TEACHERS DISCUSSION FORUM
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- 1970-01-01
Re ANYTHING WRONG WITH THIS PUBLIC UNIVERSITY CONTRACT, Chinese version?
#2 Parent A R - 2011-01-20
Re ANYTHING WRONG WITH THIS PUBLIC UNIVERSITY CONTRACT?

I've added some stuff in red!

1. The contract period between Party A and Party B is from February 21 to June 21 in 2011________.
2. Party A should pay Party B monthly payment _4500_RMB after taxation.
3. Party A will pay foreign teachers between 20th and 30th each month and will be ahead of time on holiday under the situation that Party B finishes his or her work.
4. If the operating time does not fill for month-long, the payment is provided daily, every day provides the volume for each month of wages 1/30. (February is 1/28).
5. One-way air ticket will be reimbursed with a half academic year contract of full-time service. Party A will pay Party B the air ticket allowance two weeks in advance. Party B needs to provide Party A a formal and legal invoice of the air ticket.What about my situation? I won't buy tickets to return home!
6. The fees of medical examination in China for applying for the foreign expert certificate and the residence book will be paid by Party A. According to the regulation of State Bureau of Foreign Experts Affairs, Medical insurance and personal accident insurance during the contract period to be paid by Party A.
7. 500RMB medical expenses will be reimbursed with a half academic year contract of full-time service. If need hospitalization, medical expenses will be reimbursed according to the regulations of medical insurance. All the reimbursement will be made with submitting regular medical receipt.
8. Party A arranges a province collective tourism once a year with voluntary participation of foreign teachers. No make-up trip will be made.
9. Holiday during the contract period will be paid.
III. Party A's Obligations
1. Party A should pay the salary and the other fees on time.
2. Free accommodation- a fully furnished, completely private, quality flat which includes bedroom, living room, kitchen, bathroom, toilet, etc, is normally furnished with the following facilities: a set of wardrobe, beddings, TV set, telephone, computerwith Internet, washing machine, microwave oven, air conditioner, heater.
3. Party A should pay the water, electricity, gas fees of the apartment in time.
4. 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 Party B.
5. Party A shall conduct direction, supervision and evaluation of Party B's work.
6. If Party B does not abide by the contract, has very bad teaching results and behaves badly, the employer will inform and talk with him or her. If Party B refuses to mend his or her ways despite repeated disciplinary action, Party A can terminate this contract and dismiss Party B. I wonder how bad is very bad!
7. Party A shall give to Party B recommendation letter within one month of the completion of this contract. Under no circumstances shall this letter be posted to Party B. It shall only be given in person to Party B by Party A.
IV. Party B's obligations
1. Party A should abide by teaching regulations of Party B.
2. The weekly teaching period is 18 50 minutes per period. The subjects that Party B teaches are Oral English and Writing. The arrangement will be made by Party A. Party B should attend English corner, English speech contests, sport meeting, theatrical performances which are organized for university students.
3. Party B must formulate a teaching plan with the help and advice of the dean of the department in which he or she works. Party B must deliver his or her teaching plan within 2 weeks after new term begins. Party A will choose teacher to appraise the teaching plan, and watch closely the course of teaching and appraise the teaching effects. What about prescribed textbooks for both oral English and writing? Are there any? How closely and to what degree will the course of teaching and the appraisal of the teaching effects be done, respectively?
4. Party B must prepare lessons carefully and put it down on the notebook or print it. The teaching and research activities of the department in which Party A works should be taken part in actively. Party B should accept the irregular supervision of the university or the department. The supervision includes: attending the class, private conversation discussion, checking the employees teaching material preparation and students assignment, etc) Everything mentioned here indicates a great emphasis on the job done by the foreign teacher, perhsps an over-emphasis!
5. The teaching material or films chosen by Party B only can be used with the permission of the director of teaching and research section.
6. Party B must give exactly the amount of lessons and course stipulated in this contract. The content which is irrelevant with the curriculum should not be instructed during class time.
7. Party B should give lessons on time as the school timetable has prescribed. Party B can not prolong, reduce, stop and change classes freely. Warnings will be given for the first two times. If Party B violates the above rules for more than 2 times, 10 yuan per minute will be deducted.
8. Party B should give the students suitable assignments, and correct the assignments. 10 yuan/minute seems a petty fine, and what has been written above appears to presume someone employed by party A has a stopwatch to hand!
9. Party B must not assume other teaching or non-teaching duties in the university or out of the university without the permission of the foreign affairs office.
10. Party B must write a working report of two copies before the term or school year end. One copy is being sent to the international exchange affairs office, the other being sent to the departments teaching and research section. How long should each end of term report be? What exactly does it entail? (*)
11. Due to special reasons, Party B needs terminate the contract; Party B should inform Party A 30 days in advance. Party B can leave till Party A has arranged the teaching affairs. Of course, this couldn't be done in the event of an FT having a sudden heart attack!
V. Daily Regulations
The issues which are not covered in the contract should be discussed by the two sides and dealt with according to the relevant regulations issued by Chinese government.
1. Party B needs inform Party A about the arrival and departure of the traveling. Party A will pick up Party B on the first time arriving at University and arrange the car for the last departure to ____ Railway Station or Zhengzhou Airport.
2. Party B shall pay the bills for their own expenditure on telephone calls in their flat.
3. Party B must return books and equipments he or she has borrowed. All the equipment in the flat should be intact when the contract is terminated. The foreign expert certificate must be returned. The employee should deliver a written working report before the end of the contract. See above (*).
4. Party B should not have other people stay over night in their flat except their partner, children and parents.
5. Party B should obey the rules of residence and working area of Party A.
VI. Operating TimeRest and Holidays
1The operating time of Party B is five days each week: Monday to Friday, and cannot give lessons ahead of time for individual reasons or adjusts the curriculum arbitrarily. Party B who has to ask for leave for affairs must report to the department three days beforehand.
2The Party B enjoys the following Chinese holidays and the wage reward. New Year's Day Spring Festival Qingming Festival International Labor Day Dragon Boat Festival National Day Mid-autumn Day.
3When the nation has a vacation but needs to adjust the class on Saturday and Sunday, Party B should give the coordination, and Party A should notice foreign teachers two days ahead of vacation.
VII. Sick Leave and Other Leave
1. If Party B has been sick and ask for a sick leave, Party B should obtain the certificate from the Center Hospital or 159 Hospital.
2. The maximum of sick leave in one academic year is no more than 30 days. If it is over 30 days, Party A has the right to terminate the contract according to the regulation of the contract issued by China State Bureau of Foreign Expert.
3. If Party B has to ask for personal leave during work time, he/she must obtain the permission from Party A. Missed class should be made up later with the arrangement of the International Office. The continuous personal leave is no more tan 3 days. The maximum personal leave within one semester is 10 days. If the personal leave is over 10 days within one semester, Party A has the right to terminate the contract.
4. If Party B neglects work without any reason or asking leave from the school, Party A has the right to fine Party B 1/10 of the contracted monthly payment if Party B neglect his or her work for one period. If Party B neglects more than one period, the fine will be made by missing periods multiplies the 1/10 of the contacted monthly payment. If Party B neglects work for seven days, Party A shall has the right to end the contract.
VIII. Revision 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. Party A has the right to cancel the contract with 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 15 days sick leave.
3. 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.
IX. 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, it must pay a breach penalty of 8000 RMB. If Party B breaks the contract within 2 months, besides the 8000 RMB penalty, Party B should pay the commission charge, insurance fee and the air ticket allowance.
XI. Renew the Contract
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 30 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.
XII. 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 expert affairs in the State Bureau of Foreign Experts and ask for a final arbitration.
XIII. Confidentiality
Party B shall not disclose his/her salary and the information of the contract to a third Party without the consent of the employer.
This attached contract is an integral part of the contract issued by China State Bureau of Foreign Experts.
This contract is in both Chinese and English languages, both texts being equally authentic.
Party A Party B

(signature) (signature)

And finally, what if the university decides to terminate my contract early? I'd expect a percentage of the perks relevant to the actual date of termination. For example, if that were to occur after 3 months of teaching, I'd expect my salary to be paid up to the final day of teaching plus 3/10 th of the air fare allowance of 6000 RMB for a 10 month contract plus 3/10 of the two-month summer holiday salary, ie of 9000 RMB plus 3/10 of the holiday travel allowance of 2200 RMB due for said contract having been followed, not mentioned in the above sample contract, incidentally, which I'd like to be of 10 months duration, not just one semester, as the sample contract stipulates. There should be 10 monthly payments of 4500 RMB each, which represent salary payments only.

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