CONTRACT
I. Party A This College wishes to engage the service of Party B _ as _Oral English Teacher. 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.
II. The period of service will be from the 1st day of_September_, 2008 to the 30th day of _June_, 2009.
III. The duties of Party B (see attached pages)
IV. Party B's monthly salary will be ¥ 6000 RMB. 70 % of which can be converted into foreign currency monthly.
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 and living 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 any 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 must abide by the contract and must 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 must 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 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.
(2) According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30-day 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 fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $ 1,000 (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 should pay its own return expenses and pay a breach penalty 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 expense and pay a breach penalty to Party B.
IX. The appendix of this contract is an inseparable part of the contract and has equal effect.
X. This contract takes effect on the date sign 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.
XI. 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 at China, in duplicate, this_30th day of _July__, 2008, in the Chinese and English languages, both texts being equally authentic.
Party A：This College
*****
Vice President
Party B:
(Signature)
Appendix of the contract
Name of the employee: _ I voluntarily sign this Appendix
Position: Oral English Teacher (Hereinafter refers to "Party B")
Name of the Employer: This College (Hereinafter refers to "Party A")
Validity Date: 09 / 01/ 2008 (month/date/year)
Expire Date: 06 /30 / 2009 (month/date/year)
I. The responsibility of Party B
1. Make full preparation before teaching, and submit weekly plans and lesson plans as required.
2. Teach English courses assigned by Party A
3. Assign, correct and mark students’ homework
4. Participate in English Corner sessions held by Party A
II. Working time and holidays of Party B
1. Working time is usually on weekdays, but occasionally it could be on weekends, and then Party B can rest on two consecutive weekdays.
2. 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.
3. Party B has the right to take a 2-day Christmas holiday and one day for Easter holiday. (Party B shall make up for the classes of the above days)
4. Party B has the right to take the winter holiday as his (her) Chinese colleague with pay, provided the employment contract is for a one-year period.
III. The amount of teaching hours
Party B shall teach 14-18 academic hours each week for the students of Party A in person (each academic hour equals 40 minutes), plus no more than 2 academic hours of English corner participation each week. Party A and Party B shall agree on time to hold English Corner.
IV. Payday
Party B's monthly salary shall be paid by Party A around the 15th of each month.
V. Facilities and service free of charge provided for Party B
1. Free accommodation: an apartment with bedroom, living room, kitchen and toilet, bathroom；equipped with air conditioning, color TV, bed, chairs, table, washing machine, refrigerator, cabinets, water heater, etc.
2. Free medical treatment in Party A’s infirmary.
3. Party A shall be responsible for Party B’s application for residence permit and all related expenses.
VI. Plane ticket
Party A shall refund Party B’s round trip plane ticket (Maximum 7000RMB) upon satisfactory completion of one-year full-time service for Party A. Cost for the tickets shall be paid 10-15 days prior to Party A's final date of service listed in this contract.
If Party B is already in China, instead of refunding Party B’s plane tickets, Party A shall pay Party B a sum of 4000RMB as additional remuneration upon satisfactory completion of one-year full-time service for Party A. Said money shall be paid 10-15 days prior to Party A's final date of service listed in this contract.
VII. Allowance
1. Allowance for travel: The allowance for travel is 2,200 RMB on a one-year contract base (one year means in this contract two semesters), which will be given to Party B at the end of the contract.
2. Allowance for medical treatment: 1,000 RMB on one-year contract base paid at the end of the contract.
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 a sick leave. During the period, Party B can get 30 RMB each day from Party A as subsidy, but there will be no more salary during the period. If the sick leave time exceeds 30 days, according to the regulation of the National Foreign Expert Bureau, Party A shall have the right to terminate this contract.
If Party B wants to apply for private affair leave, he/she shall get prior approval from Party A and the leave shall not exceed 20 days, otherwise Party A shall have the right to terminate this contract. If Party B doesn’t attend the classes without a suitable reason or without prior approval of Party A, Party A shall have the right to deduct twice as much Party B’s salary as fine. If Party B keeps this condition for more than 7 days, Party A shall have the right to terminate the contract with Party B.
IX. Cost of living expenses to be paid by Party B
Party B shall pay for telephone calls and internet in the apartment, if Party B wants to have them.
Party B shall pay for his own medical expenses in hospitals or drugstores.
Party B shall pay for electricity and water bills 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 inseparable part of the contract.
This Appendix is signed at , China, in duplicate, this_30th day of _July__, 2008, in the Chinese and English languages, both texts being equally authentic.
Party A：This College
Vice President
Party B:
(Signature)
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