This University view
SAMPLE CONTRACT
Between
Party A: This University (referred as Party A thereafter)
And
Party B: Mr. /Ms._________________(referred as Party B thereafter)
Party A and Party B make the agreement having Party B as a foreign teacher of English. The two Parties, in a good faith of cooperation, agree to sign this contract.
The contract period time is from
Party B undertakes to the followings.
1. Work out a detailed plan for each semester.
2. Teach no more than twenty (20) academic hours per week for the training of listening, speaking, reading, and writing skills.
3. Evaluate student’s command of English at the beginning of the class in order to adapt the class to student’s level.
4. Find supporting ways and supplementary materials for class.
5. Give students homework and check out it, both regularly.
6. Set examinations in the middle and at the end of every semester respectively, filling in the test result form. After that, making evaluation report and suggestions about how to get further improvement of the class.
7. Report to the International Office (referred to as IO thereafter), the representative of Party A, in advance at least 4 hours about change of the class.
8. Pay bills of Party B’s apartment, including electricity, water, gas, fax, internet service as well as minor maintenance and consuming cost of daily life facilities.
9. Have Qingming Festival Holiday, Dragon Boat Holiday, the May Day Holiday, the National Day Holiday, New Year Holiday, Christmas Day(only Dec. 25 is valid).For a year period time of contract, have 4 weeks university vacation.
Party A undertakes to the followings.
10.Pay Party B monthly salary of five thousand and five hundred yuan Renminbi (¥6,500RMB), varying according to Party B’s college major, professional experience as well as professional performance in Party A. The payday is the day between 21stand 25th each month.
11. Pay Party B a round way air ticket from Party B’s hometown to Harbin for a year period of contract, a one way air ticket for half year period of contract either from Party B’s hometown to Harbin or vice versa. No more than three weeks after Party B’s arrival at Party A, should the IO reimburse Party B’s air ticket for any kind of cash which is available in local banks of Party A’s city. Supply free transportation of a round trip between Harbin airport and DQPI for fulfilling the contract.
12. If Party B remains in China after conclusion of the contract, pay U.S.$850 to Party B as air ticket compensation for a year period of contract; U.S.$450 for a half year period of contract.
13. Pay Party B two thousand and two hundred yuan Renminbi (¥2,200RMB) vacation allowance and eight hundred yuan (¥800RMB) additional subsidy for a year period of contract; for a half year period of contract, pay one thousand and one hundred yuan Renminbi (¥1,100RMB) vacation allowance as well four hundred yuan (¥400RMB) additional subsidy. Should these payments be fulfilled after the conclusion of this contract.
14. If Party B wants to take part in a tour arranged by Party A in group, Party A will pay the tour cost and not pay for the vacation allowance of Party B respectively.
15. Change 70% of Party B’s salary and vacation allowance into other currency, which is available in the local banks, under Party B’s request.
16. Provide Party B with telephone, personal computer in Party B’s apartment, fax machine at nearby location. Payment of using these facilities is as in clause 8 of this contract.
17. Accommodate Party B in Party A’s campus. Accommodation is free of rent with
basic furniture, heating, air conditioner, water heater, refrigerator, washing machine, kitchen with basic cooking utensils and tableware. Payment of minor maintenance and consuming cost of daily life facilities is as in clause 8 of this contract.
Health care and sickness leave
18.The policy’s duration is from the August 1st of this year to July 31st the next year.Life insurance cover against death from disease, and accident,highest coverage is RMB200,000.00 yuan;disabled from accident,highest coverage is accumulated RMB200,000.00 yuan; medical treatment from accident,highest coverage is accumulated RMB50,000.00 yuan; medical treatment from 20 serious diseases (identified by the life insurance company),highest coverage is accumulated RMB50,000.00yuan;inpatient medical treatment,highest coverage is accumulated RMB50,000.00 yuan;outpatient treatment,no coverage for the first RMB1,000.00 yuan, above that , 80% of medical treatment will be reimbursed by the life insurance company ,highest coverage is accumulated RMB5,000.00 yuan.The life insurance cover duration usually starts in this August, valid till the end of the next July, the total premium is RMB2,200 yuan,Party A and Party B will pay RMB1,100.00 yuan respectively. China Life Insurance Company is appointed as the life insurance company.
19.If Party B’s absent days from class caused by medical condition are more than accumulated 10 days for a year period of contract, 5 days for a half year period of contract, payment for out days will be 30%.There is no payment for absent days from work which are for private business. Absence from work without permission, out of emergence of medical condition, will result in deduction of Party B’s salary, for the most serious case, dismissal of this contract.
20.If Party B cannot continue to execute the contract due to medical condition, according to doctor’s assessment, Party A will terminate this contract and send Party B to his/her home town as soon as possible. According to the period of the contract Party B has fulfilled in Party A, the due proportion of transportation fee will be paid by Party A.
Appendix
21.The Appendix to this contract is an inseparable part of this contract and has equal effect.
22. Any form of employ contract with any other company or person during a period of this contract with Party A will result in dismissal of this contract.
23.If any body, including all departments of Party A, asks Party B to work for them at Party B’s spare time, no matter with payment or not, Party B has to discuss it in advance with IO of Party A. Otherwise, it will result in dismissal of this contract.
24.Neither side of the two parties terminates or changes this contract before its expiry without mutual consent. Neither Party, due to its own reason, wants to terminate this contract before it is expired. There must be a month notice, and if the termination is done the initiative party should pay a compensation of U.S. $500 to the other party.
25. A trial of a month applies at the conclusion of which Party B’s teaching will be evaluated. When the probation period ends, Party A shall have the right to decide whether to continue or terminate this contract according to result of evaluation.
26.In addition, Party B may be asked to participate in occasional after-class activities. This is not a contractual requirement. However students and teachers appreciate foreign teacher’s involvement from time to time.
27.Taking daily roll for the class. Warning the students that three times missing of class without permission will result in the dismissal of this class and examinations.
28.Party B should pay particular attention to his/her personal property. In case of loss, Party A will help report to the local police station and accommodate Party B’s living, but not take any responsibility of the loss.
29.It is Party B’s own responsibility to make sure that his/her passport and visa are valid. When Party B plans to go outside of China during a vacation, consults IO of Party A in advance at least a week.
30.Party B has to inform Party A in advance of his/her friend(s), relative(s) or family(s)’ visiting. With no register, no visitor(s) is allowed to stay in Party B’s. For short time visit, the visitor(s) should leave before 10:30 P.M. In case the visitor(s) stays overnight with Party B, a copy of the visitor’s ID has to be sent to the IO on the arrival. It is the IO’s responsibility to register the visitor(s) to the local police station. Since there is no registrar in the foreign teachers building, it is Party B’s responsibility to recognize if a visitor(s) is with Party B for short visit or staying overnight. If a confusion caused by Party B’s misrecognition, misreport, or no report to the IO, no matter with intention or not, happens, Party A reserves the right to ask the visitor(s) directly or via Party B for other personal files beside the ID and may contact the visitor(s)’ school, company, and employer, etc., and reserves the right to report to the local police station in case it is necessary. Party A has no intention to make tension, or to spy any one’s private business, only because Party A is concerned with the safety of Party B and its own property, also as a public school, Party A pays particular attention to its public image and social reputation.
31.The staff and students of This Institute are proud of the university’s standing and reputation in the community. Should the action of Party B in any way bring the university into disrepute or otherwise affect the good name of the university, Party B may be dismissed without notice. In case this happens, the compensation in item 25 of this contract is not valid. Conduct that may be considered grounds for dismissal include:
(1) breaking laws; in any form, for any size of audience, conducting religious activity is beyond a foreign English teacher’s responsibility, violates China’s religious law, hence it is strongly forbidden. As long as it is noticed, Party A reserves the right to terminate the contract with no notice and report Party B’s activity to the local police station.
(2) getting drunk during normal school hours, especially when Party B is scheduled to teacher on that day ;
(3) being intoxicated in class;
(4) taking drugs or other illegal substances;
(5) debasing or adulterating the teacher-student relationship;
(6) threatening, bullying or ridiculing students;
(7) physical assault;
(8) harassment or other threatening behavior towards staff or students of Party A;
(9) refusing to take responsible directions from superiors, notwithstanding the terms of this contract;
(10) theft or destruction of university property; and
(11)taking any other activity that a reasonable person would consider to be unbecoming of a teacher or a dereliction of the important responsibilities of a teacher.
32.Party B should observe the laws, decrees and relevant regulations enacted by Chinese government and local government as well as Party A’ system, shall not interfere in China’s internal affairs.
33.Party B should respect China’s religious policy and should not conduct religious activities in any form.Party B should respect Chinese people’s moral standards and customs. Party A realizes that our cultural differences leave considerable leeway for misunderstandings. We therefore ask that you request information about circumstances before making assumptions about the intent or motivation of your Chinese colleagues. On our part, the institute will commit to do likewise and will always seek mutual understanding and promotion of excellent professional relationship.
34.It is Party B’s responsibility to keep the apartment and public area clean, to notice possible damage to Party B’s apartment caused by Party B’s pets and pay attention to due uses of the apartment and all facilities with the apartment. Do not put nails or stickers on you apartment walls. Should this responsibility not be fulfilled and should be remedies available under this contract not satisfactorily resolve the problem, Party A may engage a contractor and deduct the costs from Party B’s salary.
35.Party B may not paint or change the color of the walls, windows, doors, floors, furniture or any thing else in your apartment.
36.While Party B is in the employ of Party A, Party B’s safety is the direct and significant responsibility of Party A. This responsibility is taken very seriously, weights on the institute and the institute’s designated staff and is not restricted to school hours. For this reason, it is vitally important that Party B advises Party A when Party B is leaving the campus overnight. This is not intended to nervous or restrictive but merely requested as a courtesy to the people who have given responsibility for Party B’s welfare.
37.Party B may not engage in any activity that is dangerous or injurious to your personal health or safety.
38.Party A asks Party B to pay attention to energy and water saving. Should keep the kitchen well ventilated to avoid noxious gas when you use gas. Should always switch off the gas when it is not in use. Use prudently all your stuff in your apartment.
39.This contract takes effect on the first day of the contract period and void automatically on the day of expiration of the contract.
40.Should any matter, which is not provided in this contract, arising during the contract period, the two parties should settle it down through consultation and negotiation.
41.This contract is written in both Chinese and English, both texts being equally valid.
Signed on in Daqing City
The representative of Party A (signature)
Party B (signature)
If you are interested, you could also send your resume,copies of degrees, passport and general photos to E-mail:HR@anesl.com |
