Professional Foreign Language,
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Professional Foreign Language,
Computer Science & Business Training Institute.
Skype the following for Online Tutor / English Classes. (Leave a message if busy and we will get back to you. ezderek - ezannie1 - ezeileen1 Skype me here |
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GI Certificate
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GENERAL TERMS AND CONDITIONS OF SERVICE FOR THE DIRECTOR OF STUDIES
AT:............................................................................................................
Director of Studies Contract. (Non-negotiable)
1.General
1.1
Party A __________ wishes to engage the service of Party B __________ as
a Director of Studies. The two parties agree to sign this contract
and pledge to fulfil conscientiously all the obligations stipulated in it.
1.2
Party B will server the school faithfully and will comply with the rules
and regulations of Party A or any other authorised person acting on their behalf
or in their place.
1.3
The teaching curriculum at any time in use at the school shall remain the
exclusive property of the School and shall not be used for any purpose not
immediately connected with the School without the written permission of the
Principal/Director of Studies of Party B.
1.4
Directors of Studies shall not undertake any other employment unless
written permission has been granted to do so by the Principal/Party A of Party
B. If such permission is granted it may be granted subject to conditions and may
be reviewed from time and, if considered necessary by the Principal of Party B.
2.Salary
and Length of Contract
2.1
The total salary package paid to Party B shall be determined by reference
to the school salary package scale. This salary package scale shall be reviewed
annually and Party Bs salary package may be amended accordingly and any such
amendment shall be deemed not to be a variation in these conditions of service.
2.2
A salary of ________ Yuan RMB together with a performance bonus of
_______ Yuan RMB shall be paid monthly in arrears every month for the term of
the contract. Teaching hours will not exceed 15 hours per week and not be less
than 10hrs each week. If hours exceed these 15 hours then an overtime rate of
150RMB will be paid for each hour overtime. Where Party B commences or finishes
the period of employment during a calendar month then the salary paid shall be
pro-rated appropriately. Party A will be responsible for the appropriate tax
procedures as in accordance with Chinese law deducting any such sum from Party B
salary as required by Law.
2.3
On successful completion of the contract a bonus equivalent to 1 months
salary shall be awarded to party B
2.4
On expiration of the
contract Party A will provide Party B with a return ticket to point of hire.
2.5
The period of service will
be from the _______day of _______2003 the _______ Day of__________,
2004.
2.6
The contract may thereafter be renewed by agreement between Party B and
Party A. Any such renewal shall be for a period of one year, unless the school
in its absolute discretion determines that it shall offer renewal for a period
of six months only. If Party A is disposed to offer Party B a renewal of Party
Bs contract it will do so in writing 30 days prior to the completion of the
contract. Party B shall notify the school of his/her intention to accept or
decline such an offer by no later than 30 days before the expiration date.
2.7
Party A may vary these conditions of service from time to time.
2.8
Rental Allowance (If Party B wants to reside outside the campus)
a.
Subject to Clause 2.6.b below all teachers shall be entitled to a rental
allowance of no more than 2000 Yuan each month. Such rental allowance must be
spent only on the provision of a place of residence for the teacher excluding
any subsidiary costs like electricity, water, gas and telephone and will be paid
direct to the Landlord.
b.
To qualify for the said rental allowance, Party B must provide to the
school such written proof as Party A shall require regarding the terms and
conditions of any lease or rental agreement to which Party B is a party and the
rent payable there under, and shall provide to the school on a regular basis all
receipts for rent paid by Party B.
c.
Party A may from time to time vary the amount of rental allowance payable
to Party B in which case it shall notify Party B in writing.
d.
For the purposes of this Clause 2.6, rent excludes associated
management fees and governmental rates. Party B shall bear all expenses incurred
when staying on after the contract expires.
2.9
Any outstanding pay shall be paid to the employee no later than 1 week on
completion of works and on clarification that all outstanding bills have been
paid.
3.Scope
of Service
3.1
Party B shall perform all duties and obligations reasonable required of
him by Party A or any other authorised person acting on Party As behalf or in
Party As place as defined in the job specification and company handbook.
3.2
Party B shall be bound to comply with Clause 3.1 during the school hours
as set by the Director of Studies which may change from time to time dependant
on the allocation of classes. Split shifts will be avoided where possible.
Shifts will be arranged to cater for early morning classes and evening classes
by the class schedule system. Teachers will share in both early and late shift
timings to make it fair for all.
3.3
Party B must abide by all
procedures as set by Party A. This will involve all compliances set by the
Director of Studies.
3.4
Party B shall arrange timings of all teaching timetables assuring cost
effectiveness of the teaching department, and arrange/organise the recording of
students attendance sheets, test results, (keeping all the teaching and test
materials on file), attending weekly meetings with the Board, attend PTA
meetings, and morning Assembly. The Director of Studies will abide by the job
specification and be flexible to any other needs or requirements of the company.
4.
Staff Accommodation
4.1
A staff flat will be provided for Party Bs accommodation and Party B
will reside in such a staff flat while in the service of Party A. Party A shall
provide no cash alternative to the accommodation.
4.2
The flat is provided as a residence only by reason of Party Bs
employment.
4.3
Accordingly Party B will vacate the flat at the end of the contract, or
earlier termination of works. Damages, Outstanding bills will be cleared before
final wage payment.
4.4
The flat/accommodation should include amenities such as bathroom, a
double sized bed, refrigerator, TV, cooking facilities and a sitting room with
appropriate furnishings.
4.5
If Party B wants to reside outside the campus, rental allowance is
subject to Clause 2.8ad.
5.Holidays
5.1
Party B shall be entitled to all public official paid holidays. Ie, those
holiday periods where students do not attend classes and are officially on
holiday. (See Paragraph 8.Leave)
6.Travelling
Expenses
6.1
The school will on receipt of the relevant receipted travel bills
reimburse to the Director of Studies the cost of an economy class air travel to
place of works on completion of the first 3 months satisfactory work. (Receipted
airline ticket and travel agents invoice will be required to substantiate
such a payment).
7.Medical
Insurance
7.1
The school shall provide appropriate insurance. Other medical expenses
are arranged accordingly to the terms and conditions of an insurance contract
made between the teacher and an insurance company in China.
8.Leave
8.1
Party A must approve party B for any leave to assure he/she can cover
works. Normal public and official holidays will be with pay. Under normal
circumstances no leave will be granted for days immediately before or after any
college/institute vacation period.
8.2
Any leave taken without approval will be unpaid and may lead to
disciplinary action.
8.3
Limits may be placed on the number of times leave can be granted to
individual teachers in any year.
9.Compassionate
Leave
9.1
In the event of the death of a parent, spouse or child of a Director of
Studies then the Director of Studies shall be entitled to one weeks
compassionate leave on full pay on receipt of documented evidence.
10.
Sick Pay
10.1
Party B will be entitled to 3 sick days per year fully paid. Party B
shall make
up all the missed classes except the
classes in the 3 sick days.
10.2
Party B must immediately notify the School by 7pm the evening before or
no later than 7am the following day of any absence due to sickness. If the
absence lasts for three or more days the Director of Studies must produce to
Party A, a medical certificate issued by a registered medical practitioner.
11.
Medical
11.1
Prior to commencement of employment of Party B, and at any time during
each contract of employment, Party B may be required to take a medical
examination, the cost of which will be paid by Party A.
11.2
If the medical examination discloses that Party B has an infectious
disease which is likely to be detrimental to the health of any of the pupils
attending the school or which affects Party B to such an extent that Party B is
unable to carry out the requirements of his employment or (as the case may be)
the services, Party B will be suspended from his duties.
11.3
In the event that a Director of Studies elects to be vaccinated against
Hepatitis B then Party A will reimburse Party B the cost of such vaccination.
Party A may also require teachers to be vaccinated against other infectious or
contagious diseases and will pay the cost of such vaccinations. 12.
Registrations and Visa Processing
12.1
Party B shall register himself as a Director of Studies in accordance
with the Education requirements in the country of placement. The school will
provide all necessary assistance. Party B will arrive for commencement of works
with either an f or a z Visa valid for the period of the contract,
or, make arrangements for the extension of such a visa as appropriate. 13.
Suspensions and Dismissal
Party A, the Principal and /or
Regional Manager (CGH) in consultation with advice from the Party A, shall be
entitled to suspend a Director of Studies from his/her position in consultation
with Party A on any of the following grounds:
13.1
If the Principal becomes aware of such facts and circumstances as to justify his
belief that the Director of Studies is not a fit and proper person to be a
Director of Studies.
13.2 If Party B has been convicted of any criminal offence
other than a parking offence or a speeding conviction not resulting in a
custodial sentence being imposed.
13.3 If the Department of Education has cancelled Party Bs
permit to teach or act as a Director of Studies
13.4
If Party B is absent from his duties without any reasonable explanation or is
unable to carry out the inherent requirements of his employment hereunder, or
(as the case may be) the services, to be provided to Party A, or, if the
situation imposes an unjustifiable hardship on Party A.
13.5
If it appears to Party A or the Principal and /or Regional Manager (CGH) in
consultation with advice from the Party A, that such a Director of Studies is
professionally incompetent.
13.6
If Party B has contravened any of the material provisions of these conditions of
service or the Department of Educations regulations. 13.7 If it appears to the Principal/Party A that Party B has behaved in such a manner as either to prejudice the reputation of Party A or the maintenance of good order and discipline at the School, or if it reasonably appears to the Principal/Party A that Party B has acted in such a way as constitutes professional misconduct.
13.8 If Party B commits any serious
misconduct,
is persistently late, neglects in his duties or engages in any conduct which is
against the Employment Act and regulations in the country of placement.
13.9 The principal/Director of Studies shall on suspending
Party B make a full report in writing to the Board of Governors, within 2
working days. Party B shall have the right of a personal hearing at any meeting
of the Board of Governors.
The
Board of Governors shall either:
(1)
Reinstate Party B and in such case Party A shall not suffer any loss of
salary; or
(2)
Dismiss Party B and in such event it shall be at the discretion of the
Board of Governors whether to pay or withhold salary for the period of
suspension.
13.10
Party B agrees with the Principal and each of the Governors that in the event of
his being suspended whether Party B is subsequently reinstated or dismissed that
Party B shall have no claim against Party A, the Principal or any of the
Governors arising from such suspension, and any such claim that may arise by law
is hereby waived. All other rights (if any) shall remain unaffected.
14.
Termination of Employment
14.1
In addition to the termination provisions contained above, Party A has the right
to cancel the contract with a written notice of one month in advance to Party B
under the following conditions:
14.2 During the first three provisional months of employment
with Party A, if it appears to Party A that the Director of Studies is
professionally incompetent.
14.3
If Party B does not fulfil the
contract or does not fulfil the contract obligations according to terms
stipulated, and has failed to amend any discrepancies after Party A has pointed
it out.
14.4
According to the doctors diagnosis, Party B cannot resume normal work after a
continued 30 days sick leave.
14.5
Party B has the right to cancel the contract in writing if the working and
living conditions are not as stipulated in the contract. Or, if Party A has not
paid Party B as scheduled.
15.Breach Penalty
15.1
If Party B fails to fulfil the contract, or fails to fulfil the contract
obligations according the terms stipulated, that is, breaks the contract,
Party B must pay a breach penalty of US$500 to 2,000 (or the equivalent in RMB).
15.2
If Party A asks to cancel the contract due to events beyond its control, it
should produce certifications by the department concerned, and pay the return
flight expenses to Party B. If Party B cancels the contract without valid
reason, it should pay its own return expenses and pay a breach penalty to Party
A.
16.Arbitration
16.1 The two parties shall consult with each other and mediate
any disputes, which arise about the contract. If all attempts fail, the two
parties can appeal to the organization of arbitration for foreign experts
affairs in the State Bureau of Foreign Experts and ask for a final arbitration.
17.This
contract takes effect on the first working day of Party B, will be signed by
both Parties and initialled by both parties on all pages and dated. It will
automatically expire when the contract ends. If either of the two parties asks
for a renewal contract, it should forward its request to within 90 days prior to
the expiration of the contract, and sign the new contract accordingly with
mutual consent.
This
contract is signed at ______________________, in duplicate, the _________ day of
_______, 2003, in English language, both texts being equally authentic.
Party Party A
B
(Signature)
(Signature)
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Homestays (Learning with native teachers)
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