外教合同修订.docx

1、外教合同修订ContractParty 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 according

2、 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.乙方依甲方之

3、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 takes lea

4、ve 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）以上的连续假日，支薪日则予以顺延

5、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，乙方需提供房屋租赁正规发

6、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 submits the r

7、eceipts 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来华工作许可证和Z签证。3.

8、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 must be provided

9、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 provided by Party A.外国人来华

10、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 Teaching Director.乙方月考核

11、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 10 minutes on one wor

12、king 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 on work attitude, attenda

13、nce 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 to take at a time mutuall

14、y 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 summer break. 支薪假期由甲方依照校历安

15、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。4. Besides winter and summer break

16、s, 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 absent day unless a doctors note

17、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 arrangement.甲方依据保险公司提供的方案为乙方提供医疗保险。Both part

18、ies 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 regulations and shall accept Party As arra

19、ngement, 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执行与甲方业务无关之工作。3. Party B shall complet

20、e 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 respect the Chinese peoples moral standa

21、rds 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 contract and should refrain from revising,

22、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。2. 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：(1) Party B does not fulfill the contra

23、ct 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 after a continued 30 days sick leave.依据

24、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 the influence of illegal substances or poses r

25、isk 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 failed to maintain and improve his/her working

26、 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 B fails to provide genuine documents as Par

27、ty 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 signing 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

28、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 contract.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

29、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/Her failure to do so for any reason will resul

30、t 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. During this 30 days advanced notice period, Party

31、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. In the event of dismissal, Party B will receive his/her wage up to but not including the working day of dismissal, excluding all applicable penalties. 乙方因故未能履行合同期满，应

32、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, seniority, 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 th