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Contract for ESL Teachers
Party A: Go-China Center
Party B:
I. Party A wishes to engage the services of Party B as an ESL 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 10th day of February to the 10th day of August.
III. The duties of Party B (see attached pages)
IV. Party B’s monthly salary will be 4,000 Yuan RMB; the pay day is every month. If not a full month, the salary will be prorated (day’s times salary/30).
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 teachers. 2. Party A shall conduct direction, supervision and evaluation of Party B’s work. 3. Party A shall provide Party B necessary working and living conditions. 4. Party A shall provide co-workers for the first week if necessary.
VI. Party’s B Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China’s political affairs. 2. Party B shall observe Party A’s work system and regulations concerning administration of foreign teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regards 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 a teacher. 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 and agreement, the contract should be strictly observed. 3. Party B has the right to cancel 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 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 provide Party B with a necessary working and living conditions as stipulated in the contract (2) Party A 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 US $500 (or the equivalent in RMB).
If party B asks to cancel the contract due to events beyond control, it should produce certification 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 30 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 expert’s affair in the State Administration of Foreign Experts Affairs and ask for a final arbitration.
This contract is signed at _____, in duplicate, this day of _____, 20__, in the Chinese and English languages, both texts being equally authentic.
Party A
(Signature) X____________________
Party B
(Signature) X____________________
Attached Contract
Name of Employee: (Party B) I here by accept the Terms and conditions of employment as set our hereunder.
Name of Employer: (Party A)
Position: Full-time teacher of English as a Second Language (TESL)
Commencement Date:
Termination Date: 10th day of August
Duties
1. Prepare lessons well prior to teaching
2. Conduct English lessons
3. Assess students work
4. Take an active part in students’ extra-curriculum activities of Party A
Working Hours:
Work according to the time-table of Party A from Monday to Friday each week (except for holidays). Sometime Party B may need to work on special occasions, say the anniversary of the founding of Party A or any special promotional work an the employee is to be given day(s) off later or to be paid.
Workload:
Generally 16 to 20 face-to-face teaching periods (45 minutes for each period) should be delivered to the students every week. Any usually there might be 5 periods of English corner activities outside the classroom to be delivered to the students.
Salary:
The basic month salary is stipulated in the general contract and paid on the day agreed on the contract.
The winter vacation salary is 2/3 of a full month salary.
Free facilities and other things: 1. Accommodation- a flat with one bedroom, living room, kitchen and bathroom.
2. Electricity, hot water and gas.
3. Meals in the school, if not will get 300-Yuan food allowance each month.
Air Fares:
Return air-ticket will be reimbursed with satisfactory completion of full-year full-time service for Party A. The return air tickets should be under 1000USD.
Travel Bonus:
Party B will be paid 1100 Yuan travel bonus by Party A when one year contract finished.
Visas:
Party A will process and pay for the work visa for the employee, but Party B should pay his/her own visiting visa to enter China.
Holidays:
There are seven continuous days in Oct and 10 days in winder and Xmas 3 days new years 2 days. If some important activities of Party A happen to be on holidays, the employee will attend as well as Party A shall make up the holiday(s) or pay for him/her. The employee is not allowed to ask for a leave of tour except in holidays.
Sick leave and other leave:
If the employee has been sick and obtained the permission from the hospital that he/she could ask for a sick leave, the employee can receive RMB 30 Yuan for the sick leave allowance each day and no other salary during the period of his/her sick leave. If the employee has been sick for a continuous 30 days, Party A could terminate the contract according to the regulation of the contract issued by China State Bureau of Foreign Experts.
If the employee has to ask for personal leave during work time, he/she must obtain the permission from the school and the days of personal leave should not surpass 20 days, otherwise the school has the right to terminate to contract; if the employee neglects the work without any reason or asking during those neglecting day; if the employee has been neglecting the work for a continuous seven days, Party A shall has the right to fire the employee.
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.
Computer and Telephone:
Party A provides the employee with the facility of computer and telephone, but the employee should pay for the Internet-fee (if applicable) and he/she will pay the phone call.
Copyright:
Both the employee and the employer own one copy of the contract.
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: Go-China Center
Signature: ____________________
Date: ____________________
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