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Review this offer for me please- Lingxi

 
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daylatehero



Joined: 03 Jun 2010
Posts: 8

PostPosted: Fri Feb 18, 2011 5:35 am    Post subject: Review this offer for me please- Lingxi Reply with quote

Lingxi DD Dragon School. Kindergarten 25hrs a week. 7000(500rmb perfect attendance bonus ) - 200rmb for taxes. 5000 rmb first month probation. 100 rmb/hour overtime. School pays for visa teacher pays medical check. school determines hours. 5000rmb year complete bonus + one way airfair.

DD Dragon School
Lingxi Branch
EMPLOYMENT CONTRACT FOR FOREIGN TEACHERS
外教劳动合同




1. AGREEMENT PARTIES:
a. This agreement is entered into on____________ , by the representative of D.D. Dragon English School (hereafter referred to as �The School�), and the teacher, ______________________ (hereafter referred to as �The Teacher�)。 此协议由________________教学点,由经营代表人_________以下简称�学校�,及外教姓名:___________,以下简称�该外教�。

b. The teacher, a native of ____________, _______ years of age, is to be employed as a full-time English teacher by D.D. Dragon English School。该外教国籍为_______。年龄:___________.
c. The period of employment is from _____________ 2010 (The Teacher�s arrival date in China) to ______________ 2011(a total of 51 weeks) 该协议之期间为
元____年___月___日至公元____年___月___日,为期共51周。

2. AGREEMENT PERIOD
1. Conditions of Employment
1.1 Salary
1.1. 1 The Teacher will perform 25 teaching hours per week, for which The School will pay The Teacher a set monthly salary of RMB7,000 per month, RMB500 of which is a perfect attendance bonus. The teacher will also be paid a Contract-Completion Bonus of RMB5,000 (see 1.5.1). Should the foreign teacher sign a second year contract, their salary will be RMB8,000 per month, RMB500 of which is a perfect attendance bonus. After completion of the second year contract the teacher will be paid a contract completion bonus of 10,000 RMB.学校同意支付该外教固定每月薪资人民币7,000元(其中全勤奖500元)及完约奖金人民币5000元整(详见1.5.1),如签约笫二年, 学校同意支付该外教固定每月薪资人民币8,000元(其中全勤奖500元)及完约奖金人民币10000元整,该外教每周固定教学时数为25小时。
1.1.2 Salaries are paid monthly in arrears on the 15th day of the month following that being paid (or on the last working day prior to the 15th day of the month). 学校同意于每月15日支付前一个月,月初至月底之薪水予该名外教。
1.1.3 Taxes due, payable according to the laws of the People�s Republic of China (hereafter referred to as "China"), will be deducted monthly from The Teacher's salary at a rate of RMB200. 该名外教同意支付所得税(学校代交人民币200.00元),所得税依据中国税法计算办理。
1.1.4 Should the number of teaching hours exceed 25 hours per week, The Teacher will be paid an additional RMB100 per hour. 若该外教每周教学时数超过25小时,学校同意支付该名外教每小时人民币100元正。
1.1.5 The first full month of teaching will be considered to be a trial period and the teacher will receive RMB5,000. 该外教之第一个上岗教学满月视为试用月(受训期不算),其教学时数每周可能不满25小时,学校则支付该外教试用月薪资为人民币5,000元。

1.2 Training, School Functions, Duties, and Penalties
1.2.1 The training period, which will occur prior to the commencement of the working period, will be up to 10-15 working days and The Teacher will be paid RMB100 per training day. The Teacher�s full-time salary will only come into effect after the training period. 在该外教上岗试用月前,学校会安排不超过10-15个工作日之受训期,学校同意支付该外教每日人民币100元正之零用金,在这期间,不须再支付该外教任何薪资。
1.2.2 The Teacher must attend (but will not pay for) any training that The School organizes for him/her. 该名外教必须参加学校所安排的受训行程。
1.2.3 The Teacher must attend important school functions (without pay) such as the Christmas Party. 该名外教必须参与学校重大宣传活动,如圣诞派对及毕业典礼,其间不支薪。
1.2.4 On arrival at The School, The Teacher will be instructed as to his/her Duties (either to be performed during class or during class preparation time). Should The Teacher neglect said Duties in a manner that results in the loss of income to The School, then The School reserves the right to take punitive action. 自该外教扺逹学校后,该外教必须遵守学校之安排教学或愘守校规,若该外教违反此项规定,而造成学校损失,学校有权对该外教作罚款处份。
1.2.5 On arrival at The School, The Teacher will give The School Supervisor all necessary documentation necessary for the application of the Working Visa or Business Visa (including passport, passport photographs and certificates). Said documents will be returned to The Teacher as soon as the Working Visa and Resident Permit are ready. 该外教抵校报到后,必须缴交予学校相应文件,以利学校申办工作签证或商务签证,如:护照、护照相片、及相关证明、履历表等)。上述文件在申办工作签证和居留证或商务签证完毕以后,尽快归还给该外籍教师。
1.2.6 Once a month, on a set day arranged by The School, The Teacher will make telephone contact with DD Dragon Head Office in Shanghai. During this telephonic conversation both The Teacher and DD Dragon Head Office will communicate to each other any concerns or queries that either side regards as important. 当月领薪日,外教应主动打电话至迪迪龙上海总部,汇报上月工作情况。
1.2.7 The School reserves the right to send The Teacher to a nearby DD Dragon Branch on a short-term basis in the event that another branch urgently needs a teacher. 总部在得到学校经营人同意的情况下,有权调配该校外教,至附近需要紧急帮助之其它迪迪龙分校。

1.3 Working Hours
1.3.1 The times and classes that The Teacher will be required to teach will be determined by The School. 学校课程(包括临时调课)及工作时数由学校安排,并提前一天通知,外教不得有任何理由拒绝。
1.3.2 The Teacher will arrive at The School early each day to prepare all lessons to the best of his/her ability. The recommended amount of preparation per lesson is at least 30 minutes. In the event that The Teacher is not preparing lessons in a satisfactory manner, then The School reserves the right to stipulate an amount of time that must be spent preparing lessons each day. 外教将到校备课,尽力做好对所有课程的准备工作。每一节课的准备时间至少30分钟。若外教未能以令人满意的态度去准备课程,那学校有权力强制让外教每天运用足够的时间准备课程,直到学校满意为止。
1.3.3 During the first two months of the contract, during which time not all of The Teacher�s classes will have been opened, The Teacher will be required to assist in the promotion of DD Dragon English School. 学校预计于外教报到后二个月,因学校正值推广期,课程不多,该外教必须全力协助学校推广招生,不得有议。

1.4 Working/ Business Visa
1.4.1 The School will apply for a Resident Visa and a working visa, or a Business Visa for the teacher. The school will pay for the costs thereof. 学校同意为该名外教申办第一选择:工作证与居留证,或第二选择:商务签证,其相关政府规费由学校支付。
1.4.2 The costs of the mandatory Health Check required for the application of the Resident Visa will be paid by The Teacher. 申请居留签证所需要的健康检查之费用由该名外教支付。
1.4.3 As the issuing of a Resident Visa is linked to employment at the applying school, The School is required to notify the Chinese authorities to cancel The Teacher's Resident Visa should The Teacher leave The School's employment. 若外教因故离职,学校有权取消该外教之工作证及居留证。
1.4.4 As the issuing of a Resident Visa is linked to employment at the applying school, The School reserves the right to prevent The Teacher from working anywhere outside of The School during the contract year. 由于该外教之工作证及居留证由学校所申请,故学校有权管理及干涉该外教在外之应聘行为。

1.5 Bonus and Insurance
1.5.1 The School will pay The Teacher a Bonus of RMB 5,000 on completion of this contract. 学校同意支付该外教履约奖金人民币5,000元。如续约
1.5.2 On completion of the first full month of teaching The School will provide The Teacher with accident and disaster insurance that will cover The Teacher from RMB100,000 to RMB300,000 depending on the nature and seriousness of the injury. For more minor injuries resulting from an accident The Teacher will be reimbursed 75% of all medical costs up to RMB1,000. 外教在本校任教满一个月,学校应为外教购买意外保险,保险公司将支付其意外保险金10万至30万,如果伤势不是很严重,医药费没有超过1000元,保险公司将支付医药费的75%。
1.5.3 The teacher travel to a branch of The School cannot be beyond 30 minutes. Should The Teacher be required to travel to a branch of The School that requires more than 30 minutes of travel time, The School will pay The Teacher for the traveling time (after the 30 minutes) at the rate of RMB50 per hour (I.e. RMB0.8 per minute). 若学校外派外教至其他教学点教学,其途中花费时间不得超过30分钟后,若超过30分钟,则应付外教旅费薪资,超过30分钟后的比例按每小时50元来计算。(比如一分钟人民币0.8元)

1.6 Absenteeism
1.6.1 If The Teacher cannot attend class for whatever reason, he/she must let the School know at least 3 hours before the start of the class. RMB100 will be deducted from the monthly salary for every hour of class missed. If the teacher is late for class including the 30 minutes of allocated prep time, RMB50 will be deducted from the teacher�s salary. If the teacher is absent without notice or reason, the teacher will be deducted the subsequent losses caused by him/her to the school. These losses are calculated at the rate of RMB 75 (600/Cool per student. As well as a warning that continuing this behavior will result in termination. 假如该名外教有任何理由无法到课,该名外教必须至少在该堂课前3个小时告知学校(校长),并将缺课时数以每小时人民币100元正从该月薪水中扣除。假如该名外教有任何理由迟到,将迟到次数以每次人民币50元正从该月薪水中扣除。假如该名外教有任何理由旷工,学校将扣除旷工时间内给学校造成的损失(如一次课,15人*600/8=1125元),并给予严重警告。
1.6.2 The Teacher will be given one week of paid vacation, which must be 7 consecutive days and which will fall over the Chinese New Year. Any additional vacation will not be paid for by the school. 过中国农历新年时外教将得到一周的带薪假期,这7天是连续的,其他假期学校不支薪。

1.7 Accommodation
****1.7.1 The School will provide The Teacher with his/her own room in a furnished apartment. The Teacher will be responsible for the telephone, water, electricity, administration and gas costs. 学校同意提供该名外教免费安适之住宿公寓,住宿设备请参考�外教住宿环境同意书�.该名外教必须自行负担住宿公寓之电话费,水电费用,大楼管理费等相关费用。

2. Responsibilities
2.1 Duties
2.1.1 The Teacher will be acquainted with and adhere to The Teacher's Duties as communicated to The Teacher by The School. 该名外教与学校之任务的履行应照此约照实履行。
2.1.2 The Teacher will at all times uphold the name of The School. 该名外教应尽其所能维护该校之良好形象。
2.1.3 The Teacher will dress and be groomed according to the standards and requirements of The School as determined from time to time. 学校有权利规范该名外教之服装仪容。该名外教尽量能符合学校要求,维护为人师表之良好形象。

2.2 Offenses
2.2.1 Any actions by The Teacher in contravention of the terms of this contract will be regarded as an offense and may result in the termination of this contract by The school. 若该名外教需到外地旅游考察,应提早一天向学校申请,否则,学校有权利终止协议。
2.2.2 Additionally, deliberate destruction and damage to The School�s property, ill-treatment of and disrespect to the School�s students, parents and staff, and contravention of China's national laws will be regarded as offenses to The School and may result in termination of this contract. 若该名外教有不良行为或教学品质恶劣,学校有权利终止契约。


3. General Terms of the Agreement
3.1 Contract Renewal
3.1.1 The School may at its discretion renew this contract with The Teacher at the end of this contract period. 学校依外教表现优劣,可自行与该名外教订立下一年度契约。
3.1.2 Where the contract is renewed a clean copy of this contract must be signed by The School and The Teacher on which the new contract period is stated. 学校与该名外教应就双方同意之契约签名盖章,使得以行使第二年续约行为。

3.2 Contract Termination and Changes
3.2.1 This contract may be terminated by The School in the case where The Teacher is found guilty of an offense in terms of paragraphs 2.1.1,2.1.2,2.1.3,2.2.1 and 2.2.2 of this contract. 若外教触法或触犯2.1.1, 2.1.2, 2.1.3, 2.2.1及2.2.2条款,学校可以立即终止合约。

3.3 Chinese Law
3.3.1 Gross violation of The Teacher�s responsibilities and duties outlined in this agreement or any Chinese law may result in the reporting of The Teacher, by The School, to the Education Department, Foreign Affairs Office, or other appropriate authorities. The School will immediately terminate this contract,and cancel the teacher�s working visa and resident certificate. 若该名外教在中国教学期间行为不当或恶意离职,学校可致函予当地教育局及外事警察局等相关单位,撤销该外教之居留证及工作证。

3.4 Resolution of Conflict
3.4.1 If in these or any other matters The School and The Teacher cannot come to an agreement, the matter will be settled in the local provincial or district court or any other court that the case may be allocated to. 学校及外教双方若有法律诉讼行为,视当地法庭为当然诉讼法庭。

3.5 Premature Termination of Employment Agreement
3.5.1 In the event that The Teacher wishes to terminate this contract prior to the completion of 51 weeks of employ by The School, The Teacher will pay The School RMB8,000 as compensation for losses incurred by The School. The School will keep 4,000 of the second month`s salary as compensation. You will get it back when you complete a contract and leave the school.若该名外教欲提前终止合约,而非经学校同意,学校得要求该外教人民币8,000元之罚款,作为违约赔偿金(包括房租、办理签证、工作证、培训费等);外教同意把第二个月薪金中4,000元作为违约赔偿金留学校,完约归还。

THIS SIGNED AND ENTERED INTO BY THE SCHOOL AND THE TEACHER ON _____________ ________, 2011 (Date). 签约日。

THE SCHOOL�S ADDRESS: _______________________________________


1.6.2 The Teacher will be given one week of paid vacation, which must be 7 consecutive days and which will fall over the Chinese New Year. Any additional vacation will not be paid for by the school. 过中国农历新年时外教将得到一周的带薪假期,这7天是连续的,其他假期学校不支薪
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri Feb 18, 2011 5:53 am    Post subject: Re: Review this offer for me please- Lingxi Reply with quote

daylatehero wrote:
Accommodation ****1.7.1 The School will provide The Teacher with his/her own room in a furnished apartment.

shared housing is often a bad thing. unless you're the kind of person that can get along with everyone and anyone and nothing ever bothers you, then think hard about this one.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Fri Feb 18, 2011 6:07 am    Post subject: Reply with quote

Sounds like this is your first China gig.
You want to have a good experience as non teaching things will be at work during the first 6m.
I think you can do better, unless of course you just have a passion to teach small kids.
All in all the package isn't that wonderful. At least not to blind you to the deficiencies - some of which are mentioned by other posters.
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dog backwards



Joined: 27 Jan 2011
Posts: 178

PostPosted: Fri Feb 18, 2011 11:00 am    Post subject: Reply with quote

Pass on this one. I got as far as the hours and the pay and I quit reading.
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randyj



Joined: 19 Jan 2003
Posts: 460
Location: Nanjing, Jiangsu, China

PostPosted: Fri Feb 18, 2011 12:28 pm    Post subject: Re: Review this offer for me please- Lingxi Reply with quote

The Ever-changing Cleric wrote:
daylatehero wrote:
Accommodation ****1.7.1 The School will provide The Teacher with his/her own room in a furnished apartment.

shared housing is often a bad thing. unless you're the kind of person that can get along with everyone and anyone and nothing ever bothers you, then think hard about this one.
The Chinese language here implies the offering is actually an apartment. The English may simply be a bad translation. Clarification is in order.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri Feb 18, 2011 1:51 pm    Post subject: Reply with quote

you're right. I just skipped over the Chinese without giving it a second thought. In Standard Chinglish an apartment is often referred to as a "room."
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seamallowance



Joined: 20 Apr 2010
Posts: 151
Location: Weishan, Jining, Shandong

PostPosted: Fri Feb 18, 2011 11:49 pm    Post subject: Reply with quote

I would pass on a Kindergarten job, if I were you.
Too difficult dealing with the little emperors.
Teaching Primary is much easier.

There is a good reason why Kindy often pays twice as much and still cannot find enough candidates.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sat Feb 19, 2011 3:38 am    Post subject: Reply with quote

Paying utilities is bad. This contract includes "administration". I'm assuming that means maintenance. Does that mean if the water heater goes out you pay for it?

The place I'm at changed the terms of my contract and now I have to pay utilities. I leave tomorrow.
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