外教聘用合同英文版(English).doc

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1、EMPLOYMENT CONTRACT Party A (Employing Party): Xiamen Institute Legal Representative: Dewen LiAddress: Jimei District, Xiamen, Fujian Province, P.R. China Zip Code: 361021Party B (EmployedForeignExpertsorProfessionals): Name: Gender: Birth Date: Nationality: Passport Number.: Overseas Address: _Emai

2、l: Tel: 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. Party

3、 A wishes to engage the service of Party B as English teacher . The duration of service is one year , i.e. from 1st day of August,2015 to 31th day of July,2016.III. Tasks assigned to Party B (see the appendix).IV. Party Bs yearly salary and other benefits will be a total of RMB 1000000 (before tax)

4、(including a salary of RMB 700000 per year and other allowances of RMB 300000 per year.) Please see the appendix for terms and conditions on other remunerations and benefits concerned.V. Party As Obligations1.Party A shall inform Party B of relevant laws, Decrees and regulations of the Peoples Repub

5、lic of China as well as any institutions and administrative stipulations concerned with Party Bs employment as herein provided.2.Party A shall conduct direction, supervision and evaluation of Party Bs work.3. Party A shall provide Party B with necessary working facilities.4. Party A shall deploy fel

6、low staff for Party B for coordinated affairs.5. Party A shall pay Party Bs salary regularly as scheduled.VI. Party Bs Obligations1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in Chinas internal affairs. 2. Party B shall

7、 observe Party As work system and regulations concerning administration of foreign experts, and shall accept Party As arrangement, direction, supervision and evaluation in regard to his/her work. Without Party As consent, Party B shall not render service elsewhere or hold concurrently any post unrel

8、ated to the work agreed on with Party A.3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.4. Party B shall respect Chinas religious policies, and shall not conduct religious activities incompatible with the status of an expert.5. Party B shall respect the Chine

9、se peoples moral standard and customs.VII. Revision, Cancellation and Termination of the ContractBoth Parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.1. Revision of the ContractThe contract can be revised, canceled,

10、 or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.1.1 Party A has the right to cancel the contract with a written notice to Party B under the following conditions:a. Party B does not fulfill the contract or does not fulfill th

11、e contract obligations according to the terms stipulated, and has failed to amend Party Bs actions after Party A has pointed it out.b. According to the physicians diagnosis, Party B fails to resume normal work after a continued 30-day sick leave.1.2 Party B has the right to cancel the contract with

12、a written notice to Party A under the following conditions:a. Party A has not provided Party B with necessary working facilities as stipulated in the contract.b. Party A has not paid Party B as scheduled. 1.3 In case either party asks to terminate this contract, it shall give a 30 day notice to the

13、other party in writing, and the contract shall only be terminated after 30 days.1.4 The contract can be terminated with mutual consent. 2. Termination of the contract:2.1 This contract shall be terminated once it expires.2.2 This contract may be terminated with the mutual consent of both parties, an

14、d it shall be strictly observed until both parties reach an agreement otherwise. VIII. Breach PenaltyWhen either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty

15、 of RMB5000.If Party B asks to cancel the contract due to event beyond control, it should produce certifications by the competent authorities; with Party As consent to cancel the contract, Party B pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its ow

16、n return expenses and pay a breach penalty to Party A as stipulated in this contract.If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party Bs return expenses; if Party A cancels the contract without valid reason, it should pay Party Bs

17、return expenses and pay a breach penalty to Party B as stipulated in this contract.IX.The appendix of the contract is an inseparable part of the contract and has equal legal effect with the text of this contract.X. This contract shall take effect on the date signed by both parties and will automatic

18、ally terminated upon expiration. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the con

19、tract expires.XI Arbitration The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in the State Administration of Foreign Experts Affair

20、s and ask for a final arbitration. If all attempts fail, the two parties can appeal to the local court.This Contract is signed at Human Resource department of Xiamen Institute of Technology, in duplicate, this _day of_, 20_, in Chinese and English, both versions being equally valid.Party A Party B X

21、iamen Institute (Signature) (Signature and Stamp) Date: _/_/_ Date: _/_/_APPENDIX TO CONTRACTI. Duties and job requirements for Party B1. Party Bs work assignments1.1 The workload of Party B is _576_ hours per school year（36 weeks, 16 hours /week or 32 weeks, 18 hours/week）for oral English teaching

22、or _504_ hours per school year (36 weeks, 14 hours/week) for professional courses.1.2 Party B shall arrange one seminar about Chinese and Western culture each semester. 1.3 Party B shall participate in the weekly English Corner once in a week for 2 hours or other extracurricular activities and event

23、s relating to the Department of College English Teaching. 2. Job requirements for Party B2.1 Party B shall arrive before the term starts in order to get familiar with the teaching environment. Party B shall inform Party A of his/her arrival port/station in Xiamen, date, time, flight No. etc. in adva

24、nce so that Party A can arrange to meet at his/her arriving place, and the transportation fee shall be covered by Party B.2.2 Party B shall abide by the overall teaching arrangements of the university such as the teaching hours, the arrangement of the classrooms, and the use of teaching facilities e

25、tc. Party Bs teaching schedule, which has been confirmed, shall not be changed at will. Anyone who wishes to adjust his/her classes or readjust the classrooms shall get permitted by applying to the Teaching Affairs Office in advance. Any early class dismissal or being late for class without any reas

26、on is not allowed.2.3 If Party B wishes to use his/her own teaching materials such as textbook, music tape, VCD, DVD etc., he/she shall get permission from the Teaching Affairs Office in advance. 2.4 When the contract ends, Party B shall leave within 15 days. Before leaving, Party B shall return the

27、 books from the library, the expert certificate and all others belonging to Party A.II. Salary, Terms and conditions on other remunerations and benefits concerned 1. Terms on other remunerations and benefits Other remunerations and benefits in this contract refers to expenditures covered by Party A

28、for basic medical (accident) insurances, certificates (Resident permit etc.) transaction and accommodation. Party A and Party B hereby agree that, once Party B enjoys the other remunerations and benefits, it is deemed that Party A has performed its payment obligation of the basic medical (accident)

29、insurances and resident permit specified by Bureau of Foreign Experts Affairs of the Peoples Republic of China. Party A only needs to assist Party B by purchasing all the basic medical (accident) insurances and transacting required certificates. All costs will be borne by Party B. 2. Terms on paymen

30、t of salary and other remunerations and benefits 2.1 Party B shall be paid by month (with the sum of his/her yearly salary and remunerations divided by 12), that is an average monthly payment of RMB 8333(before tax) for each working month on the 10th -12th day of the following month. If the payment

31、date fall on a statutory holiday or rest day or under other special circumstances, the salary shall be paid the next day after that.2.2 If the payment is to be delayed due to force majeure, Party A shall inform Party B of the rescheduled date beforehand.2.3 If Party B fails to finish his weekly work

32、 assignment as stipulated in this contract, his/her salary of this month (A) should be calculated in the following way: Monthly payment (B) - unfinished workload in this month(C) * (Sum of salary and other remunerations (D)/yearly workload (E), i.e. A=B-C*(D/E)3. Holidays10 normal national holidays

33、shall be honored including 3-day China National Day, 1-day International Labor Day, 1-day New Years Day, 1-day Qingming Festival, 1-day Mid-Autumn Festival and 3-day Spring Festival. The exact dates are to follow the stipulation of Chinese government and the notification from Party A in that year. P

34、arty B shall be entitled to paid leave on all PRC statutory public holidays.4. Absence and LeaveIf Party B asks for leave because of some private matters or illness and obtains consent, he/she shall make up the lessons missed afterwards at a convenient time. Generally, Party B shall not ask for leave of absence for an accumulative total of 10 days during the period of contract, and shall not ask for leave of absence for continuously 4 days within each semester. Party A Party B Xiamen Institu (Signature) (Stamp) Date: _/_/_ Date: _/_/_第 6 页 共 6 页