take a class.
(2) Salary deduction according to teaching hours will be imposed for leave without just cause. The deduction for each teaching hour is 1?30 of the monthly salary.
(3) Besides making such salary deduction, the institute will criticize, help and warn any teacher to whom these provisions may apply.
This appendix is an inseparable part of the contract and has equal effect. This appendix is signed at our Middle School , the day of ,, in Chinese and English, both texts being equally authentic
Party A: Party B:
Principal: Signature:
Signature:
Date: Date: