Contract
Ⅰ.This contract is made in a spirit of friendly cooperation and freewill by and between Party A and Party B, whereby This Foreign Language School,Zhejiang,P.R.China (Party A) invites (Party B) from for service as a Foreign Visiting Professor (An English Teacher) on the terms and conditions stipulated in the contract.
Ⅱ.The period of service commences on August 1st 2008 and ends on July 31th 2009 .
Ⅲ.The Appendix of Contract “The Assignments of Party B and Pay and Living Conditions for the foreign Visiting Professor” is an inseparable part of the contract, and it is equally effective as the contract.
Ⅳ.Party A shall pay Party B a monthly salary of 6,000 yuan Renminbi.
Ⅴ.The duties of Party A.
1.Party A shall acquaint Party B with Chinese relevant law, decrees and relevant regulations of about foreign experts as well as that of Party A.
2.Party A shall instruct, inspect and assess Party B’s work.
3.Party A shall provide Party B with the necessary working and living conditions.
4.Party A shall provide Party B with cooperate colleagues.
5.Party A shall pay Party B on time.
Ⅵ.The duties of Party B
1.Party B shall observe China’s laws and decrees and not interfere in the Chinese internal affairs.
2.Party B shall observe Party A’s work regulations, the relevant regulatory regimes about foreign experts, and accept Party A’s work arrangement, instruction, inspection and assessment on Party B’s work. Without Party A’s consent, Party B shall not hold other concurrent posts irrelevant to his work.
3.Party B shall complete on time the assignments of which the quality shall be guaranteed.
4.Party B shall pay respect to the Chinese religions, policy, and not engage in any business not in conformity with his status of a visiting foreign expert.
5.Party B shall pay respect to the ethics, customs and habits of the Chinese people.
Ⅶ.The change, dissolution and termination of contract.
1.Party A and Party B shall both keep the contract. Neither party shall change, dissolute or terminate the contract without the unanimous agreement of both parties.
2.The contract can be changed, terminated only on condition that both parties have agreed on. The contract should be strictly and literally performed before both parties agree on any change.
3.Party A is entitled to inform in writing Party B of the dissolution of contract on following conditions.
(1)Party B does not perform the contract, or violates the contract, and persists although Party A has pointed out Party B’s failure to perform the contract.
(2)Owing to poor health, Party B has been absent from work 30 days in succession with a doctor’s leave certificate and is still not able to work.
4.Party B is entitled to inform in writing Party A of the dissolution of contract on following conditions.
(1)Party A fails to provide Party B with necessary working and living conditions as stipulated in the contract.
(2)Party A fails to pay Party B on time.
Ⅷ.Fine for breaking the contract.
Either party who does not perform the contract or breaks the contract has to pay another 500 dollars (or equal amount of Renminbi) as fines.
If, owing to Force Majeure, Party B requests a dissolution of the contract, he shall present Party A with certificate by certain organ. And with Party A’s consent, Party B can leave China, but the cost shall be at Party B’s expense. If Party B terminates the contract without reasonable cause, he shall pay Party A the fine for breaking the contract besides the cost of leaving China at his own expense.
If, owing to Force Majeure, Party A requests a dissolution of the contract, Party A shall solicit Party B’s consent, besides, the cost of Party B’s leaving China shall be paid by Party A. If Party A terminates the contract without reasonable cause, party A shall pay Party B the fine for breaking contract besides that Party A shall pay the cost of Party B’s leaving China.
Ⅸ.This contract is effective from the date of signing. It will no longer be in force upon the expiration of the stipulated period of service. New contract shall be signed at 30 days’ notice by either party prior to the date of expiration if both parties agree on.
After the date of expiration, any cost incurred by Party B within China shall be at his own expense.
Ⅹ.Arbitration
A dispute in collection with the contract shall be settled through negotiation or reconciliation. In case no settlement can be reached through negotiation or reconciliation the case shall then be submitted for arbitration in the State’s Foreign Experts Affairs Bureau.
This contract is signed in Huipu Middle School,Zhejiang, P.R. China on June 26,2008 Each form has two copies and each copy is written in Chinese and in English both texts being equally authentic.
Party A Party B
(signature) (signature)
Appendix
The Assignment of Party B and the Pay and Living Conditions for the Foreign Visiting Professor
Ⅰ.The Assignment of Party B
Party B will take the spoken English Course (OR Course of Oral English). He will do 18 lessons (45 minutes in one lesson) per week and spend one afternoon (one lesson) in charge of the English corner activities every week. Party A will pay Party B 80 yuan Renminbi for each extra lesson.
Ⅱ.Salary
1.The Monthly Salary is 6,000 yuan Renminbi.
2.Disbursement
Party A shall pay Party B every month from the date of Party B’s arrival at the post to the completion of Party B’s teaching duties. If at any given period the working time is less than one month, Party B shall receive a payment proportional to the number of days completed. Day’s salary is one-thirtieth of monthly salary (It is the same in February).
Ⅲ.Traveling Expenses
Party A can offer Party B 7,000 yuan Renminbi as allowance for flight ticket fee to his native country.
Ⅳ.In the period of Party B’s service,
1.Party A shall pay for the accommodations. Party A shall provide Party B with a furnished apartment with a kitchen, a washing-room (which includes a toilet, a sink, a shower, a washing-machine, and a heated machine), some furniture, bedding, a TV set, a DVD player, a telephone, a microwave, a refrigerator and air-conditioning equipment, etc.
2.PartyA should apply for PartyB’s medical insurance in China in the period of his service in China,and bear all the expenses. In the period of his service in China, Party B can go and see the doctor in the campus clinic but the total expense shall not exceed 100 yuan Renminbi per month.
3. Party A shall provide Party B with a phone. Party B may call free of charge anybody within China.
Ⅴ.Travel allowance
In the period of service of Party B, if Party B can complete the assignments as stipulated, Party A shall offer Party B2,200 yuan Renminbi as travelling allowance.
Ⅵ.Sick leave
If Party B asks for sick leave, it should be approved upon presentation of a medical doctor’s certificate. If the sick leave does not exceed 30 days, Party B shall get full pay.
If the sick leave exceeds 30 days, and Party A does not dissolute the contract, Party A can supply Party B 50% remuneration of Party B’s monthly salary till Party B can resume his work.
If the sick leave exceeds 30 days, and Party A terminates the contract, considering the circumstances Party A can pay partly the cost incurred by Party B when he leaves China.
Ⅶ.Leave of absence
If Party B asks for leave of absence, he shall acquire Party A’s permission, and then a per day education from Party B’s salary will be effected for absence. Accumulative total of leave of absence in a term (an academic year) of Party B’s service should not exceed 5 days. The leave of absence in succession should not exceed 3 days. If Party B is absent from his post without leave and Party A’s permission, one day’s absence will incur a three-day deduction from Party B’s salary.
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