party a_____________
party b_____________
i party a wishes to engage the service of party b___________________as____________________________ the two parties in a spirit of friendly cooperation 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 of ________ _____to the ________day of ________
iii the duties of party b (see attached pages)
iv party bs monthly salary will be yuan rmb (about usd) the pay day is every month_______ if not a full month the salary will be will be prorated (days times salary30)
v party as obligations
1.party a shall introduce to party b the laws decrees and relevant regulations enacted by the chinese government the party as work system and regulations concerning administration of foreign teachers
2 party a shall conduct direction supervision and evaluation of party bs work
3 party a shall provide party b with necessary working and living conditions
4 party a shall provide coworkers for the first week if necessary
vi party bs obligations
1 party b shall observe the laws decrees and relevant regulations enacted by the chinese government and shall not interfere in chinas internal politics affairs
2 party b shall observe party as work system and regulations concerning administration of foreign teachers and shall accept party as agreement direction supervision and evaluation in regard to hisher work without party as 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 chinas religious policy and shall not conduct religious activities incompatible with the status of a teacher
5 party b shall respect the chinese peoples moral standards and customs
v 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 cancelled 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 written notice to party b under the following conditions
(1) party b does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated and has failed to amend after party a has pointed it out
(2) according to the doctors diagnosis party b cannot resume normal work after 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 fulfill the contract obligations according to the terms stipulated that is breaks the contract it must pay a breach penalty of us 500 (or the equivalent in rmb)
if party b asks to cancel the contract due to events beyond control it should produce certification by the department concerned obtain party as 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 bs return expenses if party a cancels the contract without valid reason it should pay party bs 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 30 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 bureau of foreign experts and ask for a final arbitration
this contract is signed at in duplicate this day of 200 in the chinese and english languages both texts being equally authentic
party a_____________ party b_____________
(signature) (signature)
attached contract_________
name of employee _________ i hereby accept the terms and conditions of employment as set out hereunder
name of employer _________
position fulltime teacher of english as a second language (tesl) at
commencement date this day of _________
termination date this day of __________
duties:
1 prepare lessons well prior to teaching
2 conduct english lessons
3 assess students work
4 take an active part in students extracurriculum activities of party a
working hours
work according to the time table of party a from monday to friday each week (except for holidays) sometimes party b may need to work on special occasions say the anniversary of the founding of party a or any special promotional work and the employee is to be given day(s) off later or to be paid
workload
generally 16 to 20 facetoface teaching periods (45 minutes for each period) should be delivered to the students every week and usually there might be 5 periods of english corner activities outside the classroom to be delivered to the students
salary
the basic month salary is stipulated in the general contract and paid on the day agreed on the contract
the summer vacation (august 1st to september 1st) salary and winter vacation (20 days) salary
the summer vacation salary equals to a normal month salary while winter vacation salary 23 of onemonth salary
free facilities and other things
1 accommodation a flat with one bedroom living room kitchen and bathroom (with aircondition tv video telephone bed sofaetc)
2 electricity hot water and gas
3 meals in the school if not will get 300yuan food allowance each month
4 a bike (but should be maintained by party b when the contract finished should return to party a)
air fares
return airticket will be reimbursed with satisfactory completion of oneyear fulltime service for party a the return air tickets should be under 1000usd
travel bonus
part b will be paid 2200 yuan travel bonus by party a when one year contract finished
visas
party a will process and pay for the work visa for the employee but party b should pay hisher own tourist visa to enter china
holidays
there are seven continuous days in may and seven continuous days in oct and 30 days in summer and 20 days in winter and xmas 3 days new year 2days if some important activities of party a happen to be on holidaysthe employee will attend as well and party a shall make up the holiday(s) or pay for himher the employee is not allowed to ask for leave of tour except in holidays
sick leave and other leave
if the employee has been sick and obtained the permission from the hospital that heshe could ask for sick leave the employee can receive rmb 30 yuan for the sick leave allowance each day and no other salary during the period of hisher sick leave if the employee has been sick for a continuous 30 days party a could terminate the contract according to the regulation of the contract issued by china state bureau of foreign experts
if the employee has to ask for personal leave during work time heshe must obtain the permission form the school and the days of personal leave should not surpass 20 days otherwise the school has the right to terminate the contract if the employee neglects the work without any reason or asking leave from the school party a shall has the right to fine the employee hisher double of his salary during those neglecting days if the employee has been neglecting the work for a continuous seven days party a shall has the right to fire the employee
health and medical care
the employee must conduct a medical examination at hisher own expense to certify that heshe
does not suffer from hepatitis or any other infectious disease before heshe leaves for china the employee can receive free medical care at the schools clinic and pay the fee of the medical care outside the school
computer and telephone
party a provides the employee with the facility of computer and telephone but the employee should pay for the internetfee (if applicable) and heher will pay the phone call
the employee shall deposit 500 rmb both for internet fee and telephone fee before heshe leaves party a (the contract expires) as the phone bill always comes at the end of the following month
copyright
both the employee and the employer own one copy of the contract
confidentiality
the employee shall not disclose hisher salary and the information of the contract to a third party without the consent of the employer
this attached contract is an integral part of the contract issued by china state bureau of foreign experts
employee_____________ employer___________
signature date_______ signature date_________
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