Foreign Teacher Contract
Employer (Party A)
Name of the Employer:
Legal Representative:
Agent ad litem:
Address:
Tel:
Fax:
Employed Foreign Expert or Professional (Party B)
Name:
Sex:
Date of Birth:
Nationality:
ID Number:
Overseas Address:
Tel:
Fax:
I. Both parties, in line with the principles of legality, fairness, equality, mutual agreement, honesty, and trustworthiness, 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. Work Requirements of Party B
1. Degree: BA or higher
2. Language: Party B should be a native English speaker.
3. Experience: At least has two years teaching in university, or, adult training in TOEFL or IELTS (or equivalent) in an official training organization in mainland China.
4. Health: Party B should be of good health with all body parts functioning properly and normal.
5. Age: Not to exceed 55 years old. If the body is of exceptional health, up to 60 years of age may be considered.
6. Other: Party B shall not have any addictions, such as alcohol, etc.
7. Party B shall observe the laws, decrees and college management and regulations. Party B shall respect China's religious policies and shall respect Chinese people's ethics and customs.
8. Party B 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 assigned by any other party.
III. Duties of Party B
1. The duties of party B are mainly teaching and training, 20 teaching hours per week (40 minutes/teaching hour).
2. Party B shall take part in English teaching and research activities in the English department, assign and correct students' homework, give out and go over examination papers, organize extracurricular activities for students when required. Party B shall also do other jobs concerning teaching and learning assigned by party A at Party B's consent.
IV. The period of service will be from September 1, 2010 to June 30, 2011.
V. Treatment
1. Party B's monthly probationary period salary will be 6,000RMB, before taxes (prorated if actual work period is less than one month).
After the probation period (see part VI), an evaluation will be performed, and depending on the outcome, the monthly salary will be raised to 7,000RMB.
No salary during summer and winter vacation periods, however, a life support benefit of 3,000RMB (prorated) will be given during these periods. Party A shall pay Party B's salary at the end of each month.
2. 80RMB will be paid for each teaching hour in excess of 20 teaching hours per week.
3. Other treatment:
(1). Provide an apartment on campus, equipped with a bathroom, furniture, bedroom, kitchen, air-conditioner, computer, washing machine.
(2). Party A shall provide accident and medical insurance.
(3). Party A shall provide and pay the base fee for the apartment telephone and Internet service. Party B to pay for all excess fees.
(4). Party A will offer a round-trip air/train ticket. (the maximum amount of this one-way ticket not to exceed 4,000 RMB) If either party cancels or terminates the contract during the probation period, Party A will not pay any ticket fare for Party B. A one way ticket will be paid at the beginning of semester 2 of the academic year, and the other half will be paid at the end of the contract period.
(5). Provided Water and Electricity: Water, 6 Tons / month. Electricity, 100 Kwh / month.
Usage in excess of these amounts to be paid by Party B.
(6). Party B has the right to enjoy the following Chinese holidays: New Year, Chinese New Year, Labor Day, National Day, Mid-Autumn Day and other holidays by China law. Please note: Teaching schedules may change during these holiday times, and teachers are expected to adjust their schedules accordingly.
VI. Sick and Absence Leave
1. Party B shall provide Party A with an original medical certificate if sick leave is required and needs to be taken. Party A shall pay 100 percent salary (with medical certificate) if the sick leave taken is no more than 10 days total during contract period. Party A reserves the right to cancel the contract if sick leave is more than 15 days total during the contract period. All medicines and medical treatment not covered by the insurance policy are the responsibility of Party B. Any sick leave taken without an approved medical certificate will be considered leave without permission (see below).
2. Party B shall obtain Party A's consent and permission for all leave of absence, which requires the proper form to be filled out and submitted at least 1 week prior to leave. Leave may not exceed a total of more than 3 days per approved instance. 1 day's salary will be deducted for each approved day taken – up to the 3 days. Two day's salary will be deducted for each extra unapproved day of leave taken exceeding this approved time. Leave can not be more than 15 days total during the contract period.
3. If Party B leaves work without Party A's consent, three day's salary will be deducted for each one day's absence. If unapproved absence occurs more than once, Party A reserves the right to terminate the contract immediately. Party B will then be required to pay all fees related to contract termination as allowed by Chinese law.
VI. Contract Probation Period
Party B's probation period is 60 days, during which time Party A has the right to cancel the contract if Party B's health or professional level is deemed unqualified for the tasks agreed in this contract. Any salary due at the time of cancellation will be paid prorated.
VII. Revision, Cancellation and Termination of the Contract:
Both parties shall abide by the contract and shall refrain from revising, canceling, or terminating the contract without mutual consent, unless otherwise stated.
1. 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.
2. Cancellation of the contract. This contract can be canceled with mutual consent, unless otherwise stated. Before both parties have reached an agreement, the contract shall be strictly observed.
(1) Under the following conditions, Party A shall have the right to inform Party B in writing of the cancellation of this contract:
a. 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. on the basis of the physician's diagnosis, Party B fails to resume normal work after a sick leave for a period of successive 15 days.
c. in case of non compliance of any paperwork required, or procedure needed, to continue with compliance with employment under Chinese law.
(2) Party B has the right to inform Party A in writing of the cancellation of this contract under the following conditions:
a. Party A fails to provide Party B with necessary working and living conditions as stipulated in this contract;
b. Party A fails to pay Party B as scheduled.
(3) In case either party asks to terminate this contract, it shall give notice to the other party in writing.
(4) This contract can be terminated upon mutual agreement by both parties.
3. Termination of the contract.
(1) This contract shall be terminated once it expires.
(2) This contract may be terminated with the mutual consent of both parties, unless otherwise stated, and it shall be strictly observed until both parties reach an agreement otherwise.
VIII. Breach Penalty
When either party fails to fulfill any part or all of the obligations as stipulated in this contract, that is, in the event of breach of the contract, the said party shall pay a breach penalty of US$3,000, or equivalent to 3 times Party B's monthly salary in RMB.
IX. This contract shall take effect upon being signed by both parties and shall be automatically terminated upon expiration. When either party requires signing a renewed contract, it shall forward its request to the other party 30 days prior to the expiration of this contract, and both parties shall sign the new contract through consultations and mutual consent.
Upon the expiration of this contract, Party B shall bear all the expense incurred during his/her own stay in China.
XI. Settlement to Dispute
Any dispute in connection with this contract shall be first of all settled between both parties concerned through friendly consultation. In case no settlement can be reached through consultation or intermediation, both parties shall submit the said dispute for arbitration with local personnel authorities, or the local labor arbitration system. In case either party refuses to accept the arbitration award, it may bring an action before the people's court.
This contract is sighed by both parties at _______________________________________ (location)
on this __________________ (date). This contract is in duplicate, each in both Chinese and English version, and both shall take effect upon being signed at the same time.
Party A: Party B:
(Signature) (Signature)
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 |
