Sample Contract
CONTRACT
1. Party A This College wishes to engage the service of Party B . The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
3. The duties of Party B
In the light of teaching requirement and in accordance with specific faculty conditions, Party A will define Party B's teaching tasks and requirements in consultation with Party B.
4. Party B's monthly salary will be 5000 Yuan RMB. The salary of the July in 2010 and January in 2011 is 3000 Yuan RMB respectively, because the school closes at the middle of that month. The summer vacation (August) salary will be 3000 Yuan RMB. If Party B continues to work here from next March , 2011, Party A will pay Party B 3000 Yuan RMB in the next February in 2011. The work of Party B is agreed to be as follows: having 20 teaching periods per week, teaching English, mainly oral English, newspaper reading, writing and western culture.
5. Party B will receive a travel allowance of 1000 Yuan RMB in the summer and winter vacation respectively. It will be paid in January and July for two vacations, based on the service of two semesters. For international air fare and train tickets from Beijing to Baotou and Baotou to Beijing Party A will pay Party B a total of 6600 Yuan RMB at the end of Party B service at one time.
6. Party A's Obligations
a. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, Party A's work system and regulations concerning administration of foreign teachers.
b. Party A shall conduct direction, supervision and evaluation of Party B's work. Party A shall provide Party B necessary working and living conditions including an apartment of about 60 square meters which will be furnished and equipped.
c. Party A shall pay party B's salary regularly during the period of the 20th to the 26th of each month.
7. Party B's Obligations
a. Party B shall observe the laws; decrees relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
b. Party B shall observe Party A's work system and regulations concerning administration of foreign teachers and shall accept Party A's arrangement direction, supervision and evaluation in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
c. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
d. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of a teacher.
e. Party B shall respect the Chinese people's moral standard and customs.
8. Revision, Cancellation and Termination of the Contract
A. Both parties should abide by the contract and should regain from revising, canceling, or terminating the contract without mutual consent.
B. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
C. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
a. Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after party A has pointed it out.
b. According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30-day sick leave.
D. Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
a. Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
b. Party A has not paid party B as scheduled.
9. Medical Care,
A. All the Foreign teachers should go to the relevant hospitals appointed by Party A to take physical examinations at the beginning of their service periods. The expenses of the examinations will be on Party A.
B. It is recommended that foreign teachers return to their own countries for major healthy problems.
C. For other medical cases, Party B must purchase international medical insurance by himself/herself in his/her own country.
D. Party A will provide medical insurance inside China for Party B .The medical insurance money will be about 200 Yuan RMB. In the service period, Party A will not pay any extra money if Party B becomes ill.
10. Others,
A. The water, power, and TV for each foreign teacher is about 400Yuan in all per month. Party A will cover this monthly 400 Yuan RMB. Party B will pay the expenses, if Party B consumes more than 400 Yuan RMB for water, power and TV service. However, the monthly telephone bill (include Internet) of each foreign teacher is requested to be lower than100 Yuan RMB, or the over part of the bill will be on Party B.
B. For Internet use, Party A will provide Party B with the set of computer system in each furnished apartment. The Internet service charge will be on Party B.
C. Should family members visit or accompany Party B; Party B must assume responsibility for all things related to matters pertaining to family members including all expenses, medical care, educational tuitions, etc. in China.
D. Party B should pay monthly 100 Yuan RMB for extra use of furniture and housing maintenance if Party B 's accompanying family members are not employed teachers of Party A. Party A will discount these fees from Party B’s salary monthly.
E. If Party B is absent, in one semester, altogether for a period greater than 3 hours because of his or her illness, Party A will discount from Party B's salary an amount of 70Yuan RMB for each absent hour. If Party B can make up the absent hours, the discounted money will be repaid to Party B. Party B should report to Party A in advance all the details of the schedule for making up the absent classes.
F. Party B should keep the furniture, appliances and facilities in a condition acceptable to Party A in his/her own apartment. Party A will inspect the apartment condition regularly and especially by the end of the service period. In case of damage, Party B should pay for it.
G. For your own good, we hereby suggest you get in touch with strangers and make friends with great discretion. Without PARTY A’s authorization, you are kindly requested not to live outside or provide your accommodations for any people other than your own family members in any case. You are kindly requested not too often to go to the bar and not to come back very late in the night.
H. Before Party B leaves the university, Party B needs to clean the apartment and facilities, and then get Permit of Departure ready.
11. Breach penalty
When either of the two parties fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract; it must pay a breach penalty of US$500 to US$2000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain party A's consent and pay its own return expenses, if Party B cancels the contract without valid reason it would pay its own return expenses and pay a breach penalty of 5000—8000Yuan RMB to Party A.
If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; If Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.
12. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either or the two parties asks for new contract, it should forward its request to another party 90 days prior of the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the contract expires.
13. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert's affairs in State Bureau of Foreign Experts and ask for a final arbitration.
This Contract is signed at ............., China, in duplicate, the day 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