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RyznFree
Joined: 10 Nov 2008
Posts: 27
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 Posted: Tue Feb 03, 2009 4:59 am Post subject: How does this Contract look? |
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Hey all, I'm making the big move to China from California in 2 weeks and this is a sample of the contract the university and I agreed to sign. It looks good to my newbie eyes, but if any experts have any advice or comments, I would appreciate them.
Thanks!
Ryan
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I. Both Parties, In line with the principles of legality, fairness, equality, mutual agreement, honesty and trustworthiness, on a voluntary basis, and in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter.
II. The term of this contract shall be from _February 16th, 2009_to _ February 16th, 2010_, with the first month set as probation period.
III. Tasks assigned to Party B:
1. Teaching Chinese students in Ningbo Dahongying University (16 lessons/week, 45 minutes/lesson). Overtime pay shall be RMB100 Yuan per teaching-hour. Party B shall concentrate on her teaching and won�t be allowed to take part-time job in other college.
2. Giving lectures to the Chinese teachers and student (1 lecture/semester).
3. In the light of teaching requirement and in accordance with specific faculty conditions, Party A will define Party B�s teaching tasks and requirements in consultation with Party B.
IV. Party B�s Monthly Salary shall be RMB__4500__(before tax), of which__70__% can be converted into foreign currency on a monthly basis. Salary is to be paid every month from the invitee�s arrival at the post to the expiration of his/her contract. If the period is less than a month, salary is to be calculated according to the exact days. For each day, 1/30 is to be paid of the monthly salary.(the winter and summer salary is 80% of the full salary).
V. Party A�s Obligations:
4. Party A shall inform Party B of relevant laws and regulations of the People�s Republic of China as well as any institutions and administrative stipulations concerned with Party B�s employment as herein provided.
5. Party A Shall conduct regular supervision, inspection and review of Party B�s Working performance.
6. Party A shall provide Party B with necessary working and living conditions as follows:
a. Free private accommodation: having kitchen and bathroom, bedroom, furnished with a TV set, a refrigerator, gas, micro-oven, bedding, washing machine and air-conditioning, heating, free repair for the above, free Internet line, and free local telephone calls (international and domestic long distance call and fees for water, electricity, gas and transportation should be paid by Party B herself/himself; Party B has the responsibility to maintain the above furniture).
b. 120 Yuan RMB allowance for lunch per month, 100 Yuan for electricity and water allowance (Party B should pay for his meal).
c. According to the China�s medical system, public health series will be provided in China for the invitee, who is same as other teaching staff and accidental insurance will be provided. However, other fees of registering, consulting, transport to hospitals inserting an artificial tooth, massaging, replacing parts of glasses, dining in hospital, and buying non-medical nourishment should be paid by the invitee himself/herself.
d. Work visa, health check-up, multiple-entry resident card, and foreign expert card.
e. A one-way ticket for half-year contract (only economy class)/a round way tickets for one year contract (only economy class) at the end of his/her services.
7. Party A shall deploy fellow staff for Party B for coordination affairs.
8. Party A shall Pay Party B�s salary as scheduled.
VI. Party B�s Obligations:
1. Party B shall observe relevant laws and regulations of the People�s Republic of China and shall not interfere in China�s internal affairs.
2. Party B shall observe any institutions and administrative stipulations concerned with its employment, and shall be subject to Party A�s arrangements, supervision, inspection and review of his/her working performance. Without Party A�s consent, Party B shall not conduct any part-time job assigned by any other party.
3. Party B shall fulfill the tasks assigned to him/her with high standards within the prescribed time frame.
4. Party B shall respect China�s religious policies, and shall not conduct any religious activities incompatible with his/her status as a foreign expert.
5. Part B shall respect Chinese people�s ethics and customs.
VII. Revision, Cancellation and Termination of the Contract:
Both Parties shall abide by the contract and shall refrain from revising, canceling, or terminating the contract without mutual consent.
1. Revision of the contract. This contract can be revised with mutual consent. Before both parties have reached an agreement, the contract shall be strictly observed.
2. Cancellation of the contract. This contract can be canceled with mutual consent. Before both parties have reached an agreement, the contract shall be strictly observed.
(1) Under the following conditions, Party A shall have the right to inform Party B in writing of the cancellation of this contract:
a. Party B fails to fulfill this contract of the obligations and agreed conditions as herein stipulated, and fails to amend his/her actions after Party A has pointed it out;
b. On the basis of the physician�s diagnosis, Party B fails to resume normal work after a sick leave for a period of successive 30 days.
(2) Party B has the right to inform Party A in writing of Cancellation of this contract under the following conditions:
a. Party A fails to provide Party B with necessary working and living conditions as stipulated in this contract;
b. Party A fails to pay Party B as scheduled.
(3) In Case either party asks to terminate this contract, it shall give a 30 days notice to the other party in writing, and the contract shall only be terminated after 30 days.
(4) This contract can be terminated upon mutual agreement by both parties.
3. Termination of the contract
(1) This contract shall be terminated once it expires.
(2) This contract may be terminated with mutual consent of both parties, and it shall be strictly observed until both parties reach an agreement otherwise.
VIII. Breach Penalty
When either party fails to fulfill any part or all of the obligations as stipulated in this contract, that is, in the event of breach of the contract, the said party shall pay a breach penalty of US$800 to 3000 or equivalent to 3 to 10 times Party B�s monthly salary in RMB.
When Party B claims to cancel this contract due to force majeure, it shall produce certifying documents issued by competent authorities; after the contract is cancelled with Party A�s consent, Party B shall bear the traveling expenses thus incurred; and when Party B fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in this contract.
When Party A claims to cancel this contract due to force majeure, and the contract is thus cancelled with Party B consent, it shall bear Party B�s traveling expenses thus incurred; and when Party A fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred to Party B and pay the breach penalty to Party B as stipulated in this contract.
IX. This contract shall tack effect upon being singed by both parties and shall be automatically terminated upon expiration. When either party requires signing a renewed contract, it shall forward its request to the other party 30 days prior to the expiration of this contract, and both parties shall sign the new contract through consultations and mutual consent.
Upon the expiration of the contract, Party B shall bear all the expenses incurred during this own stay in China.
X. Settlement to dispute
Any dispute in connection with this contract shall be first of all settled between both parties concerned through friendly consultation. In case no settlement can be reached through consultations or intermediation, both parties shall submit the said dispute for arbitration with local personnel authorities or the local labor arbitration system. In case either party refuses to accept the arbitration award, it may bring an action before the people�s court. This contract is signed by both parties at_________( location) on this ___________(date). This contract is in duplicate, each in both Chinese and English versions, and both shall take effect upon being signed at the same time.
Party A: Party B:
(Signature) (Signature) |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Tue Feb 03, 2009 5:36 am Post subject: |
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I didn't read it word for word, but a couple of things stood out:
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| won�t be allowed to take part-time job in other college. |
I guess that means you CAN take other part time jobs in other venues, yes? That's good, because that 4500 salary is not going to get you too far!
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| international and domestic long distance call and fees for water, electricity, gas and transportation should be paid by Party B herself/himself |
You are going to have to pay for your own utilities? On a 4500 rmb a month salary? Plus food, entertainment, traveling, etc. Dude (or dudette) - - are you here for the pay or the pretty scenery? Ningbo winters can be COLD and the summers HOT. High electricity costs just to warm or cool your apartment for half the year (springs and autumns can be nice).
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| Before both parties have reached an agreement, the contract shall be strictly observed. |
Make sure you highlight this statement and point it out often if/when they try to screw you over. Also, of course, you should stick to your side of the agreement as well.
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| tack effect upon being singed |
Sorry, just nitpicking |
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Voldermort
Joined: 14 Apr 2004
Posts: 597
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| Posted: Tue Feb 03, 2009 6:21 am Post subject: |
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| A one-way ticket for half-year contract (only economy class)/a round way tickets for one year contract (only economy class) at the end of his/her services. |
A ticket to where? A bus ticket to the airport?
I would have that changed to either the purchase of an airticket, be sure to have the amount written in there, or straight up cash. Who knows, you may want to stay on after a year.
As Kev said, 100 yuan per month for water and electricity is just not enough. I pay a little more than that myself, sure I leave my PC on 24/7 but I have no A/C.
You might also want to check into the location of the accommodation. Is it on campus? if not how far from the university? Think about cost's of commuting here.
The rest of the contract seems pretty standard. |
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gregmcd101
Joined: 06 Jun 2006
Posts: 144
Location: Ireland (for now)
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| Posted: Tue Feb 03, 2009 7:17 am Post subject: |
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I work in Ningbo in a different uni. My contract is a little better in all aspects. 4,500 will allow you to live comfortably, but dont bank on having a lot of spare travel cash. My contract is 14 hours, yours 16. Actually I do 22 and in the 1st semester of this year cleared about 18,000 in overtime (@120/class hour). To give yourself that additional comfort level I suggest doing something similar. some may disagree, but i find myself growing bored if I do less than 20 hours. 22 would give you a nice boost - just make sure they calculate it weekly, and not monthly - if monthly you will lose out during national holidays etc.
In my previous job I had no issue with bills. Here I have a 500/month utilities ceiling. That is plenty and I did not go over this semester and had nothing to pay. However I do not know the actual cost - but am pretty sure 100 will be nowhere near enough (for me at any rate) - I estimate mine was prob in the 300/400 region, but I use AC a lot.
Ningbo is a decent, tho not outstanding city. If you drink beer contact me upon arrival, we will be practically neighbours.
greg |
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Ferne
Joined: 29 Apr 2003
Posts: 177
Location: GZ
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| Posted: Tue Feb 03, 2009 9:25 am Post subject: Re: How does this Contract look? |
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| RyznFree wrote: |
2. Giving lectures to the Chinese teachers and student (1 lecture/semester). |
[/quote]
I assume this is an unpaid 5-hour lecture? |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Tue Feb 03, 2009 10:16 am Post subject: |
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the base salary is a little low.
Again, just my opinion, but I think that in 2nd tiered cities, with housing 6500rmb and without housing 8000-10000. In a major city, the least, 10000 with some housing.
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Quote:
won�t be allowed to take part-time job in other college.
I guess that means you CAN take other part time jobs in other venues, yes? That's good, because that 4500 salary is not going to get you too far! |
Remember, the work permit is issued for one profession only and in one work unit. Other jobs may include waiter or otherwise entertainment employment, but this may only be offered to those who live in major cities and is not legal employment. |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Tue Feb 03, 2009 2:59 pm Post subject: |
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| Listen to evaforsure with reverence because China (and its people) is one of the most law-abiding countries in the world. Take care. |
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RyznFree
Joined: 10 Nov 2008
Posts: 27
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| Posted: Tue Feb 03, 2009 3:43 pm Post subject: |
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Guys, thank you very much for the input. I thought 4,500 for 16 classes was pretty standard for newbies? Utilities are low, I agree.
Well I already have the work visa and ticket to Ningbo, but the contract hasn't been signed. Any advice when I get there and sit down with them? I've already agreed that everything looked good (in an email), so do you think I should still negotiate? If so, for how much?
Greg, a beer is always good.
Thank you, thank you, thank you,
Ryan |
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Itsme
Joined: 11 Aug 2004
Posts: 624
Location: Houston, TX
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| Posted: Tue Feb 03, 2009 5:19 pm Post subject: |
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Let's see here.
16 lessons per week
45 min per lesson
thats 720 min per week
x 4 weeks per month = 2880 min per month
divided by 60 min in an hour
= 48 hours per month.
4500 yuan divided by 48 = 93.75 yuan per hour.
If you think that's fair then go for it.
A word of caution. You may lose many employment opportunities over haggling for salary. Try not to be bitter after the fact 
But 93.75 per hour? That's a bit low .
I would say at least 6000 if you are going to pay your own utilities. |
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gregmcd101
Joined: 06 Jun 2006
Posts: 144
Location: Ireland (for now)
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| Posted: Thu Feb 05, 2009 5:13 am Post subject: |
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| RyznFree wrote: |
Guys, thank you very much for the input. I thought 4,500 for 16 classes was pretty standard for newbies? Utilities are low, I agree.
Well I already have the work visa and ticket to Ningbo, but the contract hasn't been signed. Any advice when I get there and sit down with them? I've already agreed that everything looked good (in an email), so do you think I should still negotiate? If so, for how much?
Greg, a beer is always good.
Thank you, thank you, thank you,
Ryan |
a little below standard these days - I agree with 6,000. I am averaging about 9,000, but that is because I do the hours to facilitate gadding about the country by plane and stay in good hotels. If you are not the spendthrift I am, 6000 is ample, 4,500 a touch low. If you have agreed in principle already then haggling might cause you to be perceived as a little suspect. I still say go with the overtime. Maybe request a better deal on utilities. Or, failing that look elsewhere. Seems to be a general shortage of teachers in Ningbo this year which is why I was able to teach as much extra time as I wanted |
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arioch36
Joined: 21 Jan 2003
Posts: 3589
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| Posted: Thu Feb 05, 2009 6:53 am Post subject: |
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Honestly, 4,500 for 16 hours at a uni isn't bad ... compared to what every other laowai I know is making at the uni. Of course my former uni which pays the same for 20 hours now only has non-native speakers and backpackers from nonnative countries. I know a few unis paying 6,000, I know a lot of laowai these days.
Could someone please emntion the names of these unis offerering 10,000? I will ask eva for the same thing eva asked others .. which unis are they? Where? And for just a BS and a couple years of experience?
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| In a major city, the least, 10000 with some housing. |
Examples? Qingdao pays less then HEnan! Actually the rule I have found is that the further the school is from the capital. major city, the higher the salary! I do have the proof at Dave's of being here for at least 8 years. I am not going to bother mentioning any schools paying 4,00-6,000 because then I would be mentioning every school I personally know of, or I personally know of a laowai working there.
Compared to what other laowai are ecepting, 4,500 for 16 hours is ... unfortunately ... pretty standard ... if not, please be more specific |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Thu Feb 05, 2009 8:27 am Post subject: |
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What I suggest is mealy a guideline and is primarily the criteria I look at when choosing a school or company to seek employment. It is not my intention or responsibility to find opportunities on an opinion board. I have just stated in past post that I see pay grades of this level coming across.
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| I will ask eva for the same thing eva asked others .. which unis are they? |
I am sorry, but I don�t recall ever asking "what unis are they" in regards to pay levels. To this question, I would answer, everyone is responsible for your own research.
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| Compared to what other laowai are ecepting, 4,500 for 16 hours is ... unfortunately ... pretty standard ... if not, please be more specific |
First, I have not stated this is not standard, as I don�t know what the actual standard is, by market driven forces and I doubt anyone really has complied the data to make this kind of characterization of pay grades in china. Maybe the laowai (u Know) are accepting this level of pay grade, but, those I know would have a hard time making it on this level of remittance.
An example would be FTs I met from D-Telfort (sorry if the spelling isn�t clear) in Beijing, who (told me) were paid 8000rmb plus housing and claimed it wasn�t enough for them to actually enjoy the nightlife of Beijing. Several of the teachers were ex military men who worked part time as security personal. I gather information based on a variety of conversation with a variety of people, and form an opinion as to what I think, later offer it as a post. It is simply an opinion, which you can agree with or not. To use Dave�s as proof of your point, while valid, is extremely short sited, as this site will often be host to employment which is offered by education companies� with limited funding to pay employees. |
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therock
Joined: 31 Jul 2005
Posts: 1266
Location: China
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| Posted: Thu Feb 05, 2009 8:47 am Post subject: Re: How does this Contract look? |
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| Even though they have said you can't work at another school part time, most schools usually turn a blind eye to this. As long as you turn up to class and the students don't complain you are pretty free to do what you want outside of your classes. |
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eddy-cool
Joined: 06 Jul 2008
Posts: 1008
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| Posted: Thu Feb 05, 2009 12:13 pm Post subject: |
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Not very generous but not too unusual either, though I would feel I needed extra clarification on:
- holiday remuneration: Full pay during holidays?
- Holiday travel allowance?
The salary is below the tax threshold, so make sure they are not going to deduct anything towards 'tax'... |
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RyznFree
Joined: 10 Nov 2008
Posts: 27
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| Posted: Thu Feb 05, 2009 6:26 pm Post subject: |
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"Below the tax threshhold?"
Great point, but just to be thorough: What is the tax threshhold for FTs, is that standard across China, and what exactly does that mean for me the FT?
Thank you for all the input and opinions. |
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