Job Discussion Forums

[alexbowler]

Hello all, I am new to this and here is a contract I received. Could you please look over it and let me know if its a good one or not.

Draft Contract of Employment
Employer (Party A)

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 ______2013 to ______2014, ( 365 days ) 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 7500 (before tax), of which 70 % can be converted into foreign currency on a monthly basis. Please see the 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 the People’s Republic of China as well as any institutions and administrative stipulations concerned with Party B’s employment as herein provided.

2. Party A Shall conduct regular supervision, inspection and review of Party B’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’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 day 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. If both parties consider it necessary to determine an exact sum of the breach penalty, or to determine a breach penalty higher and lower than the above-mentioned amount, it shall be explicated in the appendix of this contract.
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. The appendix of this contract forms an indispensable part of this contract and shall have the same legal effect tithe text of this contract.
X. This contract shall take effect upon being signed 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.
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 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 Handan City on this____ day of _____ 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)





Appendix:










Appendix to Teacher Contract _________________________
Duties of Foreign Teacher


1. Teachers will dress and act appropriately, and arrive in the classroom 15 minutes before the scheduled class time.
2. Teach classes and lessons as assigned and agreed upon.
3. Teach jointly with Chinese Teacher.
4. Lessons will 45 minutes in length. Two classes will normally be taught simultaneously. Teacher will teach the 1st 45 minutes in class 1 , and the 2nd 45 minutes of class 2. Senior Hi and Adult classes may be totally taught by foreign teacher. Classes of less than 45 minutes may be prorated or as agreed upon.
5. Base or minimum lessons taught are 80 per month ( 20 teaching lessons per week - approximately
15 teaching hours / week ). Additional lessons are available..
6. Lesson plan preparation is done at the office in conjunction with the Chinese teacher at least 48 hrs ahead of the class time.
7. Teaching material will be provided and instruction given in presentation. The Material will be taught in its’ entirety, at a pace suitable for learning by the class.
8. Teacher may present the material in a manner that makes it interesting to the students.
9. Write teachers report cards with Chinese teacher to student’s parents at the end of each term . This is normally quarterly, at least 48 hrs ahead of the class time
10. Teachers will report to the office regularly and be available for student testing, promotions and recruiting on a rotating basis, or as agreed upon, including Saturday or Sunday.


Duties and Responsibilities of the Company

1. Reimburse economy airfare from place of residence to Handan City after 90 days from arrival date, and provide economy class return airfare, on 1 year contract, at the end of the contract unless otherwise agreed upon
2. The school will pay the cost of Letter of Invitation, Chinese Z Visa. and medical for residency and work permits.
3. The school will pay for residency permit and work permit, while the contract is in effect.
4. The School will withhold a total of 1000 rmb as a bond for apartment damage, default on payments. This may be deducted from the reimbursed ticket fee, or as agreed upon. This will be reimbursed at the end of the contract after the apartment has been inspected and all bills have been paid.
5. Pay in cash or direct deposit the base salary of 7500 rmb within the first 5 days of each month. Salary will begin the date of arrival in Handan City.
6. A salary review will be done after 3 months. Salary may be adjusted a max of 500 rmb / month for the balance of the contract. This coincides with the probationary period in item II in Part A.
7. Party A will advance 500 rmb upon arrival in Handan . This will be deducted from the 1st month’s salary, unless other arrangements are made.
8. Provide suitable, safe, living accommodations, as near to Western style as possible. This will be single accommodation 1 bedroom furnished apartment. The apartment conforms to the State guidelines for Foreign Teachers accommodation.
9. Install a telephone at no charge and hard wire internet connection if required. Party B will be responsible for all charges after that, including internet fees. If Party requires wireless connection, Party B will be responsible for the cost of the box. This may be paid by the office and deducted from the monthly salary.
10. Internet connection will be provided at the main office.
11. The School will pay the apartment heat for the winter months, and zone fees for the duration of the contract.
12. Party A will provide hot water machine for bottled drinking water. Party B will be responsible for paying for bottled drinking water, washing water, cooking gas, and hydro.
13. Transportation to work, school, and office will be provided or paid by The School. Unless otherwise agreed, this will by the school van.
14. Accident Insurance is provided by the School during the contract period.
15. Hospital coverage will be provided during the contract period if admitted and stay overnight in the Hospital. A translator will be provided during this period as required
16. Out patient medical treatment, at school appointed hospitals or clinics, will be paid as per the current Foreign Affairs guidelines. This is currently 70% paid by the school, and 30% paid by Party B. The maximum paid by the school, is currently 1500 rmb per year, after that Party B will pay 100%.
17. Provide Chinese language lessons at the office. These must be arranged and scheduled with the Chinese teachers in advance.
18. Provide translation services as time permits and when available. Translation services may be arranged through the teaching office so as to have minimal disruption in lesson planning and other activities which may be scheduled
19. Provide a desk in the teachers room at the Main Office for preparation of lessons
20. Provide all materials and teaching guidelines for lessons.
21. A bonus will be paid for all lessons taught that exceed the monthly Base level of 80 per month. This will be calculated at the rate of 75 rmb per lesson. Any lessons missed will be deducted from the extra lessons unless other arrangements have been made. This will be paid at the end of the contract.
22. Holidays are as follows. 1 weeks holidays in Jan / Feb during the Spring Festival,1 weeks holiday in August and 1 weeks holidays in October during the National Days, and any other Chinese holidays recognized by the State, not covered elsewhere.
23. If Party B takes vacation, while the contract is in effect, these holidays will be unpaid, and the contract will be extended for the period taken. Holidays may only be taken if classes can be taught by other teachers, and with the agreement of Management.
24. Assist in making holiday travel arrangements upon request.
25. Assist with banking, currency conversion, and provide records for income tax at the end of the contract or at year end.



_________________________ _________________________
Party A Party B

[roadwalker]

oops nevermind...

I didn't see the appendix clause 21 until after posting so I missed the part about overtime.

No major problems on a quick read, but you are tied to a Chinese teacher or teachers depending on the classes it seems. If you don't get along with that teacher your life could be hell. But it could turn out great as well.

[fat_chris]

[Bud Powell]

Three weeks' vacation for a 365-day contract? Man, you DON'T want to teach in a non-air conditioned room in China. If this is a public University or any kind of public institution, there'll be no heat in the winter and no a/c in the summer.

These struck me:

Party B’s Monthly Salary shall be RMB 7500 (before tax), of which
70 % can be converted into foreign currency on a monthly basis. Please see the appendix for terms and conditions on other remunerations and benefits concerned.



This will work ONLY if the school remits taxes for you. Otherwise, you could have a headache converting rnb to dollars or whatever your home currency is. In some areas, banks won't convert money unless your tax information is on file. Make sure that the school remits your taxes. Get it in writing.

10. Internet connection will be provided at the main office.

Clarify this. You may have to go to the FAO's office to use the internet. (I've heard of such things. It's probably NOT the case and only poor writing, BUT MAKE SURE).


11. The School will pay the apartment heat for the winter months, and zone fees for the duration of the contract.

Clear this up. You'll want the school to pay for utilities in the summer so you can run the a/c.

Is this an SAFEA contract? It reads like one, and it contains the same strange wording in one sentence that appeared in one of the contracts that I signed. I've seen that mistake only once.

7500rmb is a good amount if you are a BA level teacher at a public institution. The rate for BA teachers was in recent years 5000 rmb per month. Ph.D's (yeah right) got 7800 rmb per month.

Is this school in Jiangsu Province? If it is, try to PM me. I might know the school.

Also, nail down exactly what you will be teaching. 20 hours is pretty rough with split schedules, especially if you must cover two campuses. (Ask about that too). Find out how many different subjects you'll be teaching. If it's more than two, pass, no matter what those classes are. If they can't tell you, pass.

If you have more than ONE writing class, pass. You can't correct 160 papers per week (based upon 40 students in only four different classes) and do a good job.

Same for Western History. You'll have to do a LOT of prep for a history class to do a good job.

Ask if books will be provided. If you are told that you will be teaching writing, find out if they'll be using an IELTS writing text book. Unless the students are proficient in English, they won't be able to handle it. (I had to teach a group of students whose command of English was minimal, and the IELTS book was murder. I don't know how or why that book was picked).

Another thing: try to find out how long the FAO or whoever represents himself as the FAO has been in the job. Twenty-eight year-old FAO's are often a nightmare.

[Non Sequitur]

Is this a uni?
Sounds more like a high/middle school.
If so I'd want to know class size and if you are marking writing assignments you have a huge workload.
Are you teaching and living on site? The wording could mean that you will get the Spring Break (everyone does) but be doing summer school at unspecified locations.
At first sight the salary looks generous but factor in additional non-contact duties and I've not got a good feeling.

[Bud Powell]

23. If Party B takes vacation, while the contract is in effect, these holidays will be unpaid, and the contract will be extended for the period taken. Holidays may only be taken if classes can be taught by other teachers, and with the agreement of Managemen


This could be misworded, but taken at face value, the contract tells you that you have three weeks vacation but you can take it only if you can get another teacher to cover for you. Worse, the holidays will be unpaid. Get clarification of this one as well. Do they mean sick days or days off other than the assigned vacation days?

[roadwalker]

This looks like a language school contract (after hours and weekends for primary or secondary students/ adult learners). The appendix is the place you should concentrate on OP. This one is good in the sense that it reads clearly, so less chance of misunderstanding. Not impossible to have misunderstandings, however. Clarify anything you don't understand, even if it doesn't seem major. Good luck either way.

[WLamar]

"Only you can prevent forest fires"

There is nothing wrong with any contract if you agree to its terms and conditions. What is your opinion of the contract. Only you have you to live with the terms you agree to - so other people's opinions are worthless. Do you have any issue with it?

[fat_chris]

[teenoso]

the 'bonus payment' for overtime classes is awful : 75 RMB per class is not enough ;
also clarify what 'zone fees ' are (?) , and, as another has said, whether the school covers aircon. /electricity

[alexbowler]

Thanks for all the replies and advice. This contract is for oral and listening comprehension for kids 4-14 in Handan. I just wanted to get some advice from people who have actually signed contracts to teach as I am new to this. Again thanks for all the info you all provided, gives me a lot to think about.

[Bud Powell]

Didn't Madoff say the same thing when he got people to sign up for his scam…er uhh…plan? We see where that got people and Madoff himself--front page of the New York Daily News!.

LOL! But in the end, he got free utilities!

[fat_chris]

[fat_chris]

[alexbowler]

I'm grateful that all of you who have replied to this took the time to help a novice like me . Thank you, Thank you! I'm excited but nervous at the same time because of all the bad stories you hear. Any advice on how to recognize if your dealing with a reputable school? Or questions to ask the school that you would ask to make you feel more at ease about taking a job with them?