Job Discussion Forums

[edetoronto]

Hi all!

Thanks in advance to anyone is able to help me! I've just been offered a position to teach at a university in Changchun. The contract seems ok to me from what I've deduced from this forum but I'm new to this so I just want to make sure I'm not missing anything or perhaps there's something I should have added to the contract.

My only concern is they promised me a 2000$ (canadian) signing bonus which isn't stipulated in the contract. There was also mention of a performance bonus which is not in the contract either.


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CONTRACT OF EMPLOYMENT

Employer (Party A)Name of the Employer:
Legal Representative:
Agent ad item:
Address:
Tel:
Fax:

Employed Foreign Experts or Professionals (Party B)Name:
Sex:
Date of Birth:
Nationality:
ID Number:
Overseas Address:
Tel:
Fax:

I. Both parties, in line with the principles of legality, fairness, equality,mutual agreement, honesty, and trustworthiness, on a voluntary basis, and ina spirit of friendly cooperation, agree to sign this contract and pledge to fulfillall the obligations stipulated hereinafter.

II. The term of this contract shall be from Feb. 28, 2011 to Aug. 27, 2011,with the first month set as probation period.

III. Tasks assigned to Party B (see the appendix).

IV. Party B�s monthly salary shall be RMB 7,150.00 (before tax), of which70% can be converted into foreign currency on a monthly basis. Please seethe appendix for terms and conditions on other remunerations and benefits concerned.

V. Party A�s Obligations:
1. Party A shall inform Party B of relevant laws and regulations of thePeople�s Republic of China as well as any institutions and administrativestipulations concerned with Party B�s employment as herein provided.
2. Party A shall conduct regular supervision, inspection and review of PartyB�s working performance.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall deploy fellow staff for Party B for coordination affairs.5. 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�sRepublic of China and shall not interfere in China�s internal affairs.
2. Party B shall observe any institutions and administrative stipulationsconcerned with its employment, and shall be subject to Party A�s arrangements, supervision, inspection and review of his/her workingperformance. Without Party A�s consent, Party B shall not conduct anypart-time job assigned by any other party.
3. Party B shall fulfill the tasks assigned to him/her with high standardswithin the prescribed timeframe.
4. Party B shall respect China�s religious policies, and shall not conduct anyreligious activities incompatible with his/her status as a foreign expert.
5. Party 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 mutualconsent. Before both parties have reached an agreement, the contract shallbe strictly observed.
2. Cancellation of the contract. This contract can be canceled with mutualconsent. Before both parties have reached an agreement, the contact shallbe strictly observed.
(1) Under the following conditions, Party A shall have the right to informParty B in writing of the cancellation of this contract:
a. Party B fails to fulfill this contract or the obligations and agreedconditions as herein stipulated, and fails to amend his/her actions afterParty A has pointed it out;
b. On the basis of the physician�s diagnosis, Party B fails to resume normalwork after s sick leave for a period of successive 30 days.
(2) Party B has the right to inform Party A in writing of the cancellation ofthis contract under the following conditions:
a. Party A fails to provide Party B with necessary working and livingconditions 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 daynotice to the other party in writing, and the contract shall only beterminated 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 the mutual consent of both parties,and it shall be strictly observed until both parties reach an
agreement otherwise.

VIII. Breach Penalty 2
When either party fails to fulfill any part or all of the obligations as stipulatedin this contract, that is, in the event of breach of the contract, the said partyshall pay a breach penalty equivalent to 3 to 10 times Party B�s monthlysalary in RMB. If both parties consider it necessary to determine an exactsum of the breach penalty, or to determine a breach penalty higher or lowerthan the above-mentioned amount, it shall be explicated in the appendix ofthis contract.When Party B claims to cancel this contract due to force majeure, it shallproduce certifying documents issued by competent authorities; after thecontract is canceled with Party A�s consent, Party B shall bear the travelingexpenses thus incurred; and when Party B fails to provide any valid reason tocancel this contract, it shall bear the traveling expenses thus incurred and paythe breach penalty to Party A as stipulated in this contract.When Party A claims to cancel this contract due to force majeure, and thecontract is thus canceled with Party B consent, it shall bear Party B�straveling expenses thus incurred; and when Party A fails to provide any validreason to cancel this contract, it shall bear the traveling expenses thusincurred to Party B and pay the breach penalty to Party B as stipulated in this contract.

IX. The appendix of this contract forms an indispensable part of this contractand shall have the same legal effect with the text of this contract.

X. This contract shall take effect upon being signed by both parties and shallbe automatically terminated upon expiration. When either party requires signing a renewed contract, it shall forward its request to the other party 30days prior to the expiration of this contract, and both parties shall sign thenew contract through consultations and mutual consent.Upon the expiration of this contract, Party B shall bear all the expensesincurred during his own stay in China.

XI. 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 nosettlement can be reached through consultations or intermediation, both parties shall submit the said dispute for arbitration with local personnelauthorities or the local labor arbitration system. In case either party refuses toaccept the arbitration award, it may bring an action before the people�s court.This contract is signed by both parties at Changchun (location) on this January 21, 2011(date). This contract is in duplicate, and both shall takeeffect upon being signed at the same time.

Party A:(Signature)
Party B:(Signature)


Appendix:
1. Salary:
For the first month Party B arrives and the last month Party B fulfills thecontract but not worked for a full month, Party A will pay Party B by days,each day's salary will be of one thirtieth of the full one.

2. Allowance:
Party B shall have approximate one and a half months paid vacation andholidays in accordance with students. Party A shall pay Party B 5,000RMBfor airfares when this contract expires and additional 5,000 RMB if thiscontract is renewed.

3. Accommodation
Party A shall supply free housing (separated furnished apartment, TV,refrigerator, washing machine, bed, bed goods, cooking equipment andinternet.)

4. Medical fee:
Party A will offer a medical insurance including unintentional injuries, trafficaccident, illness, death from illness and accidental medical treatment grant-in-aid. Party A shall pay the fee of insurance.Party A will not pay the following items to Party B: registration fee inhospital, expenses related traffic to hospital, fix and wash tooth, face-lifting,health massage, spectacles, meals in hospital, invigorants of non-medical use,and doctor�s diagnosis expenses.

5. Course arrangement
Party B shall teach 13 classes (1.5 hours/class) per week. If there is extraclass, Party A shall pay overtime pay after negotiate with Party B.

6. Teaching order:
Party A has the right to comment Party B� class. Party B could negotiate theteaching content or method with teaching departments. Party B has to followthe order from the teaching departments. Party A shall have the right tosupervise Party B�s class with related experts aperiodicity. Party A shallinform Party B forward by one week.

7. Special provision
If party B can not fulfill the tasks because of the objective factor like accidentand ask for leave within two weeks, party A shall pay 90% of salary. Party A shall pay 80% of salary when party B asks leave for three to four weeks.Party A shall pay 70% of salary when party B asks leave for five to sixweeks. Party A shall pay 60% of salary when party B asks leave for seven toeight weeks. Party A shall have the right to inform Party B in writing of thecancellation of this contract and freeze salary and all the treatments if party Basks leave for more than eight weeks.

8. Casual leave provision
Party B shall not ask for leave more than ten days or continuous three days.Party A shall have the right to deduct party B� salary based on the leaving days. Party A shall have the right to deduct party B 500RMB if party Bchange the school timetable or quit the class without party A�s permission.Party A shall require Party B to make up missed classes within two weeks.

9. Foreign affaires disciplines
1) Party B can not let others live in the apartment which Party A offerswithout Party A�s permission. If there is friend or cousin to visit, Party B shallinform foreign affaires office and submit the related information (passportand others).
2) After this contract expires, Party B shall go through the leaving procedure
3) Party B shall not have class in the apartment.
4) Party B shall respect Chinese people�s customs and laws. Party B can notpublicize any content related to religion.

10. Punishment and terminating contract provision
1) Party A shall seek for opinions of party B�s teaching from students anddepartments regularly. Party A shall deduct salary taking the circumstancesinto consideration if party B gets bad reflection such as always being late,being absent without leave or attack students etc. Party A shall have the rightto inform Party B in writing of the cancellation of this contract and freezesalary and all the treatments under the following conditions: Party B gets thesatisfaction rate from the students lower than 60% or Party B�s attendancerate lower than 95%.
2) Party A shall have the right to cancel the contract if party B can not arriveat the post without party A�s permission after the semester starts.
3) Party B shall have 30 days as probation period. Party A shall have the rightto cancel the contract if party B can not fulfill the teaching by healthyproblem or teaching ability.

Party A:Date:
Party B:Date:
***********************

Thanks again for your help!

[Kysorb]

I don't see anything completely unreasonable, other than maybe the no overnight guests clause in the contract.

As for the things you were promised that are not included, if they aren't in there they aren't coming. I would ask about them.

[randyj]

Actually this is a fairly hefty teaching load. Thirteen classes of 1.5 hours each weekly translates to 26 hours, where each class lasts 45 minutes (as they do at our university). As you noted, such items as bonuses and performance incentives need to be specified in writing.

[kev7161]

Yeah, bonuses and such are usually listed in the Appendix. Don't EVER assume or take an "oral agreement" about anything. Have it specifically written in your contract or they will definitely play dumb when the time comes for them to pay up. My school put a notice in our "welcome" packet orientation handbook. It said if you were punctual to your classes and didn't miss any throughout the school semester, you'd get a 500 rmb bonus at the end of the semester. Great! When I reminded the guy in our FA office, he seemed puzzled. What I found out later is that some teachers have had that in their contracts for the past year or two, others have not. I think someone erroneously put it in the handbook and now they had to pay out everyone who followed the guidelines. Oops! But they did it without any fuss.

[edetoronto]

Thanks for the feedback! Still waiting for a response to my query about the bonuses although I'm beginning to think it might be part of a separate contract (the job is issued through a canadian government program).
13 classes is only about 20 hour per week or about 4 hours per day which I think is reasonable.

[DosEquisX]

[edetoronto]

[mat chen]

A probation period of one month. It looks like a win win.