EMPLOYMENT AGREEMENT OF SCHOOL
PRINCIPAL 学校校长聘用协议 Employer: International School (herein called
school):
SPAN> TABLE OF CONTENTS 1. Employment 聘用 2. Compensation 薪资 3. Accommodation Subvention食宿津贴 4. Medical Insurance 医疗保险 5. Leave and Vacation请假与休假 6. Registration 注册 7. Suspension and Dismissal 停职与解雇 8. Termination合同终止 9. Conditions of Employment 聘用条件 10. Outside Employment 校外聘用 11. Written Agreement 书面协议 12. Severability 条款分割性 13. Dispute Resolution 纠纷调解 14. Governing Law适用法律 THIS AGREEMENT is hereby made between the International
School (herein called school) and Mr.
Raymond, on this day of . 此份协议由教育有限公司(简称学校)与Mr.
Raymond在日拟定。 WHEREAS: 鉴于 School wishes to employ Mr. Raymond and Mr. Raymond wishes to
be employed by school as the Principal of International Schools on
the terms and conditions set out below. 学校同意聘请Mr.
Raymond且Mr.
Raymond愿意受聘于学校作为校长并接受以下条款内容。 1. Employment 聘用 1.1 Term 期限 School hereby employs Mr. Raymond as the Principal of
International Schools (herein called the Principal) for a term of
two years, commencing on the day of up to and including the last day of (the“Term”). 学校聘请Mr.
Raymond为国际学校的校长,聘用期限为两年,时间为日至日。 1.2 Principal’s Duties
校长职责 The Principal (Mr. Raymond) shall provide to school his
services as described in the Conditions of Employment as listed in
the attached. Mr. Raymond will be directly accountable to and
report directly to Ms. Huangpu. He will provide additional services
as may from time to time be identified by Ms. Huangpu. 校长应为学校履行附件聘用条件文件中所描述的条款内容。校长直属皇浦女士,直接向皇浦女士汇报工作,并根据皇浦女士的指示完成其他指定的任务。 Subject to performance of the Services and the terms of this
agreement, the Principal shall be entitled to receive compensation
directly from school in accordance with Clause 2 of this
agreement. 根据条款的执行情况,校长有权获得学校支付的条款2所涉及的薪资。 2. Compensation 薪资 2.1 Calculation of Basic Compensation 基本薪资 The Principal shall be entitled to a basic compensation,
payable in accordance with Section 2.5 below (the “Basic
Compensation”). Basic Compensation will be RMB for the first year from to for the
second year covered in the Term of this agreement.
校长享受基本薪资,依据基本薪资的2.5条款,基本薪资在协议期间第一年从月至月为人民币,第二年为人民币。 2.2 Contract Bonus (Gratuity)合同完成奖金 If the Principal has performed the Services of the Term and
completed all of the terms of this Agreement, the Principal shall
also be entitled to receive 10% of the Basic Yearly Compensation as
specified in section 2.1 (the “Gratuity”). The Gratuity will be
paid on the yearly anniversary date of the contract. In the event
the Principal is dismissed or voluntarily terminates his employment
prior to the end of the Term, the Principal will not be entitled to
receive the Gratuity. 如校长在协议期间履行所有条款内容,校长将获得条款2.1所提及的年基本薪资的10%作为合同完成奖金,合同完成奖金每满周年支付。如果期间校长被解雇或自动离职,此奖金将不被享受。 2.3 Existing Contract现有合同 This agreement serves to dissolve and replace the existing
– year contract. By mutual agreement the contract
bonus as specified in the previous contract is to be paid in full
prior to . 此协议将取代和覆盖之前签订的年至年的合同,经双方协商同意,之前合同提及的合同奖金将于年1月1日前全额支付给校长。 2.4 Personal Taxation and Total Compensation for Tax
Department Reporting 个人税收与薪酬报告 In addition to Basic Compensation, Contract Bonus, and any
taxable portion of housing allowance, the Principal acknowledges
that for purposes of reporting to the Chinese taxation authorities,
the Principal may receive from school a
convener allowance, compensation for summer school teaching, or
other additional income (collectively, the “Total Compensation”).
It should be noted that these additional amounts are not, however,
part of Basic Compensation for the purpose of calculating the
Gratuity. 除了基本薪资,合同完成奖金,及其他住房应税津贴,校长需要知道所有收入需要向中国税务机关申报,校长有机会获得召集津贴,暑期教学报酬,额外收入等其他津贴及奖金(总称为总收入)。需要指出的是,这些额外的收入不计入基本薪资内,不作为合同完成奖金的基本薪资基数。 School will deduct from each pay entitlement the appropriate
amount of income tax and forward that to the taxation authorities
on behalf of the Principal. 学校支付给校长的工资会被扣除税收部分,并以校长交名义交到税务局。 2.5 Payment Schedule for Basic Compensation 基本薪资支付 Basic Compensation for the Principal shall be payable
in:校长基本薪资支付如下: (i) Twelve installments in the amount of RMB hroughout the first year of contract,
commencing . (ii) the same schedule for the second year. Twelve
installments in the amount of RMB commencing . 合同期间第一年从日开始,分12个月支付,每月支付人民币元 合同期间第二年从日开始,份12个月支付,每月支付人民币元 2.6 Travel Expenses旅行津贴 Schoolwill provide 6
round-trip tickets: 2 initial flight tickets, 2 round trip ticket
every year and 2 return flight tickets at the end of the
contract. 在合同期间,学校为校长提供6张往返家乡的机票(经济舱),入职的时候从家乡到的2张机票,每年2张往返机票,合同结束后2张从返回家的机票。 3. Accommodation Subvention食宿津贴 In addition to the Basic Compensation, RMB per month is provided for each month of
the contract to defray accommodation expenses. 除基本薪资外,每月享有人民币元的食宿补贴。 4. Medical Insurance
医疗保险 School will pay the premium for the Principal and his Spouse,
to belong to a basic group medical insurance plan provided by an
internationally recognized quality insurance provider. 学校为校长及其夫人购买一个基本的团体医疗保险计划,该计划需由具有国际品质的保险公司提供 5. Leave and Vacation请假与休假 5.1 The Principal is entitled to 2 days paid sick leave per
month, not to exceed 15 days in a school year. All claims
for sick leave of more than 2 consecutive days, or when a sick day
occurs directly prior to or following a school holiday, require a
certificate issued by a qualified physician. 校长每月享有2天的病假,一学年不超过15天。请病假连续超过2天,以及在学校延续假期前后请假的需要由正规医院的医生出具有效就诊证明。 5.2 The Principal shall be entitled to carry forward unused
sick leave to a maximum of 30 days which can only be used as sick
leave in the event of illness. 校长可以累积病假,不超过30天,只能用为生病事由。 5.3 The Principal is entitled to the same vacation time as
per the operation calendar of the Canadian International School,
with the exception that the Principal shall commence his duties
five to ten working days prior to the commencement of classes for
each school year in accordance with the requirements of the School
calendar. 校长享有在校学生同样的假期,根据学校每学年校历的安排,校长需履行职责,在每学年开始课程前工作5至10个工作日。 5.4 The Principal is entitled to a maximum of 5 days leave
per school year, for the purpose of personal or professional
development. 校长享受每学年不超5天的假期,用于私人事务或专业进修 5.5 The Principal is entitled to a maximum of 5 days of paid
compassionate leave and up to an additional 5 days of unpaid
compassionate leave in the event of the death or critical illness
of a family member. 如果有家庭成员死亡或者患有严重疾病,校长享有最多5天的带薪探亲假和额外的5天无薪体恤假。 6. Registration 注册 The Principal shall be registered as a Principal with the
Guangdong Education Department, in accordance with the appropriate
legislative requirements and shall hold a valid permit from the
Education Department during the Term of this agreement and a valid
work permit authorizing the Principal’s employment.
校长必须在教育部门取得校长资格注册,按照相关法律文件要求,在此协议有效期内获得教育部门认可有效的有相关资格证。 7. Suspension and Dismissal
停职与解雇 7.1 This agreement will be terminated with immediate effect
if the Education Department has cancelled or revoked the
Principal’s permit or if the work permit of the Principal has been
revoked. 如果教育部门已撤销或者吊销了校长资格证的或者校长的资格证被吊销的,此份协议将会终止。 7.2 In addition to any grounds for suspension or dismissal at
law, the Chairperson of the Board (Chair) shall be entitled to
suspend the Principal from his position on any one of the following
grounds: 在法律停职解雇的范围外,在以下情况,董事会主席有权对校长采取停薪停职: (i) if it appears to the Chair that the Principal has behaved
in such a manner as to constitute professional
misconduct; 如果董事会主席发现校长有不当行为时; (ii) if it appears to the Chair that the Principal is
professionally incompetent; 如果董事会主席发现校长专业能力有限时; (iii) if the Principal is medically unfit, as certified by a
medical practitioner and unable to consistently perform him
duties. 如果校长体检不合格,经医生诊断无法持续履行职责时。 7.3 The Chair shall, on suspending the Principal, notify the
Principal in writing of the reasons for suspension and make a
report in writing and present the report to the Principal within 5
days of the suspension. The suspended Principal shall have
the right to a hearing before the Board by giving notice in writing
to the Board requesting a meeting of the Board, and the Board shall
hold a meeting within 10 days of the date of receipt of the notice.
If the Board reinstates the Principal, restitution of lost
salary will be made to the Principal. 董事会主席对校长采取停职处理时,需要出具书面理由,并在停职5天内以书面形式告知校长。停职校长有权在开董事会发布开会通知前听证,董事会需要在接到通知的10天内召开会议。如果董事会决定校长恢复原职,校长会获赔停职期的薪水。 7.4 The decision of the Board shall be final and conclusive,
and be made in writing within seven days from the date of the
hearing. 董事会的决定将成为最终裁定结果,结果需要在开听证会起的7天内以书面形式通知。 8. Termination合同终止 The employment of the Principal shall terminate on the
expiration of the Term or such earlier termination in accordance
with clauses 7 and 8.2. 校长合约期满终止合同或依照条款7与8.2提前终止合同。 8.1 Renewal of Contract 合同续签 It is the responsibility of the Principal to advise school in writing four months prior if he does
not wish his contract renewed beyond the agreement Term. It
is the responsibility of school to advise the Principal in writing
four months prior if the school does not intend to renew the
Principal’s contract beyond the agreement Term. 如果合约期满后校长不愿意继续签合同,校长需要提前4个月以书面形式通知学校。如果校方不愿意与校长续签合同,需要提前4个月以书面形式通知校长。 If the Principal fails to provide notice as specified above,
a penalty of 10% of the Contract Completion Bonus will be deducted
for each month or part thereof for which the Principal fails to
give notice up to a maximum of 40% of the Contract Completion
Bonus. 如果校长没有如上述规定通知学校的,10%的合同完成奖金将会从每个月扣除或不超过合同完成奖金的40%的部分扣除。 If school fails to provide notice as specified above, school
will pay the Principal 10% of the Contract Completion Bonus for
each month or part thereof for which it fails to give notice up to
a maximum of 40% of the Contract Completion Bonus. 如果学校没有如上述规定发出通知,学校须每月支付校长10%的合同完成奖金或者不超过合同完成奖金40%的部分赔偿 8.2 Early Termination 提前终止协议 Same as provided in Clause 7 hereof, school may terminate
this agreement prior to the expiration of the Term by giving four
months written notice to the Principal or by payment of 40% of the
annual Basic Compensation in lieu of said notice. In this
event, the Contract Bonus will be paid on a pro-rata
basis. 与条款7相同,学校须提前4个月以书面的形式通知校长或给予校长年基本薪资的40%为补偿,可以在合同期满前终止此份协议。此种情况下,合同完成奖将根据比例支付。 9. Conditions of Employment 聘用条件 The Principal and school agree that in addition to the
provisions herein, this agreement and the employment of the
Principal shall be subject to any rules, guidelines or by-laws as
may be set by the Board of Principals or the Principal of
school. 除此协议规定外,校长与学校双方同意,此份协议与校长的雇佣条款必须遵守学校董事会或者学校负责人制定的条例,指南与章程。 10. Outside Employment
校外聘用 The Principal must obtain prior written approval from the
Board of Principals before accepting outside employment including,
but not limited to such things as lecturing, tutoring, music
lessons, coaching of sports, or other work for which remuneration
is received. 校长接受校外聘用前必须取得董事会书面许可,包括但不限于演讲,辅导,音乐课,体育教练以及其他取得报酬的类似活动。 11. Written Agreement
书面协议 This agreement shall constitute the entire agreement between
the parties and shall replace or supersede any prior agreements, in
writing or otherwise, made between the parties hereto, and shall be
in full force and effect for the Term stated herein unless
otherwise terminated, modified or extended in accordance with the
provisions herein or by agreement in writing between the
parties. 此协议是双方达成的协议,可以取代或终结任何先前的协议,书面形式的或其他由双方达成的,具有完全效用,除非双方达成书面意向或者在前述协议上终止,修改或者延续的情况下例外。 In the event of any interpretations of terms and/or
conditions, including issues arising from contract translations
into other languages, both parties agree that the terms and/or
conditions of this agreement in English shall have
precedence. 条款的理解问题,包括合同翻译为其他语言产生的理解问题,双方达成共识的此份协议英语条款具有优先执行权。 12.
Severability 条款分割性 The invalidity or unenforceability of any provisions herein
shall in no way affect the validity or enforceability of any other
provisions. 于此的任何无效或不可执行条款将不影响其他条款的效力和执行。 13. Dispute Resolution
纠纷调解 Any dispute arising out of or relating to this agreement
shall be resolved amicably through negotiations and, if this
process fails, then the parties agree to use mediation to resolve
any disputes. If mediation fails, the parties then agree to use
arbitration for dispute resolution by use of a sole arbitrator in
China. 任何关于本协议产生的争端通过协商解决,如果协商未能解决,双方同意中介协调,如果中介协调失败,双方通过中国的独任仲裁员仲裁解决分歧。 14. Governing Law适用法律 This agreement shall be governed by and construed in
accordance with the laws of China. 此协议以中国法律为基础,并由依据中国法律进行解释。 IN WITNESS WHEREOF the Principal and school have set their
signatures the day and year first set forth above. 兹证明,本协议由校长与学校双方在上述约定日期签订。