EMPLOYMENT AGREEMENT
BETWEEN
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This English Training School
of
_______ Xi’an ________
Shaanxi Province, People’s Republic of China
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AND
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(first name) (last name)
_____ ____________
(passport number)
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GOVERNMENT CONTRACT NUMBER:
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Any discrepancies between the government contract and the School terms，the government contract will be upheld, but all other non-affected terms within the School portion will stand。
Article 1：PARTIES INVOLVED
1.1 The parties to this agreement are:
a. This English Training School (hereinafter referred to as School) as the employer and;
b. __ _____ _ (hereinafter referred to as the employee)..
1.2 The governmental parties to this agreement are:
a. The State Administration of Foreign Experts Affairs, as a regulating party (hereinafter referred to as FEA).
b. The ShaanXi Provincial Public Security Bureau, as an observational party (hereinafter referred to as PSB).
c. The ShaanXi Provincial Foreign Experts Bureau, as an administrative party (hereinafter referred to as FEB).
d. The ShaanXi Provincial Foreign Affairs Office, as an administrative party (hereinafter referred to as FAO).
1.3 This agreement is entered into on the understanding that Mr.wanghailin(Hansen) as Principal of School，has the authority to act for and to enter into employment agreements/contracts on behalf of School.
1.4 The parties to this agreement acknowledge that it is an employer-employee relationship between the named parties (1.1) and is governed by Chinese law.
1.5 Article 2：CONTRACT DURATION
The duration of this contract is from ___February_2009_________ to __ January 2010___________. It may be extended in writing for a further period as mutually agreed by the employer and employee. The FEB and the PSB must be notified of any such extensions and VISA(s) must be promptly rectified.
Article 3： EMPLOYEE OBLIGATIONS
The employee undertakes as his/her obligation under this agreement/contract to;
3.1 Enter China with a valid working visa.
a. School will provide necessary documents: School job Reference Memo, Invitation Letter from FAO and a Work Permit from FEB.
b. All employees will be required to take a standard medical check，arranged by School， in China within the first 7-10 days. This check is required by law in order to obtain relevant permits / visas etc. The cost of the check is payable by the employee (approx ￥350.00).School can cover this cost at the discretion of the management and arrange for this cost to be deducted from the first month’s wage.
c. It is School’s responsibility to apply for a Residence Permit for the employee upon arrival. School is responsible for expenses relating to the application of the Residence Permit and Work Permit in China. It will be the employee’s responsibility to pay for the extension of the working visa if his/ her passport expires during the contract term.
3.2 Understand that according to regulations stipulated by the FEA and upheld by the provincial authorities，teachers may no longer enter China with a tourist VISA for the purpose of work. Such tourist VISA(s) will not be approved for transfer to work VISA(s).
3.3 Work under the direction of School as a teacher primarily at the __Changle_______ branch for the duration of this initial agreement but the employee acknowledges and agrees to work in other locations or branch schools as required. Traffic fees will be reimbursed provided a receipt is given upon request.
3.4 Approach his/her duties as a Teacher in a professional manner and provide assistance to the best of his/her ability in the teaching of English as a second language to all students of School and/or affiliated organizations.
a. Cooperate fully with all staff of School on a day-to-day basis.
b. Accept direction from senior staff of School.
c. At all times, comply with the requirement of his/her duty statement to the best of his/her ability.
d. Do not partake in the consumption of alcohol during or prior to normal operating hours of School schools.
e. Do not behave in any manner that would bring discredit on either the employer or School.
f. At all times treat school property and accommodation facilities in an acceptable manner.
g. Read and understand all documentation provided by School. This will include rules and regulations, policies and procedures, company history, corporate culture, teacher training materials, and anything else deemed necessary.
h. In the event of the employee abandoning his/her employment, he/she will forfeit all entitlements due, with the exception of salary up to the time of such abandonment of his/her employment, minus any fines levied. Such as: phase bonus, airfare, and expense of application of the Residence Permit and Work Permit. If the bonus was paid it will be deducted from the last pay check.
i. In the event of early termination of contract the employee will be required, due to government regulations, to bring their passport to the local PSB office, with a School representative, and cancel their VISA(s) and Resident Permit(s) provided by School.
Article 4： EMPLOYER OBLIGATIONS
4.1 Salary, Allowances and Bonus
a. A salary will paid the teacher from ￥4800.00 to ￥6500 per calendar month according to the number of working hours the teacher chooses, free of Chinese income tax. Details as follows:
Ø Teacher who covers 8 classes, no more than 16 teaching hours and 6 office hours a week, he / she will be paid ￥4800.00 per calendar month, the teacher has two days off a week;
Ø Teacher who covers 9 classes, no more than 18 teaching hours and 7 office hours a week, he / she will be paid ￥5200.00 per calendar month, the teacher has two days off a week;
Ø Teacher who covers 10 classes, no more than 20 teaching hours and 8 office hours a week, he / she will be paid ￥5400.00 per calendar month, the teacher has two days off a week;
Ø Teacher who covers 11 classes, no more than 22 teaching hours and 8 office hours a week, he / she will be paid ￥5800.00 per calendar month, the teacher has one day off a week;
Ø Teacher who covers 12 classes, no more than 24 teaching hours and 8 office hours a week, he / she will be paid ￥6200.00 per calendar month, the teacher has one day off a week;
Ø Teacher who covers 13 classes, no more than 24 teaching hours and 8 office hours a week, he / she will be paid ￥6500.00 per calendar month, the teacher has one day off a week;
Ø RMB2000.00 completion bonus for the teacher who chooses a 12 month, 6 day working week after his / her contract finishes.
Ø RMB 800.00 completion bonus for the teacher who choose 6 month 6 day working week after his / her contract
Ø RMB2000.00 will be paid for teachers who choose to sign another 12 month contract.
Ø RMB800.00 will be paid for teachers who choose to sign another 6 month contract.
Ø Working hours is include teaching hours and all other duties (preparation, marking, planning, testing, demo classes etc)
Ø Postponed paying the salary to the normal working day if the pay-day falls on a public holiday.
Ø Under 8 classes will be paid proportion based on 8 classes per month.
b. The first 2 months (60days) 90% of regular salary will be paid as probation. Upon successful Evaluation of teacher performance his / her salary will increase to 100%.
c. All contracts are based on either a 5 day week or a 6 day week. Office hours duties includes (preparation, marking, planning, testing, demo classes etc.) Missing hours will required to be covered by other modality (cover classes, teach at cooperate schools, etc.)
d. Payment of salaries on a monthly basis by the 15th of each month. Such payments will deposite into a nominated account within China. The management of School will assist the employee in converting salary paid, to foreign currency nominated offshore bank accounts, during the term of the contract. Bank transfer fees will be the responsibility of the employee. An appropriate banking institute will be chosen by School and assistance will be provided to the employee in opening the necessary bank account.
4.2 Medical insurance
Suitable medical and travel insurance for the duration of this contract should be arranged by the employee before departure to China. School will provide minor health care for the employee while employed at School. School will provide necessary support to our employees when medical attention is required. School is not responsible for the cost of major medical expenses or repatriation. In the event that School need to contact a family member，next of kin，please provide a name and contact details below：
NAME: _______________________________________________________
CONTACT DETAILS:_________________________________________________
___________________________________________________________________
__________________________________________________________________
___________________________________________________________________
4.3 sick leave
a. Paid sick leave for a maximum of 5 days (28 hours), for a 12 month contract. Paid sick leave for 2 days(14hours) for a 6 month contract. With the requirement of a medical prove from doctor after two (2) days absence from duty for medical reasons.
b. In the event that an employee is absent from duty for ten consecutive days or more， due to illness or injury，then the employer reserves the right to review this agreement/contract on medical grounds.
c. Similarly if the employee is absent for an excessive number of individual days without medical certificates, then the employer reserves the right to review this agreement/contract on medical grounds.
d. For contracts less than 6 months the number of paid sicks days will be prorated appropriately.
e. All sick days are deducted from your monthly salary, to be reimbursed upon completion your contract.
4.4 Airefare
Ø Up to ￥9000 international travel airfare reimbursed on 12 month contract at the end of contract.
Ø Up to ￥6000 international travel airfare reimbursed on 10 month contract at the end of contract.
Ø Up to ￥4000 international travel airfare reimbursed on 6 month contract at the end of contract.
Ø Less than 6 months will not get international airfare reimbursed.
Ø All airfare reimbursements are paid upon completion of your individual signed contract term. Failure to complete your contracted term will result in your airfare being forfeited. Any changes to this rule are at the discretion of the management.
4.5 Apartment
a. Provide suitable apartment style accommodation including cooking and western toilet facilities near the school of appointment.
b. The employee MUST pay a security deposit (￥1000.00 which can be deducted from wages over the first 2 months.) The deposit will be returned upon inspection of property at the end of the contract. In the event that an apartment is left in an unsatisfactory state the deposit is forfeited, any damages that exceed the deposit amount will be the responsibility if the employee.
c. The employee is responsible for all bills to include gas, water, heating, electricity, cable, telephone, internet access and housing management fee (once a month or every 3 months).A School representative will assist with the initial paying of these bills. Interest will be charged by the Housing Management Office where they live if he / she pay the bills late.
d. All the apartments have 2 bedrooms and single persons will be expected to share with another teacher. In the event that a person wishes to live alone a single persons supplement will be deducted from their wages (approx ￥750.00 per month depends on the rent of the apartment.) If the Employee wishes to be responsible for finding and contracting his/her own accommodation in the city where the Employer is located up to ￥750.00 housing allowance will be paid monthly. If the employee would like to move out of the apartment which is offered by the employer for personal reasons 2 month notice must be given otherwise the housing allowance will not be paid till expiration of the apartment rented by the employer.
e. Couples will not share an apartment with the others. In this case the couples should both work in School, for foreign teachers only.
4.6 Personal Leave
a. Personal leave is acceptable providing you give 30 days notice to the school manager. A maximum of 5 days leave for a 5 day week and 6 days leave for a 6 day week is offered. This is not compulsory.
b. Failure to provide notice, or, more than the allocated days are taken you will forfeit your bonus. The airfare and housing allowance will be affected by personal leave.
c.. Relevant housing allowance will be deducted from his / her month salary and will be returned when the employee makes up the lessons missed in his / her personal leave. Pro rota amount of the airfare will be deducted unless the missing lessons were made up before the end of the contract or the missing days are made up at the end of the contract..
d. Compassionate leave entitlement of up to two weeks (14days inclusive) is given to all employees. You will not be paid for this leave
Article 5: HOURS OF DUTY
5.1 The normal hours of operation for a school week are between 4:30pm to 9:00pm, Tuesday to Friday. Teachers are required to work on weekends, as Saturday and Sunday are the Schools main operating days. Weekend operating hours are between 9am-9pm or 8am-8pm depending on the school. Teachers are expected to provide the required number of teaching hours and office/preparation hours as per their contracted number of days.
Ø All teachers are expected to arrive at their designated school at 4:30pm and leave upon completion of classes or when the school closed in week days, depending on individual schools working hours.(The arriving and leaving time can be changed by Daylight saving time in summer)
Ø All the teacher are expect to arrive at their designated school 1 hour before his / her first class and leave when he / she finished all his / her duties which given by the branch manager or his / her partner within the working hours on weekends. The teacher of last class of their branch timetable can be leave when the lesson finished.
Ø It is a teacher’s responsibility to work their required number of hours on all working day.
5.2 Punctuality:
School appreciates good punctuality. In the event of continued lateness the following conditions apply. In each contract period up to 5 times of lateness or early departure with reason will incur no penalty, more than 5 times of lateness or early departure will incur a forfeit as follows:
Ø Up to 10 minutes of bad punctuality will incur a ￥30.00 fine.
Ø Between 10- 30 minutes of bad punctuality will incur a ￥50.00 fine.
Ø Over 30 minutes of bad punctuality will incur a ￥100.00 fine.
Ø Being absent without leave will forfeit ￥500.00 per day.
Article 6: TEACHER CLASSROOM INVOLVEMENT
The employer expects that employees will be involved in the preparation of lessons and the delivery of such and attending to other matters associated with the teaching of English, as and when necessary. They may also be called upon to assist Chinese Speaking English Language Teachers (CT).
Employees will be asked to take part in activities such as singing, dancing and other forms of school activities as and when the curriculum requires. Any such requests should be complied with, within reasonable grounds.
The employee may also infrequently be required to undertake additional teaching or participate in promotional activities held by School. This may entail interviewing new staff, demonstrative classes and-or other activities in/out of class for the purpose of advertising.
Article 7: EXTRA CURRICULAR ACTIVITIES
Employees will not undertake to become involved in any teaching activities other than those required by the host school, or the employer, whether for reward or otherwise, without the written authority of the employer. Deviation from this term may result in revocation of all working and living permits and effective deportation.
Article 8: TERMINATION
Ø If for any reason either party to this agreement/contract desire that it be terminated, the party seeking such termination must provide forty-five (45) days written notice to the other party.
Ø This requirement does not affect the employer’s right to terminate the agreement/contract of the employee if behavioural conditions outlined in this agreement/contract are breached.
Ø If this contract is terminated for any reason, the employee must vacate the apartment provided by School within 5 days. The employee will pay for all housing costs up to the date of the apartment being vacated.
Article 9： RENEWAL OF CONTRACT AND HOLIDAY PERIODS
There are 9 national holidays during any given year. They are as follows:
Ø New Year’s day: The 1st of January. Off days can be included in the holiday break
Ø Winter school holidays: Three days are taken in January or February, dependant on the Chinese lunar New Year. Off days can be included in the holiday break.
Ø The May Day holidays: 1 day commence on 1st May each year. Off days can be included in the holiday break. All schools do not necessarily have the same length of holiday.
Ø National Day: Three days from the 1st of October are granted as school holidays. Off days can be included in the holiday break.
Ø December 25th: One day holiday for foreign teachers. Off days can be included.
Ø Hereinbefore national holidays are paid.
Ø If the government chooses to change the holiday dates the school will notify the employee, minimum 3 days, the employee will be expected to work as request.
Ø If any reason the employer offers any extra holiday, the employee will have the option to make up the missed classes with no change to his/her salary. If classes can not be made up your pay will be affected as per number of classes missed.
This agreement may be renewed and or updated under the same or renegotiated conditions for a nominated period if all parties agree.
The Employee and Employer hereby declare that they have read and understood the provisions of this contract, Amendments, Recognition of Notification and further agree to abide by such provisions. The signing parties shall each retain a copy of the contract.
___________________________________ _____________________
Mr. Date
Principal, Xi’an School
___________________
___ ___________________
Employee
Date
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If you are interested, please send your Necessary Documents such as resume,copies of degrees, passport and general photos to E-mail: HR@anesl.com
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