CONTRACT
Ⅰ. Party A This College wishes to engage the service of Party B as an English Teacher . The parties freely agree to sign this contract and to conscientiously fulfill all obligations contained in it.
Ⅱ. The period of service will be from the 12th day of September 2008 to the 12th day of July , 2009 .
Ⅲ.The duties of Party B shall be: 18periods per week (45 minutes per period ). (see attached pages)
Ⅳ. Party B will be paid a monthly salary of ¥ 4500 RMB, 70 % of which can be converted into foreign currency monthly.
Ⅴ. Party A’s Obligations
1. Party A will inform Party B of the laws, decrees and relevant regulations enacted by the Chinese government and Party A’s work system and regulations as they pertain to foreign experts.
2. Party A shall direct, supervise and evaluate the performance of Party B.
3. Party A shall provide Party B necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B the agreed salary on a regular monthly basis.
Ⅵ. Party B’s Obligations
1. Party B agrees to observe the laws, decrees and relevant regulations enacted by the Chinese government and will not attempt to interfere in China’s internal affairs.
2. Party B shall observe Party A’s work system and regulations concerning foreign experts and shall accept Party A’s direction, supervision, and evaluation of their work. Party B shall not accept employment or hold concurrently any post unrelated to the work agreed upon in the contract, without the consent of Party A.
3. Party B agrees to complete assigned tasks on schedule, and guarantees the quality of the work.
4. Party B shall respect China’s religious policy and shall not conduct religious activities incompatible with the status of foreign expert.
5. Party B shall respect the Chinese people’s moral standards and customs.
Ⅶ. Revision, Cancellation and Termination of the Contract
1. Both parties must abide by the contract and refrain from revising, canceling, or terminating the contract without mutual agreement.
2. The contract may be revised, canceled or terminated by just cause or by mutual consent. Until both parties reach an agreement, the contract must be strictly observed.
3. Party A has the right to terminate the contract with written notice to Party B under the following conditions:
(1) Party B fails to fulfill the contract obligations according to the stipulated terms or fails to follow Party A’s direction and supervision of Party B’s work.
(2) Party B cannot resume normal teaching duties following a sick leave of 20 teaching days or a doctor fails to clear Party B to resume these duties.
4. Party B has the right to cancel the contract with written notice to Party A under the following conditions:
(1)Party A has not provided Party B with necessary working and living conditions stipulated in the contract.
(2) Party A fails to pay Party B as scheduled.
Ⅷ. Breach of Contract Penalty
If either party fails to fulfill the terms of the contract or breaks the contract, They agree to pay a breach of contract penalty of US $500 to 2,000 (or the equivalent in RMB).
If Party B requests a cancellation of the contract due to circumstances beyond their control, they must produce certificate from the concerned department, obtain Party A’s consent, and pay their own return expenses; if Party B cancels the contract without valid reason, they must pay their own return expenses and a breach of contract penalty to Party A.
If Party A requests a cancellation of the contract due to reasons beyond their control, with the consent of Party B, they must pay Party B’s return expenses; if Party A cancels the contract without valid reason, they must pay Party B’s return expenses and a breach of contract penalty to Party B.
Ⅸ. The appendix of this contract is an inseparable and binding part of the contract and has equal effect.
Ⅹ. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either party requests a new contract, they must give 90 days notice prior to the expiration of the old contract and sign the new contract with mutual consent.
Party B agrees to bear all expenses when staying on after the expiration of the contract.
Ⅺ. Arbitration
The two parties shall consult with each other and agree to negotiate all disputes arising from the contract. If negotiations fail, the two parties can appeal to the organization of arbitration for foreign experts affairs at the State Bureau of Foreign Experts and request a final and binding arbitration.
This Contract is signed at Lianyungang , in duplicate, this day of 20 , in the Chinese and English languages, both texts are equally authentic and binding.
Appendix
Ⅰ. Salary
Salary is to be paid to the teacher according to the workload of each contracted month. Salary is based on the teacher’s qualifications, educational and professional background and the work assigned to them. Monthly salary levels are as follows:
A Bachelor’s Degree with over 3 years teaching experience: not less than 4,000 yuan RMB.
A Master’s Degree with over 5 years teaching experience: not less than 5,000 yuan RMB.
A Professor or associate professor in an institute of higher learning with a Ph.D: not less than 5,500 yuan RMB.
Ⅱ. Party B agrees to set and correct an amount of work for each class each week, consistent with good teaching practice and with achieving the aims of the syllabus provided by the Director of teaching of Party A. Party B’s specific teaching duties will be arranged by Party A. Total teaching hours will not exceed 20 hours per week. These hours may be altered only after negotiation with Party B. If extra work be required, Party A must reach an agreement with Party B in advance of these duties being assigned and pay Party B for the extra time. Party B agrees to abide by Party A’s academic assessment. Any non-teaching activities must be explained to Party B and Party B must be given prior notice of these activities.
Ⅲ. Party B on a one-year contract or remaining at the same institution for two academic semesters, will be provided with an economy-class, international, shortest rout return ticket (no more than 8,000 RMB). For a contract of half a year, Party B will be provided with half of the cost of an economy-class, international, shortest rout return ticket (no more than 4,000 RMB). The air ticket refund will be given to Party B at the end of each semester after Party B shows the invoice of the air ticket. A college car is available to Party B for private use (given sufficient notice) but all expenses for the use of the vehicle must be born by Party B.
Ⅳ. During the period of contract, Party A shall provide Party B with:
1. Housing, as follows:
(1) Bachelor’s or Master’s Degree: a one bed-sitting room, one living room, one bathroom.
(2) Professor or associate professor or with a Ph.D: one bedroom, one living room, one kitchen, one bathroom.
(3) A couple (both teachers) or two foreign teachers prepared to share a flat: two bedrooms, one living room, one bathroom and one kitchen.
(4) Party A agrees to provide necessary furnishings: refrigerator, TV, telephone, computer (with free internet access), air conditioners, washing machine, water heater, water purifier, cooking facilities and bedding, electricity, water. Party B must comply with the hotel rules of the International Experts Building and pay their own telephone and gas bill to the front desk monthly.
(5) Any damage to the accommodations provided must be covered by Party B.
(6) Party B may stay on in the accommodation for a period of up to 10 days after the expiration of the contract. If he / she wants to stay on for more than 10 days, he / she should pay his/ her own accommodation.
(7) Party A will arrange for the residency permit and foreign expert card within 30 days of the arrival of The Teacher. These will be provided free of charge.
(8) Party A will arrange for a foreign affairs officer or an experienced teacher to help and work with the foreign teacher to facilitate good relationships and communication between The College and The Teacher and to answer any questions posed by The Teacher.
2. Medical treatment and examination
(1) Party B is responsible for the cost of any physical examination completed prior to coming to China. Party A is responsible for the cost of any second examination of the teacher, should it be required after their arrival in China. Party B must provide Party A the original results of any physical examination.
(2) If Party B has no medical insurance, Party A will help them to apply for coverage in China. The expense of the application and insurance should be covered by Party B.
(3) Party B on a one-year contract is entitled to free treatment at Party A’s medical clinic. If Party B wishes treatment in a hospital outside the college, Party A will cover an amount, no more than 1,000 RMB Any amount in excess of 1,000 RMB, including the cost of medicine, must be paid for by Party B. Party B agrees to receive medical treatment in the hospital for foreigners appointed by Party A otherwise expenses must be covered by Party B. Party B must pay for registration, transportation for medical care, tooth inlaying, face lifts, massage, glasses, meals in hospital, tonics(not for medical purposes and doctor’s house calls.
(4) Medical expenses incurred in Taiwan, Hong Kong, Macao and outside of China even during the contract period must be paid by Party B.
Ⅴ.Traveling
A travel stipend of 1,100 RMB will be paid by Party A to Party B upon the completion of each complete semester of teaching.
Ⅵ. Sick leave
Party A has the right to request a doctor’s certificate from Party B before granting paid sick leave. Party B may accumulate a total of 20 days sick leave per year. Full pay for these days will be granted by Party A. If the sick leaves exceed 20 days Party A has the right to terminate Party B’s contract. If Party A chooses not to terminate the contract, Party B shall receive 50% of their salary for up to a further 20 days at which time Party B must be able to resume their normal teaching duties.
Ⅶ. Personal Leave
Personal leave will not be paid by Party A. Party B may request personal leave for up to an accumulated total of 7 days during the term of Party A’s contract. Party A will consider such requests on an individual basis and may see fit to grant them. Unauthorized or extended personal leave constitutes grounds for termination of the contract and the imposing of penalties stipulated in the contract.
Party A Party B
(Signature) (Signature) |