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TYPICAL TEACHING CONTRACT IN CHINA
Please note the following is a general guide and will differe bewteen schools.
Employer,________________ wishes to hire Employee _________ as ___________. The two parties, agree to sign this contract and promise to fulfill conscientiously all the obligations mentioned within.
The period of service will be from the ____ day of _______, 20 ___________ to the __________ day of __________, 20_______.
The duties of Employee (see below)
IV. Employee’s monthly salary will be______ Yuan RMB, ____% of which can be converted into foreign currency monthly.
1.Employer’s Obligations Employer shall introduce to Employee the laws, decrees and relevant regulations enacted by the Chinese government, Employer’s work system and regulations concerning administration of foreign teachers.
Employer shall conduct direction, supervision and evaluation of Employee’s work.
Employer shall provide Party B necessary working and living conditions.
Employer will provide co-workers within working place.
Employer shall pay Employee’s pay regularly by the _____ of the month. |
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2. Employee’s Obligations Employee shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
Employee shall observe Employer’s work system and regulations concerning administration of foreign experts and shall accept Employer’s arrangement, direction, supervision and evaluation in regard to his/her work. Without Employer’s consent, Employee will not perform service elsewhere or hold concurrently any position unrelated to the work agreed with Employer.
Emplyee shall complete the tasks agreed on schedule and guarantee the quality of work.
Employee shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
Employee shall respect the Chinese people's moral standards and customs.
3. Revision, Cancellation and Termination of the Contract Both parties should abide by the contract and should refrain from revising, cancelling, or terminating the contract without mutual consent.
The contract can be revised, cancelled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
Employer has the right to cancel the contract with a written notice to Employee under the following conditions:
Employee does not fulfill the contract obligations according to the terms mentioned in this contract and has failed to amend after Employer has pointed it out.
According to the doctor's diagnosis, Employee cannot resume normal work after a continued 30 days sick leave.
Emplyee has the right to cancel the contract with a written notice to Employer under the following conditions.
Employer has not provided Emplyee with necessary working and living conditions as mentioned in the contract.
Employer has not paid Emplyee as scheduled.
4. 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 US$ 500 to 2,000 (or the equivalent in RMB).
The appendix of this contract is an inseparable part of the contract and has equal effect.
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.
5. 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.
6. Free facilities and other aspects: 1. Accommodation- an apartment with one bedroom, living room, kitchen and bathroom (With air-condition, TV, Video, Telephone, Bed, Sofa.etc.). 2. Electricity, hot water and gas.
7. Air Fare: Return air-ticket will be reimbursed with satisfactory completion of one-year full-time service for Emplyer. The return air tickets should be under 1000USD.
8. (May or may not) Travel Bonus: Employee will be ______ Yuan travel bonus by Employer when one year contract finished.
9. Visas: Emplyer will process and pay for the work visa for the employee, but Employee should pay his/her own tourist visa (if applicable) to enter China.
10. Holidays: Depending on school plus national holidays.
11.Sick leave and other leave: Depending on school.
12. Health and Medical Care: The employee must conduct a medical examination at his/her own expense to certify that he/she
does not suffer from hepatitis or any other infectious disease before he/she leaves for China. The employee can receive free medical care at the schools clinic and pay the fee of the medical care outside the school.
13. Computer and Telephone: Emplyer provides the employee with the facility of computer and telephone, but the employee should pay for the Internet-fee (if applicable) and he/her will pay the phone call. The employee shall deposit ____ RMB both for internet fee and telephone fee before he/she leaves Party A (the contract expires), as the phone bill always comes at the end of the following month.
14. Copyright: Both the employee and the employer own one copy of the contract
15. Confidentiality: The employee shall not disclose his/her salary and the information of the contract to a third Party without the consent of the employer.
This attached contract is an integral part of the contract issued by China State Bureau of Foreign Experts.
Employee:
Signature: Date:
Employer:
Signature: Date:
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