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Sample Employment Agreement .pdf



Original filename: Sample Employment Agreement.pdf
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Employment Agreement

I.

“Party

A”

__________________________________________,

the

direct

employer

and

identified by SAIC Business license no:_____________________ and duly-registered with
SAFEA in the city of ________________, China wishes to engage the service
of

_______________________________________

with

_______________Passport

No.

____________________________________as a full-time TEFL teacher, hereinafter referred to
as “Party B”. 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
without deviation. This agreement is made voluntarily in good faith by both parties
which understand this contract is legally binding upon all parties hereto.
II. The period of service will be from the 1st day of _________ 20____ to the last day of August,
201____.

III. The duties of Party B
1. Teaching Chinese students in the English department ( a maximum of______ lessons
per week, 50 minutes per lesson).
2. Training Chinese teachers a maximum of _________ lesson hours per week.
3. Helping Chinese teachers and students to improve their language level during paid
classroom training, five days per week on ____________________________________________________.

IV. Compensation & Bonus
Party B's monthly salary will be ¥ _____________ Yuan (RMB), after taxes on the _______ of every
month, for the work completed the previous month. Party A shall pay Party B a roundtrip
Page 1 of 6 Pages

airfare before the last day of this contract no less than $_______________. If payment is late
more than 24 hours, Party A shall Pay Party B $100USD fine for every day the wages are
delayed.
Party B will be paid for all national holidays and 2 months vacation time of July and August
and one sick day per month, not to exceed 12 days per year. The Bonus is explained fully on
attached Exhibit B.

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 furnished housing or a 2,000 yuan
housing subsidy allowance on each and every pay day.
4. Party A shall provide a bi-lingual teacher’s assistant 20 clock hours per week.
5. Party A shall pay Party B's salary regularly by the month.
6. Party A shall assign Party B to only one work location and provide a written work
schedule two weeks in advance of any and all changes.
7. Party A agrees that Party B will have two consecutive days off per week which shall be
every ____________________ and _____________________
8. Party A will not compel Party B to work any unpaid overtime nor participate in
non-teaching (marketing) activities.
9. Party A will not use the image(s) of Party B in any way without his/her express written
consent.
Page 2 of 6 Pages

10. Party A will provide Party B a release letter within 72 hours of employment termination
free of charge no matter what the reason for termination. Failure to provide same will incur
a 100,000 rmb fine for Party A by default.

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 that complies with China law and which does not
compromise nor forfeit any employee rights of employee B.
3. Party B shall complete the tasks agreed on his/her written job description which
attached as EXHIBT A 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.
6. Party B will be punctual for all work assignments and have all lesson-plans prepared at
least 4 hours in advance of the actual classes.
7. Party B will remain clean, well-shaven, and professionally dressed for work in casual
attire but all shirts must have sleeves and shorts are only allowed when temperatures
exceed 20 degrees Celsius. No sandals are allowed.
8. Party B must be polite and respectful to all students, their parents, and school staff.

Page 3 of 6 Pages

9. Party B will not smoke, consume alcohol nor use profanity on the school premises nor
in the presence of our students.

VII. Revision, Cancellation and Termination of the Contract
1. Both parties will mutually abide by this contract and should refrain from revising,
canceling, or terminating the contract without mutual written consent.
2. The contract cannot be revised, canceled, or terminated with mutual written consent.
Before both parties have reached an agreement, the contact should be carefully reviewed.
3. Party A and Party B have the right to cancel the contract with a written notice to Party
B under the following conditions:
(1) If either party does not fulfill the contact or does not fulfill the contract obligations
according to the terms stipulated, and has failed to amend after the non-compliance is
pointed out to the other party via a written email.
(2) According to the doctor's diagnosis, Party B cannot resume normal work due to a
medical problem confirmed by a doctor in writing.

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 one month salary in US $ (or the equivalent in RMB) within 15 working
days of the offense.
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

Page 4 of 6 Pages

expenses; if Party B cancels the contract without valid reason, it should pay its own return
expenses and pay a breach penalty fine of one month’s pay

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 cancel the contract without valid
reason, it should pay Party B's return expenses and pay a breach penalty of one month’s
pay to Party B.
IX. The exhibits 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 90 days prior to the expiration of the contract, and sign the new
contract with mutual consent.
XI. Arbitration
The two parties shall consult with each other and mediate any disputes, which may arise
about the contract. If all attempts fail within three working days, the two parties can appeal
to the organization of arbitration for foreign experts affairs in the State Bureau of Foreign
Experts and ask for a final arbitration. Party B does not forfeit any of his legal rights to
remedy in the Chinese courts nor his/her employee rights according to Chinese Labor Laws.

This binding agreement and attachment is signed and chopped in the city of
___________________________________ China, in duplicate, this ______ day of _________, 20_______, in
the Chinese and English languages, both texts being equally authentic, verbatim, and legally
valid. Both parties shall retain original, signed, and chopped hard copies of this agreement
for future reference since this is the only agreement between these two parties.

Page 5 of 6 Pages

Party A
Signature _________________________________________, Principal/Headmaster for:
____________________________________________________________
Complete Chinese Name: ________________________________
School Street Address: ________________________________________________________________________
City:

____________________Province:_________________________Postal

Code:

________________

Tel:___________________________
Email Address: ____________________@_______________._____

Party B
Signature _____________________________________ Full-Time Teacher
Passport No: _____________________Citizenship:_____________________
Tel: (_______) ___________________________________________
Email Address: _____________________@___________._____

END OF

CONTRACT.

Note: This agreement is only valid if both parties sign and date all six pages and the
attached Exhibt(s) _____, ______,______,______,______,and the company seal (chop) is on all
________ pages of this agreement and a copy of the Principal’s ID is attached as Exhibit
________.

Page 6 of 6 Pages


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