Employ foreign teacher for
______School of China foreign teacher
Employment contract
I.
________ School of China (Party of employer) wishes to
hire Mr(Ms)________(nationality)________(name)________(Chinese
name) (Party of employee) as an English infant 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 the______day of______,20__
to the ______day of______,20__
III.
The duties of Party of employee: Education of English in
kindergarten (see attachments)
Ⅳmonthly
salary of Party of employee will be
¥8000
yuan RMB, part of which can be converted into foreign currency
according to foreign exchange control regulations.
V.obligations of Party of employer
1.
Party of employer shall introduce the laws, decrees,
regulations concerning administration of foreign experts and
relevant regulations enacted by the Party of employer.
2.
Party of employer shall conduct direction, supervision and
evaluation of the work of Party of.
3.
Party of employer shall provide Party of employee with
necessary working and living conditions.
4.
Party of employer shall provide co-workers.
5.
Party of employer shall pay salary regularly to Party
employee.
VI.
obligations of Party of employee
1.
Party of employee shall observe the laws, decrees and relevant
regulations enacted by the Chinese government and shall not
interfere in China's internal affairs.
2. Party of employee shall observe the work system of party of
employer and regulations concerning administration of foreign
experts and shall accept the arrangement, direction,
supervision and evaluation from party of employer in regard to
his/her work. Without the consent of party of employer, Party
of employer shall not render service unrelated to the work
agreed on with Party of employer.
3.
Party of employee shall complete the tasks agreed on schedule
and guarantee the quality of work.
4.
Party of employee shall respect China's religious policy, and
shall not conduct religious activities incompatible with the
status of an expert.
5.
Party of employee 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 of employer has the right to cancel the contract with a
written notice to Party of employee under the following
conditions;
(1)
Party of employee does not fulfill the contract or does not
fulfill the contract obligations according to the terms
stipulated, and has failed to amend after Party of employer
has pointed it out.
(2)
According to the doctor's diagnosis, Party of employee cannot
resume normal work after a continued 30 day sick leave.
4.
Party of employee has the right to cancel the contract with a
written notice to party of employer under the following
conditions:
(1)
Party of employer has not provided Party of employee with
necessary working and living conditions as stipulated in the
contract.
(2)
Party of employer has not paid Party B as scheduled.
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 5000 yuan RMB.
If
Party of employee asks to cancel the contract due to events
beyond control, it should produce certifications by the
department concerned, obtain the consent of party of employer,
and pay its own return expenses; If Party of employee cancels
the contract without valid reason, it should pay its own
return expenses and pay breach penalty to Party of employer.
If Party of employer asks to cancel the contract due to events
beyond control, with the consent of Party of employee, it
should pay return expenses for party of employee; if Party of
employer cancels the contract without valid reason, it should
pay return expenses and a breach penalty to Party of employee.
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 of employee 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 signed this_____ day of _______,20__, in
duplicate, in the Chinese and English ,both texts being
equally authentic.
Party
of employer (Signature)
Party
of employee (Signature)
---------------------------
Employ
foreign teacher for ________School of China
Attachment
of foreign teacher Employment contract
A.
Tasks of work:
The
employee should be able to communicate with the children in
the kindergarten using standard English. The employee is asked
to play games, do exercises, attend activities, and teach
children to rehearse and play dramas, in order to let children
understand and speak daily topics (written English is not
acquired). The education schedule and final summary should be
provided by the employee.
B.
Salary
1.
Direct payment
The
employee will be paid by cash 8000 yuan RMB monthly. The
salary will be paid by RMB from the date when the service will
be provided to the date when the contract is fulfilled. The
salary will be paid every month. The salary will be calculated
by days if the service is not provided as a whole month. Daily
salary will be 1/30 of monthly salary (same in Feburary). 70%
of the salary or under can be converted to foreign currency.
The employee should pay the individual income tax in respect
to “PRC law on personal income tax”
2.
Indirect payment: Party of employer will guarantee the basic
living condition in China:
(1)
The living and dining of Employed teachers will be arranged
inside the kindergarten. The furniture, bed, telephone,
television, refrigerator, bathroom and air conditioner will be
included in the rooms provided for living.
(2)
The medical expenses will be provided by public medical
services for party of employee in designated hospital for
medical treatment to foreigners, in the non-designated
hospitals for medical treatment at their own expense. In
addition, registrations, medical transportation, embed teeth,
face-lifting, health massage. Spectacles. Hospital meals and
the use of non-medical drugs and doctors visits supplement the
costs themselves.
(3)
International air travel (Closest distance from the country of
party of employee to China international economy class airfare
recent)
(4)
luggage transportation costs (if by air, 24 kg of baggage
should be separated transport price valuation. Not to random
transport price valuation. )
C.
working hours and rest leave
1,
Party of employee work for eight hours daily, weekly working
hours to five days.
2,
Party of employee can enjoy the Chinese festive leave :
New
Year's Day and Spring Festival, International Labor Day,
National Day and the laws and regulations of other holidays.
3,
Party of employee can enjoy day leave depending on their
nationality and belief. For example: Christmas day 2 days.
D,
sick leave and leave
1,
Party of employee is able to ask sick leave with a designated
foreign medical certificate by party of employer. Party of
employee is paid with the wages to 100% in a contract period,
with 30 days of sick leave. Party of employer can terminate
the contract if the sick leave is more than 30 days. If not
cancelling the contract, wages will be issued to 70%, up until
the resumption of normal work.
2.
In the contract period, party of employee has to take care of
the cost of private medical care and medical visits in Taiwan,
Hong Kong, Macao and overseas Chinese medical treatment at
their own expense.
3,
Party of employee must request leave under the agreement of
party of employer, who will hold daily wages. In the contract
period, no more than 10 days accumulated leave is allowed. The
leave must be no more than three days in a row. Otherwise, two
days of wages will hold for the leave of one extra day.
If
party of employee is absent without the consent of party of
employer, three days wages will hold for every day of
unauthorized absence. In severe cases, party of employer is
entitled to cancel the contract, and accuse the responsibility
for the violation.
E,
contract probation and credibility Margin
1,
the probationary period of party of employee is 60 days,
during the trial period, party of employer reserves the right
to cancel the contract if the health condition or the
competent professional level are not qualified.
2,
Party of employer can provide the economic class international
air travel tickets as credibility deposit, which will be
reimbursed before the contract expires.
F,
The other issues that the standard employment contract does
not covered concerning by both parties.
G,
the provisions of this employment contract attachment must be
identified and changed in the consultation and agreement of
both parties, and stipulated in written announcement, any oral
agreements are regarded as invalid.
This
attachment has the same effect with the standard employment
contract, which is an integral part of the contract.
Party
of employer signature date
Party
of employee signature date
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