CONTRACT
ISSUED
AND PRINTED BY
THE STATE BUREAU OF FOREIGN EXPERTS
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 fufil conscientiously all the obligations stipulated.
II. The period of service will be from the
_______day of _______, 20____to the _______day of ______,
20_______,
III. The duties of Party B(see attached pages)
IV. Party B¡¯s monthly salary will be £¤_______yuan
RMB, ______% 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 day 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 2000(or the equivelant 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 concels 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 concels the contract without
valid reason, it should pay Party B¡¯s return expenses; if
Party A concel 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, if 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 disputer which may arise about the contract. If all attempts
fail, the two parties can appeal to the organization of arbitration
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 _______, 20______, in the Chinese and
___________ languages, both texts being equally authentic.
Party
A (Signature) Party
B (Signature)
APPENDIX
Long term¡ªtwo or more than two semester
1¡¢ task
Party B¡¯s teaching assignment is arranged by Party A. Party
B is arranged to teach 16¡ª20 hours per work.
2¡¢ At the end of each term, Party B must write a teaching
summary, which is to be handed into the head of English Teaching
and Research Group
3¡¢ 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.
4¡¢ Salary
a) Salary will be paid monthly. If Party B can complete the
tasks agreed on the schedule and guarantee the quality of
work, Party A shall paid Party B RMB4500 if Party B¡¯s total
salary doesn¡¯t reach this amount.
Total Salary Calculate Formula:
Regular Salary(RMB2300)+Class Salary(Total Class ¡ÁRMB30 Per
Class)
b) Salary will be paid monthly. If Party B works less than
15 days in one month only half of the amount will be paid.
c) Salary will be paid in Chinese currency(RMB)
5¡¢ Traveling expenses
Party A will provide Party B with an air ticket for a round
trip from Zhanjiang to ______________ via Hong Kong.
6¡¢ Other expenses
a) During this contract, Party A will provide Party B with
a furniture apartment free of charge, cooking facilities will
be equipped. Other electric appliances will be supplied accordingly.
Gas consumption is paid by Party B. And Party A will supplied
Party B RMB150 a month for water, electricity and telephone.
The charge for actual consumption of water, electricity and
telephone is deducted from the monthly salary.
b) Free medical care is arranged at the school clinic. And
Party B has to pay for all medical care outside the school.
7¡¢ Holidays
Party B shares both all national holidays and two vacations
at the school during the contract period 1200 yuan(RMB) will
be subsidized as traveling expense. Short trip traveling will
be arranged by Foreign Languages Teaching and Research Section.
8¡¢ Leave of absence and sick leave
a) Party B can ask for sick leave based on a certificate from
one of the doctors. If Party B fails to recover and come to
work after 30 consecutive days, Party A has the right to do
article 7 item c to invalidate the contract or only 70% of
the salary will be paid.
b) If Party B has to attend to private affairs during working
time, consult party A and ask for leave of absence.
9¡¢ Party B must provide health certificate or assure be able
to pass through the medical examination in China.
10¡¢ If incidents or accidents happen when Party B are outside
the school, Party A shall deal with them with the help of
the police station in time.
11¡¢Without Party A¡¯s permission, Party B mustn¡¯t coach
the students outside the school or go outside the school with
the students.
12¡¢Party B mustn¡¯t allow the students to enter his (or her)
apartment.
Party A (Signature) Party
B (Signature)
