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Party A(Employer):
Legal Representative:
Deputy:
Address:
Tel:
Fax:
Party B (Employee):
Sex:
Birth Date:
Nationality:
Passport number:
Dwelling Address Abroad:
Tel:
Fax:
II.The period of service will be from the_____day of________, _____ to the _____
day of_____, _____.
2. Party A may terminate this Contract at any time without giving prior notice
or paying severance pay to Party B, if:
2.1. Party B has been proven unable to meet the employment requirements
of Party A during the probation period, if any;
2.2. Party B causes Party A to enter into or amend this Contract against Party
A's true will by means of fraud, intimidation or taking advantage of Party
A's precarious position;
2.3. Party B have any ill habits such as gambling or alcoholic addiction, or his
behavior is not up to Chinese morality, which has resulted in adverse
effects, and fail to amend after Party A’s warning;
2.4. Party B has serious discipline breach behaviors or involvement in
criminal activities.
3. Party A may terminate this Contract by giving 30 days prior written notice
to Party B and giving Party B 1-3 months’ salary as a compensation.
4.Party B may terminate this Contract by giving 3 days prior written notice to
Party A within probation period, and may terminate this Contract by
giving 30 days written notice to Party A after the probation period.
X. Force Majeure
Force majeure refers to anything beyond control, that is unforeseeable,
unavoidable and insurmountable objective conditions, circumstances or
affairs not otherwise stated in the Contract. The obligations stipulated in
the Contract shall be suspended during the period of force majeure by
either Party A or Party B and the Party impacted shall notify the other
party immediately and produce relevant certifications within 15 days.
If Party B asks to cancel the contract due to events beyond control, he/she
should produce certifications by authorities concerned, obtain Party A’s
consent, and pay his/her own return expenses;
If Party A asks to cancel the contract due to events beyond control, with the
consent of Party B, Party A should bear Party B’s return expenses and pay
one more month’s salary as a compensation.
XI. This contract won’t take effect until Party B has got his/her health
certificate, work permit and residence permit issued by relevant
departments of Chinese Government or departments appointed by
Chinese Government. Party B shall cooperate actively to obtain the valid
visa and permits. The fees and responsibilities arising out of the actual
employment activity before the contract takes effect, if any, shall all be
borne by Party A.
Party B shall bear all expenses incurred when staying on after the contract
expires.
XII.Waiver
If a party against whom any obligation is owed agrees to waive a provision of
this contract, such waiver shall not otherwise affect the validity or effect
of any other portion of this contract.
XIII.Dispute Resolution
Any dispute arising out of this Contract shall first be attempted to be
resolved through friendly negotiation between the Parties. If all attempts
fail, either party may within 60 days after the dispute occurs, appeal to
local Administration of Foreign Experts’ Affairs for intermediation, or apply
to the relevant personnel or labor dispute arbitration commission for
arbition. Any Party, if disagreeing with to the result of the
intermediation/arbitration, reserves the right to intiate legal proceedings
with the local court directly.
II. Salary
1. The salary for Party B shall be paid by month, that is RMB ________ (before
tax) for each working month. The salary payment shall begin from the
first day Party B commence his/her position till the expiration of the
contract.
2. Salary will be paid by Party A on the_____th day of each month. If the
payment date fall on a statutory holiday or rest day or under other special
circumstances, the salary shall be paid the next day after that. If Party B
works only part of a month, salary should be calculated by the day. The
total number of working days of each month shall be 20.83 days
(including February). 1 day’s pay shall be 1/20.83 of the total monthly
salary.
3 . Party B shall bear all the expenses for his/her accompanied family
members.
4.Party B shall pay individual income tax for his/her salary according to the
regulations of the taxation administration of China. Party B’s salary can be
exchanged into foreign currency with his/her Foreign Expert Certificate
and income tax payment certificate.
IX. This appendix has equal validity of the contract and comprises integral
part of this contract.
X. The confirmation and any changes to the contract as well as its appendix
must be conducted through mutual consultation and signed in written
form. Any verbal agreements are deemed as invalid.
Party A Party B
( Signature ) ( Signature )