Writing a Contract.docx

1、Writing a ContractWriting a ContractWhat does a contract include? Parties (employer and employee, or two companies) Time/Dates effective Materials or service provided Compensation for material/service Working hours and conditions Employee responsibilities and duties Company responsibilities and duti

2、es Conditions for terminating the contractSample 1: An English Teachers Contract from a School in JiangsuCONTRACTThis Teaching Center (hereinafter referred to as “Party A”) employs_ (hereinafter referred to as “Party B”) as a contractual employee. According to “The law of Labor of the P.R China” (he

3、re in after referred to at “Law of Labor”) and “Regulations of Labor Contract of China” (here in after referred to as “Regulations”) as well as other relevant laws and regulations, after discussion between Party A and Party B, both parties agreed to sign this contract voluntarily and equally. Both p

4、arties agreed to observe the terms set out in this contract.Party A: This Teaching CenterParty B:Contract duration From: of 2011 To: of 2012 1. Party As Responsibilities1). Party A should offer Party B necessary working equipment.2). Party A shall introduce to Party B the laws, decrees and relevant

5、regulations enacted by the Chinese government and regulations concerning the administration of foreign teachers.3). Party A shall conduct direction, supervision and evaluation of Party Bs work.4). Party A shall pay Party B the monthly salary on the 5th of every month, and if any unexpected accidents

6、 happen (i.e. the problems with the bank), Party A shall inform Party B in advance.2. Party Bs Responsibilities1). Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in Chinas internal affairs.2). During the term of the contract

7、, Part B shall not be employed by any third party without written consent of Party A. In the case that the foregoing is violated, Party A shall terminate this contract. Party B shall be billed for the economic loss incurred by Party A, as penalty.3). Teaching hours are no more than 85 hours per mont

8、h. Party B will have no more than 30 office hours per month. Party B will have two days off per week. Party B shall be available during days off for some emergencies, and when some teachers are ill, Party B shall offer the help when it is possible.4). Party B should attend meetings，trainings and any

9、 other activities as Party A requires. 3. Salary and Overtime 1). XX RMB/month for 85 working hours and _30_ office hours per month. Working not more than 115 hours every month. Any service requested beyond the 85 hours/month will be paid at XX RMB/hour.2).The first month is the probation. The salar

10、y is 80% of RMB. 3). Party A will help Party B to do the Visa, and the cost will be paid by Party B firstly. After the one-year contract, Party A will return the money that Party B used to do the visa during the past year. 4. Living Arrangements Party A provides Party B with necessary working and li

11、ving conditions. Party B will be responsible for utilities bills and other expenses (i.e. you damage some something in the apartment).5. Medical Insurance; Sick Leave; Personal leave1). After Party B signs the contract (from State Administration of Foreign Experts Affairs, P.R.China) with Party A, P

12、arty A shall pay for medical insurance for the duration of the contract.2). For sick leave, a medical certificate or a note from a hospital or doctor should be presented to Party A within 24 hours. In this case, salary will be paid at 60% of the normal rate for the duration of the sick leave, up to

13、a maximum of 10 days per year.3). If Party B asks for the personal leave because of his own reasons, Party B should apply for it one week in advance, in that case Party Bs salary will be deducted the daily salary per day for every personal leave (one day).6. Vacation 1) Party B receives 11 public ho

14、lidays plus ten personal holidays. 7. Airfare allowance1) Party A will re-reimburse Party Bs flight expense to China up to a maximum 8,000RMB.2). If Party B breaks the contract before it is finished, the allowance will not be given to Party B.8. Breaking the contractParty B is considered as breaking

15、 the contract and Party A is entitled to enforce monetary penalties under the following conditions:1). Party B breaks either Article in this contract or does not make any improvement after the warning given by Party A.2). Party B cannot restore to his normal work after a continuous leave of absence.

16、3). If Party B is convicted of any criminal offence.4). If Party B is not qualified for the teaching position according to the evaluation by the students; or Party B doesnt accept the training by Party A or Party B couldnt make any improvement after the training.5).If Party B wants to stop working w

17、ith Party A, Party B needs to inform Party A one month in advance.9. Confidentiality 1). Party B shall not disclose information of salary or allowances to others without consent of Company.2). During the term or after leaving Company, employees shall keep Companys commercial materials and other busi

18、ness information confidential.3). Upon termination of employment, employees shall promptly return all assets or relevant business materials, including materials, notes, pictures, records, figures, plans or other documents related to Company enterprises and customers.This contract will take effect on

19、 the date signed by both Party A and Party B 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 30 days prior to the expiration of the contract, and sign the new contract with mutual consent. Furt

20、her, if Party B breaks the contract, Party A has right to terminate the contract. If Party B breaks the contract due to a serious criminal offense, or leaves the school for another teaching position without providing one months notice, Party A has the right to fine Party B 5000 RMB.By signing below,

21、 Party A and Party B agree to all of the terms outlined in this contract. Party A: Party B:Date: Date:Sample 2: A tour GuidePart A will employ _, herein referred to as Party B as a Tour Guide from April 14, 2013 to 2014 with possible annual renewal of the contract after review. Party As Responsibili

22、ties:1. Party A will provide Party B with all equipment necessary for leading tours.2. Party A will cover Party Bs basic expenses during tours.3. Party A will provide Party B with the necessary training and information about tours4. Party B will notify Party B of tour schedules at least one week in

23、advance. 5. Party A will pay for any injuries incurred by Party B while Party B is leading a tour provided Party B did not engage in reckless behavior.Party Bs Responsibilities1. Party B will uphold company policy and the laws in China2. Party B will lead tours for no less than 15 and no more than 2

24、0 days each month3. Party B will be punctual and clean in appearance.4. Party B will pay for any loss incurred by members of the tour groups5. Party B will not use the property of Party A for personal use. Working time1. Party B will work twenty-two days a month with eight days rest. No more than tw

25、enty days will be spent leading tours.2. Party B is allowed five days of sick leave and five days of personal vacation in addition to the 11 national holidays each year.3. Party B may take up to five consecutive days of medical leave per year. After five days, party B will not receive pay.4. Party B

26、 must respond to calls any time of the day when party B is leading a tour. Salary and Benefits1. Party B will receive a base salary of 3000 RMB per month.2. If Party B leads group tours for more than 15 days in a month, Party A will give Party B an extra 100 RMB for each day.3. Party A will give Par

27、ty B quarterly bonuses based on performance and tourists comments. 4. Party A will provide Party B with medical and accident insurance. Termination of ContractThe contract may be terminated under the following conditions:1. Party B does not give leave and does not come to work2. Party B fails to com

28、pensate for losses to travelers in a tour group3. Party A fails to provide Party B with the necessary equipment, fails to pay Party B salary, or fails to inform Party B of tour schedules more than two days in advance. Together!Situation: You work for an English training school that is hiring a forei

29、gn teacher to teach and do activities and games for a two-week English summer camp for 8-10 year olds. Part A will employ _, herein referred to as Party B as a _ from _ to _with possible annual renewal of the contract after review. Party As Responsibilities:Party Bs Responsibilities Working time and

30、 HolidaysSalary and BenefitsTermination of ContractThe contract may be terminated under the following conditions:Situations:1. A contract for a high school English teacher2. A contract for a foreign translator3. A contract for a foreign engineer4. Your choice!Part A will employ _, herein referred to as Party B as a _ from _ to _with possible annual renewal of the contract after review. Party As Responsibilities:Party Bs Responsibilities Working time and HolidaysSalary and BenefitsTermination of ContractThe contract may be terminated under the following conditions: