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Contract review and tough decision to make

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  • janedoem16
    21 October, 2019 at 18:40
    • Total posts: 1

    Yep, it’s one of those posts. Sorry.

    I’ve received a job offer from a school in Beijing. It looks like a good school, they use the national geographic learning series in their classes which looks really interesting and I’ve spoken to two foreign teachers currently at the school who were really nice, gave me good advice about life in China and also answered my questions, including the probing ones (e.g. any payment issues). They’re offering 18k RMB a month after tax during probation which increases to 20K RMB a month after tax after passing probation (it includes housing allowance).

    Please see below the contract provided. Thank you in advance:

    In accordance with the labor Contract law of PRC and relevant laws and regulations, Party A and B sign
    this Contract on the basis of equality, free will and mutual consultation.

    Chapter I. Term of Contract

    1.1 The period of service will be from the ____ day of ______, _____ to the _____ day of _____,

    1.2 The probationary period for Party B is 2 months, starting from ____ day of ______, _____ to the
    _____ day of _____, _____.

    1.3 Should Party B conduct acts during the probationary period that do not meet Party A’s recruitment
    requirements, and Party A does not know about them until after the probationary period because of Party
    B’s intentional efforts to conceal them, then Party A has the right to terminate the Contract. This shall be in accordance with provisions concerning termination of the Contract during the probationary period, without paying any compensation to Party B.

    Chapter Ⅱ. Work Description

    2.1 To meet the demand for personnel, Party A wishes to engage the services of Party B as an English language teacher. The specific job description of Party B, and the workload and quality standards that
    Party B must meet, are listed in the appendix. (Limited by the length of this Contract, the appendix is attached separately).

    2.2 Party B shall work 5 days with two weekdays off per week during the regular semesters. In one
    month, there will be a maximum of 120 hours of work, including teaching hours and eight hours or less
    of meetings. During the months when Party A holds Summer and Winter Camp classes, Party B is stipulated to have only one day off during a week, as opposed to two days off during the semester. Party B
    shall complete the tasks agreed upon on schedule and guarantee the quality of work.

    2.3 Party A may legitimately arrange Party B to work overtime due to business requirements. Party B
    shall be paid overtime for work at a rate of 250 Yuan RMB per hour, except for demos, which will be
    paid at a flat rate of 500 Yuan RMB per demo.

    2.4 Party B shall teach at campuses appointed by Party A.

    2.5 Party A shall assist Party B in applying for a Z (work) visa. Party B shall provide necessary documentation and certificates. (If Party B provides false information, Party A will not assume any responsibility, nor pay Party B any fees.)

    2.6 Without the prior written consent of Party A, Party B should not be employed by any other company or individual, either directly or indirectly during the Contract term.

    Chapter III. Working Conditions and Labor Protection

    3.1 Party B shall complete scheduled classes and demos, and attend scheduled meetings. In this Contract term, once Party B passes the probation period, Party B can arrange up to 14 days off for personal leave during the times when the school is on a semester break, which may be granted with at least one month’s notice. If Party B fails to give one month’s notice, they will be fined 25% of their monthly salary for each week below the month’s notice that was given. In addition, Party B may be subject to
    fines equaling the hours they fail to work. If Party B does not take any paid personal leave during their contracted work time, they will be eligible for those fourteen days, plus an additional 5,000 Yuan RMB, at the end of their Contract.

    3.2 Party B shall receive up to five days of sick leave, but with the requirement that they give a minimum eight hours of notice. If less than eight hours of notice is given, then Party B may be subject to fines of up to 1,000 Yuan RMB. Subject to the specific policies of Party A, Party B shall be required to submit medical certificates for every absence of three days or more, and be diagnosed by doctors in designated hospitals that work with Party A’s insurance provider.

    3.3 Party A shall provide Party B necessary working conditions and teaching materials which Party B
    shall return at the end of the Contract. Party A is required to provide a suitable work system to ensure Party B is able to work normally and safely.

    3.4 Party B shall be introduced to Party A’s confidentiality regime. Party B shall protect Party A’s legitimate rights and interests and strictly keep Party A’s confidential information secret. Party B shall not disclose individual terms of this Contract, such as salary, with others. Party B shall not prejudice Party A’s legitimate rights and interests or distribute any content. Party B shall not undertake activities for the purpose of profit, nor seek interests that are not made clear in this Contract to provide convenience for itself or others.

    3.5 Party B is obliged to maintain confidentiality for Party A. Party B should obey the rules concerning
    confidentiality formulated by Party A, and is subject to supervision of Party A, including but not limited
    to the storage, delivery, use, and disposal of confidential documents, etc.

    3.6 All the documents and preparatory manuscripts marked with “internal document,” “secret,” “confidential” and “most-secret,” etc. available to Party B during work belong to secrets-involved documents. Party B shall neither disseminate them against the rules nor disclose to a third party in any manner, or allow a third party to use them. The methods of dissemination include, but are not limited to, copying, sending via e-mail, taking secret documents or articles to public occasions, talking about the secret-involved documents in public, etc.

    3.7 If Party B disobeys their confidentiality obligations, he or she shall not only compensate Party A for any losses incurred, but also bear the relevant legal liability in accordance with relevant laws and regulations.

    3.8 The term of confidentiality obligation by Party B is not limited to the term of this Contract, starting
    from the date when Party B knows the secrets-involved documents, to the date when the secrets-involved documents are released or enter into the public domain.

    Chapter IV. Wages and Benefits

    4.1. According to Party B’s position, qualifications, and experience, Party’s B’s probationary salary will
    be Yuan RMB after tax, and regular salary will be Yuan RMB after tax.

    4.2 Party A shall pay Party B’s salary on the 10th of every month, unless that day falls on a weekend or
    holiday, in which case it shall be deposited on the next business day. Party B’s salary shall be deposited in his or her China Merchant’s Bank account opened in Beijing, China.

    4.3 Party A shall pay all of Party B’s visa fees, and reimburse the cost of notarizing and verifying the
    diploma, TEFL, and criminal background check within a month of arrival.

    4.4 Party A shall provide Party B a 4000 Yuan RMB housing stipend, which will be added to the monthly salary.

    4.5 After Party B completes a one-year Contract, Party A shall provide Party B with a 6,000 Yuan
    RMB airfare allowance and a 4,000 Yuan RMB Contract completion bonus. There are additional referral bonuses of 3,000 Yuan RMB available to Party B once a referred new teacher to Party A successfully completes their probationary period.

    4.6 Party A will provide Party B with medical insurance coverage. The insurance coverage structure/limit per year is as follows: Accident: 100,000 Yuan RMB; Outpatient: 10,000 Yuan RMB; Inpatient: 30,000 Yuan RMB. The specific insurance clause shall be executed within the terms of the insurance Contract. The employee shall assist in providing relevant personal information to facilitate the handling of the insurance.

    4.7 Party A will purchase an air ticket for Party B when they relocate to China for their new position.
    The amount of the ticket will then be deducted accordingly from Party B’s salary, on their second paycheck.

    Chapter V. Labor Rules

    5.1 Party A shall introduce Party B to national education policy and teaching standards enacted by national educational departments. Party B shall fulfill legal obligations, implement national education policy and teaching standards enacted by national education departments, observe Party A’s rules and regulations, abide by Party A’s work arrangements, comply with professional ethics, respect Party A’s property, and complete teaching tasks.

    5.2 Party A shall conduct evaluation of Party B’s work. Party B may be commended and rewarded for outstanding performance in education, personnel training, scientific research, teaching reform, school construction, social services, work study, etc.

    5.3 According to regulations, Party A would give disciplinary action or financial penalties to Party B,
    or terminate this Contract, if any of the following behaviors occur: violation of labor rules; disobedience of work arrangements; inability to complete teaching tasks that then causes losses; corporal punishment of students; ill behavior and insult to students.

    5.4 If Party B is absent from work without the consent of the employer, three days of monthly salary shall be deducted for each day of absence from work.

    5.5 In the event of any of the following by Party B, as determined by Party A, Party A reserves the right
    to terminate the Contract and resort to legal means for compensation:

    5.5.1 Absence from work without the consent of the employer for 3 consecutive days;

    5.5.2 Absence from work without the consent of the employer for a cumulative total of 7 days
    within a Contract year;

    5.5.3 Other serious violations of rules and regulations, which cause serious damage to Party A.

    5.6 In the event of any situation as listed in this Contract, which cause economic losses and severe
    damages to Party A, then Party B should take the obligation of compensating Party A.

    Chapter VI. Revision, Cancellation, Termination and Extension of the Contract

    6.1 After the signing of the Contract in accordance with the law, both Party A and Party B should fulfill
    the obligations stipulated in the Contract faithfully. Neither Party A nor Party B can amend the Contract
    without agreement of the other party.

    6.2 The Contract can be amended if the amendment is agreed upon by both Parties after consultation.
    The Contract continues to be valid if both Parties cannot agree on the amendment.

    6.3 While the Contract is in force, if some of its terms become no longer enforceable due to new laws, regulations and policies issued by China or Beijing, the Contract shall be amended in accordance with the new laws, regulations and policies.

    6.4 While the Contract is in force, if the objective conditions on which this Contract is based change so
    that the Contract becomes no longer enforceable, the Contract can be amended if the amendment is agreed upon by both Parties after consultation.

    6.5 In accordance with Article 6.2 and 6.4 above, if one party hereof intends to amend the Contract, he
    shall serve the other party a written notice with regard to the amendment requirements, and the other party shall make a written reply to the party that requires the amendment to be made within 15 days upon receipt of such notice; no reply within 15 days will be regarded as disagreement to amend the Contract.

    6.6 Party A must give a minimum of a 30-day notice prior to cancelling the Contract under the follow-
    ing conditions:

    6.6.1 Party B is unable to improve personal teaching standards to fulfill Party A’s requirements;

    6.6.2 Party B is in breach of the Contract, and has not remedied the breach within 72 hours;

    6.6.3 Party B is ill or injured, and is unable to do the original job or other jobs assigned by Party A after medical treatment;

    6.6.4 Party A reduces its workforce or lays off employees as required by its operational performance or adjustment to its production and management;

    6.6.5 A major change in the objective circumstances relied upon at the time of conclusion of the Contract renders it unenforceable and, after consultation, Party A and Party B are unable to reach agreement on amending the employment Contract;

    6.6.6 After the expiration of the Contract, Party A and Party B have not renewed the Contract, but Party B has formed an actual employment relationship and the two Parties cannot reach an
    agreement on the period of validity and terms on renewing the Contract.

    6.7 If Party B intends to cancel the Contract, Party B should give Party A 30 days’ prior written notice,
    or 10 days’ prior written notice if Party B is in the probation period. After approval by Party A, Party B
    should go through the termination procedures as required by Party A and settle all relevant fees and pay-breach penalties. If Party B cancels the Contract illegally and has caused economic losses to Party A, Party B should pay compensation to Party A.

    6.8 During the period stipulated in this Contract, Party A is entitled to ask Party B to continue to work, and Party B should do work arranged by Party A in accordance with the Contract and the requirements
    of Party A.

    6.9 During the period stipulated in this Contract, if Party B continues to work for Party A, Party A should pay wages to Party B in line with his work. If Party B refuses to work for Party A as requested,
    Party A can stop paying wages to Party B.

    6.10 Party A has the right to terminate Party B’s Contract with immediate effect under the following

    (1) Party B is proven to bully, victimize or insult any member of staff, student or parent;

    (2) Party B intentionally causes physical damage to either the school or housing provided by the

    (3) Party B refuses to teach his/her assigned classes;

    (4) Party B chooses to take leave without getting confirmation from their supervisor;

    (5) Party B is found guilty of any legal wrongdoing;

    (6) Party B is investigated for criminal activity in accordance with the law;

    (7) Party B is proved to be unqualified for the work during the probation period;

    (8) Party B is in serious violation of work discipline or of Party A’s rules;

    (9) Party B commits serious dereliction of duty, or practices graft, causing substantial damage to the Employer;

    (10) Party B is sued for criminal liability in accordance with the law, gets administrative or judicial detention, or is imprisoned for consumption of narcotics;

    (11) Party B is proved guilty of fraud, failing to reveal important information related to this Contract or Party B’s work

    6.11 If Party A falls into bankruptcy and enters into a legal rectification period, the Contract can be cancelled after Party A explains the situation to faculty, and reports to administrative departments of education and labor.

    6.12 Party B has the right to immediately terminate the Contract and still receive all outstanding pay un-
    der the following conditions:

    (1) Party A is proven to bully, victimize or insult Party B;

    (2) Party A has forced Party B to work by means of force, threat or illegal restriction of personal freedom;

    (3) Party A has repeatedly failed to pay Party B as scheduled

    (4) Party A has lied to or deceived Party B during the Contract negotiations.

    6.13 This Contract will automatically expire when the Contract ends, and can be extended with mutual consent. Negotiations regarding signing the new Contract will begin two months prior to the end of the current Contract, which will be signed at least one month ahead of the end of the current Contract’s end date.

    Chapter VII. Compensation

    7.1 Party B shall bear all the expenses and responsibilities caused by his or her negligence or breach of labor rules. If Party B departs without permission and violates clause Party A is entitled to deduct one month’s salary. If Party B’s unauthorized departure causes a loss to Party A, Party B shall be investigated for legal responsibility according to law.

    7.2 In the event of the Contract terminating upon expiration, neither party shall be liable for the breach of the Contract and compensation.

    7.3 If Party B breaches the Contract and cancels it in advance, Party A will not pay any transportation
    allowance for Party B in this Contract year. If Party A has already provided air ticket for Party B relocat-
    ing to China, Party B should return the air ticket fee.

    Chapter VIII. Labor Dispute

    8 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 Labor Dispute Arbitration Committee and ask for arbitration. Either party may bring an action in the people’s court against the arbitral award. If Party B has a criminal record or is deported or subject to criminal penalties, Party B shall bear all economic loss incurred to Party A.

    Chapter IX. Miscellaneous

    9 What is against the related regulations of the state in the Contract will be dealt with according to the
    relative laws and rules of the PRC. What is not covered in the Contract and the regulations of the state will be free for both parties to discuss in mutual consultation.

    10 Party A owns the copyrights of the works produced by Party B during the Contract period, either using Party A’s material conditions or being in the name of Party A, while Party B has the right to sign their name on the works.

    Notice and service

    11.1 The address of Party A and the permanent address of Party B listed in this Contract are the
    only valid addresses where a notice can be served. If either of the two Parties changes address, it
    should inform the other party about a change in a written notice. If one party fails to inform the
    other party about a change of its address, any documents sent to the original address should be
    considered received.

    11.2 During the enforcement of this Contract, any matter regarding the Contract’s enforcement,
    amendment, cancellation, and termination, as well as obligation exemption and recourse, should
    be notified by written notice, including but not limited to documents, agreement, regular mail,
    registered mail, express mail, and public notice.

    11.3 Notices can be served by face-to-face delivery, mail and public notice. Notice served face-
    to-face is considered received at the time the recipient signs the receipt. Notice served by express mail is considered received at the time the recipient signs the receipt. Notice served by public
    notice will be considered received on the second day it is published.

    11.4 If a notice fails to be served, or its service is delayed because the sender has got the address or fax number wrong, the period of notice will be calculated starting the actual date the notice is served with the correct address.

    12. This Contract is signed in duplicate in Chinese and English languages. In case of any discrepancies among the different versions, the English version shall prevail.

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