National Academies Press: OpenBook

China Bound, Revised: A Guide to Academic Life and Work in the PRC (1994)

Chapter: Appendix J: Sample Contract for Teachers

« Previous: Appendix I: Application for Teaching Positions in China
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

APPENDIX J

Sample Contract for Teachers

A sample contract for Foreign Experts and Foreign Teachers 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," include:

Section II.A: "Only tickets from the Civil Aviation Administration of China (CAAC) shall be provided if its international flights are available

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 erratic.

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, 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-

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

tural and Educational Institutions," are sample copies. Subsequently, Party A and Party B can, before signing the contract, submit amendments and supplements to the sample copies according to their specific conditions. (Wages and benefits will be more generous for Foreign Experts.) 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, etc.). The two parties, in a spirit of friendly cooperation, agree to observe this contract.

  1. The period of service will be from_____to_____.

  2. The duties of Party B are as follows:

  3. Requirements for Party B to fulfill.

  1. Party B shall observe the laws, decrees, and relevant regulations enacted by the Chinese government and Party A's work system.

  2. Party B shall cooperate with Party A and make every effort to complete the tasks agreed on.

  3. 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

  4. Party A shall pay Party B a salary of_____yuan (renminbi) each month and provide him/her the benefits stipulated in the "Regulations Concerning the Living Conditions of Foreign Experts Working in Cultural and Educational Institutions."

  5. Neither of the two parties shall terminate the contract ahead of time or alter 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 [i.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 transportation 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

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

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 request for termination has been agreed upon.

  1. 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 and his/her family's air ticket(s) and the cost of the transportation 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 ticket(s) of Party B and his/her family and the transportation of their luggage.

  1. The contract takes effect when Party B reports for work and becomes 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 expiration of the contract. A new contract on an extension of the period of service shall be signed by both parties if they agree to it after consultation.

    All stay expenses incurred after the contract expires shall be borne by Party B.

  2. The contract is written in both Chinese and English, both texts being equally valid.

Signed on the__________day of__________,19_____

Party A

Party B

(Signature)

(Signature)

ANNEX: Regulations Concerning the Living Conditions of Foreign Experts in Cultural and Educational Institutions

  1. Salary

  1. Party A shall fix Party B's salary according to his/her professional abilities, the work assigned, his/her educational and professional

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

background. Party A shall inform Party B of the amount of salary before he/she consents to accept the position.

  1. 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.

  2. 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 (30%) 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.

  1. Traveling Expenses

  1. 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 (of 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 (CAAC) shall be provided if its international flights are available in Party B's country.

    Party B shall bear all expenses of his/her family on temporary visits to China.

  2. Party A shall pay for the cost of transportation of twenty-four (24) kilograms (kg) per person [no 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 expiration of the period of service. Expenses for packing and delivering the luggage between Party B's temporary residence at the time of his/her

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

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.

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 unaccompanied 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 stipulated limits can be reimbursed only on presentation of receipts.

  1. 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 visits, fitting false teeth, cleaning teeth, undergoing cosmetic surgery, buying spectacles, boarding in hospital, and nonmedical tonics.

  1. 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 _____yuan renminbi 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 _____yuan vacation allowance.

    The vacation allowance cannot be changed into foreign currency.

    Party B shall receive his/her salary as usual for the vacation period.

  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 international flights are available. In such cases, Party B shall no longer be

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×

given a vacation allowance that year, but his/her salary for the month 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_________yuan, Party B shall be given the difference.*

  1. 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 percent (70%) of his/her regular 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.

  1. Severance Pay

    Severance 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

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 205
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 206
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 207
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 208
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 209
Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994. China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National Academies Press. doi: 10.17226/2111.
×
Page 210
Next: Appendix K: American Express Emergency Check Cashing Locations »
China Bound, Revised: A Guide to Academic Life and Work in the PRC Get This Book
×
Buy Paperback | $55.00
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

Being prepared in China, says one researcher, can mean "the difference between a headache and a productive day." Acclaimed by readers, this friendly and practical volume--now updated with important new information--offers all the details academic visitors need to make long-term stays in China productive, comfortable, and fun.

Academic opportunities have been revived in the years since the Tiananmen Square event, and the book opens with an overview of what we have learned from our academic exchanges with China, the opportunities now available, and resources for more information.

To help visitors prepare for daily life, the book covers everything from how to obtain the correct travel documents to what kinds of snack foods are available in China, from securing accommodations to having the proper gift for your Chinese dinner host.

Frank discussions on the research and academic environments in China will help students, investigators, and teachers from their initial assignment to a danwei, or work unit, to leaving the country with research materials intact. The book offers practical guidelines on working with Chinese academic institutions and research assistants, arranging work-related travel, managing working relationships, resolving language issues, and--perhaps most important--understanding Chinese attitudes and customs toward study, research, and work life.

New material in this edition includes an expanded section on science and social science field work, with a discussion of computers: which ones work best in China, how to arrange to bring your computer in, where to find parts and supplies, how to obtain repairs, and more. Living costs, health issues, and addresses and fax numbers for important services are updated. Guidance is offered on currency, transportation, communications, bringing children into China, and other issues.

Based on the first-hand reports of hundreds of academic visitors to China and original research by the authors, this book will be useful to anyone planning to live and work in China: students, researchers, and teachers and their visiting family members, as well as business professionals.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    Switch between the Original Pages, where you can read the report as it appeared in print, and Text Pages for the web version, where you can highlight and search the text.

    « Back Next »
  6. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  7. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  8. ×

    View our suggested citation for this chapter.

    « Back Next »
  9. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!