Note: Pictured below is a sample contract. Do not
print this. It is not the actual contract that you will be presented
with when you arrive in China. Actual contract terms may vary
considerably from the example.
is an honest and upfront recruiting agency. There are many headhunting
organizations on the Internet that are trying to recruit instructors for
China. Many of these charge a recruiting fee. We absolutely do not. The
reason that CNET only works through Provincial Bureaus of Education is
that we do not feel secure in having a candidate or groups contract with the school
solely. Most recruiting agencies, which work directly through schools
are being paid from the Chinese side by that
individual school. There is simply too much need for quality teachers in
China for anyone to ever pay a fee. Everything should be taken care of
for you and there should be no personal expense except for securing your
visa from the Chinese Consulate in your area or through the mail.
Contracting through a Bureau of
Education in China is much safer than contracting with an individual
school through a recruiter, especially Chinese based. The example in the USA is this; would you feel more secure
contracting with an individual school or contracting through your
State's Department of Education? It comes down to the fact that, if you
work through the regional educational authority in the area of China
where you will teach, there is much more likelihood that your contract
will be honored to the letter. If the school fails to live up to the
contract in any area, CNET works through the regional department of
education, the funding mechanism of the Chinese school system, to get
the problem corrected. Usually, these problems are not malicious, but
merely cultural or linguistic miscommunications. But, be assured, we will
be immediately be in contact with the Bureau of Education if there is a
Before you leave for China, you will
usually receive a memo of understanding (MOU) that details what will be in
your contract. You will sign this and return it to China. Upon
arrival, you will sign the actual contract which should reflect your
afore signed letter of understanding exactly. Contracts are very
important in China. The educational and political systems are governed by
contracts. These, of course, are formal understandings between parties.
Below is a sample contract from China. Please note that this is not the
actual contract that you will sign, but an approximation. In order to be
in China under a visa for a long period of time, you will be designated
as a "foreign expert" and a contract for services between the individual
and the institution (school) is necessary. Below is the sample contract.
(SAMPLE - OR WHAT YOU CAN EXPECT)
I. Party A wishes to engage the service of party B___________________as____________________________.
The two Parties, in a spirit of friendly cooperation, agree to sign this
contract and pledge to fulfill conscientiously all the obligations
stipulated in it.
II. The period of service will be from the _______day of ________ ,200
to the ________day of ________200 .
III. The duties of Party B (see attached pages)
IV. Party Bs monthly salary will be Yuan RMB (About USD), the pay day is
every month_______ .If not a full month, the salary will be will be
prorated (days times salary/30).
V. Party As Obligations
1. Party A shall
introduce to Party B the laws, decrees and relevant regulations enacted
by the Chinese government, the Party As work system and regulations
concerning administration of foreign teachers.
2. Party A shall conduct direction, supervision and evaluation of Party
3. Party A shall Provide Party B with necessary working and living
4. Party A shall provide co-workers for the first week if necessary.
VI. Party Bs obligations
1. Party B shall
observe the laws, decrees and relevant regulations enacted by the
Chinese government and shall not interfere in Chinas internal politics
2. Party B shall observe Party As work system and regulations concerning
administration of foreign teachers and shall accept Party As agreement,
direction, supervision and evaluation in regard to his/her work. Without
Party As consent, Party B shall not render service elsewhere or hold
concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on schedule and guarantee the
quality of work.
4. Party B shall respect Chinas religious policy, and shall not conduct
religious activities incompatible with the status of a teacher.
5. Party B shall respect the Chinese peoples moral standards and
Cancellation and Termination of the Contract
1. Both Parties
should abide by the contract and should refrain from revising,
canceling, or terminating the contract without mutual consent.
2. The contract can be revised, cancelled, or terminated with mutual
consent. Before both parties have reached an agreement, the contract
should be strictly observed.
3. Party A has the right to cancel the contract with written notice to
Party B under the following conditions.
(1) Party B does not fulfill the contract or does not fulfill the
contract obligations according to the terms stipulated, and has failed
to amend after Party A has pointed it out.
(2) According to the doctors diagnosis, Party B cannot resume normal
work after 30 days sick leave.
4. Party B has the right to cancel the contract with a written notice to
party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living
conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
VIII. Breach Penalty
When either of
the two parties fails to fulfill the contract or fails to fulfill the
contract obligations according to the terms stipulated, that is, breaks
the contract; it must pay a breach penalty of US $500 (or the equivalent
in RMB). If Party B asks to cancel the contract due to events beyond
control, it should produce certification by the department concerned,
obtain Party As consent, and pay its own return expenses; If Party B
cancels the contract without valid reason, it should pay its own return
expenses and pay breach penalty to Party A. If Party A asks to cancel
the contract due to events beyond control, with the consent of Party B,
it should pay Party Bs return expenses; if Party A cancels the contract
without valid reason, it should pay Party Bs return expenses and pay a
breach penalty to Party B.
IX. The appendix of this contract is an inseparable part of the contract
and has equal effect.
X. This contract takes effect on the date signed by both parties and
will automatically expire when the contract ends. If either of the two
parties asks for a new contract, it should forward its request to
another party 30 days prior to the expiration of the contract, and sign
the new contract with mutual consent. Party B shall bear all expenses
incurred when staying on after the contract expires.
The two parties shall consult with each other and mediate any disputes,
which may 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
This contract is signed at , in duplicate, this day of , 200 , in the
Chinese and English languages, both texts being equally authentic.
Attached Contract (one year)
Name of Employee: (Party B) I hereby accept the Terms and conditions of
employment as set out hereunder.
Name of Employer: (Party A)
Position: Full-time teacher of English as a Second Language (TESL) at
Commencement Date: this day of 200
Termination Date: this day of 200
1. Prepare lessons well prior to teaching
2. Conduct English lessons
3. Assess students work
4. Take an active part in students extra-curriculum activities of Party
Work according to the time - table of Party A from Monday to Friday each
week (except for holidays). Sometimes Party B may need to work on
special occasions, say the anniversary of the founding of Party A or any
special promotional work and the employee is to be given day(s) off
later or to be paid.
Generally 16 to 20 face-to-face teaching periods (45 minutes for each
period) should be delivered to the students every week. And usually
there might be 5 periods of English corner activities outside the
classroom to be delivered to the students.
The basic month salary is stipulated in the general contract and paid on
the day agreed on the contract.
The summer vacation (August 1st to September 1st) salary and winter
vacation (20 days) salary:
The summer vacation salary equals to a normal month salary while winter
vacation salary 2/3 of one-month salary.
Free facilities and other things:
1. Accommodation- a flat with one bedroom, living room, kitchen and
bathroom (With air-condition, TV, Video, Telephone, Bed, Sofa.etc.).
2. Electricity, hot water and gas.
3. Meals in the school, if not will get 300-Yuan food allowance each
4. A bike (but should be maintained by party B, When the contract
finished should return to Party A)
Return air-ticket will be reimbursed with satisfactory completion of
one-year full-time service for party A. The return air tickets should be
Part B will be paid 2200 Yuan travel bonus by Party A when one year
Party A will process and pay for the work visa for the employee, but
Party B should pay his/her own tourist visa to enter China.
There are seven continuous days in May. And seven continuous days in Oct
and 30 days in Summer and 20 days in winter and Xmas 3 days new year
2days. If some important activities of Party A happen to be on
holidays.The employee will attend as well and Party A shall make up the
holiday(s) or pay for him/her the employee is not allowed to ask for
leave of tour except in holidays.
Sick leave and other leave:
If the employee has been sick and obtained the permission from the
hospital that he/she could ask for sick leave, the employee can receive
RMB 30 Yuan for the sick leave allowance each day and no other salary
during the period of his/her sick leave. If the employee has been sick
for a continuous 30 days, party A could terminate the contract according
to the regulation of the contract issued by China State Bureau of
If the employee
has to ask for personal leave during work time, he/she must obtain the
permission form the school and the days of personal leave should not
surpass 20 days, otherwise the school has the right to terminate the
contract; if the employee neglects the work without any reason or asking
leave from the school, Party A shall has the right to fine the employee
his/her double of his salary during those neglecting days; if the
employee has been neglecting the work for a continuous seven days, Party
A shall has the right to fire the employee.
Health and Medical Care:
The employee must conduct a medical examination at his/her own expense
to certify that he/she
does not suffer from hepatitis or any other infectious disease before
he/she leaves for China. The employee can receive free medical care at
the schools clinic and pay the fee of the medical care outside the
Computer and Telephone:
Party A provides the employee with the facility of computer and
telephone, but the employee should pay for the Internet-fee (if
applicable) and he/her will pay the phone call. The employee shall
deposit 500 RMB both for internet fee and telephone fee before he/she
leaves Party A (the contract expires), as the phone bill always comes at
the end of the following month.
Both the employee and the employer own one copy of the contract
The employee shall not disclose his/her salary and the information of
the contract to a third Party without the consent of the employer.
This attached contract is an integral part of the contract issued by
China State Bureau of Foreign Experts.
The contract will be finalized
with a stamped seal and date that, again, is very important to the
Chinese. All official documents receive a type of seal upon completion.
These are usually in red. Here is an example of a seal from a marriage
In China, a contract is considered
binding like in the USA. But, please remember that the Chinese legal
system is not as developed under the new free market economy as here in
the US. China is just now developing the legal infrastructure to govern
all the changes. The freedom that we experience in the US in daily life
and business is governed by three hundred years of legal development. In
China, a contract is much more of a "gentlemen's agreement". China is a
nation that still utilizes the honor system in all aspects of life. You
are expected to fulfill the obligation. Because many foreigners have
difficulty adjusting to China, these contracts detail the "what if's" if
you choose to leave early. Usually, the penalty is that you pay for your
plane ticket home. Sadly, many Americans abroad, especially the young,
do not honor and respect contracts. If you choose o leave early, you are
expected to do so in a professional manner. This entails honesty and
Please review your letter of
understanding and contract thoroughly and suggest any changes that you
deem necessary. You are a guest in China and will be taken care of while
you are there. For the most part, the school will do everything within
its power to make you comfortable. It is the Chinese way.