Sample Contract
Ⅰ.Party A: wishes to engage the service of Party B: ----- as Foreign Teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfil conscientiously all the obligations stipulated in it.
Ⅱ.The period of service will be from to
Ⅲ. The service conditions of Party B (see appendix)
Ⅳ. Party B’s monthly salary will be 4000yuan RMB.
Ⅴ. Party A’s Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A’s work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B’s work.
3. Party A shall provide Party B necessary working conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B’s salary regularly by the month.
VI.Party B’s Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China’s internal affairs.
2. Party B shall observe Party A’s work system and regulations concerning administration of foreign experts 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 and post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Party B shall respect China’s religious policy, and shall not conduct religious activities incompatible with the status of an 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 should abide by the contract and should refrain from revising,
canceling, or terminating the contract without mutual consent.
2.The contract can be revised, canceled, or terminated with mutual consent. Before
both parties have reached an agreement, the contract should be strictly observed.
3.Party A has the right to cancel the contract with a written notice to Party B under
the following conditions:
(1) Party B does not fulfil the contract or does not fulfil the contract obligations
according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctor’s diagnosis, Party B cannot resume normal work after a
continued 30 days sick leave.
4.Party B has the right to cancel the contract with a written notice to Party A under
the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as
stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
VIII.Breach Penalty
When either of the two parties fails to fulfil the contract or fail to fulfil contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$ 500 to 2,000(or the equivalent in RMB)
Ⅹ.The appendix of this contract is an inseparable part of the contract and has equal effect.
Ⅺ. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to 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.
Ⅻ.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 experts affairs in the State Bureau of Foreign Experts and ask for a final arbitration.
This Contract is signed in the Chinese and English languages, both texts being equally authentic. The contract will go into effect upon signature of both parties.
Party A
The Attached Middle School of this University
Date:
Party B
Date:
APPENDIX
1. Salary
Party A shall fix Party B’s monthly salary according to his/her professional abilities.
Party B’s monthly salary is 4000 yuan RMB.(Party B will get his/her salary on 15th every month
Party B’s salary shall be paid regularly by the month. It shall begin from the day of Party B’s commencement of his/her work in this University till the expiration of the contract. If the work to be done less than a month, the payment shall be made by the day, each being one thirtieth of the monthly salary.
2. Subsidization
Party A will pay 400 yuan RMB for house( if Party A provides house for free, this amount of money will be canceled) , will pay 300 yuan RMB for school premium and 100 yuan RMB for telephone and transportation every month.Party B’s annual vacation allowance is 2000 yuan RMB. One half will be paid before the beginning of winter vacation, the other one—half will be paid before the beginning of summer vacation.
3.Transportation
Party A will pay for round trip domestic transportation per year between the point of international entry /departure and the host institution as well as the one-way international airfare.
4.Working Conditions
(1)Party B will be assigned 15 hours each week Party B will receive annual official leave on basis as their Chinese colleagues.
(2) Party B, unless agreed to by Party A, will not render service elsewhere or hold
concurrently any post unrelated to the mission assigned to him.
5. Leave
If Party B asks for leave of absence and obtains Party A’s consent, a deduction in salary shall be made according to the days of absence. During the contract, Party B should not ask for leave of absence for an accumulative total of 10 days and should not ask for leave of absence for continuous 3 days. If Party B is absent from his/her post without prior notification and Party A’s consent, a deduction of 3 days’ salary will be made for each day. |
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