安陽師范學院人文管理學院外國專家管理制度A Regulation of Foreign Professionals Employed by Humanistic Management College of Anyang Normal University
A Regulation of Foreign Professionals Employed
by Humanistic Management College of Anyang Normal University
（2011年7月8日 人外字002號 訂）
第一章 總 則
Part One general principles
Article One The regulatory rule is enacted to maintain the dignity and legal rights of the People’s Republic of China and Humanistic Management College of Anyang Normal University, the seriousness of its foreign affairs, and safeguard the legal interests of the foreign professionals employed by Humanistic Management College of Anyang Normal University(the College, for short).
Article Two The general principle of employing foreign professionals is that qualified foreign professionals should be employed, in accordance with the College’s working schedule, its real needs of employee training and teaching affairs, in a view of international academic exchange.
Article Three The employment of foreign professionals begins from the major of the English language and literature, and then gradually expands to other majors including the Japanese language.
Article Four The foreign professionals shall teach courses to the undergraduates of the majors of the foreign languages and other major connected with foreign affairs in an aim to raise the foreign language proficiency of them.
Part Two Principles and Qualifications of Employment
Article Five The candidates who apply to the College shall meet all of the following qualifications:
（1） The candidates should be equipped with decent professional conducts, observation of Chinese laws, rules and regulations; they should be true to their professional obligations, and be willing to cooperate with the College under the friendly atmosphere with People’s Republic of China and its people.
（2）The candidates should be equipped with a bachelor’ degree and above, and an experience as an English instructor for more than one year.
（3）The candidates should be below 55 at the age.
（4）The candidates should hand in their resume ( full name, sex, age, nationality, professional experience in other countries, supreme academic degree, professional title, previous professional experience in China), an application letter, a recommendation letter, a copy of diploma, and a free healthy report.
Part Three Administration of Teaching Affairs
Article Six The foreign professionals must not be involved in illegal activities, must not interfere with the internal affairs of People’ Republic of China; besides, they should not be engaged in part-time jobs within and beyond the College unless authorized by the College.
Article Seven The foreign professionals, once employed, shall acquaint themselves with the educational guidelines, regulations of teaching affairs and targets for undergraduate development.
The Dean’s Office has the power to exercise its administration of teaching over the foreign professionals, and oblige them to be active in the teaching and research designed by the departments they are working with.
Article Eight The foreign professionals shall carry out their teaching activities in accordance with the College’s working plans, general and specific, and its syllabus; they are supposed to hand in their teaching schedule within the fourteen days after a new term begins.
Article Nine The foreign professionals shall be given no less than eighteen working hours. They should not cancel, change, rearrange or postpone the time and place of teaching. If necessary, they are supposed to make a written application under the regulation designed by Dean’s Office.
Article Ten The foreign professionals’ teaching shall be open to the observation and inspection on the part of the College’s head, Dean’s Office, Office of Teaching Promotion and foreign language teachers. Office of Teaching Promotion has the power to collect and make notes about the complaints by the undergraduates about the job of the foreign professionals; the complaints of the undergraduates may arise as a result of the foreign professionals’ being late, quitting ahead of schedule, violations of regulations of teaching and absence from duty.
Article Eleven The foreign professionals, when evaluated Good, shall be awarded spiritually or materially; they, when evaluated Bad or involved in failures of normal teaching, shall be given a warning. If the execution of their duty is not put in good order in the designated time limit, they will be unemployed in accordance with the employment contract.
Article Twelve The foreign professionals shall make contributions to academic journals in the People’s Republic of China and participate in the academic exchange held in the College.
Article Thirteen The foreign professionals shall be respected in religious faith, but not allowed to preach religion within the People’s Republic of China, not allowed to hand out the religious presswork including the Holy Bible, and not allowed to preach religion to the undergraduates.
Article Fourteen The foreign professionals shall be forbidden to ask undergraduates to fill in the foreign registration sheets and questionnaires. If really necessary, it must be first authorized by the College authorities before the very act of doing it.
The foreign professionals shall be forbidden to say something that runs encounter to the Four Cardinal Principles(the principle of upholding the socialist path, the principle of upholding the people's democratic dictatorship, the principle of upholding the leadership of the Communist Party of China, and the principle of upholding Marxist-Leninist-Maoist thought)
Article Fifteen The foreign professionals shall have for-teaching-use videos censored by Dean’s Office before making use of them in class; it is such videos as are useful to teaching, about information, scenery, story-telling that can be shown to the undergraduates. Illegal or filthy videos shall not be played to the undergraduates.
Part Four Aspects of Board and Lodging
Article Sixteen The foreign professionals shall be allowed to pay a visit to each other with the staff of the College in accordance with the regulation of the lodging management; the foreign professionals shall show their identifications while communicating and end visits by the time 22:30 p.m.
The foreign professionals, when necessary to accommodate the family members coming from abroad to visit them, shall be supposed to fill in the blanks and make an application to the College authorities (Office of Foreign Affairs and Division of Public Security ) and, keep the Bureau of P Public Security informed of it.
Article Seventeen The foreign professionals shall be cautious of preservation of their own valuable belongings, and aware that it is safe to give the money to the bank for keeping. They shall keep the door locked well while they are out and be back to the dormitory by 22:30 when out on business.
Article Eighteen The foreign professionals shall be well aware that the following deeds are forbidden to take place: smoking and alcoholism in public, illegal access to electrical appliances of ultrahigh voltage, storage of combustible materials and explosive devices and other hazardous articles, gambling and drug taking and practice of heresy.
Article Nineteen The foreign professionals shall confine their relationship with the undergraduates to the very mere field of teaching and learning; the association of any kind that has nothing to do with the very conduct of teaching.
Part Five Working Time, Rest and Vocation
Article twenty Foreign professionals are entitled to enjoy the following holidays.
New Year’s Day, Spring Festival, National Day and other Chinese legal holidays.
Article twenty-one Foreign professionals are entitled to enjoy the following holidays based on their nationality and religious beliefs. (In principle, holidays are not allowed if the employment period is less than half a year)
Two-day holiday on Christmas, Three-day holiday on Feast of the Sacrifice, one day on End of Ramadan and one day on Water Splashing Festival.
Article twenty-two Foreign professionals are entitled to enjoy one paid vocation (winter vocation or summer vocation) if the employment period is one school year.
Article twenty-three Foreign professionals are not allowed to work in China for more than five consecutive years, and there shall be an interval of at least two years before another employment.
Part Six Sick Leave and Private Affair Leave
Article twenty-four In working hours, foreign professionals are not allowed to leave without permission. Ask for the Foreign Affair Office’s permission if invited to participate activities outside.
Article twenty-five If unable to work, foreign professionals shall go through the procedure of taking a leave in light of the rules and report back from leave. Penalty shall be given if foreign professionals leave without permission. Certain offences are serious enough to warrant immediate discharge and claim compensation.
Article twenty-seven According to the doctor's diagnosis certificate, salaries will be paid 100% if the sick leave is less than thirty days in total in a contracted period (one year or one school year). The college has the right to terminate the employment contract if the sick leave is over thirty days; but if the contract is not terminated, the payment of salary might stop until the normal work is resumed.
Article twenty-eight In the contracted period, the medical costs in Taiwan, Hong Kong, and Macao and outside China clinics shall be paid by oneself.
Article twenty-nine Foreign professionals shall ask for the permission of director of the department, Foreign Affairs Office Director and vice principal to take a private affair leave. The payment during the private affair leave will be deducted by day. Daily pay is 1/30 of monthly pay (including February). If the contracted period is one year, the private affair leave in total shall be no more than ten days and consecutive private affair leave shall be no more than three days.
Article thirty Be away from work for one day without asking for a leave will lead to loss of three days’ payment. Certain offences are serious enough to warrant immediate discharge, and the college has the rights to hold the violators be responsible
Part Seven Payment Method
Article thirty-one Salary is paid in RMB.
Article thirty-two Pay-skimping and pay-defaulting is forbidden.
Article thirty-three Foreign professionals shall pay individual income tax in accordance with the Individual Income Tax Law of the People’s Republic of China.
Part Eight Salary Standard Basis
Article thirty-four Foreign professionals’ salary standard is based on the basic living expenses in China.
Article thirty-five Foreign professionals’ salary standard is based on the average salary of professionals doing same work in the same working place.
Article thirty-six Foreign professionals’ salary standard is based on the level of economic development and price level of the working place.
Article thirty-seven In strict accordance with the foreign cultural and educational experts’ minimum salary standard set by the State Administration of Foreign Experts Affairs and the State Ministry of Finance, and based on the real amount of job task, professional skills, educational level and credentials, the exact amount of monthly payment is set and reflected in the contract.
Part Nine Safety
Article thirty-eight Foreign professionals should observe the safety regulations of college. Problems such as water, electricity or gas should be timely noticed to supervisor or the Department of Foreign Affairs before any handling. It is the duty of the Department of Foreign Affairs to coordinate with relevant departments to solve the problem(s).
Article thirty-nine The staff of logistical department , together with members of the College’s Foreign Affairs Office and Security Division, have the power to go into the accommodations of the foreign professionals while they are out, because they need to conduct an preventive inspection of safety.
Article forty Without permission of the Department of Foreign Affairs, foreign professionals are not allowed to leave the college. Documents such as passports, certificate of foreign professionals are necessary outside the college. Trips are limited to legally-allowed areas on weekends or holidays.
Article forty-one Before leaving the college, foreign professionals should register the information to the Department of Foreign Affairs, such as destination, departing/returning date, means of transportation and contact. The cell phone should always be on for contact in case of emergency.
Part Ten Communication
Article forty-two The communication between foreign professionals and this college should be positive and friendly. No fishing for China’s classified information.
Article forty-three On occasions such reports, important festivals and great events, foreign professionals can participate with invitation for a better understanding of China.
Article forty-four Gifts or souvenirs presented by foreign professionals to the college staff value no more than 30 RMB. The receipt of gifts must be registered and permitted by the Department of Foreign Affairs.
Part Eleven The Conclusion of Employment Contract
Article forty-five The contract shall be formed as soon as the parties to it have reached a written agreement on the terms and have signed the contract. If the contract is reached by means of letters, the contract shall be formed only after the letter of confirmation is signed.
Article forty-six A contract shall in general contains the following terms:
- the names of the contracting parties and their nationalities;
- the date and place of the signing of the contract;
- the time limit, place and method of performance;
- the rights and obligations of the contracting parties;
- the amount and method of payment, and various incidental charges;
- liabilities for breach of contract;
- the ways for settling contract disputes;
- the language(s)in which the contract is to be written and its validity.
Article forty-seven Appendixes specified in a contract shall be integral parts of the contract and shall have the same legal effect as the text of this contract.
Article forty-eight The final contract of employment shall refer to the standard contract issued by the State Administration of Foreign Experts Affairs of China. The specific terms of the final contract shall be formed by negotiations of the contracting parties.
Article forty-nine In the contract the parties shall agree to provide a guaranty. The method and amount of guaranty may be negotiated by the parties.
Article fifty Contracts shall be void in any case of:
- Contracts that violate the law or the public interests of People’s Republic of China;
- Contracts that are concluded by means of fraud or duress.
Article fifty-one A party which is responsible for the invalidity of a contract shall be liable for the losses suffered by the other party as a result of the contract becoming invalid.
Article fifty-two The contract shall be terminated once it expires. If both parties consent for further cooperation, a new contract shall be formed elsewhere.
Article fifty-three The contracting parties may summit to the notary organs in China for notary of the contract when they think it necessary. They can also apply to the State Administration of Foreign Experts Affairs of China or the local administration of foreign experts for identification.
Part Twelve The Performance of Employment Contract and Liability for Breach of the Contract
Article fifty-four The contract shall be legally binding as soon as it is established in accordance with the law. The parties shall perform their obligations stipulated in the contract. No party shall unilaterally modify or rescind the contract.
Article fifty-five A party may temporarily suspend its performance of the contract if it has conclusive evidence that the other party is unable to perform the contract. However, it shall immediately inform the other party of such suspension. It shall perform the contract if and when the other party provides a sure guarantee for performance of the contract. If a party suspends performance of the contract without conclusive evidence of the other party’s inability to perform the contract, it shall be liable for the breach of contract.
Article fifty-six If a party fails to perform the contract or the performance of the contractual obligations does not conform to the agreed terms, which constitutes a breach of contract, the other party is entitled to claim damages or demand other reasonable remedial measures. If the losses suffered by the other party cannot be completely made up after the adoption of such remedial measures, the other party shall still have the rights to claim damages.
Article fifty-seven A party shall pay compensation equal to the losses suffered by the other party for the breach of the contract. However if such losses exceeds the compensation, the other party shall have rights to claim damages.
Article fifty-eight If both parties breach the contract, each shall be commensurately liable for the breach of contract that is its responsibility.
Article fifty-nine A party which suffers losses resulting from a breach of contract by the other party shall promptly take appropriate measures to prevent the losses from becoming severer. The reasonable part of expenditure for taking such measures shall be compensated by the other party. If the losses are aggravated as a result of its failure to adopt appropriate measures, it shall not be entitled to claim compensation for the aggravated part of the losses.
Article sixty The party which fails to perform wholly or in part its contractual obligations owing to force majeure shall promptly inform the other party so as to mitigate possible losses inflicted on the other party, and shall also provide a certificate by the relevant agency within fifteen days.
Article sixty-one If a party is prevented from performing all or part of its obligations owing to force majeure, it shall be relieved of all or part of its obligations. If a party cannot perform its obligations within the contractually agreed time limit owing to force majeure, it shall be relieved of liability for delayed performance during the aftereffect of the event.
Part Thirteen Modification, Rescission and Termination of the Contract
Article sixty-two A contract may be modified if both parties agree through consultation.
Article sixty-three In any of the following circumstances, a party shall have the right to notify the other party to terminate the contract at any time if:
(a) if the other party has breached the contract, thus adversely affecting the work requirements they expected to receive agreed upon in the contract;
(b) if the other party fails to perform the contract within the time limit agreed upon in the contract, and again fails to perform it within the reasonable period of time allowed for delayed performance;
(c) if all the obligations under the contract cannot be performed owing to force majeure;
(d) if the contractually agreed conditions for the rescission of the contract are present;
(e) In case either party asks to terminate this contract, it shall give a 30 day notice to the other party in writing, and the contract shall only be terminated after 30 days.
Article sixty-four A contract shall be terminated in any one of the following situations:
(a) If the contract expires;
(b) if the contract has already been performed in accordance with the agreed terms;
(c) if an arbitration body or a court has decided that the contract shall be terminated;
(d) if the parties agree through consultation to terminate the contract.
Article sixty-five Notices or agreements on the modification or rescission of contracts shall be made in written form.
Article sixty-six Modification, dissolution or termination of a contract does not deprive a party of the right to claim for damages.
Article sixty-seven The contractually agreed terms for the settlement of disputes shall not become invalid because of the rescission or termination of a contract.
Part Fourteen settlement of Foreign Professionals Employment Contract Dispute
Article sixty-eight If disputes over a contract develop, the parties shall, as far as possible, settle them through consultation, or through mediation. If the parties are unwilling to settle their dispute through consultation or mediation, or if consultation or mediation proves unsuccessful, they may submit the dispute to a Chinese arbitration body or any other arbitration body for arbitration. The arbitration award shall be in accordance with the arbitration clause provided in the contract or a written arbitration agreement reached by the parties.
If no arbitration clause is provided in the contract, and a written arbitration agreement is not reached afterwards, the parties may bring suit in a people’s court.
第十五章 附 則
Part Fifteen Supplementary Articles
Article sixty-nine The foreign affairs office is responsible for the interpretation of the contract.
Article seventy This contract shall take effect upon being signed by both parties and shall be automatically terminated upon expiration. Any outstanding matters (uncovered matters in the contract) shall be settled through the submission document(petition).