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 fulfill conscientiously all the obligations stipulated in it.
II. The period of service will be from .1st, 2011 to ____.31st, 2012 , among which there are 15 days as probation period, after which a formal contract signed.
III. The duties of party B (see attached pages).
IV. Party B’s monthly salary will be 5000 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 with necessary working and living conditions (see attached pages).
4. Party A shall provide co-workers.
5. Party A shall pay Party B’s salary regularly by 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 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 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.
5. It should be reported a month in advance if either of the two parties wants to terminate the contract.
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 ¥5,000.
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 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 expenses 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 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.
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 administration of Foreign Experts Affairs and ask for a final arbitration.
This contract is in the Chinese and English languages, both texts being equally authentic.
Party A Party B (Signature)
This University
Date: Date:
The appendix of work contract for foreign cultural and educational experts
I Work assignment
Party B shall give 14-16classes (45min/class) each week and 2 lectures each semester. Party B should observe teaching arrangement made by the university and make up classes if missing classes because of sickness or other private affairs.
II The salary treatment
1. Direct payment
Monetary salary is 5000 RMB/month. The salary will be paid monthly around 15th to 17th with RMB from the day of starting work to the expiration of the contract. In case the time is shorter than a whole month, the payment shall be counted by day. The daily wage shall be 1/30 of the monthly salary (the same in February). 70% of the salary can be changed into foreign currencies monthly. Moreover, there is 50 yuan as telephone allowance monthly.
2. Indirect Payment
The employing party will guarantee the fundamental living conditions for the employed party in China.
(1) Providing lodging with furniture, Bedding, Telephone, television, refrigerator, washing machine, microwave oven, toilet, heating and cooling facilities, kitchen, and computer with cable internet access. Party B should sign the “Agreement on House and Living Facilities” within 15 days after arrival.
(2) Providing medical insurance. Party A will buy medical care insurance for party B, all medical care cost of party B should observe the insurance regulation. Expenses for transportation for medical care, tooth inlaying, tooth washing, face lifting, massage, glasses, meals in hospital, tonics not for medical purpose, and doctor’s house calls shall be covered by the employed party.
(3) Providing round-trip international airfare (international economy class airline ticket for the nearest distance from China to the country of the employed party) for Party B who has the contract at least one year; and one-way ticket for who has the contract less than one year. Party A can do the reimbursement when Party B can provide the airline ticket or a valid receipt of purchase.
(4) Luggage transportation expenses (if by air transport, the expenses shall be calculated by separate transportation for 24 kilograms. the employed party from the United States may not bear the luggage transportation expenses.)
(5) 2,200 yuan as traveling fee per year for Party B who has the contract at least one year, and 1,100 yuan for who has the contract less than one year.
III Work Time, Rest and Holidays
1. The work time of the employed party shall be decided by classes.
2. The party employed is entitled to the following holidays and festivals in China:
New Year’s Day, Spring Festival, May Day, and National Day.
3. The party employed is entitled to half-paid during summer vacation within the expiration.
4. Sick leave and private affairs leave
(1) Certificate from the hospital for foreigners appointed by the host institution should be presented when the employed party asks for sick leave. If the sick leaves of who has the contract for one year, amount to less than 30days within one contract term, and of who has the contract less than one year amount to less than 15days within one contract term, the party employed shall be paid with 100% of the salary. In case the leaves exceed 30days, the host institution has the right to terminate the contract, or, if the contract is not terminated, only 70% of the salary will be paid until the normal work is resumed.
During the term of the contract, the medical care expenses of the employed party in the hospital for foreigners appointed by the local government during business errands shall be paid by insurance company (see the former contract).
(2) The private affairs leave of employed party shall be approved by the host institution. The host institution will deduct the salary by day. In one contract term, the private affairs leaves should not exceed 10 days for who has the contract of one year; not exceed 5 days for who has the contract less than one year. The continuous private affairs leave shall be no more than 3 days, and two days’ salary will be deducted for each day thereafter.
In case of absence from work without the host institution’s permission, 3 days’ salary will be deducted for each day absent. For serious circumstances, the host institution has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.
Special Notes:
1. Foreign teachers are encouraged to take part in such activities as sports, teaching and research meetings.
2. Death and injuries will be conducted according to regulations adopted by the university.
3. Party A will pay residence permit and foreign expert certificate fee and Party B should pay the cost that happens abroad and of the physical examine.
This appendix has equal validity of the contract and an integral part of the contract.
The signature of the host institution: The signature of the employed party:
This University
Date: Date: