CHINESE SAMPLE CONTRACT #1:

Teacher Employment Contract
Location: Zhenjiang

Party A, wishes to engage the services of Party B, as an English teacher. The two parties, in the spirit of friendly cooperation, agree to sign this contract and pledge to conscientiously fulfill all the obligations stipulated herein.

The period of service will be from to the last day of the school year. Party B will be on his/her paid/unpaid vacation during the winter vacation.

Party B’s salary shall be RMB per month payable beginning , and continuing on the same day each month until the final month of the contract.

Party A’s Obligations
a. Party A shall introduce to party B the law, decrees and relevant regulations enacted by the Chinese government as well as party A’s work system and the regulations concerning foreign experts.
b. Party A shall provide Party B necessary working and living conditions.
c. Party A shall conduct directions, supervision, and evaluation of Party B’s work.

Party B’s Obligations
a. Party B shall observe the laws, decrees, and relevant Regulations enacted by the Chinese government and shall not interfere with China’s internal affairs.
b. Party B shall observe Party A’s work system and regulations concerning the administration of foreign experts and shall accept Party A’s arrangement, direction, supervision, and evaluation in regard to her work.
c. Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed upon with Party A.
d. Party B shall complete the tasks agreed on schedule and guarantee the quality of the work.
e. Party B shall observe the “Teacher’s Guide of Zhenjiang City”.

Details
a. Party A shall provide all accommodations for party B for the duration of the contract plus one month at the end of the contract for moving away. The accommodations must be approved by Party B.
b. Party A shall make all arrangements for the issuance of a visa to include:
i .Required visa medical exam
ii .Residency permit
iii .1-year visa
c. Working time shall consist of 40-minute periods of instruction within a five-day week, with two consecutive days off each week.
d. Party B may also be occasionally asked to assist the school with various administrative tasks requiring technical English comprehension.
e. Party A shall grant to party B all national holidays as well as the Spring Festival.
f. Party A shall provide B RMB as health care and insurance for one year.
g. Party A shall provide Party B travel pay within China RMB on 1st Mar. 2004.

Travel Costs: Party A shall provide Party B a round trip air ticket or the cash equivalent. The departure portion for transportation to the school shall be paid as a part of the salary of the first month to Party B and the return portion or cash equivalent is to be paid at end of contract. Party A shall provide transportation to and from the airport and the school for Party B’s arrival and departure.

Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
a. 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.
b. According to a doctor’s diagnosis, Party B cannot resume normal work after a continued sick leave of 30 days.

Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
a. Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
b. Party A has not paid Party B as scheduled.

Breach Penalty
a. If either of the two parties fail to fulfill the contract or fail to fulfill the stipulated contract terms, it must pay the other party a breach penalty of US$1000 (or the equivalent sum in RMB)
b. If Party B asks to cancel the contract due to events beyond control, it should provide certifications by the appropriate departments, obtain Party A’s consent, and pay its own return expense. If Party B cancels the contract without valid reason, it should pay the breach penalty as well as its own return expense.
c. 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 the breach penalty as well as Party B’s return expenses.

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 the other party 90 days prior to the expiration of this contract. The new contract should be signed with the mutual consent of the two parties.

This contract will be signed in triplicate with each copy being equally authentic.

Party A (signature):

Date:

Party B (signature):

Date: