外教合同模板

TEACHER CONTRACTThe parties to this contract are Happy Goal Kid's English - Changzhou Ivy Training Center - herein called the Employer, and -（Passport Number ）herein called “the Employee”; and it is made with referen ce to the following:The Employer is duly licensed to teach English language and has all the required governmental clearance to do so.This contract is subject to changes as to comply with local labor laws; when the local labor laws are not addressing specific terms of this contract, this contract will prevail.The Employee is a qualified and experienced Employee and has applied to the school for employment as Employee.The Employee and the Employer have agreed on the following terms of contract:TitleT he Title of the Employee is “ESL Teacher”.TermThe term of this contract commences and continues until ___. however, to prior termination of the Employee’s employment in accordance with the section titled “termination”. The Employee will be subject to a two-month probation period during which his contract may be terminated in accordance with the section titled “termination”.DutiesThe duties to be performed by the Employee include:1. Teaching ESL--- English as a Second Language2 Lesson planning and preparation as well as curriculum development3. Supervising test and exams and giving level tests4. Assisting with administration including intake and placement of students and recording attendance5. Counseling students6. Parti cipating in the school’s social program including Extra Curricular Activities (ECAs)7. Participating in Employee training programs and workshops organized by the school8. Participating at promotional and marketing activities organized by the school9. Attending all scheduled meeting where his/her presence is required unless those meetings occur during the Employee’s holiday or the Employee’s day off10. Other tasks assigned by the Education Department and our school in his/her working hours.Employee’s ObligationThe Employee warrants as follow:1. The statement in the Employee’s curriculum vitae, resume and references together with any otherinformation submitted to the Employer in support of the Employee’s application for employment are true and not misleading in any way1.The Employee is of sound mind and in good physical health2.The Employee will devote his full working time and attention to the duties of his employment3.The Employee will perform the duties of his employment in a professional and diligent manner4.The Employee will obey the written and/or verbal orders and directions of the school’s management5.The Employee will at all times comply with the terms and conditions of this agreement and the rulesand regulations of the Employer in effect from t ime to time including the provisions in the Employee’s Handbook where applicable6.The Employee must, at all times, comply with the laws of the PRC7.The Employee must not harm the image of the Employer or fellow workers by his/her conduct8.The Employer has the right to appoint the Employee to work in his franchisee schools.Remuneration1. A basic monthly salary of RMB8,000 for the 2 months probation period which is due and payable on the 5th of each month, not in advance. (The attendance record will be tracked from the 1st to the last day of the previous month). After 2 months probation, if both sides agree on the extension to a normal work, there will be a 1000rmb raise in the monthly salary from the 3rd month on for the employee if the performance is satisfactory. Up to 1,200rmb quarterly performance bonus according to the performance after the probation.2. The Employer will help to find accommodation for the Employee as needed. The Employee should pay for all the cost including rental, deposit, all the utilities and property management fee etc. The Employee should keep good maintenance of the apartment and should pay for any damage caused by mishandling. However, the school will provide 1500rmb/month to the employee as housing allowance.3. There will be a payment toward airfare costs of RMB 2500 after the Employee must has worked for the school for six months and, a second payment of RMB 2500 after twelve months. The payment will be provided upon receipt of the air ticket from the Employee.Working HoursWorking hours per week are 40 hours, including 22 teaching hours between 12:00-20:00 or 9:00-18:00. The base salary referred to in section titled remuneration corresponds to pay based on 22 teaching hours per week.Should the Employee not complete the total of 22 teaching hours per week but has not refused teaching, was able and willing to work; taken that it is the Employer’s responsibility to provide the Employee with the sufficient amount of hours, no deduction shall be taken from the Employee’s salary.The Employee will be given a weekly schedule, however the Employer reserves the right to change schedule as required. The employee will have 2 days off every week.OvertimeOvertime will be calculated on a “per month” basis not on a weekly basis. There i s no overtime payment but the Employee can take the overtime hours off in lieu after approved by hi/her supervisor/ manager. TaxesThe basic salary as referred to in section titled “remuneration” is before tax, the Employee is therefore responsible for the payment of local taxes in China and in his/her country if applicable. However, according to the laws in PRC, the employer deducts the income tax from the salary for the employee every month. Other parts of the Employee’s remuneration may be subject to t axes.HolidaysThe Employee will be given all statutory holidays as paid holiday. Those holidays are National Day, New Year’s Day, Spring Festival, Labor Day, Tomb-sweeping Day, Dragon Boat Festival and Mid-autumn Festival.In addition the Employee will be granted a 1-day paid holiday for Christmas.The above statutory holidays shouldn’t be counted as part of the employment term for any employee whose service days are less than 1 month.After completion of 7 months on a year contract, the Employee will be entitled to take paid vacation time for a total of 5 days. If any extra holidays need to be taken, the employee needs to submits an application 30 days in advance and send it to HR Department for reference. He/She can take the holiday after his supervisor/manager and the school’s director approve this. The employer reserves the right to approve and specify the dates on which Employees will be on holiday. The annual leave must be used up by the end of the contract; it can't be compensated in forms of cash.Sick leaveThe Employee is allowed 3 sick days without deduction of salary during the period of employment referred to in the section titled “Term”. Extra sick days are not paid and the Employer reserves the right to deduct anamount from the Employee’s s alary for each additional day that the Employee is absent from work. This amount should be prorated to the total number of teaching hours the Employee has not worked.In the case of the employee being unable to work due to illness, they must get the approval of their direct manager, advice HR and complete a form stating the need for leave (If they can not come to the office due to illness, they should ask a colleague to proceed on their behalf). If an employee is found to have left for sick leave without applying and registering with HR in advance this shall be reckoned and treated as absence without leave.When the employee comes back to work after illness, they must send the sick leave form to HR for reference, together with the doctor’s certificate. Othe rwise, this shall be reckoned and treated as unpaid leave. Should the Employee be diagnosed as not capable of resuming work after a 30 days consecutive sick leave, the Employer reserves the right to terminate the contract has stated in the section titled termination, unless the illness is proven to be in direct relation with the work performed by the Employee Bereavement LeaveThree days bereavement leave will be paid for the death of member(s) of immediate family, including Mother, Father, Brother(s), Sister(s), Child, Grandparents. Application for leave should be submitted with a copy of the death certificate.TerminationThe Employer reserves the right to terminate the Employee’s employment without any severance benefits in the following circumstances:1.The Employee brings the school into disrepute by his/her conduct2.The Employee breaches the confidentiality clause as referred to in section “confidentiality”3.If the Employee is guilty of dereliction of duty, incompetence, insubordination, dishonesty or otherbreaches of the Employee’s obligations under this agreement or the rules and regulation of the college.4.The Employee has been diagnosed not capable of resuming work after 30 days consecutive sick leave The Employee reserves the right to terminate his/her employment with a one-month notice in writing in the following circumstances:After receiving the Employee’s notice, the Employer has the right to terminate the employment within one month.1.The Employer has failed to comply with the terms of this agreementIf either Parties wishes to terminate the contract before the agreed date, it must give a one-month notice in written to the other party, otherwise it will compensate the other party to the amount of one month’s basic salary as referred to in section titl ed “remuneration.”If the Employee is appointed to work in one of the Employer’s franchisee schools, this contract will be terminated as the Employee will sign another contract with the franchisee school when he/she begins to work with them.In the unlikely event of a disaster such as earthquake, fire, flood, civil unrest, etc. that would make the Employer unable to continue operating business, the contract will be considered nil and the Employee will be under no obligation to stay.During the probation period, both parties may cancel this agreement without any severance benefits in accordance to the following:1.The Employer is required to 7 working days in advance by notice in writing to the Employee2.The Employee is required to 7 working days in advance by notice in writing to the Employer ConfidentialityThe Employee will keep all information about the Employer’s teaching methods and administration confidentialThe Employee will not disclose details of his/her contractThe Employee will not use the Employe r’s teaching method and materials in the instruction of any privatestudent and/or with another EmployerThe obligation of the Employee concerning the section titled “confidentiality” will survive the termination of this agreement.Other EmploymentThe Emp loyee acknowledges that the Employer’s business is highly competitive and the protect the Employer against unfair competition including unauthorized use or disclosure of its methodology and other sensitive information, the Employee warrants that as long as he/she is employed by the Employer, he/she will not carry on or be employed or concerned in any business, whether directly or indirectly, if that business is similar to or in competition with any part of the Employer’s business.After termination of this agreement, the Employee will not operate a business in direct competition with the Employer within a year of the contract termination. Additionally, due to the competitive market and in regards of unfair competition practices, the Employee agrees to not accept employment with the Employer’s direct competitor(s) who shares the similar model to our teaching style in the same city withina year of the termination date.GeneralThis contract will be interpreted in accordance with and is subject to the laws of PRC. The parties submit irrevocably to the jurisdiction of the courts of the PRC in respect of any dispute relating to or concerning this contract.The terms and conditions of this contract prevail over any conflicting or inconsistent provisions of the Employer’s rules and regulation in effect at any time. This contract is effective immediately and supersedes any prior agreements, understandings or representations relating to or concerning the Employee’s employment by the Employer.Should the Employee desire to renew this contract, he/she should formally make the request no later than a month prior the termination date of this contractEach party will receive a signed copy of this contract. Both versions are identical and equal in the eyes of the law. The Employee acknowledges receipt of a copy of this contract.The Employee The Employer:Web International English(Happy Goal Kid’s English)--CHANGZHOUIvy Training CenterEmployer’s Signature:Employee’s Signature:Date: Date:。