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CONTRACT SAMPLE:
This is a standard contract sample. The Department of Foreign Experts in China regulates contract law between teachers and schools. You can find this contract on many websites across the net. We have tailored a special contract that provides additional assurances and several other important matters. You will receive the original contract once the application package has been completed and you are registered online or you can choose to purchase a contract and tailor it to your own needs.
1. Party A
______________wishes to engage the service of Party B ___________________. The
two parties, in a spirit of friendly cooperation, agree to sign this contract
and pledge to conscientiously hold all the obligations stipulated in it.
2. The period of service will be from the day ________ of ________ to the day
___________ of ______________.
3. The duties of Party B
In the light of teaching requirement and in accordance with specific faculty
conditions, Party A will define Party B's teaching tasks and requirements in
consultation with Party B.
4. Party B's monthly salary will be ________Yuan RMB. The work of Party B is
agreed to be as follows: having ________teaching periods per week, teaching
English, mainly spoken English.
5. Party B will receive a travel allowance of ________Yuan a year and telephone
subsidy of ________ yuan a month and the equivalent of US$_________ in RMB (at
the exchange rate of the returning day) for ticket at the end of his/her
service.
6. Party A's Obligations
a. Party A shall introduce to Party B the laws, decrees and relevant
regulations enacted by the Chinese government, Party A's work system and
regulations concerning
administration of foreign teachers.
b. Party A shall conduct direction, supervision and evaluation of Party
B's
work. Party A shall provide Party B necessary working and living conditions
including an apartment of about 60 square meters which will be furnished and
equipped as Party B
requires.
c. Party A shall pay party B's salary regularly by the month.
7. Party B's Obligations
a. Party B shall observe the laws; decrees relevant regulations enacted
by
the Chinese government
and shall not interfere in China's internal affairs.
b. 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 regard 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.
c. Party B shall complete the tasks agreed on schedule and guarantee the
quality of work.
d. Party B shall respect China's religious policy, and shall not conduct
religious
activities incompatible
with the status of a teacher.
e. Party B shall respect the Chinese people's moral standard and customs.
8. Revision, Cancellation and Termination of the Contract
A. Both parties should abide by the contract and should refrain from
revising,
canceling, or
terminating the contract without mutual consent.
B. The contract can be revised, canceled, or terminated with mutual
consent.
Before both parties have reached an agreement, the contract should be
strictly observed.
C. Party A has the right to cancel the contract with a written notice to
Party
B under the following
conditions:
a. Party B does not complete the contract or does not complete the
contract
obligations according to the terms stipulated, and has failed to amend after
party A gas pointed it
out.
b. According to the doctor's diagnosis, Party B cannot resume normal work
after a continued
30-day sick leave.
D. Party B has the right to cancel the contract with a written notice to
Party
A under the following
conditions:
a. Party A has not provided Party B with necessary working and living
conditions as
stipulated in the contract.
b. Party A has not paid party B as scheduled.
9. Breach penalty
When either of the two parties fails to complete the contract obligations
according to the terms
stipulated, that is, breaks the contract; it must say a breach penalty of US$500
to 2000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should
produce certifications 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 would pay its own return expenses and pay a 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.
10. This contract takes effect on the date signed by both parties and will
automatically expire when the contract ends. If either or the two parties asks
for 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.
11. 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 affairs in State Bureau of
Foreign Experts and ask for a final arbitration.
This Contract is signed at ............., China, in duplicate, the day
of__________.
Party A ___________ Party B
___________
(Signature)
(Signature)