Sample Contract
I. Party A This College of Education wishes to engage the service of Party B as English teacher . The two parties, in a spirit of 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 , to the day of , ; 18 lessons every week, and each lesson lasts 45 minutes.
III. The duties of Party B
1. Teaching Chinese students in the English department.
2. Teaching the students from the school affiliated to Party A
3. Training Chinese teachers and the students
4. Helping Chinese teachers and students to improve their language level.
IV. Party B’s monthly salary will be ¥ 3500 yuan RMB, 70 % of which can be converted into foreign currency monthly. Party A is responsible for a one-way international air ticket ( or US 425 dollars) to Party B’s nation of origin if Party B is on a over-half-one-year contract; if on a over-one-year contract (including one-year), Party B can get US 850 dollars as most.
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. (Phone bill and Internet fee are paid by Party B)
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 respect china’s religious policy, shall not spread the religion, and shall not conduct religious activities incompatible with the status of an expert.
3. 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 agree on with Party A.
4. Party B shall complete the tasks agreed on schedule and guarantee the quality of work. Party B shall not be late for class, end class early, or swap classes.
5. Party B shall respect the Chinese people’s moral standards and customs.
6. Party B shall not allow other persons to live in the dormitory.
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 contact 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 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 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 cancel 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 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 Bureau of Foreign Experts and ask for a final arbitration.
This Contract is signed in , in duplicate, this ___________ day of __________, , in the Chinese and English languages, both texts being equally authentic.
Signature of Foreign Teacher Signature of College Authority
Date Date
Appedix
Ⅰ）The employed party shall pay the personal income tax in accord with the Personal Income Tax of The People’s Republic of China
Ⅱ）The employing party shall provide lodging with furniture, bedding, telephone, television, refrigerator, toilet, heating and cooling facilities, kitchen and computer; the employed party shall keep the apartment clean.
Ⅲ ）The employing party shall provide RMB 500 yuan medical allowances for half a year and RMB 1000 yuan for a year.
Ⅳ）The employing party shall provide one bicycle for the employed party, and the employed party shall keep it properly, compensate it if lost.
Ⅴ）The employing party shall provide single international economy class air ticket for the nearest distance from China and the country of the employed party with half-a-year contract, and if the amount of air ticket is over 425 US dollars, the employing party shall only pay 425 US dollars; the employing party shall provide return international economy class air ticket for the nearest distance from China and the country of the employed party with one-year contract, and if the amount is over 850 US dollars, the employing party shall only pay 850 US dollars.
Ⅵ）The employing party shall pay the fees of issuing Expert Certificate, Visa and Residence Permittance Certificate; the employed shall pay the fees of physical examination.
Ⅶ）The employed party shall pay phone bill and internet bill.
Ⅷ）The employing party shall pay RMB 1100 yuan per half year for the employed party; RMB 2200 yuan per year.
Ⅸ）Private affairs leave of the employed party shall be approved by the employing party. The private affairs leaves should not exceed 10 days. The employing party will deduct the salary by RMB 60 yuan per lesson. The continuous private affairs leave shall be no more than 3 days.
Ⅹ）If the employed party leaves Yangzhou during the contract period, he or she must inform the employing party; if the employed party leaves for other countries, he or she must inform and get the approval from the employing party. Otherwise, the employed party will take the responsibility by themselves, and the employing party has the right to cancel the contract.
Ⅺ）The apartment provided is only for the employed party and other persons are not allowed to live in. If necessary, the employed party must get the approval of the employing party. And the employed party must obey the regulations, issued by the college, concerned with apartment management.
Ⅻ) Other things:
Signature of Foreign Teacher Signature of College Authority
Date Date
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