APPENDIX J

Sample Contract for Teachers

A sample contract for Foreign Experts and Foreign Teachers is reprinted below. An American teaching in
China, who sent this contract to the National Association for Foreign Student Affairs, indicated that
particular items to be noted in the Annex, ''Regulations Concerning the Living Conditions of Foreign
Experts Working in Cultural and Educational Institutions," include:

Section II.A: "Only tickets from the Civil Aviation Administration of China (CAAC) shall be provided if its
international flights are available

Section II.C: The items to be provided in the housing facilities are specified, but individuals should be
aware that these sometimes do not function properly and that electricity and water supplies are very
erratic.

Section II.D: Americans teaching in China should not expect to teach and be able to do a great deal of
traveling. The only long vacation is Spring Festival, which is about four weeks in late January, February,
or early March, depending on the date of the Chinese New Year, which is determined by the lunar
calendar. At that time, trains are terribly crowded, and it is very cold. Since indoor heating is rare, travel
can be quite uncomfortable at that time. In the summer, at the end of the academic year, it is quite hot.
So individuals whose objective is to travel should consider teaching only in the fall semester and
traveling in the months of March, April, and May.

CONTRACT (FORM)

PREFACE

The form of the Contract and the Annex, "Regulations Concerning the Living Conditions of Foreign
Experts Working in Cul-

Page 206

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994.
China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National
Academies Press. doi: 10.17226/2111. ×
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tural and Educational Institutions," are sample copies. Subsequently, Party A and Party B can, before
signing the contract, submit amendments and supplements to the sample copies according to their
specific conditions. (Wages and benefits will be more generous for Foreign Experts.) The contract will
come into force only after both sides have, through consultation, established in written form and
confirmed through signature the content and the living conditions therein.

Party A_____________________________wishes to engage the service of Party B

_________________________ as (teacher, compiler, translator, etc.). The two parties, in a spirit of
friendly cooperation, agree to observe this contract.

The period of service will be from_____to_____.

The duties of Party B are as follows:

Requirements for Party B to fulfill.

Party B shall observe the laws, decrees, and relevant regulations enacted by the Chinese government
and Party A's work system.

Party B shall cooperate with Party A and make every effort to complete the tasks agreed on.

Party B shall accept Party A's arrangement and direction in regard to his/her work. Without Party A's
consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work
agreed on with Party A

Party A shall pay Party B a salary of_____yuan (renminbi) each month and provide him/her the benefits
stipulated in the "Regulations Concerning the Living Conditions of Foreign Experts Working in Cultural
and Educational Institutions."
Neither of the two parties shall terminate the contract ahead of time or alter it without mutual consent.

If Party A wants to terminate the contract before it expires, Party B must be given thirty (30) days' notice
and reasons for breaking the contract. During Party B's term of service, his/her salary shall be paid as
agreed on for the term of the contract. Party A shall also pay for the return air tickets of Party B and
his/her family [i.e., Party B's spouse and child(ren) under twelve (12) who have been permitted to come
and remain with Party B in China for the whole duration of the contract; they will hereafter be referred
to as Party B's family] and for the transportation of their luggage.

If Party B wants to terminate the contract before it expires, he/she should hand in a written request
with his/her reasons for breaking the contract thirty (30) days in advance. Party A shall stop paying Party
B's salary and providing any benefits for Party B starting from the day

Page 207

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994.
China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National
Academies Press. doi: 10.17226/2111. ×

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when Party A consents to the request. Party B shall bear all the expenses involved in traveling back
home together with that of his/her family. Party A is entitled to claim compensation for any loss brought
about by Party B's termination of the contract.

Both parties shall continue to execute this contract until the request for termination has been agreed
upon.

Party A has the right to cancel the contract in any of the following cases:
If Party B violates either Regulation II or Regulation III of the contract and fails to correct the error after
Party A's mentioning it to him/her, Party A has the right to terminate the contract and arrange for
him/her and his/her family's air ticket(s) and the cost of the transportation of their luggage.

If Party B cannot resume work after a doctor's certified sick leave of two months (60 days), Party A may
arrange, in consideration of Party B's health, for Party B and his/her family to return home within a
month (30 days). Party A shall pay for the air ticket(s) of Party B and his/her family and the
transportation of their luggage.

The contract takes effect when Party B reports for work and becomes void automatically upon the
expiration of the contract. Either party that makes a proposal for the extension of the contract should
put forward his/her request three months (90 days) prior to the expiration of the contract. A new
contract on an extension of the period of service shall be signed by both parties if they agree to it after
consultation.

All stay expenses incurred after the contract expires shall be borne by Party B.

The contract is written in both Chinese and English, both texts being equally valid.

Signed on the__________day of__________,19_____

Party A

Party B

(Signature)

(Signature)
ANNEX: Regulations Concerning the Living Conditions of Foreign Experts in Cultural and Educational
Institutions

Salary

Party A shall fix Party B's salary according to his/her professional abilities, the work assigned, his/her
educational and professional

Page 208

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994.
China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National
Academies Press. doi: 10.17226/2111. ×

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background. Party A shall inform Party B of the amount of salary before he/she consents to accept the
position.

Party B's salary shall be paid regularly by the month. It shall begin from the day of Party B's
commencement of his/her work in China until the expiration of the contract. If the work to be done will
take less than a month, the payment shall be made by the day, each being one-thirtieth of the monthly
salary.

Party B's salary shall be paid in renminbi, which can be changed into foreign currency under the
following conditions:

If Party B comes to China alone, he/she may change fifty percent (50%) of his/her monthly salary into
foreign currency.
If Party B comes with his/her family [spouse and child(ren) under twelve (12) who come and remain in
China with Party B at Party A's consent; hereafter referred to as Party B's family], he/she may change
thirty percent (30%) of his/her monthly salary.

If Party B's spouse is invited as a foreign expert at the same time and they have no children living in
China, each may have fifty percent (50%) of his/her salary changed into foreign currency.

Party B may change his/her foreign currency allowance either every month or all at once at the
expiration of the contract.

Traveling Expenses

If Party B's period of service is over one year, he/she may bring with him/her, at Party A's consent in
advance, his/her spouse and child(ren) under twelve (12) to come and remain in China. Party A shall
provide Party B and his/her family with economy-class air return tickets from the airport nearest to the
city where Party B is when he/she accepts the invitation from Party A (of Party B's permanent residence)
when coming to the place of work in China and when returning home upon the expiration of the term of
Party B's service. Only tickets from the Civil Aviation Administration of China (CAAC) shall be provided if
its international flights are available in Party B's country.

Party B shall bear all expenses of his/her family on temporary visits to China.

Party A shall pay for the cost of transportation of twenty-four (24) kilograms (kg) per person [no more
than a total of seventy-two (72) kg for a family of more than three] of luggage by nonaccompanied air
freight incurred by Party B and his/her family for the same distance as mentioned above, both when
coming and on their return after the expiration of the period of service. Expenses for packing and
delivering the luggage between Party B's temporary residence at the time of his/her

Page 209

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994.
China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National
Academies Press. doi: 10.17226/2111. ×
Add a note to your bookmark

application for the post (or his/her permanent residence) and the airport when coming to China or on
his/her return home shall be borne by Party B.

At the request of Party B, for sending his/her luggage by sea instead of by air, Party A shall pay for the
cost of one cubic meter of unaccompanied luggage per person (but no more than two cubic meters for a
family of over two people) by sea, including the expenses charged for delivering the luggage to and from
Party B's place of work and the seaport in China. Expenses incurred for packing and delivering luggage
outside of China between the temporary residence at the time of Party B's application for the post (or
his/her permanent residence) and the seaport on coming to China and on returning home shall be borne
by Party B.

The cost of transportation of incoming luggage within the stipulated limits can be reimbursed only on
presentation of receipts.

During Party B's period of work in China, Party A shall bear the following expenses on behalf of Party B.

Housing (with furniture, bedding, a bathroom, a television set, a refrigerator, and the facilities for
heating and air conditioning).

Transportation to and from work.

Medical care to be subsidized in accordance with China's medical system except for expenses incurred in
registration, doctors' home visits, fitting false teeth, cleaning teeth, undergoing cosmetic surgery, buying
spectacles, boarding in hospital, and nonmedical tonics.

Vacations
In addition to China's national holidays, such as New Year's Day, the Spring Festival (three days), May 1,
and National Day (two days), Party B is entitled to 30 days' vacation in China every year. The vacation
time of those working in colleges and universities shall correspond to the summer and winter vacations.
Those working in institutions of information and publication shall not be entitled to a vacation until after
they have worked for half a year. After Party B has worked for a year, he/she shall be given an additional
_____yuan renminbi vacation allowance. If the term of service is over half a year but less than a year,
Party B shall enjoy a vacation of two weeks and be given an additional _____yuan vacation allowance.

The vacation allowance cannot be changed into foreign currency.

Party B shall receive his/her salary as usual for the vacation period.

If Party B comes to China alone and is on a contract for two years, he/she may spend the vacation
visiting his/her home country once at the end of one year's work. Party A shall pay for an economy-class
return air ticket. Only tickets of CAAC shall be provided if its international flights are available. In such
cases, Party B shall no longer be

Page 210

Suggested Citation:"Appendix J: Sample Contract for Teachers." National Academy of Sciences. 1994.
China Bound, Revised: A Guide to Academic Life and Work in the PRC. Washington, DC: The National
Academies Press. doi: 10.17226/2111. ×

Add a note to your bookmark

given a vacation allowance that year, but his/her salary for the month when he/she is on vacation at
home can all be changed into foreign currency.

If Party B gives up such opportunity to go for a vacation in his/her home country, he/she shall be given a
sum in renminbi* equivalent to a one-way economy-class air ticket instead of the vacation allowance for
that year. If the price of the ticket is less than_________yuan, Party B shall be given the difference.*

Sick Leave or Absence from Work

If he/she is ill, Party B shall ask for sick leave and produce a doctor's certificate. His/her salary shall be
paid as usual if the sick leave is up to sixty (60) days in succession. If Party A does not exercise the right
stipulated in Item F.2. in the Annex (i.e., if Party A does not propose termination of the contract), Party B
shall receive seventy percent (70%) of his/her regular salary from the sixty-first day until the day he/ she
resumes regular work or to the expiration of the contract.

If Party B asks for leave of absence and obtains Party A's consent, a deduction in salary shall be made
according to the number of days Party B is absent.

Severance Pay

Severance pay shall be granted to Party B when Party B leaves China at the end of his/her service,
namely an additional half a month's salary for each full year's service. No severance pay shall be granted
if Party B has worked less than one year.

Severance pay may be changed into foreign currency.

Nonconvertible