Here is a copy of Leader Education's contract for six month online teaching.

The contract is obviously written for an in-person teaching assignment, so some provisions would be impossible to enforce either for the teacher or the employer.

I am concerned about the interpretation of the following clauses:
1.4
5.2
6.2
13.4
17.1.3
Article 18
Article 22

I requested a photo and the Chinese names of the representatives of Leader and of their client, Linewow. None were provided.

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外籍英语教师聘用合同
Foreign Teachers’ Contract

Party A: Beijing Leader Jiahua Education Science&Technology Co., Ltd.
Add: RoomA-2033, Jinmao Building, Xizhimenwaidajie, Xicheng District, Beijing
Tel: 0086-10-88334607
email: leaderieduvip@126.com

Party B:

Name:

Gender:

Nationality:

Passport No.:

Date of Birth:

Address:

Email Address:

Phone No.:

Skype ID:

Party A employs Party B as a part-time online English teacher. The rights and obligations of Party A and Party B are established in the Contract. Both Parties confirm they fully understand and will implement completely any provisions in the Contract. Unless Party B explicitly expresses his reservations over and his wish to cancel certain provisions when making the Contract, Party B waives his right of defense on any of the provisions.

Chapter I Contract Term
Article 1
1.1 The Contract covers the term from 15th Jan. 2014 to 14th June 2014.
1.2 The probationary period for Party B is one month, starting from 15th Jan. 2014 to 14th Feb. 2014.
1.3 1.3 Party A will decide whether or not to shorten the probationary period based upon Party B’s proved capacity. During the probationary period, either Party can terminate the Contract upon informing the other Party in a written form according to law.
1.4 Should Party B conduct acts during the probationary period that do not meet Party A’s recruitment requirements and Party A does not know them until after the probationary period because of Party B’s intentional efforts to conceal them, then Party A has the right to terminate the Contract in accordance with provisions concerning termination of the Contract during the probationary period without paying any compensation to Party B.

Chapter Ⅱ Job Description

Article 2 Job Description
2.1 Party A employs Party B served as online Oral English teacher, according to Party A’s needs and Party B’s desire.
2.2 The specific job description of Party B and workload and quality standards that Party B has to meet are followed as the teaching requirement by the online school.
2.3 Party B should all along remain qualified for the post and perform relevant responsibilities and obligations in a highly efficient manner.
2.4 Party B should complete the work assigned by Party A on time, in full and to a satisfactory level of quality, and perform Party B’s obligations in the Contract by submitting work outcomes or in a manner agreed upon by both Parties.

Chapter III Working Time and Working Conditions

Article 3 Working time
3.1 Party A adopts a working and holiday system that matches the nature of Party A and conforms with national and local employment regulations.
3.2 In line with the needs of Party A and the job descriptions of Party B, Party A adopts working time for Party B. That is to say, Party B works at least 2 hours a day, at least 10 hours a week. It is average 5-7 working hours each day.
3.3 Party A has the right to adjust the working time of Party B according to Party A’s needs and Party B’s capability ，performance and personal desire. After both parties agree, Party B should follow the new times to work. In line with the working time adjustment, Party A makes a corresponding adjustment to Party B’s payment.

Article 4 Working conditions
4.1 The school of Party A provides Party B with necessary training ，textbook, and online teaching software and system, and formulates working procedures, scope of work and guidelines.
4.2 Party B guarantee the equipment including computer, microphone, network speed , etc. could meet the needs of the school: computer, microphone works and network speed could be above 4M/s.

Chapter Ⅳ Salary and Income tax

Article 5 Salary
5.1 Party A fixes Party B’s salary in accordance with relevant rules under the national allotment system and the working times. Party B’s hourly payment is 12 USD (taxable). Party B’s monthly payment during probation is 12USD (taxable and no less than 80% of the regular monthly pay after probation).
5.2 Party A has the right to make deductions from Party B’s salary in case Party B disregards Party A’s rules and damages Party A’s property, fined economically for violation of employment rules and regulations, and pay penalty or compensation for violating the Contract.

Article 6 Payment of salaries
6.1 The hour payment will be given to Party B in USD12 on the 15th of next month, starting from the day Party B begins working and ending on the ending date of this contract. Party B will be given the payment for the final month on the final day Party B works. If the date coincides with a legal holiday, the payday is delayed to the preceding workday. For services of less than one month, the payment will be made for each working day.
6.2 Should Party A be unable to make the payment on time because of uncontrollable reasons or other significant events, Party A should notify Party B 3 days in advance. Party A can postpone the payment for a maximum of 30 days.
6.3 Party B’s payment will be cut accordingly if Party B asks for days off or is absent from work.
6.4 Party B shall keep the payment confidential to others.

Article 7 Personal income tax
7.1 It is Party B’s obligation to report and pay personal income tax. Party B’s monthly payment is USD 12 (before tax). Party B has to pay monthly income tax according to Chinese laws.
7.2 Unless Party A and Party B agree otherwise, all the salary and other income that Party B receives under this Contract are taxable.

Chapter V Benefits

Article 8 Vacation
8.1. Party B’s Work, Holidays and Days Off
Party B teaches five days a week (from Monday to Friday). The working hours are at least 10 hours, no more than 40 hours per week. Party B should follow Party A’s work schedule.
8.2 Party B is entitled to the same legal holidays as Chinese citizens, which include New Year’s Day, Spring Festival, Qingming Festival, International Labor Day, Duanwu Festival, Chinese National Day, Mid-autumn Festival and other holidays designated by law and regulations. For the holiday time, Party B should accept the adjustment and follow the new schedule and holiday time.

ChapterⅥ Work Discipline and Reward & Punishment

Article 9 Work discipline
9.1 Party B is responsible for preparing lessons well prior to teaching, conducting lessons well, assessing student’s work and taking an active part in student’s extra-curricular activities which facilitate increased language skills and mutual understanding.
9.2 Party B should be punctual for lessons. Smoking, answering phone calls and meeting guests are not allowed during lesson periods.
9.3 Party B shall complete the teaching tasks accordingly and in a professional manner. Without Party A’s consent, Party B can not change the class schedule and the teaching plan.
9.4 Without Party A’s consent, Party B can not hold any other post unrelated to Party A.

Article 10 Rewards and penalties
10.1 According to relevant stipulations, Party A evaluates the work performances and contributions of Party B and gives an appropriate reward to Party B.
10.2 Should Party B violate Party A’s rules, employment discipline or stipulations in the Contract, Party A may admonish Party B, inform him/her of the correct procedure, impose economic and administrative penalties on Party B, and even terminate the Contract without paying any compensation.

Article 11 Sick and personal leave
11.1 Party B should hand in sickness proof from the hospital. If Party B has the proof, Party B’s salary won’t be cut for the first sick leave day. The cut will start from the second day of sick leave. Party A can cancel the contract if Party B has more than 15 sick leave days with in one year. If Party B asks for more than 2 days of sick leave, Party B should provide the statement by the doctors of the hospital.
11.2 Party B should use allocated leave days to attend to personal affairs. If Party B asks for days off with acceptable reasons, Party B shall make up the lessons in time. If Party B doesn’t make up the lessons, Party B’s monthly salary will be cut according to 30USD for one lesson. Party B can not have more than 10 days’ leave of absence or more than three days’ consecutive leave of absence within one year.
11.3 Party B can have Christmas day off.

Article 12 Absence from work without asking leave and violation of working disciplines
12.1 If Party B is absent from class with no acceptable reasons, Party B’s monthly salary will be cut according to 30USD RMB per class.
12.2 Party B must be online to teach on time. If Party B is not online on time during the class, the penalty will be 10 USD every 10 minutes late.
12.3 In the event of any of the following by Party B, as determined by Party A, Party A reserves the right to terminate the Contract and resort to legal means for compensation:
12.3.1 Absence from work without the consent of the employer for 7 consecutive days;
12.3.2 Other serious violations of rules concerning teaching and management policy, which cause serious damage to Party A.

Article 13 Confidentiality
13.1 Party B is obliged to maintain confidentiality for Party A. Party B should obey the rules concerning confidentiality formulated by Party A and is subject to supervision of Party A, including but not limited to the storage, delivery, use and disposal, etc.
13.2 All the documents available by Party B during work belong to secrets-involved documents. Party B shall neither disseminate them against the rules nor disclose to the third party in any manner or allow the third party to use them. The methods of dissemination include but not limited to copying, sending e-mail, taking secret documents or articles to public occasions, talking about the secret-involved documents in public, etc.
13.3 If Party B disobeys the confidentiality obligation, he or she shall not only compensate the loss of Party A, but also bear the relevant legal liability in accordance with relevant laws and regulations.
13.4 The term of confidentiality obligation by Party B is not limited to the term of this Contract, starting from the date when party B knows the secrets-involved documents, to the date when the secrets-involved documents decrypted or enters into public information domain.

Article 14 Party A’s Obligations
14.1 Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, and Party A’s work system and regulations concerning the administration of foreigners.
14.2 Party A shall conduct direction, supervision and evaluation of Party B’s work and inform Party B of the evaluation results.
14.3 Party A shall pay the payment to Party B on time.
14.4 Party A shall provide co-workers or assistants.

Article 15 Party B’s Obligations
15.1 Party B shall obey the laws and decrees enacted by the Chinese government and shall not interfere in China’s internal affairs.
15.2 Party B shall follow Party A’s work system and regulations concerning the administration of foreigners. Party B shall accept Party A’s assignments, instruction, assessment and evaluation.
15.3 Party B shall finish the work tasks on time and in a professional way.
15.4 Party B shall respect China’s religious policy and shall not conduct religious activities incompatible with the status of foreign teachers.
15.5 Party A shall respect Chinese people’s moral standards and customs.

Chapter Ⅶ Amendment, Termination and Cancellation of the Contract

Article 16 Amendment of the Contract
16.1 Both parties should abide by the contract and should refrain from revising or terminating the contract without mutual consent.
16.2 The contract can be revised or terminated after both parties reach mutual consent. Both parties should follow the contract before reaching mutual consent.

Article 17 Termination of Contract
17.1 The Contract is terminated automatically if any of the following occurs:
17.1.1 The Contract expires and Party A and Party B have not renewed the Contract upon its expiration;
17.1.2 Party B dies or is declared dead or missing by the people’s courts;
17.1.3 Party A is bankrupt, disbanded, has its operating license revoked or is ordered to be closed down in accordance with the law;
17.1.4 Any other circumstances occur under which the Contract must be terminated as required by law.
17.2 When the Contract terminates upon expiration of its term, Party A should inform Party B 30 days in advance in written form.

Article 18 Cancellation of Contract
18. Party A can terminate the contract if Party B has the following cases:
18. 1 Party B breaks Chinese laws or decrees.
18. 2 Party B doesn’t follow Party A’s work system and regulations concerning the administration of foreigners, and has failed to amend that after Party A has indicated the fact.
18. 3 Party B hasn’t done the work in a proper way that is agreed in the contract and has failed to amend that after Party A has indicated the fact.
18. 4 Party B has disobeyed the contract and has failed to amend that after Party A has indicated the fact.
18. 5 Party B can not resume normal work after 20 days of sick leave.
18. 6 Party B is absent from class with no reason for more than one week.
18. 7 Party B indulges in excessive drinking and has failed to amend that after Party A has indicated the fact.
18. 8 Party B indulges in drug using, gambling or prostitutes.

Article 19 Handover and return of property
19.1 Upon termination or cancellation of the Contract, Party B should carry out the procedures to hand over his work. If damage is incurred upon Party A because Party B has not properly handed over his work, refused to hand over his work or only partially handed over his work, Party B should bear the liability to pay compensation.
19.2 Party B should return all documents and other articles that he is using or are in his possession but belong to Party A.

Chapter VIII Extension of Contract

Article 20 Extension of the Contract
20.1 Party A and Party B should conduct consultation on whether to extend this Contract before it expires. If Party A and Party B agree to extend the Contract, a written agreement should be signed before it expires.
20.2 If Party B intends to extend the Contract, he should submit an application for the extension to Party A at least 30 days before the Contract expires. If both Parties agree, they can carry out the procedures to extend the Contract.

Article 21.Term of renewed Contract
21.1 In principle, the length of time of the renewed Contract should be no less than that of this Contract unless otherwise agreed upon by both Parties.
21.2 After the expiration of this Contract, if Party A and Party B have not carried out the procedures to terminate the Contract and have formed an actual employment relationship, Party A should conduct consultations with Party B in a timely fashion on renewing the Contract. If the two Parties can not reach agreement on the term and other articles of a new contract, both Parties can propose a termination of their actual employment relationship by giving the other party 30 days’ prior notice. The party that proposes the termination of Contract will bear legal liabilities in accordance with the law.

Chapter IX Legal Liabilities for Breach or Cancellation of Contract

Article 22 Party B’s liabilities for breach of Contract
22.1 Party B wants to terminate the contract before it ends, Party B should inform Party A with a written notification one month in advance, otherwise pay penalty of the same money of Party B’s monthly salary to Party A for breaching the contract.
22.2 Party B wants to cancel the contract for reasons that are not health factors, and shall give proofs that are related to the cancellation from other organizations. Party B can leave and pays for the cost of leaving China only after the proofs are approved by Party A. If Party B wants to cancel the contract for health factors, Party B shall give hospital proofs that Party A wants. Party B can leave.
22.3 Party B is liable for damages it causes to Party A by canceling the Contract before it expires. Party B should pay compensation to Party A if he/she unilaterally cancels the Contract before it expires or quits the post without prior notice, except in situations described in this contract.
22.3.1 Party B should pay Party A 500 US dollars in compensation if Party B cancels the Contract or leaves the post within one month after the end of probation.
22.3.2 Party B should pay Party A 400 US dollars in compensation if Party B cancels the Contract or leaves the post between one and four months after the end of probation.
22.3.3 Party B should pay Party A 300 US dollars in compensation if Party B cancels the Contract or leaves the post within 2 months before the Contract expires.
22.4 Party B should be liable to pay economic losses incurred on Party A due to Party B’s failure to keep commercial secrets.

Article 23 Party A’s liabilities for breach of Contract
23 If Party A has to cancel the contract because of inevitable events, Party A can cancel the contract. If Party A cancels the contract with no reason, Party A shall pay penalty of the same money of Party B’s monthly salary to Party B for breaching the contract.

Chapter X. Dispute Resolution

Article 24 Dispute resolution
Arbitration: The Parties shall consult with each other and mediate any disputes which may arise about the contract.

Chapter XI Supplementary Articles

Article 25 Text of Contract
This contract is signed on 15th Jan. 2014 in Beijing. It’s got two copies. They are in Chinese and English, and have the same effect.

Article 26 Force of the Contract
This Contract takes effect as of the date it is approved by Party A and Party B.

Article 27 Interpretation of Contract
The department of Party A responsible for the management of foreign staff affairs has the final right to interpret the contents and terms of this Contract and its appendixes.

Party A’s Representative (Signature) Party B (Signature)

Date： Date：