外籍老师合同范本(1).doc

Contract No /合同编号： EMPLOYMENT CONTRACT劳 动 合 同Date/日期：20.06.2016Party A:XXX Training Center (“Party A”)甲方：培训中心 （以下简称“甲方”）Party B:MUNOZ GONZALEZ DANIEL (“Party B”)乙方：XXX（以下简称“乙方”） 性别：男 护照号码: XXXXXX 出生日期：1984年7月5日 After reaching agreement regarding the establishment of an employment relationship between them and such matters as their rights and obligations, etc, the Parties hereby enter into this Contract based on the principles of good faith, equality and free will and pursuant to such relevant laws as the Labor Law of the Peoples Republic of China and the Employment Contract Law of the Peoples Republic of China.甲方和乙方就双方之间建立劳动关系及其权利义务等事宜，根据中华人民共和国劳动法及劳动合同法等相关法律的规定，本着诚实信用、平等自愿的原则，经协商一致，特签订本合同：Article 1. Position and Duties / 岗位和职责1.1Based on work requirements, Party A employs Party B to work for Shanghai CIIC International Training Center (the “Employer”) as a Spanish Teacher. 甲方根据工作需要，聘用乙方到上海中智国际教育培训中心 (以下简称“聘用方”) ，担任西班牙语教师（岗位/职务）。1.2Party Bs place of work shall be in Shanghai. 乙方的工作地点为上海。1.3Party B shall carry out the duties specified by Party A for his/her position. Party B shall complete his/her work on schedule and in the required quality and quantity. 乙方应履行聘用方制定的岗位职责，按时、按质、按量完成其本职工作。1.4Party B shall comply with the position to which he/she is assigned or transferred by the Employer based on its business needs and Party Bs ability and performance. 乙方应服从聘用方根据其经营需要、乙方工作能力及其表现而安排或者调动的工作岗位。Article 2. Contract Term / 合同期限2.1The Parties agree that the term of this Contract shall be decided in accordance with fixed term contract below / 甲乙双方同意按以下列方式确定本合同期限：Fixed-term contract. This Contract shall run from 2016.7.1 to 2017.6.30 and Party A employs Party B as a staff member under the contract system. The above term includes a probation period, which shall run from / to / .有固定期限：本合同自 2016 年 7 月 1 日起至 2017 年 6 月 30 日，甲方录用乙方为其合同制员工。其中 / 年 / 月 / 日至 / 年 / 月 / 日为试用期。Article 3. Labor Discipline and Rules and Regulations / 劳动纪律及规章制度3.1Party B shall voluntarily comply with state laws and regulations as well as public morality and professional ethics, and pro-actively protect the reputation and interests of Party A and the Employer.乙方应自觉遵守国家的法律、法规和社会公德、职业道德，自觉维护甲方和聘用方的声誉和利益。3.2Party B shall strictly comply with all rules, regulations, work procedures and labor discipline measures formulated and/or amended by Party A according to law.乙方应严格遵守甲方依法制定和修改的各项规章制度、工作程序、劳动纪律。3.3Party B shall strictly comply with all rules, regulations, work procedures and labor discipline measures formulated and/or amended by the Employer according to law.乙方应严格遵守聘用方依法制定和修改的各项规章制度、工作程序、劳动纪律。3.4Party B signs a separate non-disclosure agreement with Party A, Party B must keep Party As trade secrets confidential during the contract term and after he/she leaves his/her position; Party B may not engage in the work which directly competes with Party A specified in the non-compete agreement. During his tenure, the copyright of outcome of all involved in teaching and research aspects are owned by the company.如乙方与甲方另行签订保密协议的，在合同期间及离职后，乙方必须保守甲方的商业秘密；乙方不得从事竞业禁止协议所约定的与甲方有直接竞争关系的工作。任职期间参与所有教研方面的成果版权均归公司所有。3.5If Party B enters into any other special agreement with Party A, such as a training agreement, etc., Party B shall strictly comply with the same.如乙方与甲方有其他特殊约定，如培训协议等，乙方应严格遵守。Article 4. Working Hours / 工作时间4.1Party B agrees to accept the Employers system of flexible working hours formulated in accordance with relevant state regulations; and Party B shall comply with the shift and working hours schedule allocated by the Employer. Party B will have at least one day of rest each week, but these will not necessarily be weekends.乙方同意接受聘用方按照国家有关规定制订的弹性工作时间制度，并应遵守聘用方分配的班次及工作时间表。乙方每周将有至少一个休息日，但不一定是周末。4.2Depending on work needs, the Employer may arrange for Party B to work overtime. To work overtime, Party B must obtain the Employers written consent.聘用方可以根据工作需要安排乙方加班。乙方加班必须获得聘用方书面同意。Article 5. Labor Remuneration and Welfare Benefits / 劳动报酬及福利待遇5.1Provided that Party B attends work normally each month and works normally for the Employer, Party B has the right to receive the labor remuneration paid by the Employer.乙方在每个月正常出勤并提供正常劳动给聘用方后，有权获得聘用方支付的劳动报酬。5.2Party Bs pre-tax monthly salary shall be RMB_6000_with 45hours (the excess part of the salary will be RMB_169_per hour) calculated on the basis of a 12-month year.乙方的税前每月基本工资为人民币_6000_元，基本课时数45小时，超出部分工资为人民币_169_元每小时，以每年12个月计算。5.3If the Employer changes Party Bs position, it may correspondingly increase or decrease Party Bs remuneration package at any time, and Party B shall comply with the Employers decision.聘用方可以根据乙方工作岗位的变更而随时相应地提高或者降低乙方的报酬待遇，乙方应服从聘用方的决定。5.4Party Bs other welfare and benefits shall be stipulated separately in the engagement letter and employment contract signed by Party B and the Employer.乙方的其他福利和待遇在乙方和聘用方的签订的聘用书和劳动合同中另行约定。Article 6. Labor Protection and Working Conditions / 劳动保护和劳动条件6.1Party B is entitled to the statutory holidays specified by the state as well as such paid leaves as marriage leave, bereavement leave, annual leave, etc.乙方享有国家规定的法定节假日和婚假、丧假、年休假等有薪假期。6.2Party B is entitled to the standard of working conditions specified by the state and Shanghai Municipality and a safe, hygienic work environment.乙方享有国家和本市规定标准的工作条件和安全、卫生的工作环境。Article 7Party A may summarily terminate this Employment Contract without payment of severance to Party B and the Parties shall carry out procedures for dismissal according to law, if:乙方有下列情形之一的，甲方可以即行解除本劳动合同，不给予乙方任何经济补偿，双方依法办理退工手续：7.1during the probation period, Party B is proved by the Employer not to satisfy the recruitment conditions, and the Employer terminates his/her employment;乙方在试用期内被聘用方证明不符合录用条件的，被聘用方解除聘用的；7.2Party B seriously violates the labor discipline or the rules and regulations of the Employer, and the Employer terminates his/her employment;乙方严重违反聘用方的劳动纪律或规章制度的，被聘用方解除聘用的；7.3Party B causes major damage to the Employers interests through gross negligence or graft, and the Employer terminates his/her employment;乙方因严重失职、营私舞弊给聘用方利益造成重大损害，被聘用方解除聘用的的；7.4Party B has used such means as deception or coercion, or taking advantage of Party As or the Employers difficulties, to cause Party A and/or the Employer to conclude or amend the Employment Contract contrary to their/its true intent, thereby invalidating the Employment Contract;由于乙方以欺诈、胁迫或乘人之危的手段，使甲方和聘用方在违背真实意思的情况下订立或变更劳动合同，致使劳动合同无效的；7.5Party B additionally establishes an employment relationship with an entity other than Party A and the Employer;乙方同时与甲方和聘用方以外的其他用人单位建立劳动关系；7.6Party Bs criminal liability is pursued or Party B is sent for re-education through labor in accordance with the law;乙方被依法追究刑事责任或劳动教养的；7.7Party B is discovered to have provided false personal information or certificates to Party A or the Employer or to have concealed a history of serious illness or other important matters at the time of recruitment; 乙方被查实在应聘时向甲方或聘用方提供的个人资料及相关证明是虚假的或隐瞒重大疾病史及其他重要情况的；7.8Party B has concealed from Party A or the Employer that he/she has not terminated his/her employment relationship or has other outstanding business with his/her previous employer and may not, pursuant to the employment contract with such previous employer or under laws and regulations, conclude an employment contract with Party A and the Employer.乙方向甲方和聘用方隐瞒其与原单位尚未解除劳动关系或尚有其他未了结事的，按原单位劳动合同约定或法律规定不能与甲方和聘用方签订劳动合同的。Article 8.Party B may terminate this Employment Contract:凡有下列情形之一的，乙方可以解除本劳动合同：8.1during the probation period, in which case Party B shall give Party A three days prior notice;在试用期内，乙方应当提前三日通知甲方；8.2if Party A or the Employer breach this Contract by failing to provide the working conditions or the mandatory safety and hygiene conditions stipulated herein, or the Employer refuses to pay Party Bs labor remuneration;甲方或聘用方未按照合同约定提供劳动条件和合格的安全卫生条件的违反本合同规定，或者聘用方拒不支付乙方劳动报酬的；8.3if the Employer fails to punctually pay the labor remuneration in full;聘用方未及时足额支付劳动报酬的；8.4if Party A or the Employer fails to pay social insurance premiums for Party B in accordance with the law;甲方或聘用方未依法为乙方缴纳社会保险费的；8.5if the rules and regulations of Party A or the Employer violate laws or regulations and harm the rights and interests of employees;甲方或聘用方的规章制度违反法律、法规的规定，损害劳动者权益的；8.6if Party A or the Employer take advantage of Party Bs difficulties to cause him/her to conclude the Employment Contract contrary to his/her true intent;甲方或聘用方乘人之危，使乙方在违背真实意思的情况下订立劳动合同的；8.7if Party A or the Employer uses violence, intimidation or unlawful restriction of personal freedom to compel Party B to work;甲方或者聘用方以暴力、威胁或非法限制人身自由的手段强迫乙方劳动的；8.8if Party B resigns by giving Party A the advance written notification specified in the engagement letter and employment contract between Party B and the Employer; 乙方按照乙方和聘用方之间的聘用书和劳动合同的约定的提前通知期限，提前向甲方书面提出辞职的；8.9in other circumstances specified in laws and regulations under which a worker may terminate his/her employment contract.法律、法规规定劳动者可以解除劳动合同的其他情形。Article 9.Other conditions under which the Contract shall be terminated or end are as follows:其他合同解除或终止的条件：9.1this Contract shall end upon the expiration of its term;本合同期满即终止；9.2the provisions of laws and/or regulations result in the termination of this Contract;根据法律、法规的规定而导致本合同终止的；9.3if a condition for termination specified in the engagement letter or employment contract between Party B and the Employer arises, thereby triggering termination of such engagement letter and employment contract, this Employment Contract shall terminate.乙方和聘用方之间的聘用书和劳动合同约定的解除和终止条件出现而导致聘用书和劳动合同的，本劳动合同即终止。Article 10.Party B may not terminate this Employment Contract pursuant to Article 8.8 hereof if:乙方不得依本劳动合同第8.8条的约定解除本劳动合同的情形：10.1he/she has caused Party A or the Employer to sustain economic losses and the matter has not been fully resolved;乙方给甲方或聘用方造成经济损失未处理完毕的；10.2he/she is the subject of an on-going investigation by a relevant state authority according to law;乙方被有关国家机关依法审查尚未结案的；10.3the Employer has invested in training Party B and the agreed term of service has not yet expired;乙方与聘用方就出资培训、约定的服务期限尚未期满的；10.4special state or local regulations so specify.国家或地方有特别规定的。Article 11. Miscellaneous Provisions /其他规定11.1Party B shall enter into a separate engagement letter and an employment contract with the Employer, which shall set out in detail the employment relationship between Party B and the Employer; however, Party A shall not be required to bear joint and several liability with respect to the aforesaid agreements between Party B and the Employer.乙方应当与聘用方另行签订聘用书和劳动合同，以就乙方和聘用方之间的劳动关系予以详细约定，但甲方无需就上述乙方和聘用方之间的协议承担连带责任。11.2When Party B leaves his/her employment with the Employer, he/she shall duly hand over his/her work. Party B may not for any reason retain any item which belongs to the Employer.乙方离开聘用方时，应妥善完成交接工作，不得以任何理由扣留属于聘用的任何物品。11.3If either Party sustains losses due to a breach of this Contract by the other Party, the Party in breach shall compensate the other Party for the financial losses sustained by it, him or her.甲乙双方因违反本合同而给对方造成经济损失的，违约方应赔偿对方由此产生的经济损失。11.4If this Employment Contract conflicts with current laws, regulations, rules or policies or is inconsistent with any law, regulation, rule or policy as amended, the new law, regulation, rule or policy shall prevail.本劳动合同如与现行的法律、法规、规章或政策规定相抵触的，或者因法律、法规、规章或政策变更而不一致的，以新的法律、法规、规章和政策为准。11.5This Employment Contract shall enter into effect on the date on which Party B reports for work with the Employer and both Parties have affixed their signatures or seals hereto. Any matters not covered herein may be agreed on b