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GENERAL TERM’S AND CONDITIONS OF SERVICE FOR the General Manager of the Languages and Business Centre AT ……………………………………………………………….

1.General

1.1  Party A__________ wishes to engage the service of Party B __________ as The General Manager of our Languages and Business Centre. The two parties agree to sign this contract and pledge to fulfil conscientiously all the obligations stipulated in it.

1.2  Party B will serve the company faithfully and comply with the rules and regulations of Party A or any other authorised person acting on their behalf or in their place.

1.3  Party B will keep secure any private company information or documents belonging to the company and not disclose information to others verbally or in any other form that party B may be privileged to withhold unless directly requested so to do.

1.4   The General Manager of our Languages and Business Centre shall not undertake any other employment unless written permission has been granted to do so by the Chairman or Vice Chairman of the board of Party A. If such permission is granted it may be granted subject to conditions and may be reviewed from time.

2.Salary and Length of Contract

2.1  The total salary package paid to Party B shall be determined by reference to the company’s salary package scale. This salary package scale shall be reviewed three monthly.

2.2  A salary of US$xxxxxxxxxxxxx shall be paid monthly in arrears and be paid on the fifth day of every month. Party A will be responsible for the appropriate tax procedures as in accordance with Vietnamese law. A pay statement will be provided to party B giving details of all stoppages. Late payment will incur a 5% per day default payment payable to party B. and the Rate of Pay will be re-viewed 3 monthly.

2.3  Business Expenses. Party A will return business expenses on return of receipts only and only when the expense is justified as being reasonable and a requirement of party A in his work. In any circumstances unusual expenses, or costly expenses shall not be carried out without the prior permission of Party A

2.4  On successful completion of each year of the contract a bonus equivalent to 1 month’s salary shall be awarded to party B.

2.5   On successful completion of each year of the contract Party A will provide Party B with the fee for a return ticket to any destination within Asia and on final completion of contract the required fee at that time for a return ticket to UK .

2.6  As the General Manager of our Languages and Business Centre Party B will also be awarded a pay rise of $500 per month on successfully showing continued growth in student numbers.

2.7   The period of service will be from the _______day of _______2004 to the _______

Day of__________, 2005

2.8  The contract may thereafter be renewed by agreement between Party A and Party B. 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 B’s contract it will do so in writing 60 days prior to the completion of the contract. Party A shall notify the school of his/her intention to accept or decline such offer by not later than 30 days before the expiration date.

2.9  Party A may vary these conditions of service annually as required if the length of service exceeds the first year but not without the agreement and signature of party B.

2.10          Rental Allowance (Only applicable if Party B and Party A are amicable to private accommodation outside of the schools supplied accommodation. See Paragraph 4.0).

a.  Subject to Clause 2.6.b below the General Manager of our Languages and Business Centre shall be entitled to a rental allowance of no more than (xxxxx) each month. Such rental allowance must be spent only on the provision of a place of residence for the General Manager of our Languages and Business Centre excluding electricity, water, gas and telephone which will be paid for by party B.

b.  To qualify for the said rental allowance, Party B must provide to the school such written proof regarding the terms and conditions of any lease or rental agreement to which Party B has arranged.

c.  Party B may pay any extra money towards such a rent fee if a larger apartment is required.

d.  For the purposes of this Clause 2.9,”rent” includes associated management fees, governmental rates and an internet connection. Party B shall bear all expenses incurred when staying on after the contract expires and in any case will be liable for all Gas, electricity, water, heating and telephone bills.

2.11          All outstanding pay including Flight ticket and Bonus shall be paid to the employee no later than the day prior to his/day of departure at the end of contract.

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 A’s behalf or in Party A’s place.

3.2  Party B will work official hours of 0900 hours to 1700 hours daily Monday to Friday and will carry out extra hours of work as required by his arrangements to run marketing and seminars for school and student growth.

3.3  Party B must abide by all procedures as set by Party A. This will involve all compliances set by the board of Directors.

3.4  As the General Manager of our Languages and Business Centre Party B shall carry out the policies and decisions of Party A which will include organizing and running a quality control system within the department, responsibility of discussing and updating teaching material/courses, responsibility for presenting seminars and other such presentations / meetings both internal and external for the benefit of the schools continued growth. Also, Preparation of all department timetables; observe teachers and staff, oversee students work records, students attendance and test results, keeping all the teaching and test materials on file. Recruit and interview prospective teachers; chair weekly meetings with the Staff as required during which time the minutes of the meeting should be recorded for signature by Party A. unless Party A wishes to Chair these meetings personally or by a representative.

 4. Staff Accommodation

4.1  A flat or apartment will be provided for Party B’s accommodation and Party B will reside in such staff flat while in the service of Party A. No cash alternative to the accommodation provided by Party A will be paid to Party B other than the rent conditions mentioned at Paragraph. 2.9 above.

4.2  The flat is provided as a residence only by reason of Party B’s employment.

4.3  Accordingly Party B will vacate the flat at the end of the contract.

4.4  Accommodation should include amenities such as bathroom, a double sized bed, refrigerator, TV, sitting room with appropriate furnishings and air-conditioning.

4.5 If Party B wants to reside outside the campus, rental allowance is

       subject to Clause 2.9a—d.

 Holidays

4.5  Party B shall be, as prescribed by Party A entitled to all public official holidays and any laid down school holidays. See paragraph 8. below on Leave.

c) As reasonably required with adequate notice excepting all school holidays and public official holidays.

5.Traveling Expenses

5.1  The school will on receipt of the relevant receipted travel bills reimburse to Party B the cost of economy class air travel to Vietnam . (Airline ticket or travel agent’s invoice will be required to substantiate such payment)

6.Medical Insurance

6.1  The school shall provide appropriate insurance. Medical expenses are done according to the terms and conditions of the insurance contract between the teacher and the insurance company in Vietnam .

7.Leave

7.1  Party A must approve party B for any leave to assure he/she can cover works. Normal holidays will be 4 weeks holiday per year with pay. Should this not be possible to arrange during the contract then this will be taken on completion of the contract and paid for at the same time as receiving the bonus.

7.2  Under normal circumstances, no leave will be granted for days immediately before or after any college vacation period.

7.3  Any leave taken without approval will be unpaid and may lead to disciplinary action.

7.4  Limits may be placed on the number of times leave can be granted to individual teachers in any year.

8.Compassionate Leave

8.1  In the event of the death of a parent, spouse or child of a teacher then the teacher shall be entitled to one week’s compassionate leave on full pay on supplying proofs accordingly.

9.Sick Pay

Party B will be entitled to 3 sick days per year fully paid only.

9.1  Party B must immediately notify the School by 7pm the evening before or no later than 7am the following day if possible. If the absence lasts for more than three days Party B must produce to Party B a medical certificate issued by a registered medical practitioner.

10.              Medical

10.1          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.

10.2          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 inherent requirements of his employment hereunder or (as the case may be) the services or facilities required to be provided to Party A in order to enable him to carry our such requirements would impose an unjustifiable hardship on Party A, Party B may be suspended from his duties. Or in extreme cases the teacher’s contract of employment may be terminated on payment of two month’s remuneration in lieu of notice.

10.3          In the event that a teacher elects to be vaccinated against Hepatitis B then Party A will reimburse Party B the cost of such vaccination. Party A may also require Party B to be vaccinated against other infectious or contagious diseases and will pay the cost of such vaccinations.

11. Spare.

 12.  Registration

12.1 Party B shall register himself in accordance with the Education requirements in the country of placement. The school will provide all necessary assistance.

13. Suspensions and Dismissal

       The board of Directors / Party A shall be entitled to suspend the General Manager of the Languages and Business Centre from his position on any of the following grounds:

13.1 If Party A becomes aware of such facts and circumstances as to justify his belief that Party B is not a fit and proper person to carry out the said duties..

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 B’s permit to teach.

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 or facilities to be provided to Party A in order to enable him to carry out such requirements would impose an unjustifiable hardship on Party A.

13.5 If it appears to the Director of the Studies that such teacher is professionally incompetent.

13.6 If Party B has contravened any of the material provisions of these conditions of service or the Department of Education’s 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 / Party A shall on suspending Party B make a full report in writing to the Board of Governors/Directors within five days. Party B shall have the right of a personal hearing at a meeting with the Board of Governors/Directors.

The Board of Governors / Directors shall either:

(1)  Reinstate Party B and in such case Party B 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 from the date of hearing.

13.10 Party B agrees with the Principal / Party A that in the event of his being suspended whether Party B is subsequently reinstated or dismissed that Party B shall have no claim against the Principal or Party A 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 in Clause 13, 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 the Principle/Party A that the General Manager of the Languages and Business Centre is professionally incompetent.

14.3 Party B does not fulfil the contract or does not fulfil the contract obligations according to terms stipulated, and has failed to amend this situation after Party A has pointed it out any such obligations or failures.

14.4 According to the doctor’s 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 When either of the two parties fails to fulfil the contract or fails to fulfil the contract obligations according the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$500.

15.2 If Party A asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party B’s consent, and pay the return flight expenses and a breach penalty 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 B.

15.2 If Party A asks to cancel the contract due to events beyond control it should pay Party B’s return expenses to country of origin. If Party A cancels the contract without valid reason, it should pay Party B’s return expenses and pay a breach penalty to Party B.

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 expert’s 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, it will be signed by both Parties and dated. It will automatically expire when the contract ends. If either of the two parties asks for a new contract on the completion date, both parties will be required to sign the new contract accordingly with mutual consent.

This contract is signed in good faith by both parties, both pledging their loyalties and honour for the benefit of the School.

   

This contract is signed at ______________________, in triplicate, on the _________ day of _______, 2004, in English language, all texts being equally authentic.

   

Party A                                                                Party B

 

(Signature)                                                            (Signature)

 

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Payment by electronic transfer ( Asian Courses) for: course payment, disaster relief, the education for the poor program, and the new Christchurch College building for CDO should be electronic transferred to:- account name: Derek Roy Allen. Metro Bank account Number 426 3 42613012 3  Divisoria Branch Cagayan de Oro. Philippines

Payment by electronic transfer (UK Courses) for: course payment, disaster relief, the education for the poor program and the new Christchurch College building for CDO should be electronic transferred to:-Lloyds Bank UK Colchester Branch  Sort Code Number:- 30-92-16. Account Derek R. Number 1101455-02) 27 High Street, Colchester, Essex, CO1 1DU United Kingdom.

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Last modified: May 31, 2008.   Galas Highway, Dipolog / Cagayan de Oro     (63) 0921 499 0971