CONTRACT

I. Party A            University wishes to engage the service of Party B        as foreign teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

II. The period of service will be from the  day of    ,    to the     day of    ,     .

III. The duties of Party B (see attached pages)

IV. Party B’s monthly salary will be     Yuan RMB,      % of which can be converted into foreign currency monthly.

V. Party A’s Obligations

1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A’s work system and regulations concerning administration of foreign experts.

2. Party A shall conduct direction, supervision and evaluation of Party B’s work.

3. Party A shall provide Party B necessary working and living conditions.

4. Party A shall provide co-workers.

5. Party A shall pay Party B’s salary regularly by the month.

VI. Party B’s Obligations

1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in china’s internal affairs.

2. Party b shall observe Party A’s work system and regulations concerning administration of foreign experts and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated 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 China’s religious policy, and shall not conduct religious activities incompatible with the status of an expert.

5.Party B shall respect the Chinese people’s moral standards and customs.

VII. Revision, Cancellation and Termination of the Contract

1.Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.

2.The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.

3.Party A has the right to cancel the contract with a written notice to Party B under the following conditions:

(1)Party B does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.

(2)According to the doctor’s diagnoses, Party B cannot resume normal work after a continued 30 day sick leave.

4.Party B has the right to cancel the contract with a written notice to Party A under the following conditions:

(1)Party A has not provided Party B with working and living conditions as stipulated in the contract.

(2)Party A has not paid Party B as scheduled.

VIII. Breach Penalty

When 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 of US$ 500 to 2,000(or the equivalent in RMB).

If party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A’s consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.

If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B’s return expenses; if Party A cancels the contract without valid reason, it should pay Party B’s return expenses and pay a breach penalty to Party B.

IX. The appendix of this contract is an inseparable part of the contract and has equal effect.

X. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90days 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 contract expires.

XI. Arbitration

The two parties shall consult with each other and mediate any dispute which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts’ affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.

This Contract is signed at        , in duplicate, the    day of      ,      , in the Chinese and English, both texts being equally authentic.

Party A                            Party B

(Signature)                         (Signature)

 

                                              

APPENDIX

Party A:     University

甲方：        大学

Party B:                     （English）

乙方：                ___    (Chinese)

背景Recital

在甲方聘任乙方为教师的合同基础上，双方就以下事宜达成如下协议。此协议作为合同的附件，对双方均有约束力。

On the basis of the Contract which has been assigned between Party A and Party B, both parties also agree on the following terms，which, as an appendix to the Contract and an indispensable part of the whole agreement, are binding on the both parties.

甲方的责任和义务

Party A’s Responsibilities and Obligation

1.      在合同期间内，甲方按1000元人民币(半年期合同)或2000元人民币(一年期合同)的标准支付乙方医疗补贴，乙方凭有效票据到甲方处办理报销手续；该补助为乙方看病而设立，与疾病无关的费用如预防接种、保健品等一律不予报支。另外，甲方也不再承担上述标准外的其它医疗费用。

Within the term of the Contract, Party A will offer Party B RMB 1000 Yuan (half-year term contract) or RMB 2000 Yuan (one-year term contract) for medical allowance, and Party B need to produce relevant documents to apply for reimbursement; this allowance is set for the purpose of covering part of Party B’s medical fee in case he/she is ill and therefore, any fees (for example, vaccination, health products and etc.) which are not related to illness shall not be reimbursed. Moreover, except for what is mentioned above, Party A will not bear any other medical fees for Party B.

2.      如果乙方为甲方工作满11个月，甲方向乙方支付2200元人民币的旅游费用及一次国际往返机票费用（经济舱）。其中旅游费（工资的一部分）逐月打入指定账户，国际往返机票费用需凭机票和相关发票报销。

Party A shall provide Party B with RMB 2,200 Yuan as traveling allowance  and reimbursement for one international return airticket (Economy Class) where Party B have worked for Party A for 11 months. And the traveling allowance (as a part of salary) will be paid into designated account monthly. The reimbursement for one international return airticket will be paid only when the ticket and the invoice for the ticket are supplied.

3.      如果乙方与甲方签订的合约时间为整个学年（11个月或两个学期），那么在整个合同期间，乙方将享受总共30天的带薪假期（包括寒暑假）

If Party B signs contract with Party A for a whole academic year (10 months or two school terms), then Party B shall enjoy a total of 30 days paid holiday (for both winter and summer holidays) during his/her contractual commitment.

4.      甲方负责乙方的生活管理、安排住宿。

Party A shall be responsible for the accommodations, management of daily life. 

5.      甲方保证：在合同期间内，乙方可以在规定的额度内免费使用水和电（平均每月用电量不超过人民币300元）。

Party A guarantees that within the term of contract, Party B can use the water and electricity free of charge within the limits (The total cost for electricity cannot be more than RMB 300 yuan per month). 

6.      甲方负责办理乙方的外国专家证、居留证以及延长手续等。费用由甲方承担。

Party A shall handle formalities relating to Experts’ Certificate, Residence Permit. The fees shall be covered by Party A.

7.      甲方保证乙方可在合同终止后5日内免费使用公寓。

Party A guarantee that Party B may occupy his/her apartment continuously for a period of five days free of charge from the date of termination of the said contract.

乙方的责任和义务

Party B’s Responsibilities and Obligation

8.      为了符合中国出入境管理处对外国人员在华工作的相关要求和条件，乙方应在来华前申请并获得本土或者其他国家的国际健康保险。

For satisfying/meeting the relevant requirement and condition of Chinese Immigration Authority for alien's obtaining the Work Permit/actual employment in China, Party B represents and warrants that he/she has already applied for and obtained an International Health Insurance in the country of origin or in a third country prior to his/her travel to China.

9.      工作量。（1）在合同期内，乙方必须完成平均每周16学时或相当于16学时的教学任务。（2）教学总周数以每年颁布的校历为准。（3）每周或每学期的工作量可能不同，但平均每周不超过16学时的教学任务。

Workload. (1)Within the term of the Contract, Party B shall finish the assignment of an average of 16 standard class hours per week (or the assignment equal to 16 standard class hours per week). (2)The number of semester teaching weeks subjects to the school calendar issued each year by University. (3)The weekly or semesterly workload may differ, but will not exceed an average of 16 standard class hours per week.

10. 除了正常的教学工作，乙方应按甲方的要求参加学校或学院组织的与教学相关的活动。

Besides undertaking the work of teaching, Party B shall take part in activities relevant to teaching organized by the university or schools.

11.  如乙方不服从甲方教学安排或不能按要求完成工作任务，甲方有权调整薪水标准或提前解除合同。

Where Party B fails to follow the teaching arrangement of Party A or fails to complete the assignment as required by Party A, Party A can adjust the salary or terminates the Contract in advance.

12.  如果乙方在合同到期之前暂时离开中国，乙方应当缴纳相当于一个月工资的保证金，或提供担保人。担保人应承担相应的法律责任。

Where Party B intends to leave China temporarily within the contract period of time, Party B shall provide guarantee, either the deposit of his/her one-month salary, or the warranty from a third party.

13.  乙方自行支付在公寓房间里所有的电话的费用，包括月租费，使用费及其它一切因使用发生的费用。另外，乙方需自行支付免费使用电量额度（人民币300元/月）以外的电费。

Party B shall pay all the telephone fees, including but not limited to, rent, application fee, and other related fees. And Party A shall pay all the electricity fees exceeding the limit (RMB 300 yuan per month).

14.  预先未经甲方同意不得旷课或迟到。除了紧急情况，未经同意无故旷课或迟到者，乙方将受到处罚，前者从工资里扣除每小时200元，后者一次扣除50元。

Party B hereby agrees and accepts not to miss nor to be later for any scheduled class without a prior notice to and approval from Party A. In the case of either missing or a failure to attend a class on time without a prior notice to Party A for any reason except for an emergency situation, Party B agrees and accepts that RMB 200 Yuan/hour in the case of missing (failure to attend) one hour class or RMB 50 Yuan in the case of being later for class one time shall be deducted respectively from Party B's monthly salary

15.  乙方应承担合同终止以后的自己所有的费用。

Party B hereby shall agree and accept to be responsible for all the expenses caused by Part B after termination of the contract.

16. 如果乙方由于某种原因履行义务不到三个月，那么将不会得到假期津贴和医疗津贴的所有或部分利益或补偿。  

If Party B renders his/her service to Party A for less than three months for any reason, then Party B shall lost all his/her partial benefits/compensation only in the case of both holiday allowance and medical allowance.

17. 如果乙方由于遇到某种不可抗力或者经过合同双方的协商提前终止合同（如：只履行了138天的义务），那么根据合同只能获得部分其履行义务期间的赔偿和报酬（比如：部分工资、旅游津贴、医疗补贴，仅是138天以内）

If Party B renders its service for only 138 days (for example) either due to early termination of the said contract between the Parties through mutual agreement or due to a Force Majeure on the part of Party B, then Party B legally deserves only partial compensation and payment being promised by the said contract (for example; partial salary, holiday allowance and medical coverage for only 138 days).

18.  如果乙方对甲方所尽的义务超过三个月，甲方给乙方部分补偿或报销的公平计算如下：

In the case of service rendered by Party B to Party A is three months or more, then the fair calculation of partial compensation/reimbursement to Party B by Party A should be as follow:

每个月的工资除以30天数，然后乘以实际工作日（包括周末和公共假期）

Amount of the monthly salary is divided by 30 days and then multiplied by actual working days until ending of the duty by Party B (including weekends and public holidays).

旅游津贴（每年2200人民币），加起来除以330天（11个月），然后乘以实际工作日（包括周末、公共假期和学校假期）            

Amount of the payment for traveling allowance (2,200 RMB/Year) are divided by 330 days (11 months) and then multiplied by actual working days until ending of the duty by Party B (including weekends, public holiday and school holidays).

19.  乙方从甲方取得的所有收入，应按中国的有关税收法律、法规纳税。

   Party B hereby agrees and accepts to pay taxes in accordance with laws and regulations of China for all the incomes they get from Party A.

20.  乙方在华期间，不得参与和组织任何违反中国政府政策和中国人民愿望的群众活动、公共聚集和宗教仪式。

乙方在华期间，不得干涉中国政府的内政，不制造和发表任何与台湾、西藏、新疆、人权以及法轮功等相关敏感问题的评论。

乙方在华期间，不得在校园内外做消极的政治宣传，不得进行宗教传播活动。

为了安全起见，乙方在整个公共假日和学校放假期间，如离开南通市，应及时将出行时间和地点通甲方。

为了安全起见，乙方应严格遵守甲方和当地公安局的各项规章制度，如果有临时或长期的朋友来访或在外籍教师的公寓里过夜，应该提前报告给甲方和当地派出所并获得他们的同意。

Party B hereby agrees and accepts not to engage in and organize any kinds of mass activities, public gathering and religious ceremony against relevant policy of the government of China and wishes of the Chinese people during his/her entire stay in China.

Party B hereby agrees and accepts not to induce and make public comment on and interfere with sensitive internal affairs of Chinese government related to the issue on Taiwan, Tibet, Xinjiang, Human Rights Issue, Falungong, etc. and other areas during his/her entire stay in China.

Party B hereby agrees and accepts not to make any negative political propaganda and engage in religious dissemination both on and off campus during his/her entire stay in China.

For security reason, Party B hereby agrees and accepts to inform University all the time of his/her whereabouts whenever foreign teacher is out of the town during the public holiday and school vacations.

For security reason, Party B hereby agrees and accepts to observe strictly all the ongoing regulation of the university and as well as local Police Authority, and always report to and get necessary approval both from  University and as well as from the local Police Department in advance whenever it is necessary in the case of any occasional or long terms visitors/friends intending to stay overnight/or a longer period at Foreign teacher's apartment.

附件的变更、解除和终止Variation, Dissolution and Termination of the Appendix

21.  如果主合同发生变更、解除、终止，本补充协议也将作相应的变更、解除或终止。.

If any variation, dissolution and termination happen to the Contract signed by both parties, this appendix shall vary, dissolve or terminate accordingly.

争议的解决Settlement of disputes

22.  与本附件相关的争议解决办法和主合同所规定的方法相同。

Any disputes, controversy or claim arising out of or relating to this Appendix shall be settled in the same way as stipulated in the Contract.

生效Effectiveness

23.  本补充协议(附件)于____________________   签订于中国某大学。一式两份。每份都用中文和英文写成，两种文本同等有效。

This appendix is signed in University, Jiangsu Province, P.R.China on  _____________(date). This appendix is signed in duplication and both in English and Chinese, and Chinese and English are equally effective on the date of this appendix being stamped and signed.

甲方（盖章）                                   乙方（签字）

Party A  (stamp)                                                                   Party B (signature)

日期：                                          日期：

Date:                                                                                       Date:

甲方代表（签字）                   

Representative of Party A ((signature)      

                  

给外国语学院的学生上口语、写作、听力等课程，甚至还教授一些专业课程，每周不多于16课时。每学年享有报销机票、医药费、交通费等福利。