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博士后工作合同（英文版）

2016-09-03 13:42阅读：

http://blog.sina.cn/dpool/blog/u/1303258702

博士后工作合同（英文版） CONTRACT FOR POSTDOCTORAL FELLOWS

Party A (Mobile postdoctoral station or college): 甲方（博士后流动工作站或大学）
Party B (Tutor): 乙方（导师）
Party C (Postdoctoral Fellow): 丙方 （博士后）

TABLE OF CONTENTS
I. Term of Contract 合同一般条款
II. Duties of Party A, Party B and Party C 各方义务
III. Salary, Welfare, Social Insurance and Housing Benefits for Postdoctoral Fellows
工资、福利、社保及住房补贴
IV. Review on Postdoctoral Fellows 对博士后的年度考核
V. Modifications, Termination and Dissolution of Contract 合同的变更、终止和解除
VI. Dispute Settlement 争议解决方式
VII. Supplementary Rules 其他约定

Type and No. of Identity Certificate: ______
In accordance with the State’s and local relevant laws, regulations, policies and other provisions, and on the basis of equality, free will and negotiated consensus, Party A, Party B and Party C make and enter into the following contractual provisions to jointly comply with and perform them. After Party C passes the physical check as stipulated by Party A and the application materials passes the approval of the Shanghai Human Resources and Social Security Bureau, the Contract will be automatically effective.

I. Term of Contract 合同一般条款
The term for Party C to carry out postdoctoral research work in the University is two years with the contractual term from ___(month)____(day)____(year) to ___(month)____(day)_____(year), and in general Party C isn't allowed to delay in leaving the station. If Party C needs to leave the station for work reasons, Party C shall obtain Party B’s consent and submit the materials to the station and the Administration Office of the Division of Human Resource for approval and filing, not later than three months in advance, and the time for extension shall not exceed one year.

II. Duties of Party A, Party B and Party C 各方义务
(1) According to the State’s relevant provisions, Party C applies for carrying out the postdoctoral research work at Party A’s premises, and Party A plans to agree to accept Party C. Party A designates Professor ____(Party B) to act as Party C’s tutor, who is responsible for contacting Party C when working at the station and assists Party A in professional guiding and ordinary administration of Party C.
(2) Major contents and expected goals of the postdoctoral scientific projects within two-year term of work agreed upon between Party B and Party C through consultations shall be implemented pursuant to the University Agreement on Postdoctoral Fellow’s Working Plan.
(3) Party B will, according to actual situation of the station at which Party C works, provide Party C with corresponding working conditions for scientific research, and guide and inspect Party C’s work.

III. Salary, Welfare, Social Insurance and Housing Benefits for Postdoctoral Fellows
工资、福利、社保及住房补贴
(1) Party B recruits postdoctoral fellows and raises funds by himself/herself. Party B agrees to pay Party C an amount of RMB ___(including allowances granted by the University) as the postdoctoral fellow’s salary during the period from ___ (month)___(year) to ___(month) ___(year). In detail, 80% of the salary will be paid by monthly average method, and postdoctoral fellows qualified in the annual review are to be paid the remaining 20% at the end of the year on a one-time basis. In addition, postdoctoral fellows who get “Excellent” in the annual review are to be awarded RMB 4,000 by the University, and those who get “Good” in the annual review are to be awarded RMB 2,000 by the University. Where any postdoctoral fellow who has worked for two years arbitrarily continue to stay at the station without obtaining the consent by the college, the station and the Division of Human Resources, the second year’s award for the review will no longer be granted. The postdoctoral fellow who fails in the review is required to retreat from the station.
(2) If Party C needs to extend his/her stay at the station for work reasons, after Party A and Party B reach an agreement and the University approves, the salary, welfare and social insurance during Party C’s stay shall be paid out of Party B’s scientific research funds.
(3) During the validity term of the Contract, if Party C proposes to retreat from or arbitrarily leave the station, Party C shall be deemed to breach the Contract. The costs for the period when the postdoctoral fellow who retreats from or arbitrarily leaves the station, including the salary, is staying at the station shall be paid by Party B. The University will take back all the allowance given to the tutor for the purpose of such postdoctoral fellow.
(4) According to the provisions in relevant regulations of Shanghai Municipality, the University shall pay social insurance for Party C. The insurance for postdoctoral fellows of foreign nationality shall be implemented according to the standard for overseas students for a degree in the International Education College.
(5) The Division of Assets Administration of the University will, according to Party C’s detailed situation, provide Party C with corresponding apartment for postdoctoral fellows. The details of the administration shall be implemented in accordance with the University Articles of Administration of Apartments for Postdoctoral Fellows.

IV. Review on Postdoctoral Fellows 对博士后的年度考核
Party A will conduct the annual review and the review when Party C leaves the station on Party C in accordance with the University Provisions of Review on Postdoctoral Fellows.

V. Modifications, Termination and Dissolution of Contract 合同的变更、终止和解除
(1) Relevant contents herein may be modified or terminated upon agreement by Party A, Party B and Party C through consultations.
(2) Where there has been any change in the laws, statutes, regulations and policies on which the Contract was based when entered into, relevant contents herein shall be modified according to law.
(3) Where this Contract needs to be modified, Party A, Party B and Party C shall sign a Letter of Contract Modification according to the stipulated procedures to determine in writing the contents in the modifications of the Contract.
(4) The Contract will be automatically terminated when Party C completes in going through the formalities of leaving the station upon expiry of his/her working period.
(5) During the period when Party C works at the station, Party A may unilaterally dissolve the Contract in one of the following circumstances:
1. Party C fails in the annual review.
2. Without obtaining the agreement by Party A and Party B, Party C arbitrarily goes abroad or delays in returning to China.
3. Party C retreats from or arbitrarily leaves the station.

VI. Dispute Settlement 争议解决方式
Where there is any dispute arising among Party A, Party B and Party C for the reason of implementing the Contract, the dispute shall be settled through consultations among the three parties. Any party may also, within 60 days after the day when the dispute arises, apply to the arbitration commission having competent administration for arbitration; any party who objects to the arbitration award may, within 15 days after the arbitration award is received, institute a lawsuit to the Basic-level People’s Court where Party A resides or where the Contract is implemented. Where a party fails to institute a lawsuit or to implement the arbitration award within prescribed time, the other party may apply to the People’s Court for implementation.

VII. Supplementary Rules 其他约定
(1) Party C shall be acquainted with and strictly comply with relevant regulations and systems in the University concerning the administration of postdoctoral fellows. In the case of any breach, Party C shall be subject to relevant provisions.
(2) The Contract is made in five copies, each of which is to be held respectively by Party A, Party B and Party C. One copy is to be filed in the Administration Office of Postdoctoral Fellows of the Division of Human Resources, and one copy is to be filed in Party C’s personal records.
(3) The Contract is effective as of the day when Party A, Party B and Party C sign on it, and Party A, Party B and Party C shall carefully implement it.
(3) The currency referred to herein is Chinese Yuan (RMB), and the salary and welfare referred to are in the before-tax amount.

Party A (Signature/Seal) Party B (Signature) Party C (Signature)

Signature date: Signature date: Signature date:

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