A Brief Introcduction to This University
This University is located in Qinhuangdao city, which is on the east of Beijing, the capital of China. It takes two hours or more to get to the college from Beijing by bus. Qinhuangdao was listed as one of the fourteen coastal cities for further opening up to the rest of the world by the State Council in 1984. Qinhuangdao is a famous tourism city all over the China and the world. There are many unique natural sceneries here, such as the Great Wall, Summer Resort Beidaihe, Shanhaiguan (the First Pass Under the Heaven), Laolongtou (the origin of the Great Wall), Golden Beach. And the climate is very pleasant in Qinhuangdao.
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This University is a public college with the approval of Ministry of Education of China. She aims specially to train vocational teachers and high-grade vocational personnel with Bachelor’s Degree. In November 1998, the college was determined as one of the first key vocational education teachers training bases by the Ministry of Education. The college covers 800,000 square meters, of which the building floor areas are 300,000 square meters. The college contains over 11,000 full-time students and 1,100 teachers at the college, including 17 teaching departments with more than 50 specialties.
The Foreign Language department is responsible for the English teaching at college. By now, there have been 5 phonetics classrooms with 200 seats, and 10 multi-media classrooms.
All the teachers from the foreign countries are welcome. And the college will provide the excellent conditions for working and living. An apartment with bedroom, office, toilet, kitchen and some necessities such as color TV, air condition, washing machine, refrigerator, telephone and computer will be provided free for use.
You are warmly welcome to This University.
Appendix of Standard Contract
Between (HEB536) and Technology
And Foreign Teachers
合同附件:HEB536学院聘用外籍教师合同细则
(HEB536) (the employing party) wishes to engage the services of (the employed party) as an Italian Teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill all the obligations stipulated in it.
HEB536(聘方)希望聘请 (受聘方)为意大利语教师。双方本着友好合作的精神,自愿签订本合同,并且保证认真履行合同中所约定的各项义务。
The period of service will be from September 1, 2011, to July 16, 2012.
聘任期限为自 2011年 9 月 1 日起至 2012年 7月 16 日止。
There is a probation period of thirty days. During the probation period, the employing party has the right to terminate the contract if the employed party is not competent for the tasks provided in the contract or for health reasons.
受聘方的试用期为30天。在试用期间内,聘方如发现受聘方健康状况或专业水平等不能胜任本聘用合同规定的任务,有权解除合同。
1 The employed party’s duties and obligations
受聘方的责任和义务
1.1 The employed party has to abide by the contract and its appendix signed by both parties. The employed party has to observe the rules and regulations of the employing party and follow the school officials’ instructions.
受聘方须遵守双方共同签订的合同以及附件。受聘方必须遵守聘方的规章制度,并服从学校的管理。
1.2 The teaching hours will be no more than 340 class periods in a semester. Working schedule is from Monday through Friday except for the legal holidays, on which the schedule will be rearranged according to the regulations of the university. Within the 340 class periods, the employed party must accept any teaching related assignments from the Foreign Language School of the employing party, including, but not limited to, judging speech contest, foreign language corners, etc. If any extra teaching work is needed, it must first be agreed to by the employed party and paid for by the employing party (70yuan RMB per class period).
每学期上课时数为不超过340课时。上课时间为除法定假期外的周一至周五,如遇假期,将按学校规定稍做调整。在340个课时内,受聘方必须接受外国语学院教学相关的任务,包括外语角、担任演讲比赛裁判等。受聘方若有额外教学任务,聘方应提前征得受聘方的同意,并支付超课时费(每课时70元人民币)。
1.3 The employed party’s teaching schedule shall be arranged by the Dean of the Foreign Language School before the start of each term. Once agreed upon, the employed party should carry out the teaching schedule. Any changes of the schedule should be approved by the Foreign Language School.
受聘教师课程由外国语学院在每学期开始前安排,一旦双方达成一致意见,受聘方就应执行教学计划。受聘方所希望做的任何变动都应当得到外国语学院的批准。
1.4 The employed party should set and grade examinations at the same time as his/her Chinese colleagues, and hand in all the teaching documents (including teaching plans and daily teaching contents on the electronic version).
受聘教师应该与她/他的中国同事一样负有出题考试和判卷的义务,并提交包括教学计划和每日教学内容电子版在内的所有教学文件。
1.5 The major responsibility of the employed party is to improve the listening, speaking, reading and writing ability of the students, and help them understand foreign cultures and customs. The Foreign Language School should provide the employed party with teaching materials or guidelines. The employed party has to search for part of the teaching materials and provide the Foreign Language School with written teaching plans of the lessons he/she gives during the contracted period.
受聘方的主要任务是提高学生的听、说、读、写能力,帮助他们了解外国的文化和风土人情。聘方外国语学院须向受聘方提供一定数量的教学材料或者教学指导。受聘方有义务向聘方提供合同期内每课时的书面教案,自行搜集一部分教学材料,并提供备份给聘方外国语学院。
1.6 If asked by the employing party, the employed party should participate in activities such as attending lectures or assisting with teaching research, and other student activities, such as Italian corners, parties, etc.
受聘方应该参加聘方外语教师的活动,如听课、教法研讨等;参加学生的外语活动,如外语角、联欢等。
1.7 The employed party is welcome to hold lectures on foreign cultures, customs, and teaching and learning methodologies.
欢迎受聘方组织关于外国的文化和风土人情、教法和学法等方面的专题讲座。
1.8 The employed party is subject to academic guidance and disciplinary assessment from relevant departments of the employing party, such as the Foreign Language School and Department of International Cooperation and Exchange (Foreign Expert Administration Office).
受聘方须接受聘方有关教学主管部门(如外国语学院和国际合作与交流处)的教学指导和纪律评估。
1.9 When the employed party completes the contract, he/she should return the expert certificate and cancel the password of his/her computer. If he/she wants to renew the contract, he/she must apply to the Foreign Language School and the Department of International Cooperation and Exchange one month ahead of time.
受聘方完成合同时,必须返还专家证、取消其计算机密码等。如果受聘方想续签合同,必须提前一个月向外国语学院和国际合作与交流处提出申请。
1.10 If the employed party wishes to travel outside of Qinhuangdao City (even on holidays), he/she should inform the university official at least two days beforehand and be responsible for his/her own security.
如果受聘方要到秦皇岛市之外去旅行,包括假期期间,他/她要事先通知学校 (提前两天),并且要对自己的安全负责。
1.11 Without permission, the employed party should not engage in activities irrelevant to the employing party’s work at the university, including but not limited to holding lectures or teaching outside the college without permission from the university. If the employed party breaks the rules, he/she will face disciplinary action (including termination of the contract) from the employing party.
未经聘方同意,在合同期间受聘方不得从事与聘方在校教学工作无关的活动。如:私自到校外进行教课、辅导、讲座等。如果违反,聘方将按违反合同进行处罚(处罚包含终止合同)。
1.12 The employed party has to follow the regulations and rules of the university,including the Regulations on Foreign Teachers’ Apartments. All guests invited by the employed party must leave the office room provided by the school before 10 p.m. and are not allowed to stay overnight without permission. The employed party should be back before 11 p.m. when he/she is out.
受聘方必须遵守学院的规章制度,包括外国教师宿舍管理条例,所有的来访客人必须在晚十点前离开,未经允许不准在房间过夜。受聘方外出时,必须在晚十一点前返回。
2 The employing party’s obligations
聘方义务
2.1 The employing party will introduce to the employed party the laws, decrees and relevant regulations enacted by the Chinese government, the employing party’s work and management system and regulations concerning the administration of foreign teachers.
聘方要向受聘方介绍中国政府的有关法律、法规和有关规定,以及聘方的工作、管理制度和有关外国专家管理规定。
2.2 The employing party will conduct direction, supervision and evaluation of the employed party’s work.
聘方要对受聘方的工作进行指导、检查、和评估。
2.3 Direct payment for the employed party
对受聘方的直接报酬
One-month salary is 4500 RMB, the salary will be paid monthly in RMB before the 5th of next calendar month from the second contracted month to the expiration of the contract. This includes any holidays stipulated by China’s laws and regulations (only in the contract periods), such as National Day, New Year Holiday, etc. If there is a holiday, the payment will be given one day before. If the employed party doesn’t work for a full month, the payment will be counted by day. (The one-day payment is one-thirtieth of the salary).
货币工资每月人民币4500元,工资以人民币支付,工资自第一个工作之日起至合同期满之日止,包括寒假或暑假和法定假日(合同期内),如:国庆节、元旦等,工资按月发放,月工资在下月的5号之前支付。如遇节假日,提前一天发放。工作不足一月,按日计发(日工资为月工资的三十分之一)。
2.4 Indirect payment
间接报酬(待遇)
1)The employing party shall provide the employed party the necessary working and living conditions. The accommodation provided by the employing party includes a bedroom with one bathroom with hot water, an air conditioner, central heating, and a TV set. An office will also be provided with a desk, a refrigerator, a computer, a microwave, a washing machine and some furniture. Payments for telephone calls and internet are the responsibility of the employed party. The employed party must take care of all the equipment carefully, lending or giving them to others is not allowed. The employed party should check everything before move in and sign the checklist of apartment equipment. If any equipment is damaged or lost or even don’t work, the employed party must pay for repairs or compensate the loss according to the buying price. The employed party is not allowed to move out or switch the facilities from the two rooms without permission.
聘方要向受聘方提供必要的工作与生活条件。聘方向受聘方免费提供的住宿条件包括带卫生间的二间房间。配备有家具和电视、冰箱、计算机、微波炉、洗衣机等家用电器。电话费及上网费受聘方自负。受聘方在入住前检查所有设备并在清单上签字。受聘方要妥善保管好所有的设备,不得转借转让,如果有损坏和丢失,要按照购入价格赔偿或者修护。受聘方未经允许,不得随在所提供的两间屋内意搬出或者交换物品。
2)If the employed party is on a one-year contract or remains working for the employing party for two academic semesters, a travel subsidy(including international air flight subsidy)of 8000 RMB will be given by the employing party at the completion of the contract. For a six (or less) month contract, the subsidy will be 4000 RMB.
受聘方合同期为一年或在聘方任教两个学期的,聘方将在合同期满时将付给受聘方8000人民币作为国际交通补贴(含国际机票补贴)。合同期为6个月以下的,给予国际交通补贴4000元。
3)The employing party is not responsible for the costs of the employed party’s work visa and any other traffic expenses.
聘方不负担外教来华的签证费及交通费.
4)The employing party will pick up the employed party at Beijing International Airport if it is the employed party’s first time to China.
聘方提供外教首次抵华后来我校的交通。
5)The employed party is responsible for the costs of any medical examination completed prior to coming to China. The employing party is responsible for the cost of any second examination for the employed party if requested after arrival in China. The employed party should provide original results/paperwork of any medical examination.
来华前的体检费由受聘方自理,若受聘方已在境外进行过体检,来华后被要求再次体检,聘方为其支付再次体检费。受聘方应该出示原始体检结果。
6)During the currency of the contract, a travel stipend of no more than 1,100yuan RMB will be given by the employing party to the employed party at the completion of each teaching semester if the employed party fulfills his/her responsibilities in accordance with teaching schedule and observes the employing party’s disciplines well. Either the teaching supervisor or the administrative supervisor has the right to decide whether to give or not to give the travel stipend.
合同期间内,每个学期结束时,聘方教学主管和行政主管将根据受聘方完成教学计划和遵守学校纪律的实际情况决定是否支付不高于1100元的旅游津贴费。
7)The employing party will have the residence permit and foreign expert card ready for the employed party within 30 days of his/her arrival. The employing party will pay for all the costs in getting these documents.
受聘方到校任职后的30天内,聘方免费为其办好居留证和专家证。聘方承担办理一切所需文件的费用。
8)The employed party shall have the same holidays as his/her Chinese colleagues, with an additional two days for the Christmas period. But whether the employed party should make up the missing lectures will be decided by the Foreign Language School.
受聘方享有和中国同事相同的假期。此外,受聘方还享有两天的圣诞节假期。但所缺的课程是否需要补上,由聘方的外国语学院决定。
2.5 Foreign affairs official and teaching supervisor.
外事主管和教学主管
1)The employing party will arrange an administrative official based at the foreign teacher’s apartment, and an experienced teacher to supervise and help the employed party to facilitate good communication and relations between both parties, and answer any reasonable requests raised by the employed party.
聘方安排一位行政主管和经验丰富的教学主管从事管理受聘方的工作。以便加强聘方和受聘方之间的沟通和联系,并解决聘方提出的合理要求。
2)The employed party has to follow the instructions of both the official and the teaching supervisor and respect their authority.
受聘方必须听从学校行政管理人员和教学管理人员的安排,并尊重他们的权威。
3) The employed party, coming from a different cultural background, should ask for suggestions from the school official and teaching supervisor about what is more proper to do in their working environment and daily life to avoid misunderstandings or troubles. When the school official or the teaching supervisor calls for a meeting, the employed party has to attend it.
由于来自不同的文化背景,受聘方应该向行政主管和教学主管就工作和生活上的问题征求意见,以避免发生误解和问题。受聘方受聘方必须参加行政主管和教学主管召开的会议。
3 Sick leave, personal leave and medical insurance
病假、事假及医疗保险
3.1 The employed party must obtain a medical certificate from a hospital when the employed party applies for sick leave.
受聘方请病假,须凭聘方指定的涉外医生证明。
3.2 The employed party has to notify the Foreign Language School for leave at least one day in advance. In the case of sudden extreme illness, two hours notice in advance is required. When the employed party goes back to work, he/she should discuss with the Foreign Language School about making up the missed lessons. During the period of the contract, if the employed party’s sick leave exceeds 30 days, or private affairs leave exceeds 10 days, the employing party has the right to terminate the contract with a written notice or pay 70% of the agreed salary to continue the contract. Personal leave on the part of the employed party shall be approved by the employing party. The employing party will deduct money from the salary by day.
受聘方请事(病)假应该至少提前一天通知聘方外国语学院。如果在突然生病的情况下,应该至少提前两个小时通知聘方外国语学院。当她/他返回工作时,应该及时与聘方外国语学院商定补课事宜。合同期内受聘方因病不能工作累计达30天或因事假不能工作累计10天者,聘方有权以书面形式通知受聘方解除合同,如聘方不解除合同,工资按70%发放。受聘方请事假须经聘方同意,聘方将按日扣发工资。
3.3 The employing party will buy medical and accident insurance for the employed party, including Critical Illness Insurance(amount insured:¥100000), Inpatient Benefits(cost cover up to ¥50000), Accidental Injuries(amount insured ¥ 200000), Outpatient Benefits( with 80% of the total cost and up to 5000). The cost exceeds the sum issued shall be borne by the employed party. Expenses for registration, transportation for medical care, tooth inlaying, face lifting, massage, glasses, meal in hospital, tonics not for medical purpose, and doctor’s house calls shall be covered by the employed party.
聘方为受聘方购买大病在内的医疗保险、意外伤害保险和门诊保险。大病保险保额是人民币100000元;住院保险保额人民币50000元,;意外保险保额人民币200000元;门诊急诊保障是按80%报销,人民币5000封顶。超过保额的部分由受聘方自行承担,受聘方的挂号、就医交通、镶牙、整容、保健按摩、配眼镜、住院用餐和服用非医疗性的滋补药品以及医生出诊等费用自理。
4 If the above rules are not adhered to or the employed party should have an accident inside or outside the school, the employing party will take no responsibility.
受聘方因私自违反各种规定及有关要求,造成意外事故,由受聘方自己负责,聘方不承担任何责任。
5 Breach Penalties
违约责任
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, it must pay a breach penalty of US $800 to 3,000 (or the equivalent in RMB).
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800—3000美元(或者相当数额的人民币)的违约金。
2). If the employed party asks to cancel the contract due to events beyond control, he/she should produce evidence to the employing party, obtain the employing party’s consent, and pay his/her own returns expenses.
如果受聘方因不可抗力事件要求解除合同,需要出示有关机构的证明,经聘方同意后,离华费用自理。
3). If the employed party cancels the contract without a valid reason, he/she should pay his/her own return expenses and pay a breach penalty to the employing party.
如果受聘方无故解除合同,除离华费用自理外,还应当向聘方支付违约金。
4). If the employing party cancels the contract without a convincing reason; it must pay the employed party’s return expenses and pay a breach penalty to the employed party.
如果聘方无故解除合同,聘方除负担受聘方离华费用之外,还应当向受聘方支付违约金。
5). Confirmation and change of any term of the appendix of the standard contract must be stipulated in writing, and must have been negotiated by both parties. Any oral agreement will be regarded as invalid. This appendix has equal validity of the standard contract and comprises an integral part of the contract.
本聘用合同各项条款的确定和变更均须由当事人双方协商,并以书面形式做出约定。任何口头协议均视为无效。本合同与国家标准聘用合同具有同等法律效力。
6. Settlement to Dispute.
合同争议解决方式
The two parties shall consult with each other and mediate any disputes that may arise about the contract. If all attempts fail, both parties shall submit the said dispute for arbitration system. In case either party refuses to accept the arbitration award, it may bring an action before the people’s court.
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,双方可以当地人事或者劳动仲裁机构申请仲裁。对仲裁结果不服的,可向人民法院提起诉讼。
7 This appendix of standard contract is signed at HEB536 in July 2011, in Chinese and English languages, in duplicate, and both texts being equally authentic. It will take effect after the two parties sign.
本合同附件于2011年7月在 HEB536 签订,一式两份,每份都用中文和英文写成,具有同等法律效力,双方认可后签字生效。
The employing party: The employed party:
(Signature) (Signature)
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