Job Discussion Forums

[methos]

this is a sample contract that I was given. I only left the important details of the contract. Can anyone give me a
hand on if this is a good deal and what I should negitiate?

Full Time Teacher Employment Contract - China 2006
全职教师聘用合同 （中国 2006）

I ........................................, from here on the Second Party, hereby accept the position which School, , language training school (school�s legal name), from here on the First Party, has offered me.

Personal Details: （个人信息）
Nationality（国籍）: Date of Birth: （生日） / /

Passport Number（护照号码） Passport issued at: （护照签发地）

Passport Issue Date（护照签发日）: / / Passport Expiry Date （护照终止日） / /

Permanent Address（永久住址）:

Telephone Number（电话）:

1:0 Personal Guarantee:
The Second Party fully understands the duties, responsibilities and working hours involved in the position. The Second Party is confident that he/she can undertake these duties in the best interests of the school without causing harm to the school, its employees and its business, and without creating any conflicts with his/her conditions of employment and financial remuneration.

1:1 Job Description and Code of Conduct:
In addition to this contract, the Second Party has read, understood and promises to follow the Job Description and the the school Code of Conduct supplied to him/her by the school. The Second Party understands that failure to follow the Job Description and Code of Conduct may lead to the termination of employment.

1:2 Working Location:
The working location is

2:0 Working Hours: The Second Party will be required to work 40 real hours per week（one- hour lunch break not included ）, including from 0 to 22 real hours as contact teaching, depends on the ups and downs of business.
(1) Classes are calculated in academic hours. One academic hour equals 40 real minutes. One month equals 4.33 weeks. (one year (12 months) has 52 weeks.)
(2) As part of the contact hours the Second Party is required to teach, occasional substitution may be required to cover unscheduled absences of other teachers.
(3) During the remaining period of 40 real hours per week, the Second Party will also be responsible for preparation and administrative duties as directed by the Academic Coordinator, including but not limited to: interviewing students for placement testing, organizing and participating in parties organized for students, material development and marketing.

2:1 Working Days:
The Second Party will be required to work 5 days a week from Monday to Sunday, receiving two days off during the week in the normal season. During the high seasons July , August and February, the Second Party may be required to work 6 days per week. The Second Party will accumulate days worked over the weekly 5 days and can take these accumulated days as holidays outside the high seasons.

3:0 Holidays:
3.0A: Public holidays. The Second Party will receive the following public holidays should they occur during the duration of this contract:
New Year (1st January) , one (1) day
Chinese Lunar New Year (January/February) ,three (3) days
Labor Day (1st May) , three (3) days
National Day (1st October) , three (3) days
Christmas day (25th December), one (1) day
The Second Party is entitled to 11 days as public holidays per year. The number of days for each holiday is announced annually by the government. Often the announcement is not made until very shortly before the holiday.

3.0B: Paid vacation. Further to the above, the Second Party is entitled to 10 working days (2 working weeks) paid vacation per full year contract (for shorter term contract, vacation is pro-rata). Vacation may not be taken during the probation period or in the months of January

through February or in the months of June through August. Three weeks notice in writing must be given to the Academic Coordinator stating the Second Party�s request to take leave. This request is subject to the authorization of the Academic Coordinator. Approval must be obtained before the vacation may be taken.
Teachers who need to take short periods of leave, such as one day or two off work, should be subject to other teachers� availability to cover his/her teaching programs and shall obtain prior approval from the Academic Coordinator as early as possible. Such periods of leave shall be counted as paid vacation.

4:0 Probation:
The Second Party will be subject to a three month period of probation commencing on the date of employment (the date on which the Second Party begins work in .) No vacation may be taken during the probation period. In case of dissatisfaction on the part of the First Party with the performance of the Second Party, the period of probation may be extended or the Second Party dismissed. In the case of dismissal the Second Party is liable for the repayment of expenses incurred by the First Party on his/her behalf. See TERMINATION 5:2 and DISCIPLINARY PROCEDURES 5:3.

5:0 Commencement: This contract begins on............./.... ........./......2006.......... .
合同开始日：
5:1 Completion: This contract expires on...................../.............../................ .
合同终止日：
5:2 Termination:
One month written notice is required from either Party should they wish to terminate this contract following the probation period. During the probation period one week written notice is required by either Party. Notwithstanding the forgoing, in the event that the Second Party materially breaches the Contract, the Code of Conduct and/or the Job description or commits the crime, the First Party may terminate this Contract and dismiss the Second Party immediately without any prior notice.

If the Second Party resigns or is dismissed due to breach of this contract, the Code of Conduct or the Job Description by the Second Party, the Second Party agrees to repay a proportion of any expenses incurred by the First Party on the Second Party�s behalf: e.g. Visas, legal documents, teacher recruitment fee. The proportion will be calculated by dividing the difference between the termination date and the expiry date by the number of contract term days ((Expiry date-termination date)/contract term days). Notwithstanding the forgoing, in the event that resignation, dismissal or termination occurs during the probation period, the Second Party shall repay in full any expenses incurred by the First Party on the Second Party�s behalf. The expenditure of flight and travel expenses, housing and insurance shall be subject to the clauses as set forth in the Contract.

All loans and advances granted to the Second Party by the First Party must be repaid to the First Party in full upon termination of this contract.

In the case of natural disaster, civil unrest or war, all actions taken by the Second Party must be with the prior consent of the First Party. However, a written statement from the US or UK Embassy or the Second Party�s embassy, advising its citizens to leave a particular town or region in the first instance or country in the second instance will count as sufficient reason for the Second Party to leave their school without breaching their contract. In this case the First Party will be responsible for transport costs to the nearest point of safety outside the town, region or country stated in the embassy�s advice.

5:3 Disciplinary Procedures:
If the Second Party fails to abide by the code of Conduct and/or the Job Description, the following disciplinary procedures shall be enforced:
1) Formal verbal warning, resulting in a further two (2) week probation period.
2) Written warning, resulting in a further one (1) month probation period and/or a
salary deduction.
3) Dismissal.

6:0 Flight Allowance: 机票补贴
6.0 A: Overseas recruitment. 海外雇佣
The Second Party is responsible for making his/her own travel arrangements. Total amount of 8000RMB will be paid by the First Party as flight allowance. Payment of the flight allowance will be made as follows:

1).Upon arrival in the city of employment and once this contract has been signed and ratified by both parties the Second Party will receive 1,500 RMB from the First Party;

2). Upon completing the probation period, the Second Party will receive 1500 RMB as part of the flight allowance.

3). Upon completion of the first half of the contract (6 months) the Second Party will receive 1000RMB as part of the flight allowance.

4) .Upon completion of a 12 month contract the Second Party will receive from the First Party a flight allowance of 4,000 RMB.

To receive above flight allowance the second party is required to produce certain invoice to prevent income taxation.
6.0 B: Local recruitment. 本地雇佣
1) In the case where the Second Party is recruited in the country of employment, the Second Party is responsible for making his/her own travel arrangements.
Upon satisfactory completion of a 12 month contract the Second Party will receive a flight allowance of 6,000 RMB from the First Party. The second party is required to produce certain invoice to prevent income taxation.

6.0 C: Contract Renewal（合同续签）
If the Second Party renews his/her contract for another 12 months, upon satisfactory completion of this second 12-month contract, the Second Party will also receive a cash allowance of 6,000 RMB from the First Party as flight allowance.

7:0 Insurance
The First Party will cover the Second Party for the following medical and accident insurance purposes according to the First Party�s conditions, maximum compensation limits and policies.
A) Emergency Medical Expenses
B) Emergency Home Evacuation
C) Home Repatriation
D) Accidental Death
E) Accidental Disability

7:1 Sick Leave and Emergency Leave:
All leave must be authorized by the Acting School Director (ASD)

Any sick leaves must be supported by a doctor�s certificate. In the event of sickness, notification must be given to the ASD or his/her deputy as soon as possible. Term of sickness and salary during the sick leave shall be subject to Chinese labor�s law and regulations based on the doctor�s certificate.
Emergency Leave shall be subject to same procedure as short periods of leave as set forth in Article 3.0 and be counted as paid vacation.
All unauthorized leave will be counted as paid vacation and/or deducted from salary and will be penalized by disciplinary measures.


8:0 Legal Documents:
The First Party will provide all necessary legal documents including visas and work permits for the period of employment under the condition that the second party produce all necessary documents and certificates. The First Party may remove and cancel all legal documentation when the employment and/or this contract is completed and/or terminated.

9:0 Reimbursements:
Authorized expenses, which the Second Party wishes to reclaim from the First Party, will be repaid to the Second Party upon the production of legally required receipts.


10.0 Financial Remuneration:
A salary of RMB 7,300 (NET) will be paid to the Second Party per calendar month.
A monthly attendance bonus of RMB 800 will be paid to the Second Party on the condition of full attendance and completion of the teaching schedule issued by the First Party. Any absence beyond authorized annual paid leave and officially scheduled public holidays will result in cancellation of the attendance bonus for the particular month.
A monthly performance bonus of RMB 500 will be paid on the condition of offering good teaching quality and following the First Party�s routine customer service system.

Teachers scheduled over 96 real hours (142 academic hours) per calendar month shall be paid a rate of RMB 100 per academic hour (40m). Overtime payment is gross and tax will be deducted. Such payment is calculated on a monthly basis. In instance when public holidays or paid vacation falls in the monthly pay period, monthly hours will be calculated pro rata.

The salary is paid in local currency, in accordance with Chinese law. Salary and Overtime payment is paid on the 2nd of each month. If 2nd coincides with a Saturday, the first party shall pay the salary on the Friday before; If 2nd coincides with a Sunday, the first party shall pay the salary on the coming Monday. The paid month duration is between 26th of the month before the previous month and 25th of the previous month.
In the case of legal resignation or dismissal, the last month payment will be pro rata of the Second Party�s attendance of the month and it will be paid on his/her last day before leaving the school.

11.0 Housing : 住宿
The First Party will help the Second Party to find his/her own accommodation in Shenzhen . The Second Party understands that he/she will be responsible for payment of rent, deposits and signing contracts. The second party will be paid a cash (or optional direct deposit) housing allowance of 1600 RMB per month on the monthly payday. The First Party will not be responsible for the payment of any deposits on the said accommodation on the rent. The Second Party shall pay for water, power, gas, Telephone and TV service, and apartment management fees, etc. The cash allowance amount is purposed for the Second Party to easily maintain rental of a standard, furnished, single-bedroom apartment. The Second Party shall be provided with temporary shared accommodation until such time as he/she finds his/her own apartment. During her/his stay in the School�s apartment, no housing allowance shall be paid. The Second Party shall pay for water, power, gas, Telephone and TV service, maintenance fee caused by damages from the second party etc. After the Second Party moves out of the school�s apartment the first housing allowance payment is calculated per diem, according to the number of days in the pay period the Second Party still lived in the school�s apartment. Accommodation in the School�s apartment may be provided for a period of up to but not exceeding three months.
In case that the second party fails to meet full attendance for the month of payment (annual paid leave is counted as attendance), the housing allowance will be paid pro rata of the attendance.

[kev7161]

I hate all that "real hour" and "contact hour" stuff. Just tell me how many periods I'll work per week (and how long each period is) and how many office hours I'm expected to put in! Seems like a lot of hours to me, but I'm spoiled at my school.