CONTRACT
1 Party A, XXXXXXXXXXXXXX School, (hereinafter known as “Party A”) wishes to engage the service of Party B, Andy Williams (hereinafter known as “Party B”) .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.
2 The period of service will be from September 1st of 2010 to June 30th of 2011.
3 The duties of Party B: （see details in attached pages)
3.1 With respect to teaching requirements and in accordance with specific faculty conditions, Party A will define Party B's teaching tasks and requirements in consultation with Party B. These requirements will be made clear to Party B.
4 Party B's probation salary will be RmbXXXX yuan for the first month and RmbXXXX yuan for each month afterwards for the rest of the period of service. The work of Party B is agreed to be as follows: for each month (4-4.5 weeks) having 72-81 English teaching periods plus 2-5 periods of meetings with administration and activity periods like English corners. Any activity periods over the monthly workload of 81 periods and 5 periods of meetings and activity, such as promotional activities by the school, will be counted as overtime and Party B will be paid in accordance with the agreed hourly allotment for overtime.
5 Party B will receive a total of Rmb5000yuan as international airfare allowance. This will be paid in the following manner: Rmb5000yuan to be paid within 2-5 days based on your original air-ticket paper (required by the relative policy from the tax bureau) upon the successful completion of the contract.
6 Party A's Obligations:
6.1 Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, as well as Party A's work system and regulations concerning administration of foreign teachers.
6.2 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 one 1-2-room unshared apartment and unshared Kitchen which will be furnished and equipped with recommended furniture.
6.3 Party A shall pay Party B's salary regularly by the month.
7 Party B's Obligations:
7.1 Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
7.2 Party B shall observe Party A's working system, regulations and directives 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.
7.3 Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
7.4 Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of a teacher.
7.5 Party B shall respect the Chinese people's moral standards and customs.
8 Revision, Cancellation and Termination of the Contract:
8.1 Both parties should abide by the Contract and should refrain from revising, canceling, or terminating the Contract without mutual consent.
8.2 The Contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the Contract should be strictly observed.
8.3 Party A has the right to terminate this Contract with a written notice to Party B under the following conditions:
8.3.1 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.
8.3.2 According to a doctor's diagnosis, Party B cannot resume normal work
after a continued 20-day sick leave.
8.4 In the event of a gross act of misconduct being committed by Party B, Party A, may at its discretion summarily dismiss Party B without notice. Under such circumstances, Party A will reclaim the flight money, sick leave entitlement, Party A contribution to Party B’s health insurance, payments made toward Party B's working visa.
8.5 Party A may, if dissatisfied with Party B's` performance, terminate this contract prior to the completion of the contract. Under such circumstances Party A will not reimburse any the flight money.
8.6 Party B has the right to cancel the Contract with a written notice to Party A under the following conditions:
8.6.1 Party A has not provided Party B with necessary working and living
conditions as stipulated in the Contract.
8.6.2 Party A has not paid party B as scheduled.
9 Breach Penalty:
9.1 If either of the two parties fails to fulfill the Contract obligations according to the terms stipulated (i.e., breaks the Contract), there will be a breach penalty of RmbXXXX yuan ( equal to 2 month salary of Party B).
9.2 If Party B asks to cancel the Contract due to events beyond his/her control, he/she should produce certifications by the department concerned, obtain Party A's consent, and pay his/her own return expenses. If Party B cancels the Contract without valid reason, he/she will pay his/her own return expenses and pay a breach penalty to Party A.
9.3 If Party A asks to cancel the Contract due to events beyond its 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 The appendix of this contract cannot be separated and has the same validity as the contract.
11 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 new contract, it should forward its request to the other party 90 days prior to the expiration of the Contract, and sign the new contract with mutual consent. Party A will not provide free accommodation to Party B while Party B is staying on after the Contract expires.
12 This Contract shall be governed by and interpreted in accordance with PRC laws.
13 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 may appeal to the organization of arbitration for foreign expert's affairs in the State Bureau of Foreign Experts and ask for a final arbitration.
14 Disputes
14.1 Both parties shall resolve their labor disputes through consultation. If no agreement can be reached through consultation, both parties agree to submit the disputes to Party A's local labor arbitration committee for arbitration.
14.2 If either party does not agree with the arbitration award in accordance with Clause 14.1, it may submit the disputes to the courts where Party A is located.
15 This Contract is signed at Nanchang , Jiangxi, China, in duplicate, the day of April 22nd, 2010.
Party A: Party B:
(Signature) (Signature)
APPENDIX
1 Work assignment
1.1 Party B shall accept Party A’s work assignments, including 72-81 English teaching hours plus 2-5 periods of meetings with administration and activity periods. Any activity periods over the monthly workload of 81 periods and 5 periods of meetings and activity, such as promotional activities by the school, will be counted as overtime and Party B will be paid in accordance with the agreed hourly allotment for overtime.
1.2 Party B shall strictly carry out the teaching plans and syllabus, prepare lessons carefully and apply flexible teaching methods according to the students’ level. Party B may provide some teaching materials connected with the main teaching materials provided by Party A.
2 Salary
2.1 Direct payment
2.1.1 Monetary salary for the probation period of one month is RmbXXXX yuan /month while the salary for the rest of the period of service is RmbXXXX yuan /month. The payment for January and February will be counted pro rata by the days that Party B has worked. Salary payment after tax will be paid into a bank account agreed by Party A on the 15th of the following month (Party B will be paid from the first day to the end day of the previous month, if the payday falls on Saturday or Sunday, it will be postponed one or two days later). In case the working time is shorter than a whole month, the payment shall be counted pro rata by day. The daily wage shall be 1/30 of the monthly salary (the same with February). Party B agrees that his/her salary will begin from the first day of the class he/she will be teaching. According to the national regulations, no more than 50% of the salary can be changed into foreign currencies monthly (to be handled in June and December each year). Party B shall pay the personal income tax in accordance with the Personal Income Tax Law of the People’s Republic of China.
2.1.2 Party B shall be entitled to foreign teacher/experts treatment and under one academic year contract shall receive a total of Rmb5000 yuan as international airfare allowance when the contract has been completed, and the whole allowance can’t be changed into foreign currency.
2.2 Indirect Payment
Party A will guarantee adequate living conditions for Party B in China.
2.2.1 Dwelling
Party A shall provide Party B with free housing equipped with working and reliable / Recommended furniture, bedding, a bath room, a washing machine, a TV set, a micro-wave oven, a refrigerator, air-conditioner, water dispenser, gas cooker (a gas bottle will be provided by Party A but the expenses of meals and gas shall be borne by Party B), telephone connection and Chinese kitchen utensils. The meals shall be arranged by Party B.
2.2.2 Medical care and Insurance
Party A will provide Party B with free medical care on the school clinic and buy PICC Comprehensive Medical Insurance for Foreign Expatriates and Chinese Citizens from Hong Kong and Macao to cover the medical and accident insurance. For details please refer to www.picchealth.com. Expenses for registration, tooth inlaying, dental cleaning, face lifting, massage, glasses, meals in hospital, tonics not for medical purpose, and doctor’s house calls shall be covered by Party B. Any other elective surgery or illness expenses shall be covered by Party B.
2.2.3 Transportation
Party A shall provide cars freely for Party B on trips concerning Party A’s business.
2.2.4 Telecommunication, Water & Electricity
Party A shall provide Party B with free Internet connection in the office. Party A shall pay up to Rmb300 yuan for water, electricity, monthly telephone and internet connection service charges to related government departments for Party B each month. Any amount over that shall be the responsibility of Party B and shall be deducted from payments due Party B each month. Party A will check such amount at the end of each month.
3 Work Time, Rest and Holidays
3.1 The work time of Party B shall be 5-6 days/week with one or two days off. Party A is sometimes open at weekend so Party B should expect to work at the weekend.
3.2 If Party A arranges overtime work for Party B, Party A will pay Party B Rmb 70 yuan per teaching hour. Party A will check the extra teaching hours at the end of each month.
3.3 Party B is entitled to 9-10 days of holiday including Middle-autumn Festival (1day), National holiday(3days), New Year holiday(1day) , Tomb-sweeping Day (1day), May Day holiday（1day）and Dragon Boat Day(1day). In addition, he/she will have a 1-2-day leave at Christmas (paid leave).
4 Sick leave and private affairs leave
4.1 Sick-leave Certificates from doctors for foreigners appointed by Party A should be presented when Party B asks for sick leave. If the sick leaves amount to less than half a day in one month, no salary will be deducted. If the sick leaves amount is more than half a day in one month, a deduction by day will be made for Party B’s sick leaves. If the sick leaves amount to more than 20 days within one contract term (one year or one academic year), Party A has the right to terminate the contract.
4.2 In the event that Party B missed class for personal reasons, Party B is expected to make up the missed classes as soon as possible.
5 Party B cannot accommodate a guest for the night without permission of Party A. Party B cannot indulge in excessive drinking. Party B cannot raise pets on campus.
6 The Probation period of the Contract
The probation period of Party B shall be 30 days. During the probation period, if Party A discovers that Party B is unfit for the assignment specified in the Contract for reasons of health or professional ability, Party A has the right to terminate the Contract. It is not the behavior of breaching the contract.
7 Visa
Party A shall sponsor Party B for a Working Visa. Party A shall pay most of costs incurred within China by Party B to obtain the visa including the mandatory health check and travel expenses (train based on most economical range). Party B shall be responsible for the submission of all relevant documentation (including visa photos) from the proper authorities and for all actions necessary to maintain the validity of the visa.