3.1 Party A has the right to adjust the job responsibilities of Party B according to Party A’s needs and Party B’s capability and performance, to which Party B agrees.
3.2 In line with the job adjustment, Party A makes a corresponding adjustment to Party B’s payment and other benefits.
3.3 Should Party B disagree to the job adjustment, Party B can, in accordance with procedures stated in Party A’s rules, put forward his opposition or resign. However, Party B’s opposition does not affect the implementation of the decision of Party A. If the job adjustment goes ahead, Party B should make a relevant handover and assume the new post.
4.1 Party A adopts a working and holiday system that matches the nature of Party A and conforms to national and local employment regulations.
4.2 In line with the needs of Party A and the job descriptions of Party B, Party A adopts standard working time for Party B. That is to say, Party B works 16 teaching hours a week in total and some reasonable coaching
4.3 Party B should discuss with teaching department to select teaching material, work out syllabus and teaching plan.
4.4 Each week Party B should join teaching and researching activities and the English Corner for 1-1.5 hours
4.5 When changes are made to the post of Party B, Party B should follow the adjustment of his/her working time accordingly. But Party B should get the notice Party B 10 days before the job adjustment”
rticle 5. Overtime work
5.1 In line with the needs of Party A, overtime work for Party B can be arranged in accordance with law.
5.2 Party B can not work overtime without the approval of Party A. When applying for overtime, Party B must follow the procedures as provided in relevant rules of Party A.
5.3 Party A guarantees that Party B takes two days off per week.
5.4 If Party A asks Party B to work overtime or endorses Party B’s application for overtime work, Party A must make it possible for Party B to take the relevant amount of time off or give Party B overtime payment in accordance with regulations of the State, Tianjin and Party A itself. The overtime payment should be given to Party B separately in the following month by the department which Party B works with. The accumulative overtime should not exceed 36 teaching hours within one month.
5.5 It is the obligation of Party B to complete the work assigned by Party A in time and in full. If Party B fails to do this and as a result has to work overtime either on Party B’s own will or upon Party A’s request, Party A will not give Party B overtime pay or relevant time off.
Article 6.
Party A provides Party B with necessary working conditions and equipment, and formulates working procedures, scope of work and guidelines on safety and sanitation.
Article 7.
Party B should obey Chinese laws and regulations as well as various systems
formulated by Party A.
Article 8. Salary
8.1 Party B’s annual salary will be RMB55, 000 Yuan (paid in 10 months and each month RMB5, 500 Yuan, February and August are excluded). If Party B leaves before the completion of the Contract, salary will be paid only for the actual workdays and Party B will be ascertained where the responsibility is.
8.2 In case a change is made to the job of Party B, Party A can make an adjustment to part or all of Party B’s salary.
8.3 When taking sick leave, Party B is paid in accordance with the relevant laws and regulations in China (Please refer to 18.1 to details).
8.4 If Party A requests Party B to work over 16 class hours in a week, each class hour exceeded will be paid RMB110 yuan.
8.5Party A has the right to make deductions from Party B’s salary in case Party B disregards Party A’s rules and damages Party A’s property, fined economically for violation of employment rules and regulations, and pay penalty or compensation for violating the Contract.
Article 9. Payment of salaries
9.1 Party A shall give payment to Party B in the form of currency before the 30th of the corresponding month. If the date coincides with a legal holiday, the payday is moved up to the preceding workday. The payment is given on a monthly basis. For services of less than one month, the payment will be made for each working day, with each day being the monthly salary divided by 21.75.
9.2 Should Party A be unable to make the payment on time because of uncontrollable reasons or other significant events, Party A should notify Party B 3 days in advance. Party A can postpone the payment for a maximum of 15 days
Article 10. Personal income tax
10.1 It is Party B’s obligation to report and pay personal income tax. In accordance with relevant national regulations, Party A performs the duty of deducting the tax from Party B’s salary and other income and pays it to tax authorities.
10.2 Unless Party A and Party B agree otherwise, all the salary and other income that Party B receives under this Contract are taxable.
Article 11. Insurance: According to the relevant regulations, the employee should have five insurance items: endowment insurance, occupational injury insurance, medical insurance, unemployment insurance and maternity insurance. The employer will pay the insurance fee RMB1172.2 yuan per month for the employee, which covers these 5 items. Meanwhile the employee needs to pay insurance fee RMB387.2 yuan per month for him/herself.
11.2 Party A will reimburse the fee for health check made in Tianjin Centre for Entry-exit Inspection and Quarantine (express fees for health check report is not included) when Party B takes office.
11.3 For Party B who passes the probationary period, Party A will reimburse the fee for Chinese residence permission in the first contract year.
11.4 Party A provides accommodation for Party B in Guo Pei (February and August are excluded).
11.5 “If Party B wishes to live outside, Party B has to notify and provide relevant documents to Party A. And Party B will be offered RMB 2,500 yuan one month as accommodation and transportation expense and subsidy. The subsidy will be paid by month (February and August are excluded) together with the salary and Party B shall pay personal income tax according to “The Personal Income Law of PRC”.
11.6 Party A will provide a tour in Tianjin during employment period. If Party B forgoes the provided tour, Party A will pay 500 RMB, and Party B shall pay personal income tax according to “The Personal Income Law of PRC”.
11.7 Party A has to offer 100 RMB per month for food. And if the working days are less than one month, Party A only offer 50RMB for food.
Article 12. Transportation fees and allowances
Based on the contract of one-year employment, when the employment expires,Party A will pay Party B international traveling expenses RMB10,000 Yuan, which will be divided into two times to be paid, and the employee must pay personal income tax according to “The Personal Income Law of PRC”
Article 13. Vacation
Party B is entitled to the same legal holidays as Chinese citizens, which include New Year’s Day, Spring Festival, Qingming Festival, International Labor Day, Duanwu Festival, Chinese National Day, Mid-autumn Festival and other holidays designated by law and regulations.
Article 14. Work discipline
14.1 Party B must abide by the Chinese laws and regulations.
14.2 Party B is required to report to Party A on his work and accepts all reasonable instructions of Party A in relation to the work.
14.3 Party B must follow the rules and employment discipline formulated by Party A and accept Party A’s supervision. The rules and employment discipline that Party A initiates through legal proceedings before the signing of the Contract and during its implementation are all documents to be abided by Party B.
14.4 Party B should seriously study Party A’s corporate culture, dedicate himself/herself to work, respect the professional code of ethics and make a continuous effort to improve his/her professional skills. Party B should also partake actively in various training programs organized by Party A.
Article 15. Rewards and penalties
15.1 According to relevant stipulations, Party A evaluates the work performances and contributions of Party B and gives an appropriate reward to Party B. Please refer to Party A’s rules for detailed reward information.
15.2 Should Party B violate Party A’s rules, employment discipline or stipulations in the Contract, Party A may admonish Party B, inform him/her of the correct procedure, impose economic and administrative penalties on Party B, and even terminate the Contract without paying any compensation. But Party A must notify Party B of any action prior to it taking effect 10 days and Party B will be permitted to remedy prior to the action taking effect”
Article 16. Sick and personal leave
16.1 When taking sick leave, Party B shall present a doctor’s certificate from a hospital listed under the medical insurance program. If the cumulative total of sick leave is no more than ten working days within a contract year, Party B’s basic salary shall be paid in full. Party B is paid by 80 percent of the minimum wage standard in Tianjin, if the cumulative total of sick leave exceeds 10 working days but does not go beyond the one-month legally recognized period of medical treatment. Party A has the right to terminate the Contract if Party B’s consecutive sick leave exceeds the one-month legally recognized period of medical treatment, which includes weekend days and public holidays. Sick leave can be offset by annual leave.
16.2 If Party B asks for leave to handle personal affairs, Party B has to be approved by Party A in advance. The personal leave days can not be more than ten days per one contract year. No more than two consecutive days of personal leave will be approved. The salary in that very day shall be deducted for each day of excessive personal leave.
Article 17. Absence from work without asking leave and violation of working disciplines
17.1 If Party B is absent from work without the consent of Party A, the salary of the absent day shall be deducted, but if Party B absent three days in one month, half of the month salary will be deducted.
17.2 In the event of any of the following by Party B, as determined by Party A, Party A reserves the right to terminate the Contract and resort to legal means for compensation:
17.2.1 Absence from work without the consent of the employer for 7 consecutive days;
17.2.2 Absence from work without the consent of the employer for a cumulative total of 15 days within a contract year;
17.2.3 Other serious violations of rules concerning safe broadcasting, which cause serious damage to Party A.
17.2.4 Other acts that seriously violate working disciplines and relevant rules.
17.3 In the event of any situation as listed in 19.2, which cause economic losses and severe damages to Party A, then Party B should take the obligation of compensating Party A.
Article 18. Confidentiality
18.1 Party B is obliged to maintain confidentiality for Party A. Party B should obey the rules concerning confidentiality formulated by Party A and is subject to supervision of Party A, including but not limited to the storage, delivery, use and disposal, etc.
18.2 All the documents and preparatory manuscripts marked with internal document, secret, confidential and most-secret, etc available by Party B during work belong to secrets-involved documents. Party B shall neither disseminate them against the rules nor disclose to the third party in any manner or allow the third party to use them. The methods of dissemination include but not limited to copying, sending e-mail, taking secret documents or articles to public occasions, talking about the secret-involved documents in public, etc.
18.3 If Party B disobeys the confidentiality obligation, he or she shall not only compensate the loss of Party A, but also bear the relevant legal liability in accordance with relevant laws and regulations.
18.4 The term of confidentiality obligation by Party B is not limited to the term of this Contract, starting from the date when party B knows the secrets-involved documents, to the date when the secrets-involved documents decrypted or enters into public information domain.
18.5Party A is obliged to maintain confidentiality for Party B, including visa, employment contract, ect. ”
Article 19. Amendment of the Contract
19.1 After the signing of the Contract in accordance with the law, both Party A and Party B should fulfill the obligations stipulated in the Contract faithfully. Neither Party A nor Party B can amend the Contract without agreement of the other party.
19.2 The Contract can be amended if the amendment is agreed upon by both Parties after consultation. The Contract continues to be valid if both Parties cannot agree on the amendment.
19.3 While the Contract is in force, if some of its terms become no longer enforceable due to new laws, regulations and policies issued by China or Tianjin, the Contract shall be amended in accordance with the new laws, regulations and policies.
19.4 While the Contract is in force, if objective conditions on which this Contract is based change so that the Contract becomes no longer enforceable, the Contract can be amended if the amendment is agreed upon by both Parties after consultation.
19.5 According to Article 21.2 and 21.4 above, if one party hereof intends to amend the Contract, he shall serve the other party a written notice with regard to the amendment requirements, and the other party shall make a written reply to the party that requires the amendment to be made within 15 days upon receipt of such notice; no reply within 15 days will be regarded as disagreement to amend the Contract.
Article 20. Termination of Contract
20.1 The Contract is terminated automatically if any of the following occurs:
20.1.1 The Contract expires and Party A and Party B have not renewed the Contract upon its expiration;
20.1.2 Party B reaches the mandatory retirement age;
20.1.3 Party B dies or is declared dead or missing by the people’s courts;
20.1.4 Party A is bankrupt, disbanded, has its operating license revoked or is ordered to be closed down in accordance with the law;
20.1.5 Any other circumstances occur under which the Contract must be terminated as required by law.
20.2 When the Contract terminates upon expiration of its term, Party A should inform Party B 30 days in advance in written form.
20.3 If the law requires a severance payment upon
the termination of the Contract, Party A shall pay in accordance with the law. The payment will be calculated in accordance with 29.1 of this Contract.
Article 21. Cancellation of Contract
21.1 The Contract can be canceled upon agreement by both Party A and Party B following consultation.
21.2 Party A is entitled to cancel this Contract if Party B is found to be in any of the following circumstances, under which Party A will not pay any economic compensation for cancelling the Contract:
21.2.1 Party B is proved to be unqualified for the work during the probation period;
21.2.2 Party B is in serious violation of work discipline or of Party A’s rules;
21.2.3 Party B commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;
21.2.4 Party B is sued for criminal liability in accordance with the law, gets administrative or judicial detention and receives compulsory detoxification treatment;
21.2.5 Party B is proved guilty of fraud, failing to reveal important information related to this Contract or Party B’s work.
21.3 Party A can cancel the Contract if one of the following circumstances occurs but must give Party B 30 days’ prior written notice:
21.3.1 After the set period of medical care for an illness or non-work-related injury, Party B can engage neither in his original work nor in other work arranged by Party A, or Party B no longer qualifies for certain jobs as stipulated by the central government and Tianjin and therefore Party A cannot arrange other work for Party B;
21.3.2 Party B is incompetent and remains incompetent after training or adjustment of his post;
21.3.3 Party B is in breach of Contract and has not remedied the breach within 72 hours after getting official notice;
21.3.4 Party A reduces its workforce or lays off employees as required by its operation performance or adjustment to its production and management;
21.3.5 A major change in the objective circumstances relied upon at the time of conclusion of the Contract renders it unenforceable and, after consultation, Party A and Party B are unable to reach agreement on amending the employment Contract;
21.3.6 After the expiration of the Contract, Party A and Party B have not renewed the Contract but Party B has formed an actual employment relationship and the two Parties cannot reach agreement on the period of validity and terms on renewing Contract.
21.4 If Party B intends to cancel the Contract, Party B should give Party A 90 days’ prior written notice or 10 days’ prior written notice if Party B is in the probation period. After approval by Party A, Party B should go through the termination procedures as required by Party A and settle all relevant fees and pay breach penalty.
21.5 Party B can inform Party A at any time to cancel the Contract if one of the following things occurs:
21.5.1 In the probationary period.
21.5.2 If Party A used deception to induce Party B to sign the Contract;
21.5.3 Party A does not pay salary or does not offer working conditions according to the Contract.
21.6 If Party B cancels the Contract according to 23.4 and has caused economic losses to Party A, Party B should pay compensation to Party A;
21.7 If Party B has one of the following conditions, Party A can not cancel or terminate the Contract according to 23.3 of this Contract:
21.7.1 Party B has been confirmed as having lost or partially lost his capacity to work due to an occupational disease Contracted or a work-related injury sustained with Party A;
21.7.2 Party B has contracted an illness or sustained a non-work-related injury, and the set period of medical care has not expired;
21.7.3 Party B is a female employee in her pregnancy, confinement or nursing period.
21.8 During the period of prior notice stipulated in this Contract, Party A is entitled to ask Party B to continue to work and Party B should do work arranged by Party A in accordance with the Contract and the requirements of Party A.
21.9 During the period of prior notice stipulated in this Contract, If Party B continues to work for Party A, Party A should pay wages to Party B in line with his work. If Party B refuses to work for Party A as requested, Party A can stop paying wages to Party B. But Party A must pay for any and all work has been done”
Article 22. Handover and return of property
22.1 Upon termination or cancellation of the Contract, Party B should carry out the procedures to hand over his work. If damage is incurred upon Party A because Party B has not properly handed over his work, refused to hand over his work or only partially handed over his work, Party B should bear the liability to pay compensation.
22.2 Party B should return all documents and other articles that he is using or are in his possession but belong to Party A.
22.3 After Party B carries out the procedures to hand over his work, Party A should pay relevant fees in accordance with the law or the terms of this Contract and issue a demission certificate to Party B。
Article 23. Extension of the Contract
23.1 Party A and Party B should conduct consultation on whether to extend this Contract before it expires. If Party A and Party B agree to extend the Contract, a written agreement should be signed before it expires.
23.2 If Party B intends to extend the Contract, he should submit an application for the extension to Party A at least 90 days before the Contract expires. If both Parties agree, they can carry out the procedures to extend the Contract.
Article 24. Term of renewed Contract
24.1 In principle, the length of time of the renewed Contract should be no less than that of this Contract unless otherwise agreed upon by both Parties.
24.2 After the expiration of this Contract, if Party A and Party B have not carried out the procedures to terminate the Contract and have formed an actual employment relationship, Party A should conduct consultations with Party B in a timely fashion on renewing the Contract. If the two Parties can not reach agreement on the term and other articles of a new contract, both Parties can propose a termination of their actual employment relationship by giving the other party 30 days’ prior notice. The party that proposes the termination of Contract will bear legal liabilities in accordance with the law.
Article 25. Principles governing liabilities for breach of Contract
25.1 Any act that results in the inappropriate, untimely and incomplete fulfillment of all or part of the obligations stipulated in the Contract constitutes breach of Contract and the responsible party should be held liable for the breach.
25.2 Regarding the liabilities for breach of Contract, both Parties in this Contract agree that the breaching party should pay economic compensation to the non-breaching party in accordance with relevant laws and regulations of China.
25.3 In the event of the Contract terminating upon expir
ation, neither party shall be liable for breach of Contract and compensation.
Article 26. Party B’s liabilities for breach of Contract
26.1 In the event Party A provides funding for the training of Party B, the damages Party B should pay to Party A when canceling the Contract in breach should be calculated as follows: The amount provided by Party A is the maximum Party B should pay. It should be deducted by 20 percent every time Party B completes one year of service for Party A (starting from the date when training is completed or any other date agreed upon by both Parties). Party B should pay the full amount if it completes less than a year of service to Party A. If Party B has signed a training agreement, it should fulfill the agreement faithfully.
26.2 Party B is liable for damages it causes to Party A by canceling the Contract before it expires. Party B should pay compensation to Party A if he/she unilaterally cancels the Contract before it expires or quits the post without prior notice, except in situations described in 23.4 or 23.5.
26.2.1 Party B should pay Party A 1,000 US dollars in compensation if Party B cancels the Contract or leaves the post within one month after the end of probation.
26.2.2 Party B should pay Party A 750 US dollars in compensation if Party B cancels the Contract or leaves the post between one and four months after the end of probation.
26.2.3 Party B should pay Party A 500 US dollars in compensation if Party B cancels the Contract or leaves the post between four and eight months after the end of probation.
26.2.4 Party B should pay Party A 250 US dollars in compensation if Party B cancels the Contract or leaves the post within 2 months before the Contract expires.
26.3 If Party B cancels the Contract before its term expires, Party B should be liable to pay all the expenses that Party A spends in health check, Chinese residence permission, recruiting Party B, including fees paid to a third party, Party B and Party B’s former employer.
26.4 Party B should be liable to pay economic losses incurred on Party A due to Party B’s failure to keep commercial secrets.
26.5 Party B should be liable to compensate the economic losses(maximum is 1000) incurred on Party A due to Party B’s failure to fulfill its other obligations stipulated in the Contract.
26.6 If Party B breaches the Contract and cancels it in advance, Party A will not pay any transportation allowance for Party B in this contract year. If Party A has already provided air ticket for Party B relocating to China, Party B should return the air ticket fee. Party A will not provide recommendation letter for Party B under this circumstance.
Article 27. Party A’s liabilities for breach of Contract
27.1 In the event that Party A cancels the Contract in accordance with 23.3 of this Contract, it should pay severance pay to Party B in accordance with relevant regulations of the central government and the municipal government of the city of Tianjin. The severance pay should be based on the number of consecutive years Party B works with Party A and Party B’s average monthly wage for the 12 months prior to the termination of this Contract (If the monthly wage of Party B is greater than three times the average monthly wage of employees in Party A’s city as announced by local labor departments, the rate for the severance pay paid to Party B shall be three times the average monthly wage of employees) at the rate of one month’s wage for each full year(12 months) worked. Any period of less than one year but longer than six months shall be counted as one year. Half a month’s wage in severance payment should be paid to Party B if the period is less than six months. The severance pay should not exceed 12 months’ wages of Party B, unless the law says otherwise.
27.2 If Party A fails to provide Party B with working conditions as stipulated in the Contract or fails to pay Party B’s wages, Party A should pay compensation to Party B in accordance with the laws and regulations of the central government and the municipal government of the city of Tianjin.
Article 28. Notice and service
28.1 The address of Party A and the permanent address of Party B listed in this Contract are the only valid addresses where a notice can be served. If either of the two Parties changes address, it should inform the other party about a change in a written notice. If one party fails to inform the other party about a change of its address, any documents sent to the original address should be considered received.
28.2 During the enforcement of this Contract, any matter regarding the Contract’s enforcement, amendment, cancellation, termination as well as obligation exemption and recourse should be notified by written notice, including but not limited to fax, document, agreement, regular mail, registered mail, express mail, telegraph and public notice.
28.3 Notices can be served by fax, face-to-face delivery, mail and public notice. Notice served by fax will be considered received on the same day it is sent. Notice served face-to-face is considered received at the time the recipient signs the receipt. Notice served by express mail is considered received at the time the recipient signs the receipt. Notice served by telegraph will be considered received on the third day starting the day the telegraph is sent. Notice served by public notice will be considered received on the second day it is published.
28.4 If a notice fails to be served or its service is delayed because the sender has got the address or fax number wrong, the period of notice will be calculated starting the actual date the notice is served with the correct address or fax number.
Article 29. Other terms agreed upon by both Parties
Party A owns the copyrights of the works produced by Party B during the contract period, either using Party A’s material conditions or being in the name of Party A’s employee, while Party B has the right to sign the works.
Article 31. Laws applicable
31.1 The laws of China are applicable to all procedures and relevant laws governing the enforcement, consultation, dispute resolution in relation to this Contract and its appendixes.
31.2 If the terms or contents of this Contract and its appendixes are in conflict with China’s laws and regulations, China’s laws and regulations prevail.