This Institute is located near the beautiful Tai Hu Lake, and it occupies an area of 860 Mu with a building area of 216,000 square meters. At present it has about 10,000 full-time students living and studying on campus and there are other 3,000 students in the city of Wuxi receiving part-time training at our institute every year.
Sample Contract
Employed Foreign Experts or Professionals (Party B)
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. The term of this contract shall be from October 5th, 2009 to July 5th, 2010, with the first month set as probation period.
III. Tasks assigned to Party B (see the appendix).
IV. Party B's monthly salary shall be RMB (before tax) for ten months (from September 2009 to June 2010), of which 70 % can be converted into foreign currency on a monthly basis. Please see the appendix for terms and conditions on other remunerations and benefits concerned.
V. Party A's Obligations:
1. Party A shall inform Party B of relevant laws and regulations of the People's Republic of China as well as any institutions and administrative stipulations concerned with Party B's employment as herein provided.
2. Party A shall conduct regular supervision, inspection and review of Party B's working performance.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall deploy fellow staff for Party B for coordination affairs.
5. Party A shall pay Party B's salary as scheduled.
VI. Party B's Obligations:
1. Party B shall observe relevant laws and regulations of the People's Republic of China and shall not interfere in China's internal affairs.
2. Party B shall observe any institutions and administrative stipulations concerned with its employment, and 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.
3. Party B shall fulfill the tasks assigned to him/her with high standards within the prescribed timeframe.
4. Party B shall respect China's religious policies, and shall not conduct any religious activities incompatible with his/her status as a foreign expert.
5. Party B shall respect Chinese people's ethics and customs.
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.
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. 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 30 days.
(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 a 30 day notice to the other party in writing, and the contract shall only be terminated after 30 days.
(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, 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$ 800 to US$3000 or equivalent to 3 to l0 times Party B's monthly salary in RMB. If both parties consider it necessary to determine an exact sum of the breach penalty, or to determine a breach penalty higher or lower than the above-mentioned amount, it shall be explicated in the appendix of this contract.
When Party B claims to cancel this contract due to force majeure, it shall produce certifying documents issued by competent authorities; after the contract is cancelled with Party A's consent, Party B shall bear the traveling expenses thus incurred; and when Party B fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in this contract.
When Party A claims to cancel this contract due to force majeure, and the contract is thus cancelled with Party B consent, it shall bear Party B's traveling expenses thus incurred; and when Party A fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred to Party B and pay the breach penalty to Party B as stipulated in this contract.
IX. The appendix of this contract forms an indispensable part of this contract and shall have the same legal effect with the text of this contract.
X. 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 expenses incurred during his 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 consultations 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 signed by both parties at This Institute on , 2009. This contract is in duplicate, each in both Chinese and English versions, and both shall take effect upon being signed at the same time.
Party A: Party B:
(Signature) (Signature)
Appendix: Appendix of the contract
Appendix of the contract
Name of the employee: I voluntarily sign this Appendix.
Position: Full-time Teacher (Hereinafter referred to as "Party B")
Name of the employer: This Institute (Hereinafter referred to as "Party A")
Validity Date: 2009
Expiry Date: 2010
I. The responsibility of Party B
1. Teach English courses assigned by Party A;
2. Make full preparation before teaching;
3. Assign, correct and mark students’ homework;
4. Participate in activities held by Party A (English corner).
II. Working time and holidays of Party B
1. Working time is 12 to 16 hours each week.
2. If Party A arranges for Party B to work overtime, Party B should be paid RMB 200 for each hour.
3. Party B has the right to take Chinese holidays as follows:
New Year’s Day, Spring Festival, National Labor Day, National Day and other holidays stipulated by national laws and regulations in China.
4. Party B has the right to take a 2-day Christmas holiday. (Party B shall make up for the classes of the above days.)
III. The amount of teaching hours
Party B shall teach 12 to 16 academic hours each week for the students of Party A in person (each academic hour equals 45 minutes), plus no more than 2 academic hours of English corner participation each week. Party A shall inform Party B of the time and the location of English corner on paper one week ahead of time, otherwise Party B has the right to refuse to attend the English corner. Party A and Party B shall agree on the time to be held for English Corner. There must be no more than 100 students for English corner per academic hour (consecutive period).
IV. Payday
The salary of the previous month shall be paid to party B on the 10th of each month.
V. Facilities and service provided free of charge for Party B by Party A
1. Free accommodation and working conditions on campus.
2. Party A shall be responsible for Party B’s application for residential permission, and cover the expenses thereof.
VI. Plane ticket
On a one-year contract base, Party A shall refund Party B’s round trip plane ticket (direct flight, economic class). The cost for the arriving ticket shall be paid within 30 days on Party B’s arrival, and the cost for the leaving ticket shall be paid 15 days before this contract expires.
VII. Allowance
The travel allowance is RMB 2,200 on a one-year contract base, which will be given to Party B before summer or winter vacation.
The medical allowance is RMB 1,000 on one-year contract base, which will be given to Party B before summer or winter vacation.
Allowance for the local transportation is RMB100 per month.
VIII. Asking for a leave
According to the diagnosis and approval given by Party A’s infirmary or any public hospital, Party B can ask for sick leave. During the period, Party B can get RMB 50 per day from Party A as subsidy, but there will be no salary during the period. If the sick leave period exceeds 30 days, according to the regulations of National Foreign Expert Bureau, Party A shall have the right to terminate the contract.
If Party B wants to apply for a private affair leave, she/he shall get the approval from Party A, the accumulated period shall not exceed 20 days; otherwise, Party A shall have the right to terminate the contract. If Party B doesn’t attend class for no reason without the permission from Party A, Party A shall have the right to deduct three times as much of Party B’s salary as a fine. If Party B continues to be absent for more than 7 days, Party A shall have the right to fire Party B.
IX. Expenses needed to be paid by Party B
1. Party B shall pay an income tax according to the laws and regulations in China.
2. Party A will provide Part B monthly electricity expense for 400 kWh, (500 kWh for December, January and February), and Party B shall pay the excess expense monthly.
3. Party B shall pay the international call expense on the telephone in the apartment.
X. Confidentiality
Without Party A’s approval, Party B shall not reveal the content of the contract to a third party. This appendix is an indivisible part of the contract.
This Contract appendix is signed in duplicate at This Institute on August in Chinese and English, both texts being equally authentic.
Party A Party B
(Signature) (Signature)
this Institute
This Institute, founded in October of 1959, is an independent and full-time public higher vocational institute, which was authorized by the National Education Ministry and is under the jurisdiction of Jiangsu Education Office. In 2003, This Institute got the titles of “National CNC Urgently-needed Talents Cultivation Base ” and “Jiangsu Cultivation and Training Base for Urgently-needed Talents of Automobile Technology”. Moreover, This Institute has successively won the titles of “National Advanced Institution of Vocational Education”, “Advanced Institution of Jiangsu Vocational Education”, “Advanced Institution of Jiangsu Graduate Employment”, and so on. In December of 2006, This Institute has been authorized by the Ministry of Education and Ministry of Finance as one of the first group of twenty-eight colleges of “Constructing Institution of National Higher Vocational Model College”.
