CONTRACT
Full Time
Jiang Su Clong Education Investment Co., Ltd (hereinafter referred to “Party A”) employs (hereinafter referred to “Party B”) as contractual employee of school. According to “Law of Labor for P.R China” (here in after referred to “Law of Labor”) and “Regulations of Labor Contract of China” (here in after referred to “Regulations”) as well as other relevant laws and regulations, after discussion between Party A and Party B, both parties agreed to sign this contract voluntarily and equally. Both parties agreed to observe the terms set out in this contract.
Party A: Jiang Su Clong Education Investment Co., Ltd.
Party B:
Contract duration From: of 2011 To: of 2012
1. Party A’s Responsibilities
1). Party A should offer Party B necessary working equipment.
2). Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government and regulations concerning the administration of foreign teachers.
3). Party A shall conduct direction, supervision and evaluation of Party B’s work.
4). Party A shall pay Party B the monthly salary on the 5th of every month, and if any unexpected accidents happen (i.e. the problems with the bank), Party A shall inform Party B in advance.
5). In case that Employee fails to pass monthly or annual inspection or inspections during term of the contract, and that employee fails to agree or to change his/her position or pass the inspection even after Employee takes different position, the contract shall be terminated and economic compensations shall be made to Employee in accordance with relevant regulations.
2. Party B’s Responsibilities
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). During the term of the contract, Employee shall not be employed by any third party without written consent of Party A. In case that the foregoing is violated, Party A shall terminate this contract subject to actual violation. Party B shall be billed for the actual economic loss incurred by Party A, as penalty. Party B should pass
3). Party B will receive comprehensive training prior to take up his position in the first month. During this month Party B should be familiar with the teaching material, teaching methods£¬sit in the class and watch the class vedio. Party B should pass the trial class then could become the formal staff, otherwise will be fired.
4). Teaching hours are no more than 85 hours per month .Party B will have no more than 45 office hours per month. Party B will have two days off per week (not consecutive days). Party B shall be available during days off for some emergencies, and when some teachers are ill, Party B shall offer the help when it is possible.
5). Party B shall maintain a good relationship with both the staff and students. Once there is a problem, a report shall be made to the director. Any conflicts with the staff or the students will be considered as the breach of the contract by Party B.
6)£®Party B should attend meeting £¬training and any other activities as Party A requires.
7). Party B shall do the visa by herself/himself first. After the one-year contract, Party A will return the money that Party B used to do the visa during the past year.
3. Salary and Overtime
1). 8,000 RMB/month for 85 working hours and _45_ office hours per month. Working not more than 130 hours every month. A normal hourly wage of
61 RMB/hour. Any service requested beyond the 85 hours/month will be paid at 80 RMB/hour.
2) Working hours less than 50 hours per month£¬the salary is 80% of 8,000RMB. That is 6400 RMB.
3).The first month is the probation. The salary is 80% of 8,000RMB. That is 6400 RMB for probation.
4). Party B shall finish demo classes. Party A shall arrange and inform Party B of it at least one day ahead.
4. Living Arrangements
Party A provides Party B with necessary working and living conditions. Party B will be responsible for utilities bills and other expenses (i.e. you damage some something in the apartment).
5. Medical Insurance; Sick Leave; Personal leave
1). After Party B signs the contract (from State Administration of Foreign Experts Affairs, P.R.China) with Party A, Party A shall pay for the medical insurance in the duration of the contract.
2). For sick leave, a medical certificate or note hospital doctor should be presented to Party A within 24 hours. In this case, one day salary will be normal. Otherwise, if without a Doctor's Certicate, one day salary will be deducted.
3). If Party B asks for the personal leave because of his own reasons, Party B should apply for it one week in advance, in that case Party B’s salary will be deducted the daily salary per day for every personal leave (one day) .If the school did not get the application before one week, then Party B’s salary will be deducted 2 times as much as the daily salary per day for every personal leave (one day).
4).If Party B wants to terminate the contract with Party B. Party A must give Party B one month's advance notice.
If Party B goes against this, Party A will deduct Party B's by one month salary.
6. Vacation
1). All the holidays will be the same as the Chinese teacher as Party A requires.
2).After the one-year contract, Party B will have a ten days' annual vacation.
7. Airfare allowance
1) .For one-year contract, if Party B wants to fly back to their home country, then returns to Clong employment, Party A will provide a round-trip ticket for re-commencement of employment.(ticket fees provision to a maximum of 8,000RMB). If Party B does not wish to re-commence employment with Clong, after the expiration of the 1 year contract Party A will re-reimburse Party B’s flight expense to China up to a maximum 4,000RMB.
2) .If Party B breaks the contract before it is finished, the allowance will not be given to Party B.
8. Breaking the contract
Party B is considered as breaking the contract and Party A is entitled to enforce monetary penalties under the following conditions:
1). Party B breaks either Article in this contract or does not make any improvement after the warning given by Party A.
2). Party B cannot restore to his normal work after a continuous leave of absence.
3). If Party B is convicted of any criminal offence.
4). If Party B is not qualified to the teaching position according to the evaluation by the students; or Party B doesn’t accept the training by Party A or Party B couldn’t make any improvement after the training or Party B behaves badly.
5).If Party B wants to stop working with Party A, Party B needs to inform Party A one month earlier.
6). _5 (Five)___ days after the cancellation requirements have been met, party A will write a suitable Letter of Release for Party B, stating in both English and Chinese that he has met all his responsibilities and is no longer obligated to work at _________ school. The letter will bare the date and all the official stamps of the school. The letter will be left in a secure area of the school accessible by anyone in an administrative capacity. The letter is not to be sealed in any kind of envelope. The teacher is allowed to personally go to the school to collect the Letter of Release.
Both parties agree that under no circumstances may the original Release Letter be delivered by post. It can only be picked up by the teacher in person."
9. Confidentiality
1). Party B shall not disclose information of salary or allowances to others without consent of Company.
2). During the term or after leaving Company, employees shall keep Company’s commercial materials and other business information confidential.
3). Upon termination of employment, employees shall promptly return all assets or relevant business materials, including materials, memorandums, notes, pictures, records, figures, plans or other documents related to Company enterprises and customers.
10.Regulations
1).Have a good attitude towards work.
2).Keeping good reputation as foreign experts. (Never quarrelling, being drunk or getting in fight)
3). Teachers who are late for the class or leave the school early are subject to penalties. Party B shall take the responsibility of economic compensation for actual economic loss occurred.
4).Missing work without consent will be regarded as breaking the contract (will be deducted the whole month salary).
This contract will take effect on the date signed by both Party A and Party B 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 30 days prior to the expiration of the contract, and sign the new contract with mutual consent. Further, if Party B breaks the contract, it must pay a breach penalty of US $2000 (or the equivalent in RMB).
By signing below, Party A and Party B agree to all of the terms outlined in this contract.
Party A: Party B:
Date: Date: |
Clong Education which is invested with ten million RMB by Jiangsu Clong Investment CO.LTD was established in Taizhou in 2008.
