Friday, June 30, 2017

CFTU urges China Foreign English Teachers especially TEFL Newbies to uses this job contract template to avoid employment problems, abuse, & exploitation

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5 STAR PROTECTION FOR CHINA FOREIGN TEACHERS

Welcome to China! Let your adventure begin and get off on the right foot with your new employer. In order to protect yourself from being cheated or abused as an employee in China, we urge you not to sign the contract you are given unless you are working for a public school or university. Their contracts will be fair and legitimate. Most other contracts will be one-side, unfairly in favor of the employer, and deliberately ambiguous, vague, and unclear. To avoid future "misunderstandings" insist that the below contract be used.  It is fair for both the employer and the employee as you can see...

Employment Agreement

I.  Party A” __________________________________________, the direct employer and
 identified by SAIC Business license no:_____________________ and duly-registered with
 SAFEA in the city of ________________, China wishes to engage the service of
  _______________________________________ with _______________Passport No.
 ____________________________________as a full-time TEFL teacher, hereinafter referred to
 as “Party B”.  The two parties, in a spirit of friendly cooperation, agree to sign this
 contract and pledge to fulfill conscientiously all the obligations stipulated in it
 without deviation. This agreement is made voluntarily in good faith by both parties
 which understand this contract is legally binding upon all parties hereto.
  
II. The period of service will be from the 1st day of _________ 20____ to the last day of August, 201____. 

III. The duties of Party B
     1. Teaching Chinese students in the English department ( a maximum of______ lessons per week, 50 minutes per lesson).
     2. Training Chinese teachers a maximum of _________ lesson hours per week.
     3. Helping Chinese teachers and students to improve their language level during paid classroom training, five days per week on ____________________________________________________.

IV. Compensation & Bonus
Party B's monthly salary will be ¥ _____________ Yuan (RMB), after taxes on the _______ of every month, for the work completed the previous month. Party A shall pay Party B a roundtrip

Page 1 of 6 Pages
 


airfare before the last day of this contract no less than $_______________. If payment is late more  than 24 hours, Party A shall Pay Party B $100USD fine for every day the wages are delayed. Party B will be paid for all national holidays and 2 months vacation time of July and August and one sick day per month, not to exceed 12 days per year. The Bonus is explained fully on attached Exhibit B.

V. Party A's Obligations 
     1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A's work system and regulations concerning administration of foreign experts.
     2. Party A shall conduct direction, supervision, and evaluation of Party B's work.
     3. Party A shall provide Party B necessary working and furnished housing or a 2,000 yuan housing subsidy allowance on each and every pay day.
     4. Party A shall provide a bi-lingual teacher's assistant 20 clock hours per week.
     5. Party A shall pay Party B's salary regularly by the month. 
6. Party A shall assign Party B to only one work location and provide a written work schedule two weeks in advance of any and all changes.
7. Party A agrees that Party B will have two consecutive days off per week which shall be every ____________________ and _____________________
8. Party A will not compel Party B to work any unpaid overtime nor participate in non-teaching (marketing) activities.

Page 2 of 6 Pages
9. Party A will not use the image(s) of Party B in any way without his/her express written consent.
10. Party A will provide Party B a release letter within 72 hours of employment termination free of charge no matter what the reason for termination. Failure to provide same will incur a 100,000 rmb fine for Party A by default.


VI. Party B's Obligations 
     1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
     2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work that complies with China law and which does not compromise nor forfeit any employee rights of employee B.
     3. Party B shall complete the tasks agreed on his/her written job description which attached as EXHIBT A and guarantee the quality of work.
     4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
     5. Party B shall respect the Chinese people's moral standards and customs. 
6. Party B will be punctual for all work assignments and have all lesson plans prepared at least 4 hours in advance of the actual classes.
7. Party B will remain clean, well-shaven, and professionally dressed for work in casual attire but all shirts must have sleeves and shorts are only allowed when temperatures exceed 20 degrees Celsius.  No sandals are allowed.
8. Party B must be polite and respectful to all students, their parents, and school staff.

Page 3 of 6 Pages
 

9. Party B will not smoke, consume alcohol nor use profanity on the school premises nor in the presence of our students.

VII. Revision, Cancellation and Termination of the Contract 
     1. Both parties will mutually abide by this contract and should refrain from revising, canceling, or terminating the contract without mutual written consent.
     2. The contract cannot be revised, canceled, or terminated with mutual written consent. Before both parties have reached an agreement, the contact should be carefully reviewed.
     3. Party A and Party B have the right to cancel the contract with a written notice to Party B under the following conditions:
          (1) If either party does not fulfill the contact or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after the non-compliance is pointed out to the other party via a written email.
          (2) According to the doctor's diagnosis, Party B cannot resume normal work due to a medical problem confirmed by a doctor in writing. 
 
VIII. Breach Penalty 
     When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of one month salary in US $ (or the equivalent in RMB) within 15 working days of the offense.
     If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return

Page 4 of 6 Pages
 
expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty fine of one month’s pay  to Party A.
     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 cancel the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty of one month’s pay to Party B.
IX. The exhibits of this contract is an inseparable part of the contract and has equal effect.
X. 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 another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.
XI. Arbitration 
The two parties shall consult with each other and mediate any disputes, which may arise about the contract. If all attempts fail within three working days, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Bureau of Foreign Experts and ask for a final arbitration.  Party B does not forfeit any of his legal rights to remedy in the Chinese courts nor his/her employee rights according to Chinese Labor Laws.

This binding agreement and attachment is signed and chopped in the city of ___________________________________ China, in duplicate, this ______ day of _________, 20_______, in the Chinese and English languages, both texts being equally authentic, verbatim, and legally valid. Both parties shall retain original, signed, and chopped hard copies of this agreement for future reference since this is the only agreement between these two parties.

Page 5 of 6 Pages

Party A
Signature _________________________________________, Principal/Headmaster for:
____________________________________________________________
Complete Chinese Name: ________________________________
School Street Address: ________________________________________________________________________
City: ____________________Province:_________________________Postal Code: ________________ Tel:___________________________
Email Address: ____________________@_______________._____

Party B
Signature _____________________________________ Full-Time Teacher
Passport No: _____________________Citizenship:_____________________
Tel: (_______) ___________________________________________
Email Address: _____________________@___________._____

END  OF  CONTRACT. 


Page 6 of 6 Pages
Note: This agreement is only valid if both parties sign and date all six pages and the attached Exhibt(s) _____, ______,______,______,______,and the company seal (chop) is on all ________ pages of this agreement and a copy of the Principal’s ID is attached as Exhibit ________.


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