Job Discussion Forums

[Sonnibarger]

Hey everyone I was hoping to have a couple people look over the contract I got before I agree to anything. I have researched the school and talked to other FT�s that work there, it seemed to get a good review. Please let me know if anything jumps out at you both good and bad. I may be able to negotiate parts of the contract I�m not sure though. The one thing that jumped out at me was 20 hours of teaching and 10 additional hours. I am not dead against the extra 10 hours but I wonder if they will kick in weekends after 9pm or something similar to that. Thanks for any Info

CONTRACT
合同
I. Party A, ................... wishes to engage the service of Party B, ___________________, as a teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations as stipulated.
甲方：朗文宝鸡培训中心 乙方：外教
II. The period of service will be from , . The probation period is the first one months of employment. During the probation period, Party A has the right to terminate the contract if the overall performance of Party B is substandard.
合同时间： 年 月 日至 年 月 日
试用期：一个月。如果在试用期内，乙方不能按照合同要求完成合约，甲方乙方协商中止合同。
III. The duties of Party B (see the attachments)
乙方职责见附件。
IV. Party B�s monthly salary will be 5,000 Yuan.
乙方月薪为5000元人民币
V. Party A�s obligations 甲方职责
A. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, Party A�s work system and regulations relating to administration of foreign experts.
甲方向乙方介绍中国法律制度及相关规定，甲方工作的规定和要求以及对外国文教专家的管理的相关规定。
B. Party A shall conduct direction, supervision and evaluation of Party B�s work.
甲方应该引导、监督并评价乙方的工作。
C. Party A shall provide Party B necessary living and working conditions (see attached)
甲方应向乙方提供必要的生活和工作条件（见附件）。
D. Party A shall pay Party B�s salary on the th day of every month.
甲方应在每月日向乙方支付上月工资。
VI. Party B�s Obligations 乙方职责
A. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal affairs.乙方要遵守中国的法律法规和政策规定，不能干预中国内政。
B. Party B shall observe Party A�s work system and regulations concerning administration of foreign experts and shall accept Party A�s arrangement, direction, supervision and evaluation of his or her work. Without Party A�s written consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed upon with Party A. 乙方必须遵守甲方制定的工作制度和对外国专家的相关管理制度，接受甲方对其工作的安排，引导，监督和评价。未经甲方的书面同意，乙方不得同时涉及甲方安排工作之外的其他工作。
C. Party B shall complete the tasks on schedule and guarantee the quality of work.乙方应该如期并保质保量地完成工作。
D. Party B shall respect China �s religious policy, and shall not conduct religious activities incompatible with the status of an expert. 乙方应尊重中国的宗教政策，不从事不符合于外专身份不符的宗教活动。
E. Party B shall respect the Chinese people�s moral standards and customs.乙方应尊重中国人民的道德标准和风俗习惯。
VII. Revision, Cancellation and Termination of the Contract.合同的修改，取消和终止。
A. Both parties will abide by the contract and neither will unilaterally revise or terminate the contract.双方必须遵守合同，任何一方不得当方面修改或终止合同。
B. The contract may be revised or terminated with mutual consent. Until parties have reached a termination agreement, the contract will be strictly observed.双方同意的情况下，合同可以修改或终止。除非双方达成中止协议，合同必须严格遵守和履行。
C. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:下列情况下，甲方有权书面通知乙方取消合同
a. Party B fails to fulfill the contract or its obligations.乙方未按照合同履行相关职责。
b. Party B fails to amend performance after a problem has been pointed out and a written notice of warning has been given.在问题指出并且有书面的警告给出后，乙方仍未能改正和调整自己的行为。
c. According to a doctor�s diagnosis, Party B cannot resume normal work activity after a sick leave of 30 continuous days.根据医生诊断，在连续兵家30天后，乙方仍不能恢复正常工作。
D. Party B has the right to cancel the contract with a written notice to Party A under the following conditions: 下列情况下，乙方有权书面通知甲方取消合同
a. Party A has not provided Party B with the necessary living and working conditions as stipulated in the contract.甲方没有按照合同提供乙方必要的生活和工作条件。
b. Party A has not paid Party B as scheduled.甲方不能按时支付乙方工资。
VIII. Breach Penalty 违约
A. If Party B seeks to cancel the contract due to events beyond control, it should produce certification by the department concerned, obtain Party A�s consent, and pay his or her own return expenses. If Party B cancels the contract without valid reason, he or she should pay their own return expenses and pay a breach penalty of one month�s salary to Party A.如果由于不可抗力，乙方需要解除合同，必须出示相关部门的证明，取得甲方的同意，并由乙方承担返程的机票费用。如果乙方不能出具合理理由，则必须自己承担回程费用，并交纳甲方折合一月工资的违约金。
B. If Party A seeks to cancel the contract due to events beyond control, it should obtain the consent of Party B, and 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 of one month�s salary to Party B. 如果由于不可抗力，甲方需要解除合同，必须取得乙方的同意，并承担乙方往返程的机票费用。如果甲方不能出具合理理由，则必须承担乙方往返程机票费用，并交纳乙方折合一月工资的违约金。
IX. Arbitration仲裁
The two parties shall consult with each other and mediate any disputes that may arise out of the contract. If all attempts fail, the two parties can appeal to the organization of Arbitration for Foreign Experts Affairs in the State Bureau of Foreign Experts and ask for a final arbitration.双方履行合同时出现的问题应协商解决调解。如果尝试失败，双方应向国家外专局请求仲裁。
X. The Appendix of this contract is an inseparable part of the contract and has equal effect.合同附件部分是合同不可分的一部分，与合同具有同等效力。
A. This contract takes effect on the dates signed by both parties and will automatically expire when the contract ends. If either of the two parties seeks a 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. 合同自双方签署之日起生效，期满自动截止。如果任何一方寻求续约，应在合同期满90天前提出申请，并在双方同意的情况下签署新的合同。
B. Party B shall bear all expenses incurred when staying on after the contract expires.合同期满后，乙方如继续在工作地留住，费用自己承担。


Party A甲方 _____ _____ ______ Party B 乙方_______________________

Date日期 ___________ _ ____ Date日期 ________________________


Longman Backpack ( Baoji ) Training Center
郎文宝鸡培训中心





Appendix to the Contract
合同附件

I. NATURE OF EMPLOYMENT乙方义务
Employment shall be under contract as an English-speaking teacher whose service will be rendered in connection with the English education program and/or programs in other subject areas, as directed by School administration. Employment would also involve lesson preparation, assisting students (inside and outside the School), supervising students, participating in School-sponsored extracurricular activities, and accomplishing tasks assigned by School administration. The School reserves the right to assign teachers to programs in accordance with the School�s needs.乙方工作应该按照合同要求，在校方的指导下，完成作为英语老师的英语教学工作或其他相关工作。外教应做好教学计划，帮助监督校内外学生，参加学校组织的各种课余活动，完成校方布置的工作任务。学校具有根据学校需要安排调遣老师工作的权利。
II. COMPENSATION 补助
A. SALARY薪水
Employee agrees to keep salary information confidential.工资保密
B. VACATION假期
Employee is entitled to the same holidays as the Chinese teachers, which includes National Day Week, Chinese New Year, Labor Day Week and one day for Christmas. 外教享受的假期，包括春节一周，一天的圣诞节，一周两天休息日（具体时间由甲方根据教学安排另定）。
C. ALLOWANCE 补助
If transportation is needed to or from the place of teaching for official assignments, Party A shall provide transportation or reimburse Party B for the expense incurred. A travel allowance for non-school related travel of 2000 RMB per year will be paid. Party B will receive half at the end of the six month and the rest half at the end of contract. During the school year, Party A also provides Party B with a free field trip to nearby area. 如果从居住地到工作地需要交通工具，甲方负责安排或补助乙方因此产生的费用。完成一学年工作，甲方将支付乙方2000元人民币旅游补贴，其中一半补贴将在完成六个月合同时支付，剩下的一半将在合同结束时支付，同时，甲方还将免费安排一方一次附近地区的野外郊游。
D. FLIGHTS 机票
If Party B fulfills the terms of this contract, half of a refund for an economy class round flight ticket home will be granted two weeks before you finish the six months contract and the other half will be granted two weeks before the end of the contract. An employee who works less than a year will pay for his or her own flights. The refund for an economy class round flight ticket will be paid by the invoice Party B provide and within 1200 Dollars. 如果乙方完成一年合同，一张往返程机票的费用的一半将由甲方在完成六个月工作的两周前支付，另一半在合同结前两周前支付。乙方如果不能完成一年的合同，机票费用由乙方自己承担。费用的补偿将根据乙方提供的发票报销，并在1200美金之内。
E. BOARD AND LODGING食宿
Party A shall supply Party B a fully private living arrangements, including fully equipped kitchen with hot water, North American bathroom, free cable television with CCTV 9 channel, fully furnished, computer desk, freezer and sofa. If private living arrangements are not possible, a 300 RMB living allowance will be paid by Party A. 甲方提供乙方单独的居住安排，其中公寓内含有厨房，热水，西式马桶，有线电视中央9，必要的家具，电脑桌，冰箱和沙发。如果甲方不能提供单独的住房，将支付乙方300元的住房补助。
E. TELEPHONE电话
Party B will have the use of a telephone in their apartment and they will be responsible for the expense of the telephone. A.乙方公寓内安有电话，自己承担电话费。
COMPUTER AND INTERNET 电脑和因特网
Party B will have access to a computer and Internet on campus and the expenses of this will be taken care of by Party A.乙方在工作地有电脑和因特网使用，费用由甲方承担。
F. MEDICAL AID 医疗
It is advisable to take Travel Medical Insurance from your country before leaving. It is also advisable to contact a health unit in your country for the current requirements of immunization shots. The following are usually recommended: Hepatitis A, Hepatitis B, Tetanus, Cholera, Polio, Typhoid, Diphtheria, MMR and Japanese Encephalitis.建议乙方来华前在本国内办理医疗保险，同时建议乙方来华前跟相关医疗部门联系，注射免疫疫苗。以下疫苗建议注射：甲肝，乙肝，破伤风，霍乱，伤寒，白喉，脑炎等。
G. VISA 签证
Party A will process and pay for a work visa for Party B but Party B should pay their own tourist visa to enter China.甲方帮助乙方获取工作签证并承担相关费用，但乙方支付来华的旅游签证费用。
H. PHYSICAL EXAMINATION 体检
Party B is required to undergo a medical examination in China in order to obtain a working visa. This will be organized and paid for by Party A.乙方来华后需进行体检以获取健康确认办理工作签证手续。
III. PERFORMANCE AND OBLIGATIONS 职责义务
Party B agrees to perform duties and responsibilities as described in the contract, diligently and faithfully in a professional manner.乙方同意按照合同要求，认真切实地完成相关职责和义务。
A. Party B will be given guidelines with suggestions of teaching methods. Party B agrees to School administration�s observation of class without advance notice. Party B agrees to allow parents and colleagues to observe classes.乙方将从甲方获得教学法的建议和指导。未经事先通知，甲方可以到乙方课堂听课，或安排家长和同事观摩课堂。
B. Party B agrees to work within a total of 40 hours per week (20 hours of teaching, and 10 hours of other activities as requested by Party A). Party B can determine the amount of classroom preparation time but need join 10 hours of other activities as requested by Party A .乙方同意每周工作总量为40小时左右，其中20小时教学， 10小时其他甲方要求的活动，其余时间为教学活动准备时间。但乙方可以根据需要决定备课时间的长短，同时必须参加甲方要求的相关活动。
C. Party B shall respect the exclusivity of the School�s education program. Party B shall not work at other schools or learning institutions or other kind of moonlighting activity; and shall not share School materials with other schools, learning institutions or students. No private lessons to students outside school are allowed. No supplementary lessons to school students without prior permission of school administration. 乙方应遵守甲方教育体系的保密性。未经甲方同意，乙方不得在其他学校或单位从事第二职业，不得与其他学校或单位分享甲方教学资料。未经学校允许，不得给校外学生私自上课。未经学校允许，不得给学生私自补课。
IV. PROCEDURE EXPENSE RELATED TO EMPLOYMENT 相关来华手续费用
When Party A and Party B have come to agreement on employment at the beginning of a one-year contract, according to Law of the People�s Republic of China on Exit and Entry of Aliens, Party B shall have a single-entry working visa, a one-year resident certificate, and an expert certificate. Party B will be required, at their expense, to obtain a single-entry visa to enter China (a �L� tourist visa or preferably a �Z� work visa). Party A will assist Party B in obtaining the required extended visa and certificates upon arrival in China . 双方达成协议后，甲方需根据中国法律帮助乙方办理工作签证和相关手续。

Party A will cover the expense as follows:甲方需要承担下列费用
300 Yuan to extend your single-entry visa for one year 一次签证办理300元
480 Yuan for a one-year resident certificate 一年期的居留证480元
100 Yuan for an expert certificate 外专证100 元
At the end of a one-year employment contract, if Party A and Party B agree to extend
employment for another year, Party A shall repeat the process of assisting Party B in
renewing the required visa and certificates and cover the expense as outlined above. If during the contract period Party B requires a re-entry visa (the visa Party B is required to have before leaving China to be allowed back into China ), Party B will be responsible for that expense, if any. Party A will assist Party B when a re-entry visa is required. 合同期满，如果双方同意续约，甲方应重复所有帮助乙方获得所需签证的手续和证件，并承担相关费用。如果合同期间，乙方需要办理二次获多次签证，乙方承担产生的费用。甲方协助乙方办理相关手续。
A renewal bonus of 2000 RMB will be granted if both sides reach an agreement on renewing the subsequent contract. 如果双方续签合同，甲方将支付乙方2000元的奖金。
Policy方针政策
1) We are a team and we will support and cooperate with each other in a professional manner at all time.我们是一个团队，需要相互支持合作。
2) Team members are expected to attend �Team Activities� whether it is an activity within the School, or an activity in the larger community.团队成员需要参加团队活动，无论是校内活动还使更大规模的团体活动。
3) Team members are expected to attend designated banquets/activities, as requested by the administration, to support a city or area function that underscores the international theme, as China seeks its place among the nations as a world leader.团队成员需要参加相关管理部门要求的宴会或者活动，以支持本城市或地区的国际主题的活动。
4) As per Party A�s requirement, Party B will have to work for five days per weeks. Work shifts are needed when the School needs teachers on weekends.根据甲方要求，乙方必须每周工作五天。学校需要外教周末调班时，外教需要服从安排。
5) Attendance at all staff meetings is expected.乙方需要按照要求参加团队会议。
6) Teaching objectives and goals and their attainment is subject to a weekly review.教学目标计划和效果需要符合每周的计划安排。
7) Generally, Christmas Day is a paid holiday. If unusual circumstances require one to teach, a compensatory day will be granted.圣诞节是带薪假期，如果情况特殊需要外教工作，随后将会安排一天的补偿假期。
One day of personal leave (each term) will be granted if the teacher secures other team members to cover his or her classes, and files such request at least 7 school days before the anticipated absence.每学期一天事假可以给予乙方，同事可以根据需要帮助代课，申请要求需要在7天前递交。
9) Two days to travel with immediate family members who visit in China during the school term will be granted (in lieu of one day personal leave, refer to # if the teacher secures other team members to cover his or her classes, and request is filed at least 7 school days before the anticipated absence.学期中，家庭直系成员国外来访时，可以准假两天培同家人旅游（代替一天事假，参看条款8）。如果外教需要同时帮忙代课，申请需在7天前提交。
10) As per contract, all community activity outside of school hours, whether paid or volunteer, is strictly prohibited unless cleared, in writing, with the school principal or assistant principal in advance.校外的各种活动，无论有偿还是无偿，除非校方清除情况，或校方领导书面同意，严格禁止参加。
11) Party A will provide with Chinese co-teacher or liaison who can speak English on Party B�s English class.甲方需提供能够讲英语的课堂助教协助乙方上课。

Signed by Party A 甲方_____________________________ Date 日期___________

Signed by Party B 乙方____________________________ Date 日期____________

[Shan-Shan]

[AussieGuyInChina]

As Shan-Shan said, if it feels right, then go for it.

Personally, I would give up on China altogether rather than sign a contract such as that.

[DistantRelative]

The reasons to pass on this job are simply to numerous to mention. Be way too time consuming to comment. RUN AWAY!!

Zhuhao,

Shawn

[Sonnibarger]

Thanks for the replies I sent this email back to them

I have a couple concerns about the contract that I would like cleared up if possible.

E. BOARD AND LODGING食宿
Party A shall supply Party B a fully private living arrangements, including fully equipped kitchen with hot water, North American bathroom, free cable television with CCTV 9 channel, fully furnished, computer desk, freezer and sofa. If private living arrangements are not possible, a 300 RMB living allowance will be paid by Party A.

If the school is unable to provide housing 300RMB living costs per month will not be enough to secure housing.

D. FLIGHTS 机票
If Party B fulfills the terms of this contract, half of a refund for an economy class round flight ticket home will be granted two weeks before you finish the six months contract and the other half will be granted two weeks before the end of the contract. An employee who works less than a year will pay for his or her own flights. The refund for an economy class round flight ticket will be paid by the invoice Party B provide and within 1200 Dollars.

Is it possible to have the contract pay a set dollar amount after the contract is complete? For example �Party A will provide Party B with $1000.00 CAD after a 1 year contract is complete.

B. Party B agrees to work within a total of 40 hours per week (20 hours of teaching, and 10 hours of other activities as requested by Party A). Party B can determine the amount of classroom preparation time but need join 10 hours of other activities as requested by Party A

The wording is not very direct in this part of the contract. Do these hours fall between Monday and Friday? What exactly is required during the 10 hours of other activities? 30 hours a week is considerably more then I had hoped, without including prep time.

Is it possible to include a clause similar to this in the contract?
�Party B can withdraw from contract without penalty if 30 days written notice is provided to Party A�

I was told I should be concerned with these issues in the contract. I am eager to secure employment and begin work in late July but I want to ensure the school is a good fit for me. Thank you for your time.

Yours truly,

[cj750s]

get ready to start haggeling once you get here...

[erinyes]

A. SALARY薪水
Employee agrees to keep salary information confidential.工资保密

Woops BREEEEEEEEEECH

[SheZook]

The contract mentions that computer and Internet access will be provided ON CAMPUS, not in your apartment (as stated in the telephone clause) - not acceptable! I'd ask them to clarify that point.
And apparently they'll only REIMBURSE airfare upon presentation of a receipt/invoice - I'd definitely be asking them for a set amount with no proof of purchase required.

[patsy]

Uh....... Just remove the sentence about "in a spirit of friendly cooperation", and then get ready for some intense haggling.

[upchuckles]

This training center and Kids Kastle (Baoji) are facing bankruptcy. You don't want to work for a private training center that has financial woes..

Let me rephrase that.. "Jimmy crack corn.. and I dun care.."

Ooooooh! The wheels on the bus go round and round..

[brsmith15]

I just love clause VI.) E.) about the necessity to observe Chinese morals.

I'm reminded of the movie of the musical "Amadeus" and the part where Mozart (Tom Hulce) announces he wants to write an opera in German filled with German virtues.

Antonio Solieri (played by F Murray Abraham) asks, "What are these virtues.....? I'd really like to know."

Ask them: "What are these Chinese morals? I'd really like to know."

[MKOK]

bgfbhg

[cj750s]

[MKOK]

IT'S PRETTY OUTRAGEOUS THAT YOU'RE ACTUALY CONDONING THAT TYPE BEHAVIOR.