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)
( Signature )
Party B (Employee)
( 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
( Signature )
Party B
( Signature )