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APPENDIX I Sample Contract for Teachers (July 1985J A sample contract for Foreign Experts is reprinted below. An American teaching in China, who sent this contract to the National Association for Foreign Student Affairs, indicated that particular items to be noted in the Annex, "Regulations Concerning the Living Conditions of Foreign Experts Working in Cultural and Educational Institutions" (pp. 200- 203), include- Section II.A: "Only tickets from the Civil Aviation Administration of China (CAAC) shall be provided if its international flights are avail- able...." Section II.C: The items to be provided in the housing facilities are specified, but individuals should be aware that these sometimes do not function properly and that electricity and water supplies are very er- ratic. Section II.D: Americans teaching in China should not expect to teach and be able to do a great deal of traveling. The only long vacation is Spring Festival, which is about four weeks in late January, February, or early March, depending on the date of the Chinese New Year, which is determined by the lunar calendar. At that time, the trains are terribly crowded, and it is very cold. Since indoor heating is rare, travel can be quite uncomfortable at that time. In the summer, at the end of the academic year, it is quite hot. So individuals whose objective is to travel should consider teaching only in the fall semester and traveling in the months of March, April, and May. CONTRACT (FORM) PREFACE The form of the Contract and the Annex> "Regulations Concerning the Living Conditions of Foreign Experts Working in Cul- 198
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APPENDIX I 199 tural and Educational Institutions," are sample copies. Subsequently, Party A and [Party B can, before signing the contract, submit amend- ments and supplements to the sample copies according to their specific conditions. The contract will come into force only after both sides have, through consultation, established in written form and confirmed through signature the content and the living conditions therein. Party A wishes to engage the service of Party B as (teacher, compiler, translator, etch The two parties, in a spirit of friendly cooperation, agree to observe this contract. I. The period of service will be from to II. The duties of Party B are as follows: III. Requirements for Party B to fulfill. A. Party B shall observe the laws, decrees, and relevant regulations enacted by the Chinese government and Party A's work system. B. Party B shall cooperate with Party A and make every effort to complete the tasks agreed on. C. Party B shall accept Party A's arrangement and direction in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A. D. Party A shall pay Party B a salary of ynan (renminbi) each month and provide him/her the benefits stipulated in the "Regulations Concerning the Living Conditions of Foreign Experts Working in Cul- tural and Educational Institutions." E. Neither of the two parties shall terminate the contract ahead of time or altar it without mutual consent. If Party A wants to terminate the contract before it expires, Party B must be given thirty (30) days' notice and reasons for breaking the contract. During Party B's term of service, his/her salary shall be paid as agreed on for the term of the contract. Party A shall also pay for the return air tickets of Party B and his/her family Li.e., Party B's spouse and child~ren) under twelve (12) who have been permitted to come and remain with Party B in China for the whole duration of the contract; they will hereafter be referred to as Party B's family] and for the trans- portation of their luggage. If Party B wants to terminate the contract before it expires, he/ she should hand in a written request with his/her reasons for breaking the contract thirty (30) days in advance. Party A shall stop paying Party B's salary and providing any benefits for Party B starting from the day
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200 CHINA BOUND when Party A consents to the request. Party B shall bear all the expenses involved in traveling back home together with that of his/her family. Party A is entitled to claim compensation for any loss brought about by Party B's termination of the contract. Both parties shall continue to execute this contract until the re- quest for termination has been agreed upon. F. Party A has the right to cancel the contract in any of the following cases: 1. If Party B violates either Regulation II or Regulation III of the contract and fails to correct the error after Party A's mentioning it to him/her, Party A has the right to terminate the contract and arrange for him/her to return home within thirty (30) days. Party B shall pay for his/her and his/her family's air ticketer) and the cost of the trans- poration of their luggage. 2. If Party B cannot resume work after a doctor's certified sick leave of two months (60 days), Party A may arrange, in consideration of Party B's health, for Party B and his/her family to return home within a month (30 days). Party A shall pay for the air tickets of Party B and his/her family and the transportation of their luggage. G. The contract takes effect when Party B reports for work and be- comes void automatically upon the expiration of the contract. Either party that makes a proposal for the extension of the contract should put forward his/her request three months (90 days) prior to the expi- ration of the contract. A new contract on art extension of the period of service shall be signed by both parties if they agree to it after consul- tation. All stay expenses incurred after the contract expires shall be borne by Party B. H. The contract is written in both Chinese and English, both texts being equally valid. Signed on the day Party A (Signature) Party B (Signature) 19- ANNEX: Regulations Concerning the Living Conditions of Foreign Experts in Cultural and Educational Institutions I. Salary A. Party A shall fix Party B's salary according to his/her professional abilities, the work assigned, his/her educational and professional back-
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APPENDIX I 201 ground. Party A shall inform Party B of the amount of salary before he/ she consents to accept the position. B. Party B's salary shall be paid regularly by the month. It shall begin from the day of Party B's commencement of his/her work in China until the expiration of the contract. If the work to be done will take less than a month, the payment shall be made by the day, each being one-thirtieth of the monthly salary. C. Party B's salary shall be paid in renminbi, which can be changed into foreign currency under the following conditions: If Party B comes to China alone, he/she may change fifty percent (50%) of his/her monthly salary into foreign currency. If Party B comes with his/her family [spouse and child~ren) under twelve (12) who come and remain in China with Party B at Party A's consent; hereafter referred to as Party B's family], he/she may change thirty percent (redo) of his/her monthly salary. If Party B's spouse is invited as a foreign expert at the same time and they have no children living in China, each may have fifty percent (50%) of his/her salary changed into foreign currency. Party B may change his/her foreign currency allowance either every month or all at once at the expiration of the contract. II. Traveling Expenses A. If Party B's period of service is over one year, he/she may bring with him/her, at Party A's consent in advance, his/her spouse and child~ren) under twelve (12) to come and remain in China. Party A shall provide Party B and his/her family with economy-class air return tickets from the airport nearest to the city where Party B is when he/she accepts the invitation from Party A (or Party B's permanent residence) when coming to the place of work in China and when returning home upon the expiration of the term of Party B's service. Only tickets from the Civil Aviation Administration of China (CMC) shall be provided if its international flights are available in Party B's country. Party B shall bear all the expenses of his/her family on temporary visits to China. B. Party A shall pay for the cost of transportation of twenty-four (24) kilograms (kg) per person Eno more than a total of seventy-two (72) kg for a family of more than three] of luggage by nonaccompanied air freight incurred by Party B and his/her family for the same distance as mentioned above, both when coming and on their return after the ex- piration of the period of service. Expenses for packing and delivering the luggage between Party B's temporary residence at the time of his/ her application for the post (or his/her permanent residence) and the airport when coming to China or on his/her return home shall be borne by Party B.
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202 CHINA BOUND At the request of Party B. for sending his/her luggage by sea instead of by air, Party A shall pay for the cost of one cubic meter of unaccom- panied luggage per person (but no more than two cubic meters for a family of over two people) by sea, including the expenses charged for delivering the luggage to and from Party B's place of work and the seaport in China. Expenses incurred for packing and delivering luggage outside of China between the temporary residence at the time of Party B's application for the post (or his/her permanent residence) and the seaport on coming to China and on returning home shall be borne by Party B. The cost of transportation of incoming luggage within the stip- ulated limits can be reimbursed only on presentation of receipts. C. During Party B's period of work in China, Party A shall bear the following expenses on behalf of Party B. 1. Housing (with furniture, bedding, a bathroom, a television set, a refrigerator, and the facilities for heating and air conditioning). 2. Transportation to and from work. 3. Medical care to be subsidized in accordance with China's medical system except for expenses incurred in registration, doctors' home vis- its, fitting false teeth, cleaning teeth, undergoing cosmetic surgery, buy- ing spectacles, boarding in hospital, and nonmedical tonics. D. Vacations 1. In addition to China's national holidays, such as New Year's Day, the Spring Festival (three days), May 1, and National Day (two days), Party B is entitled to 30 days' vacation in China every year. The vacation time of those working in colleges and universities shall correspond to the summer and winter vacations. Those working in institutions of information and publication shall not be entitled to a vacation until after they have worked for half a year. After Party B has worked for a year, he/she shall be given an additional eight hundred (800) ynan ren- minbi vacation allowance. If the term of service is over half a year but less than a year, Party B shall enjoy a vacation of two weeks and be given an additional four hundred (400) ynan vacation allowance. The vacation allowance cannot be changed into foreign currency. Party B shall receive his/her salary as usual for the vacation pe- riod. 2. If Party B comes to China alone and is on a contract for two years, he/she may spend the vacation visiting his/her home country once at the end of one year's work. Party A shall pay for an economy-class return air ticket. Only tickets of CAAC shall be provided if its inter- national flights are available. In such cases, Party B shall no longer be given a vacation allowance that year, but his/her salary for the month
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APPENDIX I 203 when he/she is on vacation at home can all be changed into foreign currency. If Party B gives up such opportunity to go for a vacation in his/ her home country, he/she shall be given a sum in renminbi* equivalent to a one-way economy-class air ticket instead of the vacation allowance for that year. If the price of the ticket is less than eight hundred (800) year, Party B shall be given the difference.* E. Sick Leave or Absence from Work 1. If he/she is ill, Party B shall ask for sick leave and produce a doctor's certificate. His/her salary shall be paid as usual if the sick leave is up to sixty (60) days in succession. If Party A does not exercise the right stipulated in Item F. 2. in the Annex (i.e., if Party A does not propose termination of the contract), Party B shall receive seventy per- cent (70%) of his/her salary from the sixty-first day until the day he/ she resumes regular work or to the expiration of the contract. 2. If Party B asks for leave of absence and obtains Party A's consent, a deduction in salary shall be made according to the number of days Party B is absent. F. Severance Pay Severence pay shall be granted to Party B when Party B leaves China at the end of his/her service, namely an additional half a month's salary for each full year's service. No severance pay shall be granted if Party B has worked less than one year. Severance pay may be changed into foreign currency. *Nonconvertible.
Representative terms from entire chapter: