Key clauses of the contract are listed below, you can please click here to download the full contract in word format.
WHEREAS Party A wishes to employ Party B as a foreign teacher in China. The two parties, with friendly negotiation, agree to sign this contract and pledge to perform all the stipulated obligations.
II. Stipulations of the Contract
i.Working Time
The working time is flexible and arranged by Party A. Party B should work according to Party A¡¯s curriculum (working time within 20 classes per week). Party B has the right to refuse any extra work.
ii. Salary and Reimbursement
Party B¡¯s monthly salary is RMB ____, payable on the last day of each month. Party B¡¯s salary will be released according to the contract. If Party B works for Party A less than one month, the salary will be paid by day, that is, he will get 1/30 of the agreed monthly salary per day.
Party A will reimburse Party B¡¯s 50% one-way of air ticket expense (for coming to China) if Party B works at least six months. Party A will also reimburse Party B¡¯s full amount of air ticket (for returning home) if Party B works at least one year. The total reimbursement will be no more than RMB 6000.
Party A or Party B¡¯s management company will pick up Party B when he arrives in China and the involved expense will be covered by Party A.
iii. Accommodations, medical treatment and others
a)Accommodations
Party A will provide a bedroom, a bathroom£¬a living room£¬a kitchen£¬a set of furniture£¬a TV£¬a washing machine£¬heating and cooling facilities. All the fees for water, electricity, gas and telephone will be covered by Party B. Party B should get Party A¡¯s consent if he wants someone to stay overnight. The apartment should not be far from the office, if not, Party A should offer Party B a proper transportation means for work.
Party A will pay Party B RMB for his meals at school each month. The payment method is same as the salary payment stipulated in the contract.
b) Medical Fees
Party A will reimburse Party B¡¯s medical fees in accordance with Chinese medical system.
c) Vacations
Winter and summer vacations: Party A will pay Party B RMB2,500 for his vacation (either winter or summer vacation) if he works for one year.
d) Holidays and others
Party B will celebrate Chinese holidays, his motherland¡¯s National Day and Christmas holidays. Party B will celebrate one of them if the two holidays are overlapped. For any special requirements, Party B can choose other time to celebrate the overlapped holiday upon Party A¡¯s consent.
e) Sick Absence
Party A will pay Party B ten full-salary days and ten half-salary days for sick absence during the contract duration.
Party B must show Party A the doctor¡¯s prescription if he is absent for more than 3 working days. Party A has the right to terminate the contract if Party B¡¯s sick absence days exceed 30 accumulated days during the contract duration. Under this circumstance Party B still has the other treatments except the salary until Party B resumes his work.
f) Leave of Absence
Party B must get consent from Party A if Party B wants to have a leave of absence. Party A will not pay Party B any salary during that period. The relevant involved fees will be deducted from Party B¡¯s salary.
During the contract duration, Party B will not be allowed more than 10 accumulated days for leave of absence. Party B should notify Party A at least 7 working days in advance except any special occasions.
If Party B is absent one day without Party A¡¯s consent, his three days¡¯ salary will be deducted by Party A.
III. Revision and Termination of the Contract
i. Both parties should abide by the contract and should not revise or terminate the contract without mutual consent in writing.
ii .Party A has the right to terminate the contract 14 days in advance by written notice to Party B under the following conditions.
a) Party B does not follow the contract obligations or does not make corrections after Party A points out its default.
b) According to the doctor¡¯s diagnosis, Party B cannot resume normal work after 30 consecutive days of sick leave.
c) Party B breaks Chinese laws, relevant regulations and causes serious results.
iv. If Party A wants to terminate the contract, he must notify Party B 14 days in advance by written document with acceptable reasons. Meanwhile, Party A should cover an air ticket expense and US$500 of breach penalty to Party B.
v. If Party B terminates the contract, he should notify Party A 14 days in advance by written document with acceptable reasons. Meanwhile, Party B has to cover his air ticket expense by himself and pay US$500 of breach penalty to Party A.
vi. If Party A terminates the contract because of force majeure with the consent of Party B, Party A should pay Party B returning expenses; if Party A breaks the contract without acceptable reasons, he should pay Party B returning expenses and US$500 of breach penalty to Party B.
vii. If Party B breaks the contract because of force majeure, he should submit valid testimony documents and get Party A¡¯s consent. Party B should cover his returning expenses by himself. If Party B breaks the contract without acceptable reasons, he should cover his own returning expenses and pay US$500 of breach penalty to Party A.
IV. Breach Penalty and Disputes
If one of the two parties fails to fulfill the contract obligations, that is, breaks the contract, he must pay US$500 of breach penalty or equivalent in RMB to the other party.
Any disputes, misunderstandings and disagreements should be resolved by friendly negotiation and discussion for the mutual benefit. The disputes have to be solved by arbitration if the negotiation fails.