Technical requirements: Browser & plug-in: Google Chrome / DaDaClass Adobe Flash Player (last version) Windows: Intel Core2 Duo/Pentium G series or above CPU; AMD Athlon 64X2 4400+ pr above CPU (no netbook or tablet). RAM:2GB or more Windows: Windows 7 only for stable Internet Explorer web browser: Version 9 or higher. Mac: Mac OS X10.7 or newer (no Ipad) RAM:2GB or more Safari : Version 5.1 or above Internet Speed: Minimum 2000 Kbps download and 1000 Kbps upload wired internet connection at 19:00(Beijing Time): Cable, DSL, or Fiber Optics (no wireless connection). Our company requires a wired connection to the modem or router during the interview and actual sessions. Webcam: Either built-in or preferably high quality Creative, Logitech, or comparable.
Headset: Microsoft LifeChat LX-3000 preferred, or any headset with sealed headphones and a swivel boom microphone (We recommend Logitech USB headsets). Party A employs Party B as an online English teacher in website www.dadaabc.com. You can use your mobile phone to visit http://www.dadaabc.com/mt.html to check your schedule in DaDaABC.
Fixed Contract Hours: 1. Party B will have a 40 working hours’ probation period. During the period, Party A has the right to dismiss Party B. Party B has the right to resign this job. Both parties need 3 days’ notice in advance. If Party B fails to do that, Party B has no payment for current month or last month. The salary of the probation period is the same as the contract time salary. It will be paid at the 15th of next month through cash collection or bank transaction. 2. No matter whether Party B has been arranged classes or not in the fixed time contract period, Party B is supposed to stand by in front of the computer with the teacher’s account logged in (the system will mark if Party B is online automatically). Besides, Party B should keep the phone open. 3. During the fixed contract time period, Party A has the right to arrange classes for Party B at any moment without extra confirm notification. Party B is supposed to check and keep refreshing the course schedule during the fixed time contract time period. Party B will receive text message when a new class is arranged. 4. During working time of Party B, Party A pays RMB/ hour as Party B's salary when Party B has classes. When Party B doesn't have classes more
than 30minutes (including 30 minutes ), Party A pays RMB/ hour (usually half of the hourly payment)as Party B's salary in contract hours. Monthly salary will be paid at 15th of next month through cash collection or bank transaction. The date may be postponed during the holidays. If choosing cash collection, Party B should come to Party A’s office to get the salary in person. If choosing bank transaction, Party B should provide the mainland China bank account information (No transaction fee). If Party B needs international transaction to transfer the salary to overseas bank account, Party B should be responsible for paying the international transaction fee (the fee is from 50 RMB to 250RMB per transaction depending on the amount of the salary. And there is also transaction fee of the receiving bank; Party B should be responsible for the fee). 5. Late and Absent: 5.1.
Party B should be punctual for contract hours. For example,if Party B's fixed contract hours begin at 7pm,Party B should login DaDaABC system at 7pm. If Party B login time record is late for fixed contract time period, punishment will be taken as follows: 5.1.1. Be late for two minutes: deduct 10% of your payment per hour. 5.1.2. Be late for three minutes: deduct 15% of your payment per hour. 5.1.3. Be late for four minutes: deduct 20% of your payment per hour. 5.1.4. Be late for five minutes: deduct 25% of your payment per hour. 5.1.5. Be late for six minutes: deduct 30% of your payment per hour. 5.1.6. Be late for seven minutes: deduct 35% of your payment per hour. 5.1.7. Be late for eight minutes: deduct 40% of your payment per hour. 5.1.8. Be late for nine minutes: deduct 45% of your payment per hour. 5.1.9. Be late for ten minutes: deduct 50% of your payment per hour.
5.2.
If Party B login time record is late for more than ten minutes, we consider that you are absent, punishment will be taken as follows: 5.2.1. Be late for more than ten minutes and less than thirty minutes: no payment and
extra 120RMB deducted. 5.2.2. Be late for more than thirty minutes: no payment and extra 120RMB deducted for
every thirty minutes , less than thirty minutes, calculated as thirty minutes.( For example, if you are late for 35 minutes, you have no payments for 1 hour and 240RMB will be ducted.) 6. About asking for a leave: 6.1.
If it is caused by force majeure factors, Party B can ask for a leave. It must be four hours earlier than the class time to inform Party A. If not, unless Party A agrees about the reason of the excuse, otherwise 120RMB for each 30min will be deducted from the payment. If it’s less than 30min, it will be calculated as 30min.
6.2.
Party B can also ask for sick leave, but Party B needs to provide the statement from the hospital to Party A the next day.
6.3.
If Party B asks for a leave more than or equal to 2 times or Party B doesn't work within 2 working days in one month (no matter what kind of factors caused, such as sick, technique problem and etc), Party A has the right to deduct 10% of Party B's salary of that month.
6.4.
The school will close during Chinese Spring Festival (usually 7days in Jan or Feb) and National Day (October 1st to 7th). There will be no classes. Party A doesn’t need to pay Party B salary during those periods. Party A will inform party B at least 7 days in advance about the school closing date and the number of days off.
6.5.
If Party B needs to ask for a leave except the factors stated above, Part B have to give Party A 20 Days notice in advance. The details, including the reasons, leaving date and coming back date, should be sent to
[email protected]. Party A will answer the request in two working days. If Party B doesn’t obey this rule and cause loss of Party A,
Party B should bear the loss as 120RMB for each 30 minutes. If it is less than 30 minutes, calculated as thirty minutes. It will be deducted in the payment. 6.6. 6.7.
Please note that there will be no payment when you are asking for a leave. After one year of this fixed contract time and you haven’t ask for a leave within one year , you are eligible to have a paid leave for 10 working hours. Please apply for this paid leave 60 days in advance.
7. About Equipment Failure: 7.1.
Party B must check his equipment before the class, such as webcam, headset, and browsers. If these things are not normal and cause the failure of the class, there is no pay for this class.
7.2.
If student has technique problem, leading to the failure of this class, Party B can still get payment of this class.
7.3.
If Party A has technique problem, leading to the failure of this class, Party B can still get payment of this class.
7.4.
Party B should inform Party A at least four hours earlier than your contract hours, if your local ISP will maintain fiber lines, otherwise, extra 120RMB deducted for every thirty minutes. If it’s less than thirty minutes, calculated as thirty minutes.
8. Working address is Party B’s fixed address. Party B can’t show his personal belongings in the classroom. 9. If Party B wants to change his working place, it needs 10 working days in advance to ask by Email to
[email protected]. At least 3 days forward to do the Internet test. If Party B changes the working place with no permission from Party A, Party B should bear the loss. 120RMB will be deducted for each 30min from his payment for instability of the internet. If it’s less than 30min, it will be calculated as 30min. 10. Party B should switch the mobile phone to vibration mode and turn off the television when teaching. Party B’s roommates should be silent and not using the internet during the class. Chatting and eating will be deemed to be serious disciplinary violations. Drinking water is allowed. Party A will warn Party B by Email for the first time and 20% salary of this month will be deducted. Party A can terminate the labor contract if it happens twice. If Party B needs to contact with DADAABC urgently by phone, this situation will not be included. 11. Party B should teach his students following the requirements of Party A strictly and finish the teaching goal of every student. Party B should take the teaching suggestions from Party A in order to provide a higher quality of work. If Party B can’t meet the requirements of Party A, Party A can train Party B about the teaching methods. After training, if Party B still can’t reach the teaching standard, it is seen as a serious breach so that Party A can terminate the labor contract with Party B. 12. Party B should teach the students that Party A arrange. Party B cannot refuse to teach a certain student based on personal preference. If Party B doesn’t obey this, Party B should bear the loss as 120RMB for each class. It will be deducted in the payment. 13. If Party B wants to increase or decrease his working time. It needs 30 working days in advance for Party B to apply for increasing or decreasing working time by sending e-mail to
[email protected]. It will be effective only after Party A’s agreement. 14. If Party B quits the job, Party B should return the equipment that Party A lent to Party B, such as webcam, headset, banner etc. If not returned, Party A will deduct the expense of the equipment in Party B’s salary. Webcam: 100rmb; Headset:100rmb; Banner:200rmb. 15. Party B must send a formal written notice to
[email protected] at least 30 days in advance if Party B wants to terminate the labor contract with Party A. Otherwise, Party A will consider Party B as absent for the rest of working days of that month. The penalty will be
120rmb for every 30min. If the penalty is more than the salary of that month, the penalty will be deducted from the salary of last month. 16. During the contract hours, Party B are not allowed to browse any webpages which is not related to DaDaABC. Otherwise Party B has no payment for this 30 minutes. If it is less than 30 minutes, it will be calculated as 30 minutes.
Outside of Fixed Contract Hours: If classes are not arranged within the fixed working time stated above, if Party B agrees to give the classes, these classes are defined as outside of fixed contract hours’ classes. Party A pays RMB/ hour as Party B’s salary. And this will be applied according to the clause of outside of fixed contract hours’ contract. 17. Late and absent for outside contract hours: 17.1.
If Party B is late for the class which is not in the fixed time contract period, punishment will be taken as follows: 1). Be late for two-three minutes: deduct 50% payment of this class. 2). Be late for four-five minutes: deduct 80% payment of this class. 3). Be late for six-ten minutes: no payment for this class but still need to finish this class. 4). Be late for more than ten minutes, Party A will consider Party B is absent for this
class. 17.2. 17.3.
If Party B is absent: no payment for this class and extra 120RMB per class will be deducted from payment. If student is absent, Party A should pay Party B 60% payment of this class.
18. About asking for a leave: 18.1.
If Party B cannot attend some classes outside of fixed contract hours, Party B can ask for a leave. It must be four hours earlier than the class time to inform Party A. If not, unless Party A agrees about the reason of the excuse, otherwise, 120RMB for each class will be deducted from the payment.
19. About Equipment Failure: 19.1.
Party B must check his equipment before the class, such as webcam, headset, and browsers. If these things are not normal and cause the failure of the class, there is no pay for this class.
19.2.
If student has technique problem, leading to the failure of this class, Party B can still get 60% payment of this class.
19.3.
If Party A has technique problem, leading to the failure of this class, Party B can still get 60% payment of this class.
19.4.
Party B should inform Party A at least four hours earlier than your contract hours, if your local ISP will maintain fiber lines, otherwise, extra 120RMB deducted for each class.
20. If Party B wants to change his working place, it needs 10 working days in advance to ask by Email to
[email protected]. At least 3 days forward to do the Internet test. If Party B changes the working place with no permission from Party A, Party B should bear the loss. 120RMB will be deducted for each class from his payment for instability of the internet.
Others:
21. 3G/4G internet is forbidden. (Once you are found using 3G/4G internet to give classes, you will be deducted 120 RMB per class. Our system will check your network records automatically.) 22. If following problems happen over 3 times within 7 working days, e.g. network problems and non-show up in classes. We reserve the rights to terminate your contract anytime. 23. When the network modification made by your local ISP impacts your internet speed, Party B can terminate your contract immediately. 24. During classes, your families or friends cannot download anything or watch videos online, which will affect your network speed. 25. During the class, please sit up straight. Please don’t lean on something. 26. The angle of the webcam should be adjusted till your shoulder and above can be seen. 27. Please click “Refresh” if you can’t see or hear the student, or the courseware is experiencing a loading failure. 28. Please click “class over” when you finish the class, and write down the page number you have taught immediately. 29. When student is too shy to speak, please try to guide the shy kid. Our Admin can’t help unless this is an IT problem. 30. When Party B is teaching, background should be a white wall or the banner of DaDaABC. 31. If Party B wants to give lessons in foreign countries (not in mainland China), Party B should buy VPN (astrill.com). Only when Party A approves and tests party B’s internet and teaching environment to meet Party A’ requirement, can Party B begin the give lessons. Party B cannot use VPN to give classes without Party A’s email confirmation. If the internet speed and teaching environment of Party B doesn’t meet Party A’s requirement, Party A has right to terminate the labor contract with Party B. 32. Party B is not allowed to leave the classroom when he is teaching. Communication tools should be changed to vibration mode, but Skype, QQ, Wechat or mobile phone should be kept in touch with DADAABC. During the teaching time, Party B should answer the messages from DaDaABC immediately. Party B must obey the teaching time on the contract. If Party B leaves the classroom with no permission from Party A, Party B needs to bear the loss of this class. If the circumstance is serious, Party A has the right to terminate the labor contract with Party B. 33. Party B should read the teaching notes carefully and finish the comments, assign homework and teaching progress within 24 hours, otherwise Party A won’t pay Party B for this class. 34. Party B guarantees to provide his resume, education, teaching experience and qualifications which are valid. According to the requirements of Party A, Party B needs to provide his teaching qualification and personal photos. If these things are not real or invalid, it should be a serious disciplinary violation. 35. Party B should keep his appearance neat and smart. Moreover, the light of classroom should be bright. If his individual environment cannot meet the requirements, Party B needs to adjust his working environment. 36. Party A provides a stable teaching platform for Party B. 37. Party A must obey the confidentiality obligations of Party B’s personal information.
38. Party B is not allowed to tell the students his personal details, including contact methods and working place. In order the guarantee the teaching quality, Party A has the right to observe and record Party B’s classes in Party A’s system. Party A has a duty to assess the teaching work of Party B in order that Party A pays the salary for Party B in accordance with this contract. 39. Party A is a training school for children. Party A has guaranteed customers for kind, active foreign teachers with integrity. Party B should provide high quality teaching, being patient, and always having a smile, keeping up good working spirits and professional ethics. 40. If Party B has any serious disciplinary violations, Party A has right to terminate the labor contract with Party B without any compensation.
Third: This agreement is signed by both Party A and Party B in triplicate. Both Party A and Party B hold one contract, the other one is saved by teaching administration. Fourth: Both Party A and Party B negotiate the missing matters together to solve the problems.