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GENERAL TERMS AND CONDITIONS OF SERVICE FOR TEACHING STAFF

AT:  .........................................................................................................

 Native Language Teachers Contract. (Non-negotiable)

 1.General

1.1  Party A __________ wishes to engage the service of Party B __________ as a Native English Language Teacher. 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 and shall not leave the school premises.

1.4  Teachers shall not undertake any other employment unless written permission has been granted to do so by the Principal/Director of Studies 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 B's 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 ________ (Local Currency) shall be paid monthly in arrears together with a performance bonus of ________ (Local Currency) paid every month for the term of the contract. Teaching hours will not exceed 20 per week (Foundation Courses). If hours exceed these 20 hours (Foundation Courses) then an overtime rate of (Local Currency) 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 Part 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 ................... each month. Such rental allowance must be spent only on the provision of a place of residence for the teacher excluding 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 observe timings of all timetables and organise and recording students attendance sheets, test results (keeping all the teaching and test materials on file), attend weekly meetings with the Director of Studies/Board, attend PTA meetings and morning Assembly.

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, 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 teacher the cost of 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 Asia.

8.Leave

8.1  The Director of Studies 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 teacher then the teacher 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 teacher must produce to the Director of Studies 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 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 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 teacher 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

       The Principal and /or Regional Manager in consultation with advice from the Director of Studies shall be entitled to suspend a teacher from his position at 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 Party B is not a fit and proper person to be a teacher.

  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.

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 Educations regulations.

13.7 If it appears to the Principal/Director of Studies 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/Director of Studies 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 the Director of the Studies that the teacher 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 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 _______, 2002, in English language, both texts being equally authentic.

   

Party                                                                                      Party 

A                                                                                                  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