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interim measures for the administration of employ-foreign experts working in the

favorite        Print      2008-03-31 14:08:42.0

CHAPTERⅠTHE CONCLUSION OF CONTRACTS
Article 1 A contract is formed as soon as the parties have reached a written agreement is reached by communication via correspondence, and one party requests a signed letter of confirmation, the contract shall be formed after the letter of confirmation is signed.
Article 2 The following particulars shall be specified in the contract:
⑴ the name and nationality of the parties;
⑵ the date and place of the signing of the contract;
⑶ the time period place and method of performance;
⑷ the rights and obligations of the parties;
⑸ the amount of salary method of payment living arrangements medical care and so on;
⑹ the liabilities for breach of contract;
⑺ the ways for setting contract disputes;
⑻ the languages in which the contract is written and their validity;
Article 3 Appendixes specified in a contract shall be integral parts of the contract and have the same validity as the contract.
Article 4 In concluding contract a party shall conclude the employment contract which is apt to the practical situation of the two parties and also the specific terms through consultation with the reference to the Standard Employment Contract for foreign experts working in the cultural and educational fields.
Article 5 In the contract the parties shall agree to provide a guaranty The mode and amount of guaranty shall be decided by both parties.
Article 6 A Contract shall be invalid if any lf the following situation exist;
⑴ if the contract breaches the laws and decrees of the People is republic of China and/or the public interests.
⑵ if the contract is concluded by means of cheat and/or threat.
Article 7 The liability of one party to pay compensation for the invalidity of a contract shall be equal to the loss suffered by the other party as a consequence of the invalidity.
Article 8 The contract is terminated when it has already been performed in accordance with the terms. A new contract shall be concluded if both parties agree to continue cooperation.
Article 9 The parties may, if they deem it necessary, have the employment contract notarized by the notary office China, or apply to the State Administration of Foreign Experts Affairs or the local department in charge of foreign experts affair for testimonial of the contract.


CHAPTERⅡTHE EXECUTION OF A CONTRACT AND THE LIABILITY FOR THE BREACH OF A CONTRACT
Article 10 A 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 .Any one of the parties shall not unilaterally modify or rescind contract.
Article 11 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 in-party provides a sure guarantee for performance of the contract , the contract shall be executed. If a party suspends performance of the contract without conclusive evidence of the other party is inability to perform the contract, it shall be liable for breach of contract;
Article 12 if a party fails to fulfill the contract or performance of the contractual obligations does not conform to the agreed terms which constitutes a breach of contract, the other party is entiltled to claim damages other reasonable remedial measures. If the losses suffered by other party cannot be completely made up after the adoption of the remedial measures, the other party shall still have the right to claim damages.
Article 13 if one party breaches the contract, it shall pay a certain amount of compensation to the other party. However, if the compensation is insufficient to compensate for the losses resulting from the breach, the party concerned has the right to claim compensation.
Article 14 if both parties breach the contract, each shall be commensurately liable for the breach of contract.
Article 15 When one party suffers losses because the second party breaches the contract, the first party shall take immediateaction to prevent further losses. A reasonable part of the losses shall be paid by the second party . if the losses are aggravated because of the failure to take measures promptly. It shall not be entitled to claim compensation for the aggravated part of the losses.


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