CONTRACT

ISSUED AND PRINTED BY

THE STATE BUREAU OF FOREIGN EXPERTS

CONTRACT

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 fufill conscientiously all the obligations stipulated in it.

Ⅱ. The period of service will be from the        day of            20          to the          day of              ,  20            .

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 to Party B the laws, decrees and relevant regulations enacted by the Chinese government,  Party A’s work system and regulations concerning administration of Party B’s work.

2.      Party A shall conduct direction, supervision and evaluation of Party B’s work.

3.      Party A shall provide Party B necessary working and living conditions.

4.      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 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 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.

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$ 500 to 2,000 (or the equivalent in RMB)

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 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.

     Party B shall bear all expenses incurred when staying on after the contract expires.

XI.  Arbitration

This Contract is signed at                  , in duplicate, this         day of                   20   , in the Chinese and English languages, both texts being equally authentic.

                      Party  A                                                       Party  B

                   ( Signature)                                                  ( Signature)

Annex

I.  Duties of Party B.

The duties of Party B shall include the performance of all of the duties typical of the teaching and activity held by Party B as described in the bylaws of  Party A and such other duties and projects as may be assigned by a superior officer of  Party A, if any, or the principal of  Party A. Party B shall devote his/her entire productive time, ability and attention to the work of the Party A and shall perform all duties in a professional, ethical and businesslike manner.  Party B will not, during the term of this Agreement, directly or indirectly engage in any other business, either as an employee, employer, consultant, principal, officer, director, advisor, or in any other capacity, either with or without compensation, without the prior written consent of  Party A. If Party B breeches this Agreement, he/she shall be responsible for all the losses of  Party A incurred therefrom. What’s most important, Party B shall not work directly or indirectly for any counterpart company or educational institution during his/her service period with Party A.

The workload of Party B shall be 20 hours' teaching per week.

II.  Salary.

A.  Party A should fix party B's monthly salary according to his/her professional abilities, work assigned, and his educational and professional background.

B.  Party B's monthly salary will be RMB             Yuan.  The salary shall be adjusted at the end of each year of employment at the discretion of the principal.

C.   Party B's salary shall be paid on the Party A's regular pay day. It shall begin from the day of Party B's commencement of his/her work in China, end at the expiration of the contract. If the work to be done takes less than a month, the payment will be made by the day, each being one thirtieth of the monthly salary. (The same in February).

III.  Benefits.

A. Accommodations. Party B shall be entitled to a fully-furnished apartment with TV, telephone, washing machine and refrigerator, shared by 2 EFL teachers, (private bedroom, shared living room, kitchen and bathroom).  Party B shall pay  for his/her own consumption of power, gas, water, food, phone, and internet.

B. International Trip Allowance. International airfare allowance RMB  5000  Yuan shall be paid on the completion of annual Contract.

C. Group Medical and Life Insurance.  Party A agrees to include Party B in the group medical and hospital plan of Party A and provide group life insurance for Party B at no charge to Party B in the amount of  during this Agreement.  Party B shall be responsible for payment of any state or local income tax imposed upon these benefits. 

D. Language Training.  Party B shall be entitled to two hours' free Mandarin instruction per week..

E. Internet Access.  Party B shall be entitled to half an hour's free access to internet each day at Party A.

F.  Holidays.   Party B shall be entitled to all the Chinese public hodidays as well as vacations scheduled by Party A. If Party B wants to have a day /days off to celebrate Party B'S National Day or principal ethnic traditional holidays, Party B shall give Party A one week notice and seek Party A's consent. These holidays shall not exceed an accumulative total of five days within an academic year.

G. Sick Leave.  Party B shall be entitled to sick leave and emergency leave according to the regular policies and procedures of Party A.  Additional sick leave or emergency leave over and above paid leave provided by  Party A, if any, shall be unpaid.

H. Leave of absence. If Party B asks for leave of absence and obtains Party A's consent, a deduction in salary should be made according to the number of days which Party B is absent. Leave of absence cannot exceed 10 days within a year and continued leave of absence shall not exceed 3 days. If Party B is absent for one day without Party A's consent, a deduction of three days' salary will be made.

I. Leave in Advance.  If Party B asks for leave in advance after fulfilling the contract, he/she should get permission from Party A first. The period of prior leaving will be no more than two weeks.

IV.  Term and Termination.

A.  The Initial Term of this Agreement shall commence on                    and it shall continue in effect for a period of              .  Thereafter, the Agreement shall be renewed upon the mutual agreement of Party B and Part A.  This Agreement and Party B's employment may be terminated at Party A's discretion during the Initial Term, provided that Party A shall pay to Party B an amount equal to one month's salary, plus an amount equal to prorated bonus and return expense.

B.  This Agreement may be terminated by Party B at Party B's discretion by providing at least sixty (60) days prior written notice to Party A.  In the event of termination by Party B pursuant to this subsection, Party A may immediately relieve Party B of all duties and immediately terminate this Agreement, provided that Party A shall pay Party B at the then applicable salary rate to the termination date included in Party B's termination notice.

C.  In the event that Party B is in breach of any material obligation owed to the Party A in this Agreement, habitually neglects the duties to be performed under this Agreement, engages in any conduct which is dishonest, damages the reputation or standing of the Party A, or is convicted of any criminal act or engages in any act of moral turpitude, then SCHOOL may terminate this Agreement upon five (5) days notice to Party B.  In the event of termination of the agreement pursuant to this subsection, Party B shall be paid only at the then applicable base salary rate up to and including the date of termination.  Part B shall not be paid any bonus or return expense or other compensation, prorated or otherwise.

                      Party  A                                                       Party  B

                   ( Signature)                                                  ( Signature)