CONTRACT

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CONTRACT
I. Party A South China University of Technology
service of Party B in
as
wishes to engage the
Professor /Associate Professor
/Lecturer. 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 term of this contract shall be from the
,
to the
day of
,
day of
. The first month of the
term of this contract is the probation period. After the expiry of the term, the
employer shall assess the employee's performance based on the employment
contract. The employee shall report tasks completion and work progress to
School of Journalism and Communication and Personnel Division. The employer
has the right not to renew the contract if the employee fails the assessment.
Ⅲ.The Post of Party B shall be a full-time faculty position. The duties of
Party B are pursuant to the attached agreement of this contract.
Ⅳ.Party B's monthly salary will be ¥
Yuan(before tax), and
will not be converted into foreign currency monthly. The salary adjustment
should be in accordance with Party B’s job position adjustment or Party A’s
salary standard adjustment.
Other benefit is pursuant to the appendix of this contract.
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.
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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 my
post unrelated to the work agreed on with Party A.
3. Party B shall conduct duties as a full-time staff completely and properly,
finish all the tasks and missions on schedule and guarantee the quality of work
required by the post.
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 or does not fulfill the contract
obligations according to the terms stipulated, and has failed to amend after Party
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A has pointed it out.
(2) According to the doctor’s diagnosis, 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 necessary working and living
conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
5. Either of the two parties has the right to terminate the contract in advance
with a written notice, if the request is forwarded to the other party at least 30
days in advance.
6. Party A has the right to cancel the contract immediately and unilaterally
under the following conditions:
(1)If Party B is absent from work for 10 consecutive working days or absent
from work for a cumulative total of 20 working days within a contract year .
(2)If Party B goes abroad without Party A’s permission or does not return
from abroad in time.
(3)If Party B violates the rules and regulations of Party A, causing accident
due to negligence, or if Party B is responsible for dereliction of duty or
malfeasance that gives rise to severe losses.
(4)If Party B disturbs public order so seriously that the work of Party A or
other corporations cannot be conducted normally.
(5)If Party B is involved in academic cheating and falsely claims high
academic aptitude in the employment materials.
(6)If Party B is sentenced to criminal detention, suspended prison sentence,
fixed-term imprisonment or heavier penalty, set term of imprisonment or
reeducation through labor.
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(7)If any other circumstances occur under which the Contract can be
terminated as required by law or administrative regulations.
Should Party B conduct acts during the probationary period that do not meet
Party A’s recruitment requirements and in the meanwhile refuse the job position
adjusted by Party A, then Party A has the right to unilaterally cancel the contract.
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 $ 800 to 3,000 or 3 to 10 times of
Party B’s monthly salary.
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 doesn’t take effect on the date signed by both parties. Only
when Party B gets the work permit, foreign expert certificate and residence
permit issued by Chinese government and the employment relation occurs, can
the contract take effect. The contract will automatically expire when the contract
ends. If either of the two parties asks for a new contract, it should forward its
request to the other party 30 days prior to the expiration of the contract, and sign
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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 disputes
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 Bureau of
Foreign Experts and ask for a final arbitration.
This Contract is signed in the Chinese and English languages, both texts being
equally authentic. In case of any discrepancy between the two versions, the
Chinese version shall prevail.
Party C:School of
(Seal)
Party B:
Dean, Secretary:
(Signature)
Date:
(Signature)
Date:
Party A:South China University of Technology
(Seal)
Representative:
(Signature)
Date:
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Appendix to the Contract
I. Work Tasks Assigned to Employee
1. The employer cordially appoints the employee as
Professor
/Associate Professor/Lecturer in the School
of
, SCUT.
2. The employee shall accomplish the following work objectives and
tasks during the term:
1)Teaching:
2)Scientific Research:
3)Discipline Development:
4)Fostering Talents:
5)Others(including lab construction):
3. The employee shall honor the job placement by the employer and
complete the tasks agreed upon on schedule and guarantee the quality
of tasks according to the employee’s position responsibilities and the
requirements of the employer.
4. The employer as required can and may adjust the employee’s job
placement and position within the term on the basis of negotiation by the
two parties.
II. The Employee’s Working and Living Conditions
1. The Employee’s salary adjustment, the title of technical post and
position’s promotion should be in accordance with SCUT’s relevant
regulations for Chinese teachers.
2. The employer and the employee shall participate in social
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insurance and pay social insurance premiums according to the national
decrees and relevant regulations. The employee could enjoy social
insurance benefits in accordance with the law.
Party C:School of
(Seal)
Party B:
Dean, Secretary:
(Signature)
Date:
(Signature)
Date:
Party A:South China University of Technology
(Seal)
Representative:
(Signature)
Date:
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