Teacher Employment Contract 2010
(1) _This Language Teaching Center (herein after referred to as the “Employer") Authorized Representative:
And
(2) ___(Name), (hereinafter referred to as the " Employee")
Nationality:
Permanent contact address:
Permanent contact telephone number:
Next of Kin Name:
Address:
Phone number:
Relationship:
Passport Number:
Date of Birth:
Whereas:
1. The Employer has entered into the franchise agreement with EF Business Consulting (Shanghai) Company (EF English First) for the establishment of an English language-teaching center under the EF English First system.
2. The Employer agrees to recruit the Employee subject to the terms and conditions as set out below and agrees to provide the Employee with proper remuneration according to this Contract.
3. The Employee agrees to be recruited by the Employer and is willing to work diligently and faithfully for the Employer, with a purpose of enhancing the development and protecting the interests of EF English First and the Employer. The Employee is confident that he/she can undertake these duties in the best interests of the Employer without causing harm to EF English First and the Employer and without creating any conflicts with his/her conditions of employment and financial remuneration.
In accordance with relevant PRC regulations and laws, adhering to the principles of equality, both parties hereby voluntarily agree as follows after friendly consultation:
Article 1: Term
1.1 The term of this Contract shall be __months, commencing from and expiring on During the term of this Contract, the probationary period shall be three months, commencing from and expiring on .
1.2 This Contract may be renewed for a term of one year if both parties agree, upon signing a second 1 year contract ,the employee’s salary will be increased by 15% and the employee will receive a bonus of RMB 3000.
Article 2: Position
2.1 The Employee shall serve as Teacher.
2.2 The working location is Changchun (city).
The parties have read, understood and agree to abide by the Job description, Code of Conduct, Termination Policy, Flight Policy, Disciplinary Policy, Termination Policy, Confidentiality Policy and Insurance terms as attached. These attachments form part of this Contract.
Article 3: Working Days, Hours and Timetabling
3.1 The Employee will be required to work five days a week from Monday to Sunday.
3.2 The employee may be required to work 6 days a week in the peak season. If the employer requires the employee to do so, the employer should obtain the agreement from the employee and pay the employee overtime at the agreed rate (per clause 4.2) or offer a day of leave in lieu for each 6th day in any given week worked (not a week-end day). (The choice of peak season arrangement (overtime or day in lieu) should be agreed in writing before intensives begin)
3.3 The Employee’s working hours may be scheduled between 08:00 to 20:30 from Monday to Sunday.
3.4 The Employee will be required to work up to 40 hours per week “working hours” in both the peak and non-peak seasons. June through August and January through February will be regarded as the peak season. If the employer requires the employee to work more than 40 real hours in one week regardless of the monthly average of ach, the employer should obtain the agreement from the employee and pay the employee overtime at the agreed rate (It does not include the reasonable schedule adjustments due to National Holidays or special center events).
3.5 The employee will require a reasonable amount of time for class preparation and course-related administrative duties, i.e. 1 ach preparation for each 3-ach lesson.
3.6 During the non-peak season, within the working hours, up to 87 hours (130ACH) per month shall be contact teaching hours. Any contact teaching hour above 87 hours per month shall be subject to the mutual agreement of the Employee and the Employer and subject to overtime compensation as set forth in Clause 4.2.
3.7 During the peak season, if the employee is working a 6 day week and within the working hours, up to 87 (130ACH) hours per month shall be contact teaching hours. Any contact teaching hour beyond 87 hours per month shall be subject to the mutual agreement of the Employee and the Employer and subject to overtime compensation as set forth in Clause 4.2.
3.8 In the remaining working hours, in addition to lesson planning and course-related administrative duties, the Employee may be required to perform other reasonable duties as instructed by the Employer, including, but not limited to, interviewing students for placement testing, developing materials and participating in marketing activities. All these duties shall be planned within the 40 “Working hours” per week
3.9 As part of the contact teaching hours, the Employee may be required to teach some off-site courses or to substitute for unscheduled absences of other teachers.
3.10 The Employer shall try to inform the Employee of any cancellation or delay of classes, or additional classes, 24 hours before the class is scheduled.
3.11For the purpose of this Contract, one hour equals to 60 minutes and one ACH equals to 40 minutes.
Article 4: Remuneration
4.1 Salary will be paid according to the following scale: _
A:Teacher who has the qualification of TEFL(TESOL) or Degree
Probation Period (1st – 3rd month) - Start date through 90th day employment - monthly salary of 6,000RMB(net); Secondary Period (4th – 12th month) - 91st day through 365th day of employment: Monthly salary of 7,000RMB(net);
B: Teacher who has the qualification of TEFL(TESOL/CELTA) and Degree
Probation Period (1st – 3rd month) - Start date through 90th day employment - monthly salary of 6,500RMB(net); Secondary Period (4th – 12th month) - 91st day through 365th day of employment: Monthly salary of 7,500RMB(net);
In addition, the Employee may have the Center Manager bonus according to his/her monthly performance
4.2 For each contact teaching hour over 87 (Peak or non-peak season) per calendar month, the Employee shall be paid at a negotiated rate of RMB 100Gross) per hour as overtime compensation in line with the market average. Such payment is calculated per calendar month (from the 1st – final day of the month regardless of the payment period or the payment day). In the case of public holidays or paid vacation falling in the monthly pay period, monthly contact teaching hours will be calculated pro rata.
4.3 The Employer shall pay the Employee’s salary on the 25th day of each month. Payment of overtime-contact hours is paid on the 10th day of each following month. If the date of such payment falls on a non-business day (weekends), it shall be advanced to a business day (Friday). If the date of such payment falls on a national holiday, it shall be advanced to the last working day before the holidays, according to local government directives.
4.4 On production of legally required receipts, the Employer shall bear all authorized expenses incurred by the Employee, including, but not limited to, travel and accommodation costs for off-site teaching programs.
Article 5. Flights : Payment will be made on completion of each 12 month contract at the following rate: After one year –RMB…10000……After second 12 month contract completion 15000. After third year contract completion 20000.
Article 6. Housing
6.1 The Employee will be provided with single accommodation by the Employer with conditions as set forth in the attachment. Please refer to the Accommodation policy and guidelines document in the EF English First Company documents. Couples will be furnished with a two bedroom apartment, and individuals with a single bedroom apartment. Teachers may elect to receive an apartment allowance of RMB1000 and obtain and fully manage their own accommodation.
6.2 An employee utilizing School-provided accommodation may change their allotted apartment within one month if it is unsatisfactory. A second change may be made if the apartment fails to meet the quality standard as set out in clause 6.3. If the employee requires a change after this time, where the quality standard is currently being met, the employee is liable for all costs associated with such a move (IE vacant rental costs, contract breach costs, loss of deposit, etc).
6.3 Minimum requirements for EF Changchun quality standard may be found in the attachment to contract.
Article 7. Insurance:
The Employer will buy Erika Travel Insurance to cover the Employee for the medical and accident insurance purposes. For details refer to the attached EF English First Teachers insurance Basic (Policy No.903.300.wws)
Article 8. Holidays
8.1 Public Holidays
The Employee will receive the following public holidays should they occur during the Contract
New Year (1st January) One (1) day Chinese Lunar New Year (January/February) three (3) days
Tomb-Sweeping Day(Apr) One(1)day Dragon-Boat Festival (June) One(1) day
Labor Day (1st May), One (1) day Mid-Autumn Festival (Sep) One (1)day
National Holiday (1st October), three (3) days Christmas day (25th December), one (1) day
The Employee is entitled to 12 days as public holidays in one year. If the Employee’s scheduled day(s) off fall on a public holiday the Employee will be entitled to the equivalent number of days holiday in lieu. These lieu days will be subject to approval under the same conditions as paid holiday.
8.2 Paid holiday
Further to the above, the Employee is entitled to ten (10) working days paid holiday per full year contract. (12 days in the second year) In the case that the contract term is less than 12 months, the paid holiday will be pro rata.
These holiday days may be taken at any time during the year APART from intensive(Jan,Feb, Jun,Jul,Aug)and one month notice given. The exact dates of any single holiday leave period should be negotiated with the employer to minimize week-end absences. All leave must be agreed in writing, and signed one month ahead of the leave by employer and employee. The employer may limit the number of employees taking holiday simultaneously in the school’s interest. If either party terminates the contract for any reason, the paid holiday shall be calculated pro rata based on the length of the Contract completed. If the number of days paid holiday taken prior to the termination exceeds the pro rata number, the Employee agrees to repay the salary for the excess days.
8.3 Any unauthorized leave shall be counted as unpaid leave and deducted from salary and will be penalized by disciplinary measures. If the employee’s contract is not terminated, the ‘lost’ days may be added to the contract term and paid according to the usual terms.
8.4 At the discretion of the employer, in certain rare cases where an employee has an emergency requiring special leave, the employer may choose to allow that leave (unpaid) and add the ‘lost’ time to the end of the contract, paid according to the usual terms. (Such leave is only recognized if written and signed by employee and employer ahead of the leave)
8.5 Regardless of the clauses in part 8 above: If the employee takes un-negotiated personal leave in excess of 5 days, the 13th month salary bonus will be forfeit (Bonus is described in 12.3 below). NOTE: Leave claimed as sick leave by the employee, but lacking suitable proof, will be deemed as un-negotiated personal leave. (Look carefully at 9.3 below)
Article 9. Sick Leave
9.1 The Employee shall notify, and seek approval for, sick leave from the Director of Studies or his/her deputy immediately in the event of sickness. All sick leaves must be supported by a doctor’s certificate unless prior approval from the Center Manager is obtained. The Employer can provide reasonable assistance to obtain the doctor’s certificate upon request. Upon return to work a sick leave form must be completed and approved by both the Director of Studies and Center Manager.
9.2 Any unauthorized sick leave shall be counted as unpaid leave deducted from salary and will be penalized by disciplinary measures.
9.3 For medical leave to be considered as authorized at least two hours notice should be provided (by phone etc) to the DoS or CM, except where the medical emergency makes this impossible (as later described in 9.5 – Concerning the doctors certificate)
9.4 For the first 3 days of accumulated sick leave within the contract term, salary will be paid at 100%.
9.5 EXCEPT where a documented stay in hospital occurs, More than 3 days sick leave (even when a doctor’s note is provided) will cause the employee to loose the end of 12 month completion bonus of 1 month ADDITIONAL salary to be forfeit (Bonus described in 12.3 below)
9.6 For accumulated sick leave over 5 days and up to 30 days within the contract term, the teacher will have 1 days salary deducted for a weekday absence, and 2 days salary deducted for a weekend absence. Any persistent cases of absence may result in the termination of this teaching contract.
9.7 In cases of accumulated authorized sick leave beyond 30 days within the contract term, the Employer has the right to terminate the contract, according to the EF English First Termination Policy.
9.8 If an employee takes 1/3 or 2/3 of the day off due to sickness (typically this approximates 1, 2 or 3 times a 2 hr class), this will be added to the accumulated sick days calculation described above
9.9 For clauses 9.5 and 9.6
Article 10. Legal documents
10.1 The Employer shall provide all necessary legal documents including, but not limited to, working permit, residence permit and visa provided by the Employer on behalf of the Employee during the term of this Contract. The Employee shall return all legal documents arranged by the Employer to the Employer upon completion or termination of this Contract. The Employer may remove and cancel all legal documentation upon termination or expiration of this Contract. The cost of a single entry visa to China will be reimbursed, in local currency, by the Employer within 2 weeks of the employee’s arrival at the center, provided the Employee produces legal receipts / invoices for the visa.
10.2 The employee must provide access to original copies of essential documents such as Passport, Degree and TESOL/TEFL and allow copies to be made.
Article 11. Disciplinary Procedures
Please refer to EF Disciplinary Procedure (Academic Staff) in the EF English First Company documents.
Article 12. Expiration and Termination
12.1 This Contract shall expire upon the ending date as set forth hereto.
This Contract can be terminated according to the EF Termination Policy and procedure in the EF Company documents.
12.2 In each of the first 6 months of the employees contract (1st, 2nd or 3rd year), RMB1000 will be held as a bond by the employer. On completion of the contract this bond will be repaid without conditions.
12.3 On completion of each 12 month contract a BONUS of ONE MONTH SALARY will be granted to the employee without con ditions (Excepting clause 8.5 and 9.5 above).
12.4 Under exceptional circumstances and at the sole discretion of the employer, an employee who’s end of contract completion bonus may be subject to forfeit (for reasons set out in this contract), may have the bonus restored or paid in part. This is only valid where the circumstances and exact outcomes are set out in writing and signed by the employer and employee.
12.5 Early termination of the contract by the employee will result in loss of the bond (up to the amount collected at that time), and loss of the flight money (normally payable on completion of the 12 month contract).
12.6 Probation: in the event that the employee fails to pass the 3 month probation, the bond collected up to that time will be returned without conditions.
12.7 Termination of contract by the employer: In the event the employer terminates the employee’s contract (as per EF Termination Policy and procedure in the EF Company documents ) clause 12.4 above applies.
Article 13. Force Majeure
Neither party will be responsible for delays or failures in performance from acts beyond Parties’ control (“Force majeure”). A written statement from the US or UK Embassy or the Employee’s embassy advising its citizens to leave a particular town or region or country will count as sufficient reason for the Employee to leave their school without breaching the contract. In such case, the Employer shall be responsible for transportation costs to the nearest point of safety outside of the town, region or country stated in the embassy’s advice.
Article 14. Confidentiality, non-solicitation, non-competition, royalty and Intellectual Property
Please refer to EF Confidentiality Policy (Academic Staff) in the EF Company documents.
Article 15. Handing over
Upon the termination or expiration of this Contract, The Employee shall hand over, in writing, all information, documents and experience relating to the Employee’s job, including but not limited to clients’ names, contacts, and other information required by the Employer, to any person designated by the Employer.
Article 16. Disputes
16.1 Both parties shall resolve their labor disputes through consultation. If no agreement can be reached through consultation, both parties agree to submit the disputes to the Employer’s local labor arbitration committee for arbitration.
16.2 If either party does not agree with the arbitration award in accordance with Clause 16.1, it may submit the disputes to the courts where the Employer is located.
Article 17. Governing Law
This Contract shall be governed by and interpreted in accordance with PRC laws.
Article 18. Miscellaneous
18.1 This Contract shall become effective upon signing. This may be in the form of fax signing.
18.2 This Contract is executed in duplicate and each counterpart shall have one, which has equal legal validity.
18.3 This Contract is translated into Chinese. In cases of dispute the English version shall prevail.
(signature) (signature)
For and on behalf of Yingzhifu Language Teaching Center
Attachments
1) Job Description 5) Offenses and resulting disciplinary actions
2) Code of Conduct 6) Flights and flight reimbursement policy
3) Insurance Policy 7) Accommodation policy and accommodation guidelines
4) Confidentiality policy 8) Termination policy