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EMPLOYMENT CONTRACT (SAMPLE)

Party A(Employer):
Legal Representative:
Deputy:
Address:
Tel:
Fax:

Party B (Employee):
Sex:
Birth Date:
Nationality:
Passport number:
Dwelling Address Abroad:
Tel:
Fax:

I. Party A wishes to engage the service of Party B as__________ . 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.

V.Party A’s Obligations


1.Party A shall introduce 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 conditions.
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
propaganda or other 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
Both parties should abide by the contract and should refrain from revising,
canceling, or terminating the contract without mutual consent. The
contract can be revised, canceled, or terminated with mutual consent.
Before both parties have reached an agreement, the contract should be
strictly observed.

1.Under the following circumstances, Party A may terminate this Contract by


giving 30 days prior written notice to Party B:
1.1. where Party B is incompetent to perform his/her duty and remains to be
incompetent despite training or transfer to a different position or refuses
to be given further training or to be transfered to a different position.
1.2. where Party B cannot resume normal work after a continued 30-day sick
leave, according to the doctor’s diagnosis.

2. Party A may terminate this Contract at any time without giving prior notice
or paying severance pay to Party B, if:
2.1. Party B has been proven unable to meet the employment requirements
of Party A during the probation period, if any;
2.2. Party B causes Party A to enter into or amend this Contract against Party
A's true will by means of fraud, intimidation or taking advantage of Party
A's precarious position;
2.3. Party B have any ill habits such as gambling or alcoholic addiction, or his
behavior is not up to Chinese morality, which has resulted in adverse
effects, and fail to amend after Party A’s warning;
2.4. Party B has serious discipline breach behaviors or involvement in
criminal activities.

3. Party A may terminate this Contract by giving 30 days prior written notice
to Party B and giving Party B 1-3 months’ salary as a compensation.

4.Party B may terminate this Contract by giving 3 days prior written notice to
Party A within probation period, and may terminate this Contract by
giving 30 days written notice to Party A after the probation period.

5. Party B may cancel this Contract immediately if:


5.1. Party A has not provided Party B with necessary working and living
conditions as stipulated in the contract;
5.2. Party A is proved to have failed to pay the remuneration duly and in full
as stipulated in this Contract;
5.3. the rules and regulations of Party A violate the PRC laws and regulations
and impair the rights and interests of Party B;
5.4. Party A causes Party B to enter into or amend this Contract against Party
B's true will by means of fraud, intimidation or taking advantage of Party
B's precarious position.

6. Under any of the following circumstances, the Contract shall be


automatically terminated:
6.1. when the term of this Contract expires, both Parties do not renew this
Contract;
6.2. where Party A is declared bankrupted or dissolved, or Party A's business
license is revoked, or Party A is ordered to close down, or to be
terminated, or the term of business of Party A expires;
6.3. where Party A dies, or is declared dead or missing by a Peoples Court, or
any other circumstances specified in applicable laws or regulations.

IIX. Contract renewal


1.If either of the two parties requests to renew the contract or asks for a new
contract, it should forward its request to another party 30 days prior to
the expiration of the contract, and sign a new contract based on mutual
consent.
2. If Party A has no intention to renew the Contract, the contract will
automatically expire when the contract ends.

IX. Breach Penalty


When either of 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 $800 to 3,000, or 3-10 times
of Party B's monthly salary.
Either of two Parties, who cancels the contract without any written notice
ahead of time, should pay a breach penalty to the other party. The actual
amount of the penalty shall be decided through negotiation.

X. Force Majeure
Force majeure refers to anything beyond control, that is unforeseeable,
unavoidable and insurmountable objective conditions, circumstances or
affairs not otherwise stated in the Contract. The obligations stipulated in
the Contract shall be suspended during the period of force majeure by
either Party A or Party B and the Party impacted shall notify the other
party immediately and produce relevant certifications within 15 days.
If Party B asks to cancel the contract due to events beyond control, he/she
should produce certifications by authorities concerned, obtain Party A’s
consent, and pay his/her own return expenses;
If Party A asks to cancel the contract due to events beyond control, with the
consent of Party B, Party A should bear Party B’s return expenses and pay
one more month’s salary as a compensation.

XI. This contract won’t take effect until Party B has got his/her health
certificate, work permit and residence permit issued by relevant
departments of Chinese Government or departments appointed by
Chinese Government. Party B shall cooperate actively to obtain the valid
visa and permits. The fees and responsibilities arising out of the actual
employment activity before the contract takes effect, if any, shall all be
borne by Party A.
Party B shall bear all expenses incurred when staying on after the contract
expires.

XII.Waiver
If a party against whom any obligation is owed agrees to waive a provision of
this contract, such waiver shall not otherwise affect the validity or effect
of any other portion of this contract.

XIII.Dispute Resolution
Any dispute arising out of this Contract shall first be attempted to be
resolved through friendly negotiation between the Parties. If all attempts
fail, either party may within 60 days after the dispute occurs, appeal to
local Administration of Foreign Experts’ Affairs for intermediation, or apply
to the relevant personnel or labor dispute arbitration commission for
arbition. Any Party, if disagreeing with to the result of the
intermediation/arbitration, reserves the right to intiate legal proceedings
with the local court directly.

This Contract is signed at ____________________ , in duplicate, this__________


day of__________ , __________, in the Chinese and __________ languages,
both texts being equally authentic.
The appendix of this contract is an inseparable part of the contract and
equally valid and effective.

Party A (Employer) Party B (Employee)


( Signature ) ( Signature )

Appendix to The contract (SAMPLE)


I. Party B’s work assignments

II. Salary
1. The salary for Party B shall be paid by month, that is RMB ________ (before
tax) for each working month. The salary payment shall begin from the
first day Party B commence his/her position till the expiration of the
contract.
2. Salary will be paid by Party A on the_____th day of each month. If the
payment date fall on a statutory holiday or rest day or under other special
circumstances, the salary shall be paid the next day after that. If Party B
works only part of a month, salary should be calculated by the day. The
total number of working days of each month shall be 20.83 days
(including February). 1 day’s pay shall be 1/20.83 of the total monthly
salary.
3 . Party B shall bear all the expenses for his/her accompanied family
members.
4.Party B shall pay individual income tax for his/her salary according to the
regulations of the taxation administration of China. Party B’s salary can be
exchanged into foreign currency with his/her Foreign Expert Certificate
and income tax payment certificate.

III.Accommodation and Transportation


1. Party A provides Party B with a free apartment on campus, which contains
a bedroom, a kitchen, a bathroom with necessary equivalents: a bed,
telephone, wardrobe, television set, microwave oven, washing machine.
Party A will pay Party B RMB cover the expenses incurred from phone
call, gas and electricity. The excess part shall be borne by Party B. If Party
A can only offer a free apartment off-campus, Party A will provide school
bus or subsidize Party B RMB each month as transportation allowance.
2. If Party A can not provide Party B with an apartment, Party A must assist
Party B in locating an accommodation and will subsidize Party B RMB
per month as an accommodation and transportation allowance. Party B is
obligated for all accommodation expenses.

IV.Health care and accidental insurance


1. Party A will pay Party B RMB_____to buy insurance which covers his/her
expenditure for major diseases, hospitalization and personal accidents
while he/she works for Party A. Party A will assist Party B in selecting
suitable insurance packages.
2. If Party B fails to buy an insurance in China for his own reasons, Party A will
provide Party B RMB _____to buy an international insurance, which covers
major diseases, in-patient treatment expenses and accidents within
duration of his/her service for Party A.

V.Work Hours and Holidays


1. The work hours of Party B should be 8 hours a day, 5 days a week.
2. If Party A requests overtime work, Party B will receive overtime pay in
accordance with Chinese Labor Acts.
3. Party B shall be entitled to paid leave on all PRC statutory public holidays.
4. Party B shall be entitled an annual leave with pay of_____working days for
the first year of employment, _____working days for the second year of
employment and _____ days every year thereafter. The annual paid leave
of Party B for the year in which he/she joins in or departs from Party A
shall be pro-rated.

VI.Travel Expenses and Vacations allowance


1. If Party B fulfills all obligations of a 1- year-contract, a return air ticket
allowance of RMB_____ will be paid by Party A at the end of the contract
period. If the contract period is less than 1 year, the air ticket allowance
will be prorated based on the time he/she serves for Party A.
2. Party B, who fails to complete the contract for his/her personal reasons,
will forfeit the right to the above stated paid leave air ticket allowance
after the last day of duty.
3. Luggage transportation expenses will be paid to Party B up to 1/5 of the
international air ticket price in RMB. Since airlines between China and
United States of America stipulate that carriage of two large pieces of
luggage up to a maximum 64 kg is free of charge, for employed party
from the United States Party A may not bear his/her luggage
transportation expenses.
4. All the fees incurred from health exam and visa application are borne by
Party A.

VII. Sick Leave


1. For sick leave more than one day, a medical certificate signed by a doctor
from the appointed hospital is necessary. All sick leaves must be approved
from the Director or the Head Teacher. For sick leave of (7) days or less,
Party A will pay as usual. After (7) days, Party A will pay Party B 70% of
the regular salary. The maximum allowable sick leave is (30) days. After
(30) days, Party A will stop the salary payment and has the right to
terminate the contract.
2. All leaves must be approved from the Director or his Deputy. If Party B is
approved of a leave for personal reasons, he/she will not be paid during
the absence period. In one school year, Party B shall not ask for leaves of
absence for accumulatively more than (10) days, and shall not ask for a
leave of absence for continuously more than (3) days.
3 . Upon production of an appropriate medical certificate, a female
employed Party will be granted maternity leave on full pay for 90 days.
Any extension of maternity leave will be determined in accordance with
PRC laws and may be granted on a leave without pay basis. Paternity
leave on full pay will be granted for up to 3 days.
4. (3) days’ salary will be deducted for each one day absent without approval
beforehand. Over 10 days leave without approval ahead of time is
deemed as violation of the contract. Party A reserves the right to
terminate the contract and ask for penalty from Party B.
5. Lateness for class and end of class ahead of schedule shall result in a 1-
day pay deduction from Party B’s salary for 2 occurrences. Up to 5
occurrences will result in not only a certain amount of salary deduction
but also a termination of the contract by Party A.

VIII. Probation Period and Credit Bail


1. Party A will set a probation period of (1) months for Party B upon the
signature of the contract. During which time Party B will receive a regular
salary as set in the contract. During the probation period, Party A has the
right to terminate the contract with Party B if Party A finds out Party B is
not eligible for the position due to his/her health conditions, academic
level, professional morality, or social manners.
2. Party B shall pay a certain amount of credit bail RMB to Party A upon
the signature of the contract as to prove his/her good faith for
employment. Party A shall run the formalities for all the needed
certificates for Party B’s stay in China after the receiving of the bail. The
bail will be returned to Party B as the probation period ends.
3. Party B shall not apply for other jobs without Party A’s permission during
the contract period. In case Party A agrees, an agreement shall be signed
between the involved parties.

IX. This appendix has equal validity of the contract and comprises integral
part of this contract.
X. The confirmation and any changes to the contract as well as its appendix
must be conducted through mutual consultation and signed in written
form. Any verbal agreements are deemed as invalid.

Party A Party B
( Signature ) ( Signature )