2017年外教合同(修订).doc

1、1ContractParty A Happy Marian Kindergarten engages the service of Party B as an English Teacher. 甲方：上海静安区民办格林新蕾幼儿园雇用乙方 为英语教师。The period of service will be from the 16th day of August of 2017 to the 31st day of July of 2018.聘雇期 2017 年 8 月 16 日至 2018 年 7 月 31 日。The work time of Party B will be accordi

2、ng to the regulation of Party A from 8:00 am to 4:00 pm.Additional working time for Party B shall be allocated by Party A in advance. Party A has the right to adjust the working hours according to the needs of the school but the total working hours will not be exceeded as stated in the contract.乙方依甲

3、方之规定工作时间为周一至周五上午 8 时至下午 4 时整。甲方得依业务需求，提前通知乙方加班。甲方在每周总工时不超过本合同议定时数之原则下，得调整乙方之工作时段。Salary1. The salary is CNY wage (before tax).乙方之薪资为人民币 人民币（税前）2. The salary will be paid to the Party B on the 10th of each month. The salary is calculated from 1st to 30/31st of previous month. However, if Party B take

4、s leave of absence or if there are holidays for 3 or more consecutive workdays before the payday, the payday will be delayed for a period equal in number to the days of absence. Party B is required to sign for his/her salary in person.每月支薪日期为当月 10 日，支薪计算日期为前一个月的 1 日至 3031 日。若乙方在请假或遇支薪日有 3 日（含）以上的连续假

5、日，支薪日则予以顺延至等同于乙方请假日数始支付薪资。乙方必须亲自签领薪资。3. Party A provides 6,000 RMB for housing allowance each month, Party B needs to present genuine rent tax receipt for monthly reimbursement before the 25th every month, or the housing allowance will be accumulated to as the part of the salary.甲方提供房租津贴每月 6,000 元，乙

6、方需提供房屋租赁正规发票。乙方需在每月 25 日之前向甲方提供正规房屋租赁发票，逾期将不享受此项津贴。Foreign Expert Certificate and Z visa1. Foreign Expert Working permit and “Z” visa are the only legal working permit documents that Party A applies for Party B. The application and health examination fees will be reimbursed by Party A after Party B

7、submits the receipts of applications.外国人来华工作许可证和 Z 签证为甲方为乙方申请的唯一合法工作许可文件。甲方依据乙方提供的申请费用发票支付申请和体检费用。2. Party B is responsible for providing all genuine documents needed for Foreign Expert Working permit and Z visa application in one week prior to all application procedures.乙方负责在申办程序开始前一周提供真实有效的材料申办外国人

8、来华工作许可证和 Z 签证。23. Party B must supply Party A with all documentation needed to acquire a working visa prior to accepting the role. If a visa cannot be obtained because Party B has provided false information, Party B will be responsible for the fees of visa application and health examination. Fapiaos

9、 must be provided by Party A. 若乙方不符合办理外国人来华工作许可证之资格，乙方需支付所有费用。4. Foreign Expert Working permit shall be kept by Party A and be returned to Party B as the employment ends. Party B has to pay for the fees if Party B fails finish the contract, the fees are a maximum of 5,000RMB. Fapiaos must be provide

10、d by Party A.外国人来华工作许可证由甲方保管，合同期满归还乙方。合同期满前离职，乙方应按支付工证件费用。Bonus: Monthly evaluation, full attendance, contract fulfillment bonus1. Party B will receive monthly evaluation bonus of CNY0- CNY800 at the end of each month according to his/her work attitude and teaching performance evaluated by the Teach

11、ing Director.乙方月考核奖金为 0800 元，依教学主管每月考评为发给标准。2. Party B will receive full attendance bonus of CNY200 which will be deducted in one of the conditions as following:1）sick leave, 2）personal leave, 3）any personal excuses for being lateness more than 2 times in the month or, being lateness for more than 1

12、0 minutes on one working day,全勤奖金为每月 200 元。若有一下情况将扣除当月全部全勤奖金：1）病假2）事假3）任何个人原因迟到 2 次以上，或一天迟到超过 10 分钟。3. Party B will receive upmost ONE month salary (housing allowance included) as “contract fulfillment bonus” by the end this contract term. The amount of bonus will be evaluated by the principal based

13、 on work attitude, attendance and monthly performance.乙方合同期满奖金最高一个月工资（含房租津贴）。奖金额度由园长按照年度内工作态度、出勤情况和每月考评核算。Holidays 节假日1. Party B will be given all statutory holidays as paid holidays. Should Party B be asked to work during those Holidays, he/she will be compensated in the form of extra paid holidays

14、 to take at a time mutually agreed upon by both parties.国定假日为支薪假日。乙方依甲方要求在国定假日工作，且双方均达成协议情况下，甲方需支付加班费用。2. Paid vacation will be arranged during winter and summer breaks based on school calendar arranged by kindergarten principal. The estimate paid holidays will be 8 days in winter break, 15 days in

15、summer break. 支薪假期由甲方依照校历安排在寒暑假。预定 8 天于寒假，15 天于暑假。3. Unpaid holidays can be arranged during winter and summer breaks based on school calendar arranged by kindergarten principal. The estimate unpaid holidays will be 5 days in winter break, 5 days in summer break.不支薪假期由甲方依照校历安排在寒暑假。预定 5 天于寒假，5 天于暑假。34

16、. Besides winter and summer breaks, all days off will be considered as personal leaves which will lead to salary deduction for the expenditure to substitute teachers. 乙方除寒暑假期外的请假均以事假处理，以扣减薪资支付代课教师费用。5. In case of absence from work without Party As permission, 3 days salary will be deducted for each

17、absent day unless a doctors note can be provided. For serious circumstances, Party A has the right to terminate the contract immediately.请假未获批准而仍未到职，视为旷职，每旷职 1 天，扣除 3 天工资。若情节重大，经查属实，甲方得立即解除 合同。Insurance 保险1. Medical Insurance plan is offered by party A which will be based on insurance agency arrange

18、ment.甲方依据保险公司提供的方案为乙方提供医疗保险。Both parties obligations双方之义务1. Party A shall introduce to Party B the laws, decrees and relevant regulation enacted by Chinese government and shall not interfere in Chinas internal affairs.甲方应告知乙方遵守中国政府法律规章且不得干涉中国内政。2. Party B shall observe Party As work system and regul

19、ations and shall accept Party As arrangement, direction, supervision and evaluation in regard to his/her work. Without Party As consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A. 乙方应依甲方之指示遵守公司工作规范及指导。未经甲方书面同意，乙方不得同时于其他公司任职或

20、执行与甲方业务无关之工作。3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.乙方应善尽职责及保证工作质量。4. Party B shall respect Chinas religious policy, and shall not conduct religious activities incompatible with the status of a teacher.乙方应遵守中国宗教政策，且不得以教师之身份进行宗教活动。5. Party B shall res

21、pect the Chinese peoples moral standards and customs.乙方应尊重中国人民之道德标准与习俗。6. The regulations stated in appendix to this contract act as equal liability as the contract itself.本合同附件所列之工作规范与合同本文同样有效。Revision, Cancellation, Termination and Renewal of the Contract 1. Both parties should abide by the contra

22、ct and should refrain from revising, canceling, or terminating the contract without mutual consent.甲乙双方遵守合同规范，未经双方书面同意，不得自行修改，取消或终止本合同。42. Party A has the right to cancel the contract immediately with 30 days written notice to Party B under the following conditions:甲方得提前 30 日用书面通知乙方立即终止合同，若乙方有下列情事发生

23、：(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 provided a written and verbal warning.乙方未依合同内容履行工作且经甲方纠正仍拒不改正。(2) According to the doctors diagnosis, Party B cannot resume normal work

24、 after a continued 30 days sick leave.依据医师诊断，乙方在连续病假 30 日后仍无法正常工作(3) Party B is absent without request more than twice during the designated contract.合同期间，乙方请假未经核准而旷职 2 次以上。(4) Party B is found trafficking in any time during his/her work period or is intoxicated.乙方有贩毒或吸食毒品之行为。(5) Party B is under th

25、e influence of illegal substances or poses risk of safety to the working environment.乙方持有非法物品或所做出危及工作场所安全之行为。(6) Party B has failed to follow any of the regulations of this contract and to maintain professional conduct until his/her contract expires or complete.乙方无法依合同规范及执行工作项目。(7) If Party B has fa

26、iled to maintain and improve his/her working attitude, failed to act upon directives, and failed to improve his/her performance or other misconduct(s).The dismissal will be instant for receiving the third warning note issued by Party A.若乙方无法持续及改进其工作态度，或不依甲方之指正改善其表现及行为不当，在收到甲方三张警告单时，得立即解雇乙方(8) Party

27、B fails to provide genuine documents as Party A requests for Foreign Expert Working permit and “Z” visa application in one month, this contract will be terminated automatically. Party B shall pay for the all the fees that has been subsidized by Party A if the documents are not provide prior to signi

28、ng the contract.乙方在合同签订后一个月内无法提供办理外国人来华工作许可证和 Z 签证之有效文件，本合同即自动失效。乙方需支付甲方代垫之各项费用。3. Party A reserves the right to terminate this contract in the event of incompetence or violations against the employment regulations by Party B. 30 days advanced notice is required if Party A must terminate the contrac

29、t.甲方保有因乙方工作不力或违反合同规范而解雇乙方之权利。若需提前解约，甲方需提前 30 日通知乙方。4. This contract will be considered to be terminated if the number of students of Party B decreased more than 1/3 because of a direct result of the teachers poor teaching.当乙方之学生人数减少三分之一时，甲方得考虑解除合同。5. Party B is required to fulfill this contract. His

30、/Her failure to do so for any reason will result in a compensation for CNY3000. 30 days advanced notice is required if Party B must leave the post. Form of notice under 30 days will result in an additional penalty of CNY3000; however, advanced notice over 30 days will not result in compensation. Dur

31、ing this 30 days advanced notice period, Party B shall still perform his/her duties as specified in the contract. His/Her failure to do so will result in another penalty of CNY3000.5In the event of dismissal, Party B will receive his/her wage up to but not including the working day of dismissal, exc

32、luding all applicable penalties.乙方因故未能履行合同期满，应支付甲方 CNY3,000 作为违约赔偿金。若乙方因故主动提解约，少于 30 日之告知期，乙方需再支付甲方 CNY3,000 罚金，提前 30 日以上告知则免罚。在离职前，乙方仍应依合同规范内容工作，否则甲方得以另罚 CNY3,000 元。解约同时，乙方会收到扣除赔偿金及罚金之薪资。6. The renewal of the contract every year will be based upon the teaching performance, working attitude, seniori

33、ty, and annual evaluation of Party B and on the student re-enrollment rate concerning the teacher. The appendix of this contract is an inseparable part of the contract and has equal effect. This contract takes effect on the date signed by both parties and will automatically expire when the contract

34、ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.合同期满续约将视乙方之教学表现、工作态度、年资、年度考评及学生续班率而定。本合同附件其效力与合同相同不得分割。本合同自双方签订之日起生效，期满自动终止。任何一方欲续约，应于合同届满前 90 日提出

35、，并由双方签订新合同完成续约程序。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 experts affairs in the State Administration of Foreign Experts Affai

36、rs and ask for a final arbitration.相关因本合同产生之争议，应由双方调解处理之。若无法调解，双方得声请外国专家局为仲裁机关。This Contract is signed at Happy Marian Xinlei Kindergarten, Jingan District, Shanghai, China, in duplicate.本合同一式两份签订于上海静安区民办格林新蕾幼儿园This contract is written in Chinese and English, only the English text is legally binding

37、.本合同以中英语书写，以英语内容为准PartyA: 上海静安区民办格林新蕾幼儿园 （Happy Marian Xinlei Kindergarten） Signature: _Contact: PartyB:_Signature: _Address: _6Identification:_ Date of Signed: _THE APPENDIXJob Description工作内容1. Teaching and caring for the children.教学及照顾儿童2. Party B is required to attend and support all activities

38、held by Party A. These include all open house gatherings, morning exercises, performances, PTA meetings, teachers meetings and teachers training and , other teaching-related tasks assigned by the Teaching Director.乙方应参与及支持甲方举行之所有活动，包括：校园参观日，晨间活动，学生表演，家长会，教师会议及培训等。其他由教学主管指派与教学相关的活动3. Assisting in the

39、 marketing work if necessary.在必要时协助招生活动。Regulations, Rules and work Obligations1. Part B is required to sign in and out for work on time. Every 5 minutes lateness will result in a CNY25 reduction. This reduction will be doubled if such a situation occurs 2 or more times during a month. Being late fo

40、r 30mins or more will be considered as an hour absence and more than an hour will result in a reduction in salary the equivalent of 2 hours compensation for every single hour.乙方上下班均应打卡。每迟到 5 分钟，扣人民币 25 元。当月第 2 次以后迟到，每 5 钟扣人民币 50 元。迟到30 分钟以上，视同缺勤，扣除 2 小时时薪。2. Party B shall follow the timetable that a

41、rranged by the kindergarten principal, see attachment 1.乙方应依幼儿园园长安排之时间表执行工作，如附件一。3. Teachers weekly evaluation form is considered as a formal working record during the contract term, see attachment 2.乙方之周教学考核将视为正式考评记录之一 ，考评表如附件二。4. By 8:00, all faculty should be at their own classrooms and start the

42、 morning activity. All personal activity should be finished before 8:00 i.e. eating breakfast. 上午 8：00 所有教职员均应进教室开始晨间活动。所有个人的活动，如吃早餐，都必需在 8：00 前完成。25. Staff office is opened to teachers for class preparation during 13:30 to 14:15.教师办公室仅于 13：3014：15 开放供教师备课使用。6. Party B will not disclose information

43、concerning the work content without the written permission of Party A.乙方未获甲方书面许可，不得向他人透露工作内容。7. Party B is required to follow the teachers guide and the teaching plans which his/ her should familiarize him/ herself with before class, and if necessary, notes may be used during the lesson. Being found

44、 reading the lesson plan in class or not following the lesson plan will result in a forfeiture of an hours wage for that class. Changes to the lesson plan may only be made after consultation with the Teachers director OR, Party B will face penalty of wage deduction at CNY200/class.乙方应依教师手册及教学计划执行教学工

45、作，并应完成课前准备，熟悉教学内容及步骤。不按规范教学，扣除当节钟点费。未经教学主管同意，擅自更改教学计划罚薪人民币 200 元。8. Party B is required to design curriculum plan two weeks before and give it to the Teacher Director on time OR, Party B will face penalty of wage deduction at CNY200/week.乙方未提前二周缴交教学计划，罚薪人民币 200 元。9. Party B is not allowed to engage

46、in selling of any products or services to the parents or staff of Party A.乙方不得对学生/家长/同事及甲方进行销售任何产品及服务。10. Party B is not allowed to provide any tutoring service to the children or families attending Party A school.乙方不得对甲方在校学生及家人进行课后家教补习。11. The copyright of any activity plans or tapes written/ made

47、by Party B during the working time belong to Party A.乙方于上班时间任何教学活动之著作或录音等版权归甲方所有。12. Party B is required to uphold the Confidentiality of all aspects of Party A. The entire lesson plans, documents and resources are commercial intellectual properties of Party A and protected by law, Legal proceeding

48、will be taken against Party B if he/she uses or offers anyone any part of the above-mentioned software or intellectual property anywhere beyond the school of Part A.乙方应保守甲方所有业务相关之机密。教学计划，文件及资源均视为甲方之商业智慧财产并受法律所保障。在甲方以外之任何地点使用上述任何一项，均将面临法律追诉。13. Party B is required to uphold all Party As properties su

49、ch as books, teachers guide, lesson plan, computer, laptops Any damage or loss which can be lead to the Party Bs responsibility will result in equivalent compensation of the property (for example, for each Happy Marian lesson plan, CNY1,000).乙方应妥善保管甲方之所有财物例如：书籍，教师手册，教学计划，电脑，笔记本电脑。若有可归咎于乙方之使用而造成损坏或遗失，应照价赔偿。14. Party B should keep confidential of th