Party A shall pay Party B a monthly salary of us$500(SAY FIVE HUNDRED US DOLLARS ONLY).
Party A shall pay Party B a monthly salary of us$500(SAY FIVE HUNDRED US DOLLARS ONLY).
Party A shall pay Party B a monthly salary of us$500(SAY FIVE HUNDRED US DOLLARS ONLY).
第1题
第2题
A.A.which
B.B.where
C.C.who
D.D.whom
第3题
第4题
第5题
第6题
Contract Appendix of Employing Foreign Teachers
I.Work assignment
English teaching(listening,speaking,reading and writing)and conducting English comer.
Ⅱ.The salary treatment
1.Monetary salary 4500-5500 yuan/rnonth.The salary will be paid on the 15th of each month with RMB from the day of starting work to the expiration of the contract.In case the time is shorter than a whole month,the payment shall be counted by day。The daily wage shall be 1/30 of the monthly salary(the same with February).No more than 70%of the salary can be changed into foreign currencies monthly.The employed party shall pay the personal income tax in accordance with the Personal Income Tax Law of the People's Republic of China.
2.The host college pays 2,200 yuan for one year's contract for traveling or 1,100 yuan for half year's contract.
3.The medical expenses will be reimbursed by the host college if the amount is no more than 2,200 yuan per year or 1,100 yuan for half year's contract.
4.The host provides the employed with a flat free of charge with bedroom,sitting room, kitchen and bathroom as well as a set of fumiture,TV set,ffidge,washing machine,heater, and kitchen utensils.
5.The host provides the employed with a bicycle.If the bicycle is stolen or damaged, the employed is responsible to have them repaired and/or buy a new one.At the end of the contract the employed should return the bicycle to the host.
6.The host college provides the employed with telephone,computer and printer.The expenses of using telephone will be paid by the employed.
7.For the employed teacher whose period of stay for half a year the host college provides single international flight fare(international economy class for the nearest distance between China and the country of the employed party);for the employed whose period of stay for one year the host college provides double international flight fare(international economy class for the nearest distance between China and the country of the employed party).
Ⅲ. Work time, rest and holidays
1. The host college assigns the employed no more than 20 hours of teaching Monday through Friday each week and the employed works 5 days every week. If more work is to be assigned, the host college must obtain the employed agreement and pay him 40 yuan for each extra working hour.
2. The employed party is entitled to the following holidays and festivals in China: New Year's Day, Spring Festival, May Day, National Day and other holidays stipulated by laws and regulations.
3. The employed party is entitled to the following holidays and festivals according to his nationality: two days off for Christmas and one day off for the National Day of his home country.
4. The employed party under one-year contract is entitled to a four-week paid vacation. The employed party under half a year contract has no paid vacation.
Ⅳ. Sick leave and private affairs leave
1. Certificate from doctors for foreigners appointed by the host college should be presented when the employed party asks for sick leave. If the sick leaves amount to less than 30 days within one-year contract (15 days for half a year contract), the employed shall be paid with 100% of the salary. In case the leaves exceed 30 days, the host college has the right to terminate the contract.
2. Private affairs leave absence of the employed party shall be approved by the host college. The host college will deduct the salary by day. In case of absence from work without the host college's permission, three days' pay will be deducted for each day absent. For serious circumstances, the host college has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.
Ⅴ. The employed party's responsibilities
1. The employed observes the regulations of host college and the regulations for foreign teacher apartment.
2. Teach classes as designated by the host college.
3. Prepare individual lesson plans as well as teaching plan for semesters according to the host college teaching plans and textbooks.
4. Dress professionally. No shorts, vest or slippers in classrooms.
5. Start and end classes promptly. Notify the host college at least three hours ahead of time if unable to teach a class because of illness.
6. Spend time on preparing for classes, grading homework, preparing and grading exams, and other teaching-related activities.
7. Participate in conferences and meetings of the college.
8. Take blood test and physical examination as required by Chinese laws.
9. Keep the apartment tidy and clean. Pay for damages done to furniture inside the apartment.
Ⅵ. The probation period of the contract
The probation period of the contract shall be 30 days. In the probation period, if the host college finds out the employed party is unfit for the assignment specified in the contract for reasons of health or professional ability, the host college has the right to terminate the contract.
Ⅶ. Others
1. The host college responsible for renewing the employed visa or changing a tourist visa into a working visa, a residence card for foreigners, and a foreign expert certificate. The host college pay for all the costs involved. The employed party shall pay for all the costs involved in obtaining a visa to return to China if the employed is traveling outside of China on his own during holidays. The Public Security Bureau shall impose a fine if the employed visa is not renewed in time. If the delay is caused by the host college, then the host college shall pay the fine; if the delay is caused by the employed party, then the employed party shall pay the fine.
2. This appendix has equal validity of the standard contract and comprises an integral part of the contract.
(the signature of the host college) (the signature of the employed party )
年 月 日 month day year
第7题
Party A: Brainstorming Company Limited, (the employer)
Party B: Jim (the employee)
The duty of Party A: pay the employee at the rate of US $3000 per month and, in addition, compensate him for any other expense incurred by him when he is carrying out his duties.
The duty of Party B: agree to carry out the following duties, to negotiate with American authorities about the cooperation between Brainstorming group and business circles of the USA, to arrange for the visits of Steve Wang, president, and other executive to America, to act as authorized representative in any relating to the cooperation with America and to respond to any inquires from China parties.In this employment, the employee shall act honestly, laboriously and to the best of his ability.
Validity of the agreement: on January 1st , 2009.
第8题
a. The similarities between a note and a bill are as follows:
(1)The ______ of a note is same as that of a bill.
(2)The ______ of a note shall be deemed to correspond with the acceptor of a bill.
(3)The ______ of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
b. The differences between a bill and a note are as follows:
Bill
(1)A bill is an unconditional order to pay.
(2)A bill has three basic parties, namely drawer. drawee and payee.
(3)Where payable after date, a bill is generally accepted.
(4)An acceptance can be conditional.
(5)Before acceptance the drawer is primarily liable for payment, but after acceptance, the acceptor becomes primarily liable for payment.
(6)A bill can be accepted for honour.
(7)A bill can be drawn in a set.
Note
(1)A note is an ______.
(2)A note has two basic parties namely ____________.
(3)A note is ____________.
(4)A promise to pay can ______.
(5)A maker is always the party __________________.
(6)A note ______ accept for honour.
(7)A note ______ be drawn in a set.
第9题
Under the SCC Rules three arbitrators are appointed unless the SCC Institute decides, at its discretion, that the arbitral tribunal should consist of a sole arbitrator. However the parties may agree otherwise. Each party appoints one arbitrator and the SCC Institute the third who will act as chairman of the arbitral tribunal, unless the parties have decided otherwise. There is no list of arbitrators but the parties may appoint any person of any nationality as arbitrator, as long as he is impartial and independent.
The parties may be represented or assisted by any person of any nationality in the proceedings.
The parties are also free to agree on :
·The place of arbitration
·The language to be used in the proceedings
·The law, or rules of law, to be applied to the substance of the case
The arbitrators act on the basis of presentations-both oral and written-submitted by the parties.
The award shall be rendered within six months and no appeal is permitted on the merits .
Claimant files its request for arbitration, appoints an arbitrator and provides the registration fee
The request for arbitration shall include the names and addresses of the parties and their counsel, a summary of the dispute, a preliminary statement of relief sought, a copy of the arbitration agreement and, the name and address of the appointed arbitrator.
The request may be faxed to the SCC Institute or sent by e-mail. However, if the request is extensive, paper copies are preferred. In such case, the request should be submitted in five copies.
At the same time as the request for arbitration is filed, the claimant shall pay a registration fee.
SCC Institute
The SCC Institute makes a preliminary check on its jurisdiction and, if the registration fee is provided, notifies the respondent.
Respondent submits its reply to the request for arbitration and appoints an arbitrator
The reply shall include comments on the request and the name and address of the appointed arbitrator. Furthermore, the respondent should submit any counterclaim or set- off claim and any objections regarding jurisdiction. The reply may be brief.
Failure from the respondent to submit a reply does not prevent the SCC Institute from proceeding with the arbitration.
SCC Institute appoints a chairman and determines the advance on costs
If the respondent fails to submit its reply, or if' the reply does not contain any information regarding an arbitrator, the SCC Institute appoints an arbitrator on the respondent's behalf.
Furthermore, apart from appointing the Chainnan and determining the Advance on Costs , the Institute decides the place of arbitration, should the parties not have determined it already.
Should the parties have decided another procedure regarding the appointment of the chairman, the SCC Institute will consider such decision.
Following the above said decisions the SCC Institute requests the parties to provide the advance on costs.
Claimant provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, Lhe parties are asked to provide the advance on costs with half each. Should the respondent fail to provide its part of the amount the claimant will be asked to provide the entire amount.
Respondent provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, the parties are asked to provide the advance on costs with half each. The respondent may not pursue a counterclaim wiLhout providing an advance on costs.
SCC Institute refers the case to the arbitral tribunal
Following the payment of the advance on costs, the case is referred to the arbitral tribunal.
The arbitral tribunal
The manner of conducting the proceedings is determined by the arbitral tribunal in compliance with the conditions set down in the arbitration agreement and the SCC rules. Due account is taken to the wishes of the parties.
Unless the parties have agreed on the language to be used in the proceedings, the arbitral tribunal will, after consultation with the parties, make such decision.
Unless the parties have agreed which law, or rules of law, shall apply to the merits of the dispute, the arbitral tribunal will apply the law, or rules of law, that it considers to be most appropriate.
The arbitral tribunal requests the claimant to submit a statement of claim. The respondent will be requested to submit a statement of defence.
Claimant submits its statement of claim
The claimant shall submit a statement of claim, including the following (unless already submitted) :
·The relief sought
·The material facts and circumstances
·A preliminary statement of evidence
The claimant may amend its claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendment, the prejudice that may be caused to the other party or other circumstances.
Respondent submits its statement of defence
The respondent shall submit a statement of defence, including the following (unless already submitted) :
·A statement as to whether the respondent denies or accepts the relief sought by the claimant
·The material facts and circumstances
·Any counterclaim or set-off claim and the grounds therefore
·A preliminary statement of evidence
The respondent may amend its counterclaim or set-off claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendments, the prejudice that may be caused to the other party or other circumstances.
The arbitral tribunal summons the parties to a hearing
An oral hearing shall be arranged if requested by either party, or if the arbitral tribunal considers it appropriate. The arbitral tribunal shall determine the time for the hearing, its duration and how it is to be organized, including the manner in which evidence is to be presented. When planning the hearing, the arbitral tribunal shall take into account the wishes of the parties.
At the hearing the parties shall, at the request of the arbitral tribunal, state the evidence on which they intend to rely.
Despite a party's failure to appear at the hearing, the arbitral tribunal may decide to continue the hearing and render an award.
The arbitral tribunal renders an award
An award shall be rendered not later than six months as from the date when the case was referred to the arbitral tribunal.
At the request of a party, a separate issue or part of the matter in dispute may be decided in a separate award.
If a party withdraws a claim the other party may request the arbitral tribunal to rule on the claim. A condition for such ruling is that the party requesting the award has paid an advance on costs.
When rendered an award is final and binding for the parties.
Questions for reading :
第10题
There __________ a birthday party this evening.
A、will
B、shall
C、will be
D、shall be
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