Index | All Jobs | Program | Services | Application | Documents | FAQ | About China | News | Contact Us | Forum
The position of your now: Index >> HEB536's Contract & Appendix

 

Employment Contract

Party A:                             Party B:
甲方:                                  乙方:
The above two parties have reached the following agreements:
上述双方(甲方、乙方)达成如下协议:
I. The period of employment
Party B will work in E&A College as an English teacher for one school year
from ___________________ to __________________ .
一、 合同期
乙方自 至 担任英语教师,为期 。

II. Party A will provide Party B the following conditions in order to make sure Party B can work and live in the school smoothly
1. Relevant certificates
Party A will be responsible for getting residence permit, and work permit for Party B as well as the letter of invitation necessary for Party B to get an entry visa, to make sure he or she works in China legally. Party B will pay all the fees. The fees for Party B’s medical examination after his /her arrival in China will be paid by Party B.
2. Salary
Party A will pay Party B a monthly salary of 4,000 Yuan (RMB) on the 5th of next month(If it happens to be Sunday or Saturday the pay day will be postponed to next Monday), beginning from to on condition that Party B teaches 20 hours a week . If Party B does not teach during a month, Party A will pay no salary. If Party B teaches fewer than 4 weeks during the first month when Party B arrives at the college,or during the last month stipulated in the contract, Party A will pay Party B according to the actual number of hours that Party B teaches in the month at 50 yuan(RMB) per hour. Party B agrees to arrive at the college at least 3 days in advance of the beginning of the classes to prepare for the classes. However Party A will not pay for Party B’s preparation period. If Party B teaches more than 20 hours a week, Party A will pay 70 yuan(RMB) per hour for each of the extra hours that Party B actually teaches.
3. Medical care and Insurance
If Party B goes to see the doctor or stay in hospital, fees will be paid by Party B. Party A will pay for accidental injury insurance for Party B covering the period of employment stipulated in this contract, The cumulative compensation is within 100,000 Yuan(RMB) in a year, made by the insurance company according to the terms stipulated in the insurance policy.
4.Accommodations
Party A will provide Party B the use of (at no charge) a one-room(at least one room) apartment, a bathroom with a western style toilet, a wardrobe,a bookcase, a desk ,a chair, a bed, a quilt and mattress, a pillow, curtains, shower, a TV set, a VCD player, 5 tons of water/month and 100 kilowatts of electricity/month, an air-conditioner, a refrigerator, a washing machine, a microwave oven, tableware(plates and dishes, knife and fork etc.) a direct-line telephone with international calling capabilities, the internet( fees for the telephone and internet are paid by the user.).The computer、 printer and internet are available free of charge in the Foreign Teachers’ Office for public use.
5.Holidays
During the time Party B works for Party A, Party B will enjoy the Chinese public holidays. According to the practice in China now, teachers and students can have a longer break during some Chinese public holidays such as May Day and National Day holidays (usually 7 days each) but classes will be made up for at weekends before or after the break. Party B agrees to follow this practice and make up for the classes as arranged by Party A while he or she works for Party A.
The Chinese students usually do not have Christmas so that Party A usually does not stop classes for Christmas. However, considering the needs of Party B, if Party B is scheduled to have classes on Christmas, Party A agrees that Party B can stop the classes for one day and Party B agrees to make up for the day’s classes on another day as arranged by the Academic Administrative Department of Party A.
During the time Party B works for Party A, Party B can enjoy the teachers’ vacation as arranged by Party A. During the vacation, Party A will pay salary to Party B.
Party B cannot enjoy the travel allowance of 2200 Yuan RMB per year as bonus paid by Party A to Party B, unless Party B works for Party A in China for at least 10 months.
6.Arrival, Departure and Plane tickets
When Party B arrives in China, Party A will arrange to pick up Party B from the Beijing Airport. When Party B leaves for his or her native country after the contract is completed, Party A will arrange to send Party B to Beijing airport. In both the above cases, Party A will pay the costs.
Party A will provide one international round-trip air-ticket (economy class ticket, within 7000 Yuan RMB )from Beijing Airport to the airport where Party B takes his flight to China in his /her native country after the contract between the two parties has been completed. However, if the airfare is more than 7000 Yuan RMB, the extra part will be paid by Party B.
7.Meals
Party B can enjoy three meals per day in the school cafeteria at his/her own expense.
二、为确保乙方能在该校顺利工作、生活,甲方将为乙方提供如下条件:
1. 有关证件
甲方将负责为乙方办理入境签证所需的邀请函、居留证、工作许可证,以确保乙方在中国合法工作,一切费用由乙方支付。入境后体检费由乙方自理
2. 薪水
自 至 ,乙方为甲方每周授课20小时,甲方将于下月5日向乙方支付月薪4000元(人民币)。(如遇星期六、日,发薪日推迟至下星期一)。如乙方月内不授课,甲方不向乙方支付薪水。如乙方报到第一个月或合同最后一个月授课不足4周,甲方按实际授课时数向乙方支付酬金,50元/课时。乙方同意开课前至少提前3天到校备课。但是乙方备课甲方不另付工资。如乙方每周授课超过20课时,甲方按乙方实际讲授的超课时时数付费,70元人民币/课时。
3. 医疗与保险
乙方就医或住院,费用由乙方自理。甲方将负责为乙方向保险公司办理意外伤害险,保期10个月,累计赔付100000元人民币以内,由保险公司按保单规定的条款支付。
4.住宿
甲方将为乙方提供一套至少一室的住房(免费使用),有卫生间、西式马桶,衣柜,书柜,桌、椅,床,被、褥、枕头,窗帘,淋浴,电视机一台,VCD机一台,每月5吨水、100度电,空调,冰箱,洗衣机,微波炉,餐具(盘碟、刀、叉等)国际直拨电话,及互连网(电话及互连网费由使用者自己支付)。外教办公室内免费提供公用电脑、打印机及互连网。
5.节假日
乙方为甲方工作期间,乙方将享受中国的公共节、假日。根据中国现行惯例,一些公共节、假日如五一节和国庆节,学校师生通常休息7天,但是休假前、后的周末,通常要补课。乙方同意遵守这一惯例,并按甲方安排补课。
中国学生通常没有圣诞节,甲方在圣诞节期间不能停课,但是,考虑到乙方的需要,如果乙方圣诞节那天有课,甲方同意乙方停课1天,但乙方同意以后按甲方教学事务部的安排补上圣诞节休息所耽误的课。
乙方为甲方工作期间享受甲方安排的教师假期。休假期间甲方向乙方支付工资。
乙方每年可享受2200元人民币的旅游津贴,由甲方支付给乙方。乙方须为甲方在中国工作至少10个月,方可享受此旅游津贴。
6. 报到、回国与机票
乙方到达中国后,甲方安排到北京机场接机。乙方合同期满回国时,甲方安排将乙方送到北京机场。所需费用均由甲方支付。
合同期满后,甲方为乙方提供一张从北京机场到其乘航班来中国时的本国机场之间的往返国际机票(经济仓机票,7000元人民币以内)。如机票价格超过7000元人民币,超出部分由乙方自付。
7.伙食
乙方可以每天在学校餐厅用餐,一日三餐,乙方自己付费。

.
III. Requirements for Party B
1. Party B must provide documents about himself or herself, which agree with his or her actual background. After Party B arrives at Party A’s college, if Party A finds the documents disagree with his or her background, Party B agrees that Party A can change the previous salary and other treatments agreed on by both parties, and provide the salary and other treatments equivalent to his or her actual background. Or Party A may handle the issue in other ways that Party A considers proper.
2. Party B must observe all the Chinese laws as well as the disciplines of E&A
College.
3. Party B must respect Chinese moral standards as well as religious policies.
4. Party B agrees to teach 20 hours per week (possibly including 6 hours of teaching outside the campus)according to Party A’s arrangement. Besides, Party B agrees to take part in extracurricular activities 2 hours a week, such as English Corner, English parties, recordings, speech contest, helping to strengthen the English environment, and other work as arranged by the Academic Administrative Department. Without the permission from Party A, Party B is not to take classes outside E&A College. When Party A adjusts the schedule of classes according needs of teaching, Party B agrees to teach according to the adjusted schedule.
5. Party B must finish all his/her work to make sure that all students are qualified for the school goals of the year and to help to keep a good reputation for the school.
6. Party B must not change the teaching schedule without the permission from Party A. Party B should make a teaching plan at the beginning of each term and hand it in to the International Affairs Center of the college. Party B must write lesson plans for the classes he /she teaches and hand them in to the International Affairs Center before the 25 of each month. Party B shall set and grade exams. Party B must accept Party A’s direction, supervision, and evaluation in his work.
7. Party B must work on time. Party B must inform his department for asking for leave in advance at least 1 day prior to the commencement of the class. Party B must inform his department for not being able to work due to illness with an accompanying proof of illness from a physician at least 1 day prior to the commencement of the class. Party B should discuss with the Academic Administrative Department and arrange to make up for his/her untaught classes when he/she comes back to work. If Party B cannot come back to teach because of his/her illness for more than 1 week, Party B agrees that the subsidy will be taken away from his/her salary to give the teacher who takes over his/her class for the period(s) missed. Party B agrees to be deducted 100 Yuan RMB for missing a scheduled class and 50 Yuan RMB for being late for class. Party B agrees to be deducted 200 Yuan RMB for missing a scheduled class if he/she does not ask for leave in advance. The foreign affairs office will put the attendance in a file.
8. Party B must not keep anyone for the night in the apartment provided by Party A or he must get the permission from Party A first. In living in the apartment, using the electrical appliances and electronic devices or other home appliances in the apartment, Party B should follow the safety rules concerned to the letter. Party B will be responsible for any losses caused by this.
9. For the sake of Party B’s safety, Party B must get permission from Party A before Party B goes outside the campus or stays outside the campus for the night.
If party B wishes to travel outside Qin Huangdao, he/she should inform the college of his/her traveling plans in advance and takes care of his/her own safety while traveling. Party B takes sole responsibilities upon himself /herself for any incidents or accidents while away from the school on holidays.
10. Party B must not damage the facilities provided by Party A. If any damage occurs, Party A will be responsible to have the damaged facilities repaired with the cost paid by Party B
三、 乙方责任
1. 乙方提供的证件必须与实际相符。乙方到达甲方学校后,如甲方发现乙方提供证件与实际不符,乙方同意甲方改变双方约定的工资待遇,按乙方的实际证件提供相应的工资及待遇,或予以其他方式的处理。
2. 乙方必须遵守欧美学院的纪律,以及所有中国的法律。
3. 乙方必须尊重中国的道德准则及宗教政策。
4. 乙方同意按照甲方的安排每周授课20小时(可能包括6小时校外工作)。此外乙方同意参加课外活动2课时/周,如英语角, 英语晚会,录音,演讲比赛,帮助校方加强英语环境,完成教学事务部安排的其他工作。未经甲方许可,乙方不得到欧美学院以外任课。当甲方根据教学需要调整课表时,乙方同意按甲方调整后的课表授课。
5. 乙方必须完成自己的全部工作,确保学生达到学年教学目标,协助维护学校的良好声誉。
6. 未经甲方许可,乙方不得擅自修改课程时间表。乙方应在学期初制订教学计划并提交国际交流中心。乙方授课必须写教案,并于每月25日前将教案交到国际交流中心。乙方负有出题和阅卷义务。乙方必须服从甲方对其工作的指导、检查和评估。
7. 乙方必须按时上班。乙方如有事请假,必须在上课前提前至少1天通知所在系(或部门)。乙方因病不能上课时,必须在上课前至少提前1天通知所工作的部门,同时提供医生出具的证明。乙方返回工作时,应与教学事务部商量并安排补上未教的课程。如因病请假超过1周,乙方同意将其所未能上课的课酬支付给为其代课的教师。上课迟到一次扣除50元人民币。如乙方缺课而事先未请假,乙方同意对其未能上的课按每课时200元人民币从工资中扣除,外事办公室将记录考勤。
8. 未经甲方许可,乙方不得在甲方为其提供的宿舍内留宿他人。乙方在甲方提供的房内住宿、使用各种电器,应严格遵守有关的安全规定。一切有关损失由乙方自己承担。
9. 出于安全考虑,乙方外出或在校外过夜必须事先征得甲方同意。乙方到秦皇岛以外旅行,他/她应提前将旅行计划通知校方,并且旅行期间,注意安全。乙方离校外出度假期间,如遇任何意外事故,全部责任自负。
10. 乙方不许损坏甲方提供的设施。如有损坏,甲方负责修理,费用由乙方支付。


IV. Revision, Cancellation and termination of the Contract;
Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have an agreement, the contract should be strictly observed.
1.Party A has the right to cancel the contract with a written notice to PartyB and refuse to give Party B the air ticket under the following conditions:
1) Party B has violated Chinese laws or school regulations.
2) 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.
3) Party B has failed the evaluation of the College or the students.
4) According to the doctor’s diagnosis, Party B cannot resume normal work after a continued 30-day sick leave.
2.Party B has the right to cancel the contract with a written notice to Party A under the following condition:
Party A has not paid Party B as stipulated in the contract.
3. During the time Party B works for Party A, if Party B has appropriate reason to resign, he must hand in a written report to Party A 30 days prior to leaving post. Party B is not allowed to leave the post until Party B gets the approval of Party A. Party B will be responsible for any loss caused by this.
四.合同的变更、解除与终止
双方应该信守合同。未经双方一致同意,任何一方 不得擅自更改、解除或终止合同。经双方协商同意可以变更、解除或终止合同。在未达成一致意见以前,仍应严格履行合同。
1. 在下列条件下,甲方有权以书面形式通知乙方解除合同,并有权拒绝支付机票费用:
1) 乙方违反了中国法律或校纪校规。
2) 乙方不履行合同或者未按照合同规定的条款履行合同义务,甚至在聘任方指出后仍然不改正的。
3) 乙方的教学质量不能够通过校方或者学生的评估。
4) 根据医生的诊断,乙方在连续30天病假以后仍然不能恢复正常工作的。
2. 在下列条件下,乙方有权以书面形式通知甲方解除合同:
甲方未能按合同规定支付受聘方报酬。
3. 乙方为甲方工作期间,如果乙方有适当的理由辞职,乙方必须于离职前30天向甲方提交书面报告。得到甲方许可,乙方方可离职,并承担相应损失。

V. Breach Penalty:

1. 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, he/she must pay the other party a breach penalty of US $500 to $2000 (or the equivalent in RMB).
2. If Party B cancels the contract without valid reason, he/she should not only pay his/her own return expenses but also pay a breach penalty of U. S.$500 to $2000 (or the equivalent in RMB) to Party A.
3. If Party A cancels the contract without valid reason, he/she should pay Party B’s return expenses and pay a breach penalty of US $500 to $2000 (or the equivalent in RMB) to Party B.
五. 违约金
1. 当事人不履行合同或者履行合同义务不符合约定条件即违反合同时,应当向另一方支付500——2000美元(或者相当数额的人民币)的违约金。
2. 如果乙方无故解除合同,除离华费用自理外,还应当向甲方支付500——2000美元(或者相当数额的人民币)违约金。
3. 如果甲方无故解除合同,甲方除负担乙方离华费用之外,还应当向乙方支付500——2000美元(或者相当数额的人民币)违约金。

VI. 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 arbitration organization concerned in Qin Huangdao and ask for a final arbitration.
Should there be anything that is not refereed to in this contract, it should be settled through consultation by the two parties.
六、仲裁
在对于合同发生任何争论纠纷时,双方应该尽可能通过协商或者调节解决。如果一切调解、协商手段无效, 双方可以向秦皇岛仲裁机构申请仲裁。
本合同未尽事宜,由甲乙双方协商解决。


VII.This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. Party B shall bear all expenses incurred and take full responsibilities for himself/herself when staying on in China after the contract expires.
If either of the two parties ask for a new contract ,he/she should forward his/her request to another party 60 days prior to the expiration of contract, and sign the new contract with mutual consent.
This contract in both English and Chinese (with the same effect) has three copies, one for each Party concerned and the other to keep on file.
七、本合同在双方签字之日起生效,合同期满即自动失效。 乙方合同期满以后,在华逗留的一切费用自理,责任自负。
当事人一方要求签订新合同时,必须在合同期满60天前向另一方提出,经双方协商同意后签订新合同。
本合同中英文两种文字,一式三份,具有同等效力。甲乙双方各一份,另一份存档。

                            Party A(甲方)                                                         Party B(乙方)

                           Signature(签名)                                                     Signature(签名)

                           Date(日期)                                                               Date(日期)



 

Copyright © Angelina ESL 2002-2006 All Rights Reserved.

E-mail:webmaster@anesl.com