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全职外教合同模板FULL-TIME EMPLOYMENT CONTRACT

FULL-TIME EMPLOYMENT CONTRACT(2019)Department: Foreign AffairsName:Party A: xxxx SchoolBranch location :__________________________Party B: _______Gender: _______Date of Birth: ______________Nationality: _________Passport Number: _ _______________________Current residential address: __________________________Contact telephone number: ______________________________E-mail address: ________________________In accordance with the “Labor Law of the People’s Republic of China” and “Labor Contract Laws of the People’s Republic of China”, Party A and Party B upon mutual consultation on equal grounds, agree to sign the contract as drawn herein, and jointly agree to observe all following articles:Article 1: Terms of employment1.1 The term of this Contract shall be _months, commencing on______(d) ____ (m) ______(y) and expiring on_____ (d) ____ (m) ______ (y)1.2 Party B shall be subject to a probationary period of employment during the first twomonths after this contract takes effect. During this period, both parties may terminate the contract outside of the conditions in Article 13.1.3 Party B agrees to work for Party A exclusively during the period of the contract.Article 2: Description of employment and working conditions2.1 Party B agrees to serve Party A in the capacity of _Full-Time English Teacher_ at the_________ branch.2.2 According to Party A’ s job requirements, Party B shall complete the assigned workingcontent required for the assigned post and reach the stipulated quality standards. Party B’s responsibilities shall include but are not limited to:•English language teaching according to the needs, level, and number of students as determined by Party A•Performing demonstration English classes for marketing and diagnostic purposes.Duties may also include participation in sales and marketing events or teacherrecruitment activities.Article 3: Working Hours and Timetabling3.1 Party B is required to work xxx hours (including both teaching and office hours) in aminimum of 5 days per week (during non-peak season and the peak season). Under no circumstances may the teacher take Saturday or Sunday off. The exact schedule can be adjusted with the mutual consent of Party B and Party A.Note: Peak season includes March and December, slow season is from January toFebruary, and non-peak season includes all other months.3.2 Party B’s working hours may be scheduled between 08:00 and 21:30 from Monday toSunday.3.3 During the slow season, Party B may be assigned up to xxxhour (xxx lessons) classroomteaching periods for the month of January and xxx-hour (xxx lessons) classroom teaching periods for the month of February. Any classroom teaching periods over xxx hours in January or xxx hours in February shall be arranged only with the mutual consent Party B and Party A and shall be subject to compensation as set forth in Clause 4.2.3.4 During the non-peak season, Party B may be assigned up to xxx-hour (xxx lessons)classroom teaching periods. Any classroom teaching periods over xxx hours per month shall be arranged only with the mutual consent of Party B and Party A, and shall be subject to compensation as set forth in Clause 4.2.3.5 During the peak season, Party B may be assigned up to xxx-hour (xxx lessons) classroomteaching periods. Any classroom teaching periods over xxx hours per month shall be arranged only with the mutual consent Party B and Party A and shall be subject to compensation as set forth in Clause 4.2.3.6 Party B is expected to fulfill up to [ xxx ] working hours per week to complete courses,lesson planning and other course-related administrative duties, interview and evaluate potential students, develop teaching materials, participate in marketing or teacher recruitment activities, contribute to the professional development of both foreign and Chinese colleagues, or other duties mutually agreed upon by both Parties.3.7 Demo lessons and student assessments are counted as office time and not lesson time.Article 4: Remuneration4.1 Party A shall pay salary to Party B according to the following scale:Probationary periodThe first monthly salary = ____________ RMB (before tax)(housing subsidy included)The second monthly salary = ____________ RMB (before tax)(housing subsidy included)After probationary period: monthly salary =___RMB (before tax) (housing subsidy included)4.2 Party B shall be paid according to the following scale per teaching period as overtime. compensation for each classroom teaching period over the corresponding values set in Clause 3.3,3.4, and 3.5:•______RMB per hour for one to one,____RMB per hour for small group class.•Party B Has the option of taking 6 hours overtime as 1 extra days holiday allowanceup to a maximum of 15 days extra days holiday. Teachers are not allowed to takethis kind of holiday at the weekend.Note:Overtime is considered as extra classes taken on top of basic classes and office time. Basic contract requirements must be completed first.Article 5: Probation period and after Probation5.1 Party B will be subject to a probation period of two months of this contract. During the first.month, they will be paid 80% of the full salary and 90% in the second month. If Party B reaches 90% of the required teaching hours in the second month, he/she will be paid full salary. Both parties reserves the right to terminate the contract with at least 3 days’ notice during the probation period with just cause. Only after being approved by Party A’s head office can Party B be certified as a full-time teacher.5.2 If Party B is not approved after the probational period, Party A may propose that Party B.be still in the probational period or switched to part-time status, thus terminating this contract. Part-time teachers are only paid for the classes they teach.5.3. After probation period, if Party B can reach between 90%-100% of the required teachinghours as specified in Clauses 3.3, 3.4, or 3.5, he/she will be paid with full salary. If Party B reaches between 80% and 89% of the required teaching hours during the month, he/she will be paid 90% of the full salary. If Party B reaches between 70% and 79% of the required teaching hours, he/she will be paid 80% of the full salary. If Party B fails to reach 70% of the required teaching hours, he/she will be paid at the part-time rate. If Party B fails to reach 70% of the required teaching hours for 3 months, Party A reserve the right to terminate the contract.5.4 Party B shall be paid for the previous month on the xxxth day of each month. If the pay dayoccurs on holidays, the payment may be delayed to the following week.Article 6: Lateness, cancellation6.1 Party B agrees to abide by the tardiness and cancellation policy as described in section IXof the Teachers Handbook.6.2 Party B agrees to abide by the request for leave policy described in section IX of theTeachers Handbook.Article 7: Paid leave, Personal (unpaid) leave, Absenteeism and Sick leavePaid leave:7.1 After the first six months, Party B is entitled to 5 weekdays’ paid leave every year duringthe validity of the contract, with the addition of one day for every subsequent year. Inexceptional circumstances, Party B may apply for weekend leave at the discretion of the headquarters.7.2 Party B should notify Party A in writing not less than three weeks prior to using paid leavedays, the granting of which is at the discretion of the branch manager and theheadquarters.Unpaid leave:7.3 Party B should notify Party A no less than 5 days in advance for personal (unpaid) leavefor up to 3 consecutive days and no less than15 days in advance for personal (unpaid) leave for more than 3 consecutive days.7.4 If Party B takes any weekdays off for personal reasons, Party A reserves the right todeduct the Daily Rate for each absent day.【Daily rate hereafter means the amount of total salary divided by the actual number of days of that month】7.5 If Party B takes any days off at weekends, Party A reserves the right to deduct three timesthe Daily Rate.7.6 If Party B takes any days off without giving notice in advance (which means the notice wasgiven after 7pm of previous day and on the day taken off), Party A reserves the right to deduct the respective penalties for absent weekdays and weekends PLUS class fees for missed classes.Absenteeism7.7 Definition of absenteeism: Party A will regard the following situations as absenteeism: takingdays off without giving any notice, insufficient proof of illness, failure to obtain approval from Party A. Party A will deduct an extra 500RMB PLUS the corresponding penalties mentioned in Article 7.6. Party A has the right to terminate the contract if Party B accumulated more than two days (times) absenteeism in a year, and reserves the right not to pay any compensation to Party BSick leave7.8 Party B shall notify the director of studies or operations manager immediately in the eventof illness. Any sick leave must be supported by a doctor’s certificate and the medicalreceipts. Party A can provide assistance to obtain the doctor’s certificate upon request.Upon return to work, a sick leave form must be completed and approved by operations manager.7.9 Any sick leave shall be accordingly reduced by 1/2 of the daily salary. Paid sick leave islimited to 2 days a year.Article 8: Public holidaysParty B shall be required to work on Chinese public holidays, in lieu of which Party B shall.be entitled to an equivalent number of weekdays off within 30 daysNote: Party B must not take leave during summer and winter camps.We recommend teachers use annual leave during the Chinese Spring Festival to make use of the extra national holidays and have a good long break.Article 9: Health insuranceParty A shall provide accident insurance and hospital and surgery insurance for Party B.Article 10. FlightsUpon completion of the contract, a full-time teacher is entitled to receive a maximum of 6000 RMB as a reimbursement for travel expenses. The money will be included in Party B’s salary of the last month of the contract and therefore subject to income tax. If the teacher asks for a leave for longer than 15 days during the contract period, he/she cannot claim the travel reimbursement.11.1 Party A is responsible for obtaining a valid work (Z) visa for Party B who engages into a long-term Employment Agreement of twelve (12) months or more. The expenses relevant to acquiring the residence permit and work (Z) visa for Party B that shall be paid directly by Party A are:•Government fee for application of the Resident Permit.•Fees of completing the Temporary Residence Permit in the city in which the visa is processed.•Health check fee.11.2 If Party B engages in an agreement of three (3) months or less with Party B, Party B is responsible to obtain the necessary visa and license himself / herself. If Party B leaves Party A without completing the contract, Party A will reserves the right to deduct relevant visa fees from Party B’s salary.Article 12: Other bonuses and subsidies12.1 Party B will be eligible to receive bonuses for recruiting new teachers based on the following scale:Article 13: Amendment, revocation, termination of contract13.1 Upon unanimous agreement, both parties may revise the contract or terms of it inwriting.13.2 The external circumstances under which the contract can be modified, cancelled andterminated include:A. A change in the laws, administrative regulations, and systems on which the contract isbased.B. A change in the physical or logistical situation on which the contract is based.C. A structural change in or change in operational needs of Party A.13.3 Under the following circumstances, Party A has the right to immediately terminate this contract:A. Party B supplied false information (such as CV, degrees, medical check certificates,etc.) to obtain employment.B. Party B has, through dereliction of duty or harmful action, damaged the reputation ofParty A or caused economic or personnel losses.C. Party B is investigated for criminal offences in violation of the law.D. Party B has failed to abide by the obligations of the contract and refuses to correcthis/her behavior.E. Party B refuses to accept demo classes or other teaching tasks even though theirmonthly class load is below the teaching hours set by Party A.F. Improper behavior by Party B leads directly or indirectly to serious disputes and/oreconomic loss to Party A. Improper behavior includes but is not limited to:a.Inappropriate comments regarding a student’s race, religion, nationality, sex,marriage status, age, physical or mental illness, sexual orientation, or personality;b.Sexual advances, harassment, or inappropriate physical contact with students orstaff.c.Intimidation or coercion of students or staff in order to attain rewards, benefits orpreferential treatment.G. Party B refuses to accept schedule adjustments due to operational needs, includingbut not limited to working six days per week.H. Party B has failed to keep confidential or, without the prior written consent of Party A,has disclosed to any other person not authorized to receive it, information concerning the business or affairs of Party A or its clients or matters Party A is engaged in.13.4 Under the following circumstances, Party A should notify Party B no less than 10 days inadvance of terminating this contract:A. Party B has suffered from illness/disease, or has been injured due to reasons notpertaining to work duty and, after medical treatment, Party B is no longer able toeffectively perform the work assigned by Party A.B. Party B is unqualified in his/her work, even after receiving training or being transferredto another position.13.5 Under the following circumstances, Party B has the right to inform Party A in writing 15 days in advance to terminating the contract and be entitled to full remuneration according to this contract:A. Party A fails to provide Party B with the necessary working conditions as stipulated inthis contract.B. Party A has failed to pay Party B salary on time.C. Party A fails to inform Party B of changes to laws including, but not limited to, visarequirements and tax regulations, in a timely manner.D. Party A’s rules and regulation breaks the provision of laws and regulation and damageParty B’s rights and interests.E. Party A concludes or amends a contract by fraudulent means.13.6 If either party is unable to fulfill the contract due to force majeure, he/she should notifythe other party within 3 days in order to reduce loss, and supply proof issued by relevant organizations within 15 days. The contract can be terminated after the other party’spermission and the cancelling party shall have no responsibility.13.7 Party B must give written notice no less than 30 days in advance of their decision toterminate the working contract for reasons other than those stipulated in Clause 13.5. IfParty B fails to provide 30 days’ notice, Party A reserves the right to deduct all theremaining salary of Party B.13.8 If Party B does not fulfill the term of this contract, Party B is required to return the visaprocessing fee and medical checkup fee to Party A.Article 14: Disputes14.1 In the event of a dispute during the term of this contract, the two parties should solve itthrough friendly consultation. Either party has the right to request arbitration if acompromise cannot be reached through friendly consultation.This contract and its Appendix are written in English in triplicate, and shall be effective afterboth parties’ signatures. Each party shall hold one copy and Party A’s HR Department shouldhold one on file. If either party wishes to extend this contract, he/she should submit anapplication 30 days in advance.Party A Party B(On behalf of xxx Training School)Signature _____________________ Signature _________________________ Date___________________ Date ____________________。

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