June 2005 Version
Sample Employment Agreement (Designated Activities）
Party A with its head office located at (hereinafter called “the
Company”) and ______________________________________ having his/her address at
_____________________________________________________________ (hereinafter called “the
Employee”) hereby agree as follows:
Article 1 – Employment
The Company hereby agrees to employ the Employee as an instructor of English conversation and
the Employee agrees to be employed by the Company.
Article 2 – Job Description
The Employee shall perform his/her duties hereunder diligently and exert his/her best efforts to
accomplish the following duties.
1. Teach English conversation to the following persons at the places designated by the Company:
a) To the students at the schools (hereinafter called, “the Schools”) owned and managed by the
Company or other related companies.
b) To other employees of the Company or other related companies.
c) To any persons designated by the Company from time to time for the purpose of managing
English conversation business.
2. Participate in the following meetings:
a) Regular staff meetings and other necessary meetings for the main purpose of receiving
guidance on the instruction of the curriculum, and for the enhancement of lesson content.
b) Meetings for the main purpose of development (if asked to participate).
c) Other meetings with respect to managing English conversation business as deemed
necessary by the Company.
3. Fill out the following documents:
a) Documents regarding the Employee’s duties designated by the Company, including but not
limited to lesson reports.
b) Documents designated by the Company for managing English conversation business as
4. Perform other work in connection with Article 2-1 to 2-4 or other work designated by the
Company from time to time.
Article 3 – Observance of Company Regulations
1. The Employee shall observe the instructions of his/her superiors in the Company, as well as the
regulations and rules issued by the Company.
2. In the case that any provision of this Agreement is inconsistent or conflicting with any provision
of the regulations or rules of the Company, the provision of this Agreement shall have priority
over the provision of the regulations or the rules.
Article 4 – Prohibition of Other Business
1. The Employee shall not teach English conversation with compensation to any persons not
expressly permitted herein.
2. The Employee shall not engage, without prior written approval from the Company, in any
private commercial transactions or work on behalf of himself/herself or any other individual or
June 2005 Version
Article 5 – Salary
1. The Company will pay the Employee a monthly salary in <currency> in accordance with the
following standard. The Employee shall not request the Company to make any payments,
including but not limited to wages, allowances, benefits, insurance premiums or disbursements,
unless otherwise expressly specified herein.
(1) Basic Wage: In consideration for the designated work as stipulated in Article 9, the
Company will make the following payment to the Employee: per
(2) Special Allowance: In consideration for work in excess of the designated work, the
Company will make the following payment to the Employee:
2. Commuting Expenses
The commuting expenses for the most economical route of public transportation between the
Employee’s work place and his/her residence will be reimbursed to the Employee on the 25 th
day of each month for the previous month’s expenses.
3. Tax Deduction
The Employee acknowledges that the salary and any payments to be made hereunder shall be
subject to withholdings of any taxes, and deductions of any taxes, social welfare pension premiums,
health insurance premiums and any others levies under the laws and regulations of China. Therefore,
it is agreed between the parties hereto that such withholdings and deductions shall be made from
salary as stipulated in Article 5 and payment if any.
Article 6 – Housing
For the period of the contract, the Company will provide housing for the Employee at a company
apartment or a company dormitory. The Employee shall pay utility costs for the amount of time
spent in the housing.
Article 7 – Medical Insurance
1. For the period of his/her stay in China, the Employee is responsible for obtaining a medical
insurance policy or a traveler’s insurance policy with comprehensive health coverage.
In the case that the Employee has obtained the insurance policy as stipulated in Article 7.1, the
Company will reimburse the Employee for the cost of the insurance policy’s premiums up to,
but not exceeding, per year
Article 8 – Expenses for Business Trips
In the case that the Employee, with the approval of the Company, takes a business trip in
performing his/her work duties, the Company will pay or reimburse to the Employee the expenses
for the business trip in accordance with the regulations issued by the Company.
Article 9 – Working Hours
The Company will notify the Employee of the monthly schedule regarding lesson hours and office
hours. In general, the Employee’s teaching hours will not exceed 25 hours per week, Monday
through Friday. Weekend and or evening work may be required but not in excess of 6 hours per
June 2005 Version
Article 10 – Holidays
Holidays shall be days per 8-month contract. The Company will notify
the Employee of the holidays by the yearly calendar made by the Company. However, the Company
may change the schedule of the holidays for business necessity.
Article 11 – Paid Vacation
The Employee may receive 12-paid vacation days for the employment period under this Agreement.
Among the entitled days of paid vacation, SEVEN (7) days may be designated by the Company in
advance, under a separate agreement. The Company may change the paid vacation days intended to
be used by the Employee for business necessity or other unavoidable circumstances.
Article 12 – Sick Days
The Employee shall receive a maximum of 2 paid sick days for the employment period under this
Agreement in case that the Employee receives medical treatment from a physician.
Article 13 – Confidential Information
The Employee shall hold in confidence, and shall not disclose to any third party, any confidential
information of the Company, including but not limited to the know-how of teaching English
conversation and business operations whether he/she learns of it through work or other sources, and
shall not use such information for the benefits of the Employee or any third parties.
Article 14 – Reputation
The Employee shall not defame the reputation of the Company and the related companies, or the
School, or other employees or customers of the Company or the related companies.
Article 15 – Training
The Company will give the training to the Employee as follows:
1. Initial Training: Initial training will be given to the Employee to learn and acquire the skills for
teaching English conversation.
2. Retraining: Retraining will be given to the Employee when necessary to improve the skills for
teaching English conversation.
Article 16 – Term and Termination
The employment of the Employee under this Agreement shall begin on ________________ and end
on _________________, and the Agreement shall not be renewed automatically. Also, the
Employee shall have the responsibility, with the Company’s assistance, for obtaining a Designated
Work Visa from the government of China. This Agreement will be valid on the condition that the
Employee has obtained such visa and proved the obtainment thereof before ________________.
Article 17 – Probation Period
1. The Employee shall be on probation for the initial THREE (3) months of employment.
2. During such probation period, the Company may terminate this Agreement without being under
any obligations to the Employee if the Company determines, in its sole discretion, that the
Employee has not satisfactorily performed his/her duties hereunder by considering the attitude
in performing his/her duties of work, his/her behavior and other situations.
Article 18 – Termination of Agreement
1. The Company may terminate this Agreement in accordance with the following provisions at any
time for the employment period of this Agreement:
a) The Company may terminate this Agreement at liberty without any obligation to the
June 2005 Version
Employee if the Employee breaches any points stipulated in this Agreement, or the rules or
regulations, or misdeed or fault any points stipulated therein.
b) The Company may terminate this Agreement at liberty without any obligations to the
Employee if the Employee’s acts cause damage or loss to the Company or related
c) The Company may terminate this Agreement at liberty without any obligation to the
Employee if the Employee breaches any provision of the laws (including but not limited to
Immigration Control and Recognition of Refugee Status Law) of China, or the Employee is
arrested and charged on criminal grounds.
d) The Company may terminate this Agreement at liberty without any obligation to the
Employee if the Employee performs any act unbecoming a teacher.
e) The Company may terminate this Agreement at liberty without any obligation to the
Employee if the Employee loses the qualification of a Designated Work Visa.
f) The Company may terminate this Agreement out of necessity if any unavoidable
circumstances concerning he Company’s business arises.
2. During the employment period under this Agreement, the Employee may terminate this
Agreement by giving the Company written notification a minimum of TWO (2) months prior to
the termination date.
Article 19 – Loss or Change of Visa Qualification
In the case that the Employee loses or changes the qualification of his/her visa, the Employee shall
report it to the Company in writing immediately.
Article 20 – Governing Law
The validity, construction and performance of this Agreement shall be governed by and interpreted
in accordance with the laws and customs of <country>.
Article 21 – Arbitration
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
expert’s affairs in the State Administration of Foreign Experts Affairs and ask for final arbitration.
Article 21 – Integration
This Agreement sets forth the entire agreement and understanding between the parties as to the
subject matter for this Agreement and merges and supersedes all prior discussions, agreements and
understandings of any and every nature between the parties.
The parties have entered into this Agreement on _____________________________,
Company Representative (Signature)