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astrotrain
Joined: 18 Apr 2013 Posts: 96
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Posted: Wed Dec 04, 2013 2:32 am Post subject: Contract insight needed |
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Hey all,
This is a high school in Tangshan I got a receptive offer from. This would be my first gig, main motivation is 1 year to improve on my Mandarin. One thing I noticed -been offered some other contracts before- but this would seems huge. Need any advice on what pops out and what to look for in any amendments I should offer. This is a Math position.
The thing that stands out to me are: all the breach penalty $$ clauses, the lower foreign currency conversion (isn't the standard 70%), lack of fixed dollar flight reimbursement, accommodations -free stated in the interview but not shown in contract etc.
Any help appreciated. THX
Chapter I. Contract Term
Article 1.
1.1 The Contract covers the term from 15th day of January, 2014 to 30 th day of January, 2015.
1.2 The probationary period for Party B is one month, starting from 15th
day of January 2014 to 14th day of March , 2014.
1.3 Party A will decide whether or not to shorten the probationary period based upon Party B’s proved capacity. During the probationary period, either Party can terminate the Contract upon informing the other Party in a written form according to law.
1.4 Should Party B conduct acts during the probationary period that do not meet Party A’s recruitment requirements and Party A does not know them until after the probationary period because of Party B’s intentional efforts to conceal them, then Party A has the right to terminate the Contract in accordance with provisions concerning termination of the Contract during the probationary period without paying any compensation to Party B.
Chapter Ⅱ. Job Description and Adjustment
Article 2. Job Description.
2.1 Party A employs Party B served in teaching post in High School to meet the needs of both sides.
2.2 Party B should complete the work load specified in the contract and meet the requirements of the curriculum.
2.3 Party B should all along remain qualified for the post and perform relevant responsibilities and obligations in a highly efficient manner.
2.4 Party B should complete the work assigned by Party A on time, in full and to a satisfactory level of quality, and perform Party B’s obligations in the Contract by submitting work outcomes or in a manner agreed upon by both Parties.
2.5 Without the prior written consent of Party A, Party B should not be employed by any other company or individual either directly or indirectly during the Contract term.
Article 3. Job Adjustment
3.1 Party A has the right to adjust the job responsibilities of Party B according to Party A’s needs and Party B’s capability and performance, to which Party B agrees.
3.2 In line with the job adjustment, Party A makes a corresponding adjustment to Party B’s payment and other benefits.
3.3 Should Party B disagree to the job adjustment, Party B can, in accordance with procedures stated in Party A’s rules, put forward his opposition or resign. However, Party B’s opposition does not affect the implementation of the decision of Party A. If the job adjustment goes ahead, Party B should make a relevant handover and assume the new post.
Chapter III. Working Time and Working Conditions
Article 4. Working time
4.1 Party A adopts a working and holiday system that matches the nature of Party A and conforms to national and local employment regulations.
4.2 In line with the needs of Party A and the job descriptions of Party B, Party A adopts standard working time for Party B. That is to say, Party B has 30 lessons (1 lesson is 40 minutes) a week, 20 hours teaching; 10 office hours, 30 hours a week in total.
4.3 When changes are made to the post of Party B, Party B should follow the adjustment of his/her working time accordingly.
Article 5. Overtime work
5.1 In line with the needs of Party A, overtime work for Party B can be arranged in accordance with law.
5.2 Party B can not work overtime without the approval of Party A. When applying for overtime, Party B must follow the procedures as provided in relevant rules of Party A.
5.3 Party A guarantees that Party B takes at least two days off per week.
5.4 If Party A asks Party B to work overtime or endorses Party B’s application for overtime work, Party A must make it possible for Party B to take the relevant amount of time off or give Party B overtime payment in accordance with regulations of the State, province and Party A itself. The overtime payment should be given to Party B separately in the following month by the department which Party B works with. The accumulative overtime should not exceed 36 hours within one month.
5.5 It is the obligation of Party B to complete the work assigned by Party A in time and in full. If Party B fails to do this and as a result has to work overtime either on Party B’s own will or upon Party A’s request, Party A will not give Party B overtime pay or relevant time off.
Article 6.
Party A provides Party B with necessary working conditions and equipment, and formulates working procedures, scope of work and guidelines on safety and sanitation.
Article 7.
Party B should obey Chinese laws and regulations as well as various systems formulated by Party A.
Article 8. Business trips
During the contract year, Party B should accept business trips assigned by Party A. The benefits that Party B enjoys during business trips are carried out in accordance with relevant rules of Party A.
Chapter Ⅳ. Salary and Income Tax
Article 9. Salary
9.1 Party A fixes Party B’s salary in accordance with relevant rules under the national allotment system. Party B’s monthly payment is 10000 RMB . Party B’s monthly payment during probation is 10000 RMB (taxable and no less than 80% of the regular monthly pay after probation).
9.2 A maximum of 4200 RMB of the monthly income can be converted into foreign currency.
9.3 In case a change is made to the job of Party B, Party A can make an adjustment to part or all of Party B’s salary.
9.4 When taking sick leave, Party B is paid in accordance with the relevant laws and regulations in China (Please refer to 18.1 to details).
9.5 The payment for Party B’s overtime work, which is approved by Party A, is calculated and issued in accordance with 9.1 regarding Party B’s salary.
9.6 Party A has the right to make deductions from Party B’s salary in case Party B disregards Party A’s rules and damages Party A’s property, fined economically for violation of employment rules and regulations, and pay penalty or compensation for violating the Contract.
Article 10. Payment of salaries
10.1 Party A shall give payment to Party B in the form of currency on the 25th of the corresponding month (the extra work payment please refer to 10.3). If the date coincides with a legal holiday, the payday is moved up to the preceding workday. The payment is given on a monthly basis. For services of less than one month, the payment will be made for each working day, with each day being the monthly salary divided by 30. If party B starts work after the 25th, the salary will be paid together with next month before 25th and the salary would be accumulated by days he or she worked.
10.2 Should Party A be unable to make the payment on time because of uncontrollable reasons or other significant events, Party A should notify Party B 3 days in advance. Party A can postpone the payment for a maximum of 30 days.
10.3 Party A pays Party B for overtime work which Party A assigns to Party B or which is applied for Party B and approved by Party A. The payment is available to Party B in the following month. If Party A makes a provision otherwise, the provision is to be observed. In case Party A makes it possible for Party B to take the relevant amount of time off, Party B should in general take the time off within 6 months. Party B can take all the time off at once, so long as this arrangement does not affect normal operation and is agreed upon by the supervisor of the section in which Party B works.
Article 11. Personal income tax
11.1 It is Party B’s obligation to report and pay personal income tax. In accordance with relevant national regulations, Party A performs the duty of deducting the tax from Party B’s salary and other income and pays it to tax authorities.
11.2 Unless Party A and Party B agree otherwise, all the salary and other income that Party B receives under this Contract are taxable.
Chapter V. Benefits
Article 12. Medical insurance, fees for health check for new employee and Chinese residence permission
12.1 Party A will provide Party B (below 60 years old when employed) with medical insurance from the day that the resident permit issues. According to the medical insurance provisions, the employee can go to any mainland-based hospital affiliated with the Basic Social Medical Insurance Scheme and apply for reimbursement and claims in person. Detailed information is available in the handbook.
12.2 Party A will reimburse the fee for health check made in Tangshan Centre for Entry-exit Inspection and Quarantine (express fees for health check report is not included) when Party B takes office.
12.3 For Party B who passes the probationary period, Party A will reimburse the fee for Chinese residence permission in the first contract year.
Article 13. Transportation fees and allowances
Party A will pay Party B who signs a one-year or longer Contract with Party A the following transportation fees and allowances:
13.1 Party A will provide Party B with transportation allowance when he or she relocates to Tangshan and leaves China for his/her home country. The amount of allowance is the actual market price of economy class air ticket (covering the shortest distance from Tangshan to the original domicile where Party B stays before he or she takes the new post), which is fixed and interpreted by Party A.
13.2 Air ticket for party B relocating to China for the post. Party B can get a return air ticket reimbursement of international economy class for the nearest distance between China and the country of Party B each year (half of that for half year contract). Or the amount of the travel allowance will be checked with the airlines by party A and paid to Party B each year if no air ticket is provided.
Article 14. If Party B fails the examination and evaluation at the end of the probationary period, or if one party notifies the other of its intention to terminate the probationary contract, then Party A shall not be responsible for any travel expenses and allowances of Party B. Under that circumstances, if Party A purchases the air ticket for Party B relocating to China for the new post, then Party B should return the air ticket fee paid by Party A.
Article 15. Vacation
15.1 Party B is entitled to the same legal holidays as Chinese citizens, which include New Year’s Day, Spring Festival, Qingming Festival, International Labor Day, Duanwu Festival, Chinese National Day, Mid-autumn Festival and other holidays designated by law and regulations.
15.2 Party B is entitled to paid vacation after Party B passes the probation period. During each one year contract, Party B can take 28 days of paid leave, either consecutively or separately. There are two preconditions for Party B to take paid leave: work permitting and approval from his/her supervisor.
15.3 If Party B takes leave on a special day, according to Party B’s nationality and religion, such as Christmas, Corban, Lesser Bairam, and Water-Sprinkling Festival, then this will be deducted from Party B’s annual paid vacation. The days Party B takes that go beyond the stipulation in Provision 15.2 will be treated as personal leave.
15.4 If Party B is employed for two consecutive years or more and passes the performance evaluation in every contract year, Party B is entitled to family-reunion transportation allowance per contract year starting from the second contract year. The amount of family-reunion transportation allowance is fixed by Party A (refer to Article 13.1).
15.5 Family-reunion transportation allowance is available to Party B at least half a year after Party B renews the Contract. If Party B terminates the Contract less than half a year after renewing and executing it, Party A will not provide family-reunion transportation allowance.
15.6 The taxes of the transportation allowances for taking the new post and demission, together with the family-reunion transportation allowance will be deducted by Party A in time of payment in accordance with the Chinese tax law.
ChapterⅥ. Work Discipline and Reward & Punishment
Article 16. Work discipline
16.1 Party B must abide by the Chinese laws and regulations.
16.2 Party B is required to report to Party A on his work and accepts all reasonable instructions of Party A in relation to the work.
16.3 Party B must follow the rules and employment discipline formulated by Party A and accept Party A’s supervision. The rules and employment discipline that Party A initiates through legal proceedings before the signing of the Contract and during its implementation are all documents to be abided by Party B.
16.4 Party B should seriously study Party A’s corporate culture, dedicate himself/herself to work, respect the professional code of ethics and make a continuous effort to improve his/her professional skills. Party B should also partake actively in various training programs organized by Party A.
Article 17. Rewards and penalties
17.1 According to relevant stipulations, Party A evaluates the work performances and contributions of Party B and gives an appropriate reward to Party B.
17.2 Should Party B violate Party A’s rules, employment discipline or stipulations in the Contract, Party A may admonish Party B, inform him/her of the correct procedure, impose economic and administrative penalties on Party B, and even terminate the Contract without paying any compensation.
Article 18. Sick and personal leave
18.1 When taking sick leave, Party B shall present a doctor’s certificate from a hospital listed under the medical insurance program. If the cumulative total of sick leave is no more than fifteen working days within a contract year and the missed teaching is made up, Party B’s basic salary shall be paid in full. Party B is paid by 80 percent of the minimum wage standard in Tangshan, if the cumulative total of sick leave exceeds 15 working days but does not go beyond the three-month legally recognized period of medical treatment. Party A has the right to terminate the Contract if Party B’s consecutive sick leave exceeds the three-month legally recognized period of medical treatment, which includes weekend days and public holidays. Sick leave can be offset by annual leave. Bonus is not available for sick leave.
18.2 Party B should use allocated leave days to attend to personal affairs. In the event that all annual leave days have been used up, Party B may take up to ten unpaid personal leave days per contract year. Requests for use of personal leave days must be submitted to and approved by the employer in advance. No more than three consecutive days of personal leave will be approved. Twice of the amount of the salary in that very day shall be deducted for each day of excessive personal leave.
Article 19. Absence from work without asking leave and violation of working disciplines
19.1 If Party B is absent from work without the consent of the employer, three days of monthly bonus shall be deducted for each day of absence from work. If Party B is absent from work without the consent of the employer for more than 3 days, the salary of the current month shall be deducted.
19.2 In the event of any of the following by Party B, as determined by Party A, Party A reserves the right to terminate the Contract and resort to legal means for compensation:
19.2.1 Absence from work without the consent of the employer for 7 consecutive days;
19.2.2 Absence from work without the consent of the employer for a cumulative total of 15 days within a contract year;
19.2.3 Other serious violations of rules concerning teaching, which cause serious damage to Party A.
19.2.4 Other acts that seriously violate working disciplines and relevant rules.
19.3 In the event of any situation as listed in 19.2, which cause economic losses and severe damages to Party A, then Party B should take the obligation of compensating Party A.
Article 20. Confidentiality
20.1 Party B is obliged to maintain confidentiality for Party A. Party B should obey the rules concerning confidentiality formulated by Party A and is subject to supervision of Party A, including but not limited to the storage, delivery, use and disposal, etc.
20.2 If Party B disobeys the confidentiality obligation, he or she shall not only compensate the loss of Party A, but also bear the relevant legal liability in accordance with relevant laws and regulations.
20.4 The term of confidentiality obligation by Party B is not limited to the term of this Contract, starting from the date when party B knows the secrets-involved documents, to the date when the secrets-involved documents decrypted or enters into public information domain.
Chapter Ⅶ. Amendment, Termination and Cancellation of the Contract
Article 21. Amendment of the Contract
21.1 After the signing of the Contract in accordance with the law, both Party A and Party B should fulfill the obligations stipulated in the Contract faithfully. Neither Party A nor Party B can amend the Contract without agreement of the other party.
21.2 The Contract can be amended if the amendment is agreed upon by both Parties after consultation. The Contract continues to be valid if both Parties cannot agree on the amendment.
21.3 While the Contract is in force, if some of its terms become no longer enforceable due to new laws, regulations and policies issued by China or Heibei, the Contract shall be amended in accordance with the new laws, regulations and policies.
21.4 While the Contract is in force, if objective conditions on which this Contract is based change so that the Contract becomes no longer enforceable, the Contract can be amended if the amendment is agreed upon by both Parties after consultation.
21.5 According to Article 21.2 and 21.4 above, if one party hereof intends to amend the Contract, he shall serve the other party a written notice with regard to the amendment requirements, and the other party shall make a written reply to the party that requires the amendment to be made within 15 days upon receipt of such notice; no reply within 15 days will be regarded as disagreement to amend the Contract.
Article 22. Termination of Contract
22.1 The Contract is terminated automatically if any of the following occurs:
22.1.1 The Contract expires and Party A and Party B have not renewed the Contract upon its expiration;
22.1.2 Party B reaches the mandatory retirement age;
22.1.3 Party B dies or is declared dead or missing by the people’s courts;
22.1.4 Party A is bankrupt, disbanded, has its operating license revoked or is ordered to be closed down in accordance with the law;
22.1.5 Any other circumstances occur under which the Contract must be terminated as required by law.
22.2 When the Contract terminates upon expiration of its term, Party A should inform Party B 30 days in advance in written form.
22.3 If the law requires a severance payment upon the termination of the Contract, Party A shall pay in accordance with the law. The payment will be calculated in accordance with 24.1 of this Contract.
Article 23. Cancellation of Contract
23.1 The Contract can be canceled upon agreement by both Party A and Party B following consultation.
23.2 Party A is entitled to cancel this Contract if Party B is found to be in any of the following circumstances, under which Party A will not pay any economic compensation for cancelling the Contract:
23.2.1 Party B is proved to be unqualified for the work during the probation period;
23.2.2 Party B is in serious violation of work discipline or of Party A’s rules;
23.2.3 Party B commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;
23.2.4 Party B is sued for criminal liability in accordance with the law, gets administrative or judicial detention and receives compulsory detoxification treatment;
23.2.5 Party B is proved guilty of fraud, failing to reveal important information related to this Contract or Party B’s work.
23.3 Party A can cancel the Contract if one of the following circumstances occurs but must give Party B 30 days’ prior written notice:
23.3.1 After the set period of medical care for an illness or non-work-related injury, Party B can engage neither in his original work nor in other work arranged by Party A, or Party B no longer qualifies for certain jobs as stipulated by the central government and Heibei and therefore Party A cannot arrange other work for Party B;
23.3.2 Party B is incompetent and remains incompetent after training or adjustment of his post;
23.3.3 Party B is in breach of Contract and has not remedied the breach within 72 hours;
23.3.4 Party A reduces its workforce or lays off employees as required by its operation performance or adjustment to its production and management;
23.3.5 A major change in the objective circumstances relied upon at the time of conclusion of the Contract renders it unenforceable and, after consultation, Party A and Party B are unable to reach agreement on amending the employment Contract;
23.3.6 After the expiration of the Contract, Party A and Party B have not renewed the Contract but Party B has formed an actual employment relationship and the two Parties cannot reach agreement on the period of validity and terms on renewing Contract.
23.4 If Party B intends to cancel the Contract, Party B should give Party A 90 days’ prior written notice or 10 days’ prior written notice if Party B is in the probation period. After approval by Party A, Party B should go through the termination procedures as required by Party A and settle all relevant fees and pay breach penalty.
23.5 Party B can inform Party A at any time to cancel the Contract if one of the following things occurs:
23.5.1 If Party A used deception to induce Party B to sign the Contract;
23.5.2 Party A does not pay salary or does not offer working conditions according to the Contract.
23.6 If Party B cancels the Contract according to 23.4 and has caused economic losses to Party A, Party B should pay compensation to Party A;
23.7 If Party B has one of the following conditions, Party A can not cancel or terminate the Contract according to 23.3 of this Contract:
23.7.1 Party B has been confirmed as having lost or partially lost his capacity to work due to an occupational disease Contracted or a work-related injury sustained with Party A;
23.7.2 Party B has contracted an illness or sustained a non-work-related injury, and the set period of medical care has not expired;
23.7.3 Party B is a female employee in her pregnancy, confinement or nursing period.
23.8 Party A can cancel the Contract by giving Party B one month’s wage in line with the 30 days’ prior written notice stipulated in 23.3 of this Contract. Payment should be made to Party B at the time of final settlement. The Contract is terminated the day Party A informs Party B or on a date that Party A chooses.
23.9 During the period of prior notice stipulated in this Contract, Party A is entitled to ask Party B to continue to work and Party B should do work arranged by Party A in accordance with the Contract and the requirements of Party A.
23.10 During the period of prior notice stipulated in this Contract, If Party B continues to work for Party A, Party A should pay wages to Party B in line with his work. If Party B refuses to work for Party A as requested, Party A can stop paying wages to Party B.
Article 24. Handover and return of property
24.1 Upon termination or cancellation of the Contract, Party B should carry out the procedures to hand over his work. If damage is incurred upon Party A because Party B has not properly handed over his work, refused to hand over his work or only partially handed over his work, Party B should bear the liability to pay compensation.
24.2 Party B should return all documents and other articles that he is using or are in his possession but belong to Party A.
24.3 After Party B carries out the procedures to hand over his work, Party A should pay relevant fees in accordance with the law or the terms of this Contract and issue a demission certificate to Party B.
Chapter VIII. Extension of Contract
Article 25. Extension of the Contract
25.1 Party A and Party B should conduct consultation on whether to extend this Contract before it expires. If Party A and Party B agree to extend the Contract, a written agreement should be signed before it expires.
25.2 If Party B intends to extend the Contract, he should submit an application for the extension to Party A at least 90 days before the Contract expires. If both Parties agree, they can carry out the procedures to extend the Contract.
Article 26. Term of renewed Contract
26.1 In principle, the length of time of the renewed Contract should be no less than that of this Contract unless otherwise agreed upon by both Parties.
26.2 After the expiration of this Contract, if Party A and Party B have not carried out the procedures to terminate the Contract and have formed an actual employment relationship, Party A should conduct consultations with Party B in a timely fashion on renewing the Contract. If the two Parties can not reach agreement on the term and other articles of a new contract, both Parties can propose a termination of their actual employment relationship by giving the other party 30 days’ prior notice. The party that proposes the termination of Contract will bear legal liabilities in accordance with the law.
Chapter IX. Legal Liabilities for Breach or Cancellation of Contract
Article 27. Principles governing liabilities for breach of Contract
27.1 Any act that results in the inappropriate, untimely and incomplete fulfillment of all or part of the obligations stipulated in the Contract constitutes breach of Contract and the responsible party should be held liable for the breach.
27.2 Regarding the liabilities for breach of Contract, both Parties in this Contract agree that the breaching party should pay economic compensation to the non-breaching party in accordance with relevant laws and regulations of China.
27.3 In the event of the Contract terminating upon expiration, neither party shall be liable for breach of Contract and compensation.
Article 28. Party B’s liabilities for breach of Contract
28.1 In the event Party A provides funding for the training of Party B, the damages Party B should pay to Party A when canceling the Contract in breach should be calculated as follows: The amount provided by Party A is the maximum Party B should pay. It should be deducted by 20 percent every time Party B completes one year of service for Party A (starting from the date when training is completed or any other date agreed upon by both Parties). Party B should pay the full amount if it completes less than a year of service to Party A. If Party B has signed a training agreement, it should fulfill the agreement faithfully.
28.2 Party B is liable for damages it causes to Party A by canceling the Contract before it expires. Party B should pay compensation to Party A if he/she unilaterally cancels the Contract before it expires or quits the post without prior notice, except in situations described in 23.4 or 23.5.
28.2.1 Party B should pay Party A 2,000 US dollars in compensation if Party B cancels the Contract or leaves the post within one month after the end of probation.
28.2.2 Party B should pay Party A 1,500 US dollars in compensation if Party B cancels the Contract or leaves the post between one and four months after the end of probation.
28.2.3 Party B should pay Party A 1,000 US dollars in compensation if Party B cancels the Contract or leaves the post between four and eight months after the end of probation.
28.2.4 Party B should pay Party A 500 US dollars in compensation if Party B cancels the Contract or leaves the post within 2 months before the Contract expires.
28.3 If Party B cancels the Contract before its term expires, Party B should be liable to pay all the expenses that Party A spends in health check, Chinese residence permission, recruiting Party B, including fees paid to a third party, Party B and Party B’s former employer.
28.4 Party B should be liable to pay economic losses incurred on Party A due to Party B’s failure to keep commercial secrets.
28.5 Party B should be liable to compensate the economic losses incurred on Party A due to Party B’s failure to fulfill its other obligations stipulated in the Contract.
28.6 If Party B breaches the Contract and cancels it in advance, Party A will not pay any transportation allowance for Party B in this contract year. If Party A has already provided air ticket for Party B relocating to China, Party B should return the air ticket fee. Party A will not provide recommendation letter for Party B under this circumstance.
Article 29. Party A’s liabilities for breach of Contract
29.1 In the event that Party A cancels the Contract in accordance with 23.3 of this Contract, it should pay severance pay to Party B in accordance with relevant regulations of the central government and the government of Hebei Province. The severance pay should be based on the number of consecutive years Party B works with Party A and Party B’s average monthly wage for the 12 months prior to the termination of this Contract (If the monthly wage of Party B is greater than three times the average monthly wage of employees in Party A’s city as announced by local labor departments, the rate for the severance pay paid to Party B shall be three times the average monthly wage of employees) at the rate of one month’s wage for each full year (12 months) worked. Any period of less than one year but longer than six months shall be counted as one year. Half a month’s wage in severance payment should be paid to Party B if the period is less than six months. The severance pay should not exceed 12 months’ wages of Party B, unless the law says otherwise.
29.2 If Party A fails to provide Party B with working conditions as stipulated in the Contract or fails to pay Party B’s wages, Party A should pay compensation to Party B in accordance with the laws and regulations of the central government and the government of Hebei Province.
Chapter X. Other Terms as Agreed upon by Both Parties
Article 30. Notice and service
30.1 The address of Party A and the permanent address of Party B listed in this Contract are the only valid addresses where a notice can be served. If either of the two Parties changes address, it should inform the other party about a change in a written notice. If one party fails to inform the other party about a change of its address, any documents sent to the original address should be considered received.
30.2 If a notice fails to be served or its service is delayed because the sender has got the address or fax number wrong, the period of notice will be calculated starting the actual date the notice is served with the correct address or fax number.
Article 31. Other terms agreed upon by both Parties
Party A owns the copyrights of the works produced by Party B during the contract period, either using Party A’s material conditions or being in the name of Party A’s employee, while Party B has the right to sign the works.
Chapter XI. Dispute Resolution
Article 32. Dispute resolution
The two Parties shall first settle any disputes which may arise about the Contract through consultation. If all attempts fail, one of the Parties can appeal to the committee responsible for arbitration of personnel disputes.
Article 33. Laws applicable
33.1 The laws of China are applicable to all procedures and relevant laws governing the enforcement, consultation, dispute resolution in relation to this Contract and its appendixes.
33.2 If the terms or contents of this Contract and its appendixes are in conflict with China’s laws and regulations, China’s laws and regulations prevail.
Chapter XII. Supplementary Articles
Article 34. Text of Contract
There are 4 originals copies of the Contract, written in Chinese only. If Party B needs the English translation, he/she can ask Party A for it. However, the English translation is for reference only and does not have legal binding force.
Article 35. Appendixes
35.1 Refer to Appendix
Article 36. Force of the Contract
This Contract takes effect as of the date of the issuing of the residence permit.
Article 37. Interpretation of Contract
The department of Party A responsible for the management of foreign staff affairs has the final right to interpret the contents and terms of this Contract and its appendixes.
(Content of this Contract ends here) |
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Javelin of Radiance

Joined: 01 Jul 2009 Posts: 1187 Location: The West
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Posted: Wed Dec 04, 2013 2:47 am Post subject: |
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Why not edit your post to include only the parts you're concerned about? Most people can't be bothered to read all that. Do everyone a favor. |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Wed Dec 04, 2013 2:48 am Post subject: |
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Salary OK for hours pw.
You are paid for the summer holiday (July/August), but do you in fact teach over those months?
This could be a summer school adjunct run by your employer.
No matter what great deal you got on your ticket the reimbursement will be calculated on Air Borat rates.
I got lazy and didn't check on the accommodation issue, but make sure it is provided and is close to or on campus.
I prefer less hours and less pay and 2 months of summer free + another 6 weeks approx in Spring.
I like the reunion thingie. I've actually not seen that before. |
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D-M
Joined: 30 Nov 2013 Posts: 114
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Posted: Wed Dec 04, 2013 2:59 am Post subject: Re: Contract insight needed |
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astrotrain wrote: |
This would be my first gig, main motivation is 1 year to improve on my Mandarin. |
Its going to be quite hard to improve your language skills significantly if you are working a 40 hour week plus need to plan lessons for a job you havent dont before. For a salary this low? If you are serious about improving your Mandarin I think you need to choose a job with far fewer hours.
astrotrain wrote: |
This is a Math position. |
Ive quoted this because the salary looks especially low for teaching a subject ... do you have experience in teaching math? Might require lots of planning and homework checking which will impact on your own language learning etc
astrotrain wrote: |
The thing that stands out to me are: all the breach penalty $$ clauses, the lower foreign currency conversion (isn't the standard 70%), lack of fixed dollar flight reimbursement, accommodations -free stated in the interview but not shown in contract etc. |
The breach penalty clauses look good to me. Shows clearly what is expected and is reduced significantly closer to the end of the contract. I wouldnt be alarmed about that or the amount you can convert.
I also think the lack of fixed fee flight money is fair enough. Id want to check with a current employee to see how that pans out in reality though. Are they reasonable about booking a flight home or do they book and give you 3 changes and long stop-overs just to save a few pennies.
Check the free housing though. I dont see a lot going for this contract TBH, not considering your goals. a 40 hour a week job for 10,000 RMB? If it didnt include housing it would be truly awful IMHO |
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Banner41
Joined: 04 Jan 2011 Posts: 656 Location: Shanghai
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Posted: Wed Dec 04, 2013 3:10 am Post subject: Re: Contract insight needed |
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First of all, wayyyyyy to much to read. Second, it seems like you answered your own questions......if you think it's dodgy, ask for clarifications written into the contact.
astrotrain wrote: |
The thing that stands out to me are: all the breach penalty $$ clauses, the lower foreign currency conversion (isn't the standard 70%), lack of fixed dollar flight reimbursement, accommodations -free stated in the interview but not shown in contract etc.
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Wed Dec 04, 2013 3:28 am Post subject: |
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Yeah the pay is bad for the hours required. Also I couldn't find a provision on housing. You may be housed in an area surrounded by students or not housed at all and you'll have to pay for accommodation out of your salary- you decide which is worse. This contract looks like someone came across one of those general purpose employment contracts one could find in the States and tried to jury rig it to fit the teaching contract. Way too much legalese for me. From the outside, I don't like this job at all. But looks can be deceiving. At least contact current and/or former teachers to get an idea of the real atmosphere and working conditions as well as treatment of foreign teachers. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Wed Dec 04, 2013 10:43 am Post subject: |
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Should Party A be unable to make the payment on time because of uncontrollable reasons or other significant events, Party A should notify Party B 3 days in advance. Party A can postpone the payment for a maximum of 30 days.
Been there done that. PASS.
This is a sign that the school's finances are a wreck or that they regularly withold FT's pay. |
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