Employment Contract Employer: This Culture & Education Development Authorized Representative: Li Zhi Entrusted Agent: Ma Daocheng Address: Xining, Qinghai Employee Name: Sex: Date of Birth: Nationality: Passport No.: Permanent Address: Phone No. Email: 1. In accordance with the principles of legality, justice, equality and willingness, friendly consultation, and integrity, and in the spirit of friendly cooperation, now both parties (the employer and the employee) hereto sign the contract voluntarily and ensure the adequate performance of all obligations as specified in the contract. 2. The employment duration goes from to . 3. Tasks, salary and other remunerations are detailed in the appendix to the contract. 4. Obligations of the employer: (1) Introduce the employee on relevant Chinese laws and regulations, the working regulations relating to the employer and regulations associated with the administration of international experts. (2) Provide guidance, review and appraisal for the work of the employee. (3) Furnish necessary working and living conditions of the employee. (4) Staff the employee with the working coordinator. (5) Pay the employee remunerations on a timely basis. 5. Obligations of the employee: (1) Abide by Chinese laws and regulations and do not interfere in internal affairs of China. (2) Observe the working regulations of the employer, some regulations associated with the administration of international experts, and accept the employer’s working arrangements, professional guidance, review and appraisal. No part-time job is permitted prior to the employer’s consent. (3) Duly complete all working tasks with high quality. (4) Follow Chinese religious policies, and do not involve in any activity unrelated to his or her professional status as an expert in China. (5) Respect ethic norms and cultural customs of Chinese people. 6. Variation, Suspension and Termination of the Contract Both parties shall comply with the provisions set forth in the contract. Except as otherwise agreed upon by both parties, either party shall not vary, suspend and terminate at its discretion. 1Variation of the Contract. The Contract may vary after the agreement reached through consultation of both parties concerned. Both parties shall still strictly be in accordance with the contract prior to the agreement reached. 2Suspension of the Contract. The contract may suspend after the agreement reached through consultation of both parties concerned. Both parties shall still strictly be in accordance with the contract prior to the agreement reached. A. The employer is titled to suspend the contract by written notice to the employee under the following conditions: (1) The employee does not execute the contract or has performed the obligations which do not conform to conditions as stipulated in the contract, or is unwilling to rectify mistakes after pointed out by the employer and take remedial actions. (2) The doctor’s valid diagnosis shows the employee is unable to return to his normal work after taking an illness leave for 30 consecutive days. B. The employee is titled to suspend the contract by written notice to the employer under the following conditions: (1) The employer does not provide necessary working and living conditions as set forth in the contract. (2) The employer does not pay the employee remunerations in a timely manner. C. Any party shall notify the other party in writing of request for suspension of the contract within 30 calendar days in advance; the contract can automatically suspend after 30 calendar days upon receipt of notice by the other party. D. Both parties can suspend the contract through friendly consultation and agreement. 3) Termination of the Contract. (1) The contract shall terminate after the expiry date of the contract. (2) The Contract may terminate after the agreement reached through consultation of both parties concerned. Both parties shall still strictly be in accordance with the contract prior to the agreement reached. 7. Penalty for Violating the Contract In case one party does not execute the contract or has not adequately carry out the obligations as specified in the contract, such actions shall be regarded as the violation of the contract. In such case, the employee shall pay the penalty fund equivalent to 3 times his salary for violating the contract. The employee may request for termination of the contract as a result of force majeure which requires a certificate issued by relevant governmental authorities. Upon termination of the contract after the approval by employer, the employee shall cover his or her own traveling expense for leaving China. In case terminating the contract for no valid reasons, the employee, in addition to bearing his or her own traveling expense for leaving China, shall pay the employer the penalty for violating the contract. The employer may request for termination of the contract as a result of force majeure. Upon termination of the contract after the approval by the employee, the employee shall bear his or her own traveling expense for leaving China. In case terminating the contract for no valid reasons, the employer, in addition to covering the employee’s traveling expense, shall pay the penalty for violating the contract. 8. The appendix to the contract represents an integral part of the contract, having the same legal power as the contract. 9. The contract shall be effective on the date of signing the contract by both parties; and the contract shall be terminate automatically as the contract expires. If one concerned party intends to sign a new contract, it shall request to the other party within 30 calendar days before the expiration of the contract. After agreement between both parties through consultation, both parties shall sign a new contract. After the expiration of the contract, the employee shall pay all of his or her own expenses during his or her stay in China. 10. Settlement of Disputes Any dispute or difference arising out of this contract shall be settled through friendly consultation or mediation. If unsettled by amicable consultation or mediation, it shall be submitted to the local personnel or labor arbitration agency for arbitration. If the resulting award can not be accepted by one party, it may bring this suit to the local People’s Court. In WITHNESS WHEREOF, the parties hereof have caused the contract to be signed in their respective names in the Training Centre of This Culture and Education Development as of the day, the month and the year written below. The contract will be made in 3 copies in one format, with each copy in Chinese and English versions. All Chinese and English copies shall be signed and become effective. The Employer: This Culture & Education Development Entrusted Agent: Ma Daocheng Signature: The Employee: Signature: Signing Date: Appendix 1. Salary The employee shall have a month salary of RMB yuan. During a period of one year, only 11 (eleven) months of salary shall be paid to the employee. Salary shall be paid to the employee on a monthly basis from the commencement of the work to the expiry day of the contract. In case the working days do not constitute a full calendar month, the salary shall be calculated on the daily basis, and daily wage shall be calculated as one thirtieth of the month salary. 2. Vacation Subsidy The employee’s contract duration shall be one schooling year consisting of two semesters. After he or she shall have completed all tasks as stipulated in the contract, the employee shall enjoy a subsidy of RMB 2,200 for two vacations, which can be paid on separate occasions or in a lump sum at the second vocation. 3. Vacations Each year has two vacations, specifically, the period from the end of February to March and the period from the end of August to September. Each vacation lasts two weeks. 4. Tasks of the Employee 1) The employee shall complete the teaching tasks of 16 class-hours / per week. For extra class-hours, the employee shall be paid at RMB 80 / per class hour. 2) The employee shall not take part-time jobs for activities other than those assigned by the employer without obtaining the approval by the employer. 3) The employee shall attend the routine meetings of the Training Center. 4) The employee is allowed not to attend the teaching and meetings of the Training Centre after sun-setting on Friday and Saturday. 5. Living Benefits 1) If adequate justification is given, the employee is allowed not live in the apartment provided. 2) During his or her residential stay outside the Kojima Base, the employee shall take care and ensure his or her own safety. The Kojima Base shall not bear any responsibility for all events in connection with his or her safety arising out of his or her outside residential stay. 3) The employer shall provide the employee with a digital television, internet access and winter heating system in the apartment. The employee shall pay bills for water and electricity at his or her own expense (It is noted the electricity and water consumed per month are within RMB 50, the employer shall finance the bills; in case the bills of water and electricity exceed 50 yuan, the exceeding amount shall be deducted from the employee’s salary). 6. Costs for Legal Clearance The employer shall bear the costs of handling and renewal of a residential permit and a professional certificate for the employee. 7. Sick Leave If the employee is ill, he or she has to show the valid medical certificate issued by the hospital. During the period of illness, the employee shall be provided with the salary in accordance with the regulations of the employer. 8. Business Leave Upon the consent by the employer, the employee can be permitted for a business leave. However, salary shall be deducted as per daily pay. During the contract period, the cumulative days for business leave shall not exceed 5 (five) days; a business leave shall not exceed 3 consecutive days. In case the employee is absent from duty without obtaining the permission of the employer, such action shall be regarded as one-day absence from duty. In accordance with the employer’s working regulations, one-day absence from duty constitutes three day’s wage to be deducted. 9. Punishment for Negligence and Misconducts The employee shall carry out all teaching tasks timely and on schedule based on relevant regulations of the employer. In case the employee is absent from class teaching for 3 cumulative days, in addition to deducting wages for those working days, his or her vacation subsidy of RMB 2,200 shall be deducted. Depending on the severity of his or her bad events or uncooperativeness in work, the employer shall suspend the contract. 10. Domestic Travel Expense The employer shall reimburse the travel expense incurred within the territory of China of a one-way domestic flight ticket toXining, Qinghai, or a one-way domestic flight ticket from Xining, Qinghai. 11. Medical Coverage The employer shall pay clinical medical fees in time of emergency of illness. Expenses incurred for dental illness, chronicle diseases shall not be borne by the employer. In case the employee is hospitalized for an in-patient stay, the employee shall bear his or her own medical cost. In such case, it is suggested to return to his or her home country for further necessary treatment. 12. Other Matters Should any problem concerning accomplishment of teaching tasks, and working and living matters arise, the employee shall contact the living and working coordinator for coordination. If any problem requires serious consideration or immediate action, the employee shall communicate with the coordinator formally through sending information to the coordinator’s Email address: , with an Email copy forwarded to Mr. Ma Daocheng, the Entrusted agent of This Culture & Education Development. In case there is any change in the coordinator, the employer shall promptly inform the employee of the change |