Sample Contract
AGREEMENT OF EMPLOYMENT FOR TEACHERS
The host institution and the foreign cultural and educational expert shall, when signing the appendix of the contract, comply with the provisions of Administrative Measures on the Salary and Living Treatment of Foreign Cultural and Educational Expert issued by State Administration of Foreign Experts Affairs and Ministry of Finance. And decide the salary and living treatment according to the concrete circumstances of the host institution and the foreign cultural and educational expert.
Delter Business Institute
AGREEMENT OF EMPLOYMENT
EMPLOYEE NAME:
CURRENT ADDRESS:
CONTRACT DATE:
(Herein referred to as "Employee") agrees to provide to Delter Business Institute (herein referred to as "College") services as specified in accordance with the terms and conditions contained in this agreement.
1. RESPONSIBILITIES
The employee is to act on behalf of the College in all areas of developing and delivering training at the College.
All activities the Employee undertakes must be reported and approved by the GM or the Director of Education for the College. The following describes the major activities of the Employee:
- developing and delivering English, Business, including corporate training, Computer training and/or other specialty courses as assigned by the Director or the GM.
- work thirty -five hours per week (classroom teaching, student supervision, administration, oral or written testing, English corner, Listening lab or other duties as assigned by the Director), five days per week, except for the Chinese National Holidays. The work schedule may be in an evening and/or daytime shifts and designated workdays may be any five of the seven days of the week.
- other administrative duties as assigned by College from time to time. (These may include some marketing events – which will utilize any weekly work time owed to the College).
2. COMPENSATION
- The initial teaching contract is for one academic year (two semesters). If a teacher is asked to teach during the holiday time, he/she will be paid for the service time. The contract is starting from the first day of working in the assigned school with written approval by the college.
- The starting salary for new teacher is set at RMB 6000 local currency per month.
The 2nd year renewed contract for ESL teachers will be RMB7000/month.
- An ESL teacher will be transferred into the business faculty during his contract if he/she is qualified and the vacancy in business class teaching is available. The business teacher’s package will be RMB 9000/month.
The 2nd year renewed contract for Business teachers will be RMB10000/month.
If an ESL teacher has been transferred for his second year to the business faculty teacher his salary will be 9000 RMB
A business teacher will be transferred to ESL faculty (with ESL package) if he/she has not been teaching business class for more than 2 weeks and there is no more business class teaching vacancy assigned to him/her during the semester.
- College will compensate RMB 100 per hour for any optional and additional classroom teaching above the standard minimum as noted above.
- The payday depends on the host school accounting system.
- Round trip economy airfare paid to Employee by College upon successful completion of 10 months teaching ,based on the following policy:.
1. For all foreign teachers who are hired and who are already in China:
The airfare reimbursement amount will be a set maximum of RMB5600 paid after completion of the two semester teaching. The amount of reimbursement will be specified by written notice at the time of hiring.
2. For all foreign teachers who are hired from out of China by the College:
The airfare reimbursement amount will be a set at a maximum of RMB8000 paid after completion of the two semester teaching. The amount of reimbursement will be specified by written notice at the time of hiring. Teachers are to provide air ticket copy to the college.
Any amount exceeding the 8000 RMB will be covered by the teacher.
- The College will provide the employee with a working visa for the duration of his or her teaching and will pay for it.
- College will provide suitable individualized accommodations in China. The college will be responsible for a maximum RMB500 per month to cover the utilities and phone bill happened in the apt. The teacher will be responsible for anything exceeding this amount. The teacher who lives off campus will not have all these benefits. Refer to the teacher manual for details
- College will provide Internet access in the school for the use of teaching staff.
- College will reimburse the Employee for routine medical expenses (except for any dental services) provided that the following procedure is adhered to. Any illness requiring medical treatment, medicine or hospitalization, where reimbursement is requested, will only be sought at a Chinese hospital/clinic that is appointed by the college. A member of the school’s Chinese staff must always accompany the Employee to such medical facility. There will be no reimbursement for western medication or treatment. Only medical expenses for routine illness as defined and determined by Delter, as required, will be reimbursed. Reimbursement for any other medical treatment including accidental injury will be determined on a case-by-case basis by Delter.
3. EMPLOYEE WARRANTIES
The Employee hereby warrants that no other party has exclusive rights to his/her services in the specific area described herein and that Employee is in no way compromising any rights or trust relationships between any other party and Employee, or creating a conflict of interest for Employee or for College, or any possibility thereof. The Employee further warrants that all services provided hereunder will be performed in accordance with all applicable National, Provincial, or Local Laws. Employee agrees to indemnify and hold College harmless from any and all claims of other parties for breach of these warranties.
Employee shall promptly and fully disclose to College all inventions, improvements, discoveries or any intellectual property conceived, developed, or reduced to practice by Employee in connection with, or as a result of employment services performed for College and shall treat all such information as if it were proprietary information furnished to Employee by College. Employee agrees that he/she shall not divulge to anyone either during the term of this Agreement or thereafter any of College's trade secrets or other proprietary data or information of any kind whatsoever acquired by Employee in carrying out the terms of this Agreement. Provided, however, that such trade secrets or other proprietary data or information is not already in the public domain.
4. AMENDMENTS
This Agreement may not be and shall not be deemed or construed to have been modified, amended, rescinded, canceled or waived in whole or in part, except by written instruments signed by the parties hereto.
5. ENTIRE AGREEMENT
This Agreement constitutes and expresses the entire agreement and understanding between the parties. All previous discussions, promises, representations and understandings between the parties relative to this Agreement, if any, have been merged into this document.
6. TERMINATION
A. This Agreement may be terminated by the College immediately and without any liability for any damages or compensation for breach of contract, wrongful dismissal or otherwise, if the Employee shall:
- initially demonstrate a general inability or unwillingness to perform the duties outlined in this Agreement during the first month of their employment, referred to as "Employee Probationary Period"; or
- become mentally or physically incapacitated such that he/she is unable to perform his/her obligations under this Agreement; or
- be convicted of any indictable offense for which a sentence of imprisonment can be imposed by law; or
- be guilty of any misconduct relating to the discharge of his/her duties hereunder; or
- be guilty of any neglect in the discharge of his/her duties hereunder or commit any willful or persistent breach of any of the provisions of this Agreement;
- or for any of the reasons noted in the Teachers Manual-Discipline.
B. Otherwise the College may terminate this Agreement by giving 15 days (half month) prior notice in writing. Such termination shall be effective upon the date specified in said notice. College's sole obligation in the event of such termination shall be to pay Employee for services performed by Employee up to the effective date of such termination.
C. This section shall also allow the termination of the contract at any time by the Employee as follows,
1. If the Employer does not supply all of the compensation as set out in section 2 ¨C (Compensation) the Employee can terminate the contract immediately.
2. The Employee can terminate this Agreement for any such reason by giving 15 days prior notice in writing.
If the Employee chooses to terminate the contract before it is completed, the airfare will not be
reimbursed and the College has 15 days to terminate and cancel his/her visa from that being provided under the name of the College.
7. SUBCONTRACTING AND ASSIGNMENTS
It is understood and agreed that this Agreement is for the rendering of services by Employee. Employee may not subcontract any part or all of the services to be provided without the prior written consent of College.
8. DISCLOSURE
Employee acknowledges and agrees that it may be necessary for College to disclose the fact of the Employee's retention, the duties performed and the compensation paid, should there be proper inquiry from such a source as an authorized Government agency or should College believe it has a legal obligation to disclose such information and Employee hereby authorizes any such disclosures. Provided, however, any such disclosure shall only be made with the written consent of the Employee, such consent not to be unreasonably withheld.
EMPLOYEE HAS READ THIS AGREEMENT, AND ACKNOWLEDGES THAT
HE/SHE UNDERSTANDS THIS AGREEMENT AND IS BOUND THEREBY.
Employee Delter Business Institute
SIGNATURE: SIGNATURE:
DATE:
Delter reserves the right for final arbitration.
