This contract on Employment of International Faculty is drafted and prepared in accordance with the “Labor Law of the People's Republic of China” and relevant laws and regulations. On the basis of equality, mutual understanding and agreement to the contractual terms, both Party A and Party B enter into this Contract on Employment of International Faculty. Both the Chinese and the English versions constitute the entire contract. Notarized by the Changchun Notary Public Office, the contract shall have the legal effect.
甲方Employer(Party A)
单位名称Name of Party A: Changchun This Training School
地址Address:
电话Tel:
传真Fax:
乙方Employed Foreign Experts or Professionals (Party B)
Based upon the Chinese government standard contract, both parties, in line with the principles of legality, fairness, equality, mutual agreement, honesty, and trust worthiness, on a voluntary basis, and in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter.
II.合同期自2011年月日期至2012 年月日止,乙方的工作岗位及任务见附件。
The term of this contract shall be fromto. Please see the job position and tasks assigned to Party B in the appendix.
III.合同期内,乙方的税后月薪为人民币 8000元。其他有关待遇见附件。
During the period of the contract, Party B’s monthly salary shall be RMB 8000 (after tax). Please see the appendix for terms and conditions on other remunerations and benefits concerned.
IV.甲方的义务:
Party A’s Obligations:
1.向乙方介绍中国有关法律、法规和甲方有关工作制度,以及有关外国专家的管理规定。
Party A shall inform Party B of relevant laws and regulations of the People’s Republic of China as well as any institutional and administrative stipulations concerned with Party B’s employment.
2.对乙方的工作进行指导、检查和评估。
Party A shall conduct regular supervision, inspection and review of Party B’s working performance.
3.向乙方提供必要的工作和生活条件。(详见附件)
Party A shall provide Party B with necessary working and living conditions. (see the appendix)
4.按时支付乙方的报酬。
Party A shall pay Party B’s salary on time.
5.甲方应为乙方办理医疗和意外保险。(详见附件)
Party A shall apply for the health and accident insurance for Party B. (See the appendix)
Party A shall apply for /or renew the extension of the Foreign Expert Certificate and resident permit for Party B. Party A shall be responsible for keeping the Foreign Expert Certificate which is done for Party B. According to the regulations of the Chinese Government, Foreign Expert Certificates need to be returned back to the government when the contract is terminated.
V.乙方的义务:
Party B’s Obligations:
1.遵守中国的法律、法规,不干预中国的内部事务。
Party B shall observe relevant laws and regulations of the People’s Republic of China and shall not interfere in China’s internal affairs.
Party B shall observe any government institutional and administrative stipulations concerned with their employment, and shall be subject to Party A’s arrangements, supervision, inspection and review of his/her working performance. Without Party A’s consent, Party B shall not conduct any part-time job with any other party.
3.按期完成工作任务,保证工作质量。
Party B shall fulfill the tasks assigned to him/her with high standards within the prescribed timeframe.
4.尊重中国的宗教政策。不从事与身份不符的活动。
Party B shall respect China’s religious policies, and shall not conduct any religious activities incompatible with his/her status as a foreign expert.
5.尊重中国人民的道德规范和风俗习惯。
Party B shall respect Chinese people’s ethics and customs.
VI.合同的变更、解除和终止:
Revision, Cancellation and Termination of the Contract:
双方应信守合同,未经双方一致同意,任何一方不得擅自变更、解除和终止合同。
Both parties shall abide by the contract and shall refrain from revising, canceling, or terminating the contract without mutual consent.
1.合同的变更。经当事人双方协商同意后,可以变更。在未达成一致意见前,仍应当严格履行合同。
Revision of the contract. This contract can be revised with mutual consent. Before both parties have reached an agreement, the contract shall be strictly observed.
1)甲方在下述条件下,有权以书面形式通知乙方解除合同:
Under the following conditions, Party A shall have the right to inform Party B in writing of the cancellation of this contract:
a.乙方不履行合同或者履行合同义务不符合约定条件,经甲方指出后,仍不改正的;
Party B fails to fulfill this contract or the obligations and agreed conditions as herein stipulated, and fails to amend his/her actions after Party A has pointed it out;
b.根据医生诊断,乙方在病假连续30天后不能恢复正常工作的。
If on the basis of a physician’s diagnosis, Party B fails to resume normal work after a sick leave period of 30 days in succession.
(2) 乙方在下述情况下,有权以书面形式通知甲方解除合同:
Party B has the right to inform Party A in writing of the cancellation of this contract under the following conditions:
a. 甲方未按合同约定提供乙方必要的工作和生活条件(见附件), 并因此而严重影响乙方履约;
Party A fails to provide Party B with necessary working and living conditions as stipulated in this contract(see the appendix),so that Party B cannot fulfill the contract;
b. 甲方未按时支付乙方报酬。
Party A fails to pay Party B on time.
(3) In case either party asks to terminate this contract, they shall give a 30 days notice to the other party in writing, and the contract shall only be terminated after those 30 days.
当事人一方要求解除合同,应提前30天以书面形式向另一方提出,30天以后方可解除合同。
(4) This contract can be terminated upon mutual agreement by both parties.
双方协商一致,可以解除合同。
2. 合同的终止
Termination of the contract.
(1) 合同于201*年月日到期。
This contract expires on 201*.
(2) 经当事人双方协商同意后,也可以终止该合同。在未达成一致意见前,仍应当严格履行合同。
This contract may be terminated with the mutual consent of both parties, and it shall be strictly observed until both parties reach an agreement otherwise.
If Party B early terminates the contract for reasons not being of Party A’s cause, Party B will not receive the benefits or entitlements regulated in this contract. And Party A keeps the right to cancel Party B’s resident permit which is done by Party A.
4. 遇有不可抗力事由,双方协商解决。
When the contract has to be terminated due to any force majeure, a negotiated settlement needs to be made by both parties.
VII.违约责任
Breach of the contract
1.如乙方圆满完成合同,且未发生违约情形,在合同到期之日,甲方将依票据返还所有应报销费用;
If the contract is fulfilled without any breach of the contract, all moneys held by Party A will be reimbursed to Party B when the contract is completed;
2.如因乙方原因而导致此合同提前终止、解除,则应报销费用将作为违约赔偿,不予返还;
If the contract is terminated early by Party B at no fault of Party A all moneys held by Party A as deposits will not be reimbursed to Party B;
3.如因甲方责任而提前终止合同,则应报销费用将依票据返还。
If the contract is terminated early by Party A at no fault of Party B, all moneys including deposits held by Party A will be reimbursed to Party B.
*甲方保留收据和押金记录。
* Party A will keep all records of receipts and deposits.
This contract shall take effect upon being signed by both parties and shall be automatically terminated upon expiration. When either party requires a renewed contract, they shall forward their request to the other party 30days prior to the expiration of this contract, and both parties shall sign the new contract through consultations and mutual consent.
Any dispute in connection with this contract should be settled between both parties concerned through friendly consultation. In case no settlement can be reached through consultations or intermediation, both parties shall submit the said dispute for arbitration with the local labor arbitration system/authority. In case either party refuses to accept the arbitration award, it may bring an action before the people’s court.
合同未尽事宜,由双方另行协商解决,并签署补充协议。
Any other issues that are not mentioned in this contract will be negotiated with both parties and a supplementary agreement should be signed.
本合同附件为合同不可分割的组成部分,与合同具有同等法律效力。
The appendix of this contract forms an indispensable part of this contract and shall have the same legal effect with the text of this contract.
This contract is signed by both parties at(location) on this (date).This contract is bilingual. Every effort has been made for accurate and fair translations, both versions shall have equal standing in relation to this contract.
The working time is 25 hours per week of which no hours is office time. This is to be shared in six days per week. If he/she teaches more than 25 hours, he/she will get extra pay of 80RMB/ hour. The rest time will be any day from Monday to Friday, not at weekend.
2. 每月基本工资人民币8000元(税后)。
The total monthly remuneration of RMB8000 (after tax) will be paid monthly, which is a base salary.
3 每月的1号至最后一天结算工资,发放时间为下月的15日.
The salary is to be calculated from the 1st day to the last day of each month. The salary is to be paid on 15th of the following month.
4当合同结束时,当月工资及应得津贴应在合同结束日予以支付。
When the contract is completed, the final monthly remuneration and entitlements will be paid at the final day of the contract.
II. 乙方工作任务:
Party B’s duties:
1.依照教学部要求履行ESL教师工作职责。
Party B shall carry out the responsibilities and duties on time as an ESL Teacher, with the quality and quantity specified by the teaching department, as perAppendix 1.1
2服从教学考核及学校的其他规章制度和安排。
Party B should obey the teaching evaluation and other rule and regulation of school.
III. 福利:
Benefits
1. 校方根据当地政策规定应该给予雇员购买商业保险,包括医疗保险和意外伤害保险
The Employer shall buy the commercial insurance for the employee, which covers medical insurance and accident insurancein accordance with the local regulation.
2.休假:甲方为乙方提供以下假期,但无工资。
Holidays: Party A offers Party B the no-paid leaves as follows:
(1) 按照甲方的休假制度,即中国法定节假日
Employees under national Chinese law are entitled to the following holidays.
1)新年(1天)New year(1day)
2)春节(3天)Spring Festival(3 days)
3)元宵节(1天)Lantern Festival(1 day)
4)清明节(1天)Tomb-Sweeping Day(1day)
5)五一劳动节(1天)Labor Day(1day)
6)端午节(1天)Dragon Boat Festival(1day)
7)国庆节&中秋节(4天)National day & Mid-Autumn Day(4days)
具体放假时间将视教学部工作需要以及工作安排而定。
These will be adjusted based on teaching department needs and scheduling.
例如:2009年春节假期实际为7天。
Eg. Spring festival of 2009 is 7 days off not the regulated 3 days.
(2) 考虑到西方风俗习惯,甲方将给乙方1天的带薪假期,即12月25日,圣诞节。
For western observations, Party A will give Party B a paid holiday for Christmas Day on Dec. 25th (1day)
(3) 遇特殊情况,甲方将根据中华人民共和国劳动法给乙方如下假期:婚假、丧假和产假。
Party A will also give Party B the following leaves for some special cases (based on the Labor Law of the People's Republic of China): Marriage Leave, Funeral Leave, maternity leave
As Party B has worked for Party A for two years with good performance in his job, within the duration of the contract, Party A will renew the extension of the Foreign Expert Certificate and resident permit for Party B and pay the cost.
4.甲方每年将补贴每位完成合同的老师最高500元的国内行李运输费
Party A will reimburse a teacher who has completed the contract up to 500RMB per year for the cost of domestic luggage shipping.
5.合同完成后,甲方将奖励老师1000元人民币。
After the completion of the contract,Party A will pay the teacher 1000RMB as the contract completion bonus.
IV. 工作及生活条件
Work and living Conditions
1.住宿
Apartment
每个单身老师或者夫妻或者家庭将被安排在一个单独的公寓中。
Each single teacher or married couple or family will be housed in an individual
apartment.
乙方住在甲方提供的宿舍,家具 (见上一年的物品清单)。乙方离开时,应以良好状态交还甲方。
Party B lives in the apartment with the same furniture (please refer to the property list done last year) last year offered by Party A last year. When Party B moves out, Party B should return all the furniture and appliances to Party A without damages or breakage.
乙方入住宿舍后,清洁工作应由乙方自己承担。
Since moving into the apartment supplied by Party A, Party B shall be responsible for the cleaning.
The temperature inside of the apartment will be matched with the local heating standard. When the temperature gets lower, the employee may apply for a regular heating check in the apartment. After that, if the temperature is still lower than the standard temperature, Party A will supply an electric radiator to Party B’s apartment.
During the period of the contract, the cost for water, electricity, gas, ADSL, repairs, any replacement or renewal caused by wear and tear and the cost (including taxi fee etc.) caused by Party B’s urgent request outside of Party A’s working time 10pm-10am, will be at Party B’s expense, which will be taken from Party B’s salary with the bills or Party B pays in cash.
If the devices or appliances in the work area supplied by Party A are damaged due to Party B’s improper operation, Party B has to pay the corresponding compensation in cash, or the compensation can be deducted from Party B’s salary.
乙方正常上下班往返的交通费用由乙方本人承担。
Party B’s transportation costs to his regular place of employment are at his own cost.
3.办公室
Office
甲方将提供固定的办公区域和教学地点,具体办公设备的使用依照教学部实际情况而定。
Party A shall supply Party B an office and working area in accordance with the request of the teaching department.
If Party B needs to use the Foreign Expert Certificate, Party B can put forward an application to Party A by filling an application form. Party A shall give out the certificate to Party B within two working days. Party B shall return it back on time.
When the contract terminates, Party B shall return back Party A’s belongings in a good condition, including work supplies, teaching materials, teaching tools and living supplies and furniture. If any damage or loss (normal wear and tear are not regarded as damages) happens Party B shall pay compensation. Any unpaid cost in the above clause ‘Expenses’ shall be paid in cash. Or Party A can take the payment out Party B’s salary, or the deposit money if the cash payment doesn’t work.
合同完全终止后,乙方达到甲方合同要求的条款,甲方将解除与乙方的合同关系并出具推荐信。
When this contract expires and all of the conditions of this contract are met by Party B, Party A will release Party B from all obligations and issue a letter of recommendation to that effect.
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