外教聘用协议.doc

ContractParty A _Round Table Academy_ wishes to engage the service of Party B _ as an English 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. The period of service will be from the day of _ _, to the day of _ _.The work time of Party B will be according to the regulation of Party A from _ _ .Additional work time for Party B shall be allocated by Party A in advance. Party A has the right to adjust the working hours according to the needs of the school but the total working hours will not be exceeded as stated in the contract.Party As obligations1. Party A shall introduce to Party B the laws, decrees and relevant regulation enacted by the Chinese government and shall not interfere in Chinas internal affairs.2. Party B shall observe Party As work system and regulations and shall accept Party As arrangement, direction, supervision and evaluation in regard to his/her work. Without Party As 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 Chinas religious policy, and shall not conduct religious activities incompatible with the status of a teacher.5. Party B shall respect the Chinese peoples moral standards and customs.Revision, Cancellation, Termination and Renewal 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 an agreement, the contract should be strictly observed.3. Party A has the right to cancel the contract immediately 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 doctors diagnosis, Party B cannot resume normal work after a continued 30 days sick leave.(3) Party B is absent without request twice or more during the designated contract.(4) Party B is found trafficking in any time during his/her work period or is intoxicated during working hours.(5) Party B is under the influence of illegal substances or poses risk of safety to the working environment.(6) Party B has failed to follow any of the regulations of this contract and to maintain professional conduct until his/her contract expires or complete.(7) If Party B has failed to maintain and improve his/her working attitude, failed to act upon directives, and failed to improve his/her performance or other misconduct(s).The dismissal will be instant for any action deemed unacceptable by Party A.4. Party A reserves the right to terminate this contract in the event of incompetence or violations against the employment regulations by Party B. 30 days advanced notice is required if Party A must terminate the contract.5. This contract will be considered to be terminated if the number of students of Party B decreased more than 1/3.6. Party B is required to fulfill this contract. His/Her failure to do so for any reason will result in a compensation for RMB5000. 30 days advanced notice is required if Party B must leave the post. Form of notice under 30 days will result in a penalty of RMB3000; however, advanced notice over 30 days will not resulted in compensation. During this 30 days advanced notice period, Party B shall still perform his/her duties as specified in the contract. His/Her failure to do so will result in another penalty of RMB5000.In the event of dismissal, Party B will receive his/her wage up to but not including the working day of dismissal, excluding all applicable penalties.7. The renewal of the contract every year will be based upon the teaching performance, working attitude, seniority, and annual evaluation of Party B and on the student re-enrollment rate concerning the teacher. The appendix of this contract is an inseparable part of the contract and has equal effect. 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 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. 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 experts affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.This Contract is signed at _ _, in duplicate.Party A: _ Party B: _ Signature: _ Signature: _Date: _ Date: _ Contact: _Contact: _Address: _Identification:_ THE APPENDIXJob Description1. Teaching and caring for the children.2. Required to prepare lesson plans, students evaluation & progress and class records according to the school requirements. 3. Party B is required to attend and support all activities held by Party A. These include all open house gatherings, morning exercises, performances, PTA meetings, teachers meetings and teachers training.4. Other teaching-related tasks assigned by the Teaching Director.5. Assisting in the marketing work if necessary.Salary1. The salary is RMB _ wage (before tax), RMB _accommodation (before tax) and RMB500 for full attendance bonus per month and RMB500 for transportation allowance per month. Note: Full attendance bonus means no sick leaves, lateness, personal leave and all other reasons that result in being absence from class.2. The salary will be paid to the Party B on the 10th of each month. The salary is calculated from 1st to 30/31st. If the payday falls on the weekend, it will be postpone to the following Monday.However, if Party B takes leave of absence or if there are holidays for 3 or more consecutive workdays before the payday, the payday will be delayed for a period equal in number to the days of absence. Party B is required to sign for his/her salary in person.3. Party B is responsible for the visa application documents and Party A will be responsible for assisting Party A to apply the visa. All the visa documents should be prepared by Party B before 1 week of work commencement unless under special circumstances.4. Party A will apply for foreign expertise permit and passport z visa for Party B providing that Party B has the proper documentation and qualify to do so. If Party B has the qualification of applying it, Party A will pay a maximum of RMB500 annually for government documents processing fees. Party A will pay for the medical checkup beforehand and after the medical checkup has been approved; Party B will reimburse the fees after Party A provides the receipts to the management with 1 day notice in advance. Party B will be responsible the visa application, medical checkup and all other processing fees if Party B is not qualify to apply and Party A will not be responsible for any kind of visa application.5. The fee for work permit or Foreign Expert will be paid by company so long as Party B works for Party A for at least one year. While it shall be kept by Party A and be returned to Party B as the employment ends. If leaving within one year, Party B will pay back the fee at a certain percentage to Party A according to the length of working month.6. Part B is required to sign in and out for work on time. Every 5 minutes lateness will result in a RMB25 reduction. This reduction will be doubled if such a situation occurs 2 or more times during a month. Being late for 30mins or more will be considered as an hour absence and more than an hour will result in a reduction in salary the equivalent of 2 hours compensation for every single hour.7. Party B will not be paid during semester break, but national holidays in China. Holidays Party B will be given all statutory holidays as paid holidays. Should Party B be asked to work during those Holidays, he/she will be compensated in the form of extra paid holidays to take at a time mutually agreed upon by Education Supervisor and Party B. Statutory holidays include National day, Chinese New Year (also referred to as Spring Festival) and Labor Day.Sick and Personal Leave1. Party B requires personal leave of absence; he/she must submit a leave request from at least 3 days prior to taking time off. A leave request form should be submitted at least one month in advance if Party B requires personal leave for more than 3 consecutive days, and he/she is responsible for finding a substitute teacher approved by Party A. 2. For sick leave, Party B must telephone the Teaching Director at least 12 hours before work and fill in the form later. In case the leaves exceed 30 days, Party A has the right to terminate the contract. Party B is allowed 2 sick days without deduction of salary during the period of employment. Doctors certificate is required. Extra sick days are not paid and Party A reserves the right to deduct an amount from Party Bs salary for each additional day that Party A is absent from work.3. Personal leave of Party B shall be approved by Party A. Party A will deduct the salary by day. In the contract term, the personal leaves should not exceed 10 days, otherwise party A wont give Part B the complete reward of RMB0- RMB500. The continuous personal leave shall be no more than 3 days, and 2 days salary will be deducted for each day thereafter excluding vacation un-paid leave.In case of absence from work with out Party As permission, 3 days salary will be deducted for each day absent. For serious circumstances, Party A has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.Regulations, Rules and work Obligations1. Party B will not disclose information concerning the work content without the written permission of Party A.2. Party B is required to follow the teachers guide and the teaching plans which his/ her should familiarize him/ herself with before class, and if necessary, notes may be used during the lesson. Being found reading the lesson plan in class or not following the lesson plan will result in a forfeiture of an hours wage for that class. Changes to the lesson plan may only be made after consultation with the Teachers director.3. Party B is required to design curriculum plan a week before and give it to the Teacher Director on time.4. Party B is not allowed to engage in selling of any products or services to the parents or staff of Party A.5. Party B is not allowed to provide any tutoring service to the children or families attending Party A school.6. The copyright of any activity plans or tapes written/ made by Party B during the working time belong to Party A.7. Party B is required to uphold the Confidentiality of all aspects of Party A. The entire lesson plans, documents and resources are commercial intellectual properties of Party A and protected by law, Legal proceeding will be taken against Party B if he/she uses or offers anyone any part of the above-mentioned software or intellectual property anywhere beyond the school of Part A.8. Party B is required to uphold all Party As properties such as books, teachers guide, lesson plan, computer, laptops Any damage or loss will result in equivalent compensation of the property (for example, for each Happy Marian lesson plan, RMB1000).9. Party B should keep confidential of the information related to wage and must not enter into discussions about this information. Party A has the right to terminate the contract and investigate the liability of the employed party for violation.10. Party B should set a good example for colleagues whilst protecting the company and the schools reputation and image.11. Party B must abide by all laws and regulation of the Government of P.R.C. at all time.12. Party B is required to watch and interact with students during playtime. Due to safety concerns he/she is not allowed to take recess or spend time chatting to other teachers.13. Party B is required to help students with their snacks and lunch everyday. He/She is also expected to help waking students between pm2:002:10 when he/she has classes in the afternoon.14. Party B is required to complete communication book and Biweekly Report for each student. The report must be handed in to the teaching director by Thursday of every alternate week. Failure to h