Dưới đây, VTJ hân hạnh gửi đến các nhà tuyển dụng một mẫu hợp đồng thuê giáo viên nước ngoài cơ bản. Trong này bao gồm các điều khoản và mô tả về chi tiết công việc,  cách thanh toán lương, các quy định liên quan đến công việc của một giáo viên tại trường/ trung tâm và một số vấn đề pháp lý theo sau. 

Mẫu hợp đồng thuê giáo viên nước ngoài (mới nhất 2021)

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness 

—- o0o —

PARTY A

CONTRACT ARRANGEMENT FOR ……………….. POSITION

EMPLOYER:

Address :

Tel   :          

Representative:                                                                             Position: 

PARTY B:  

Date of birth :        
Nationality:

Passport No:

Date of issue:

Date of expiration:

Tel:

Email:

Address:

This contract, dated on the 11th of December in the year 2020 and ended on the …… of May in the year 2021, is made between the (company) branch and ………………………… This document constitutes an employment agreement between these two parties.

GENERAL INFORMATION

• The Employee shall comply with all company policies, rules and procedures at all times.
• The employee agrees to work for clients arranged by (company)  for a specific period of time as assigned via email.
• Location of employment, Employee shall accept employment at a location assigned by (company)  via email.
• The employee shall prepare lesson plan followed by the instructions of (company)
• The employee shall create a vibrant teaching atmosphere; maintain good relationship with (company)’s clients
• The employee shall attend opening and closing ceremonies at schools (if required); attend parent meetings (if required)

POSITION

As a ………………….., it is the duty of the Employee to perform all essential job functions and duties. 

PROBATIONARY PERIOD

It is understood that the first two months of employment constitutes a probationary period. Where the school and students are satisfied with the employee’s teaching, the contract will become fully effective. Where probationary performance is unsatisfactory, the employee will be given an opportunity to adjust teaching to meet expectations. Where performance remains unsatisfactory at the end of the probationary period this contract will be terminated. During this time, (company) also exercises the right to terminate employment at any time without advanced notice.

PAYMENT

    (Company) pays the employee hourly (Confirmed via email).  The emloyee shall update “Online Payroll sheet” for the entire month by the 2nd of the following month at the latest. If NOT, the pay of Teacher will be paid as following client’s record and PARTY A is not responsible for any discrepancies. 

The payment can be transferred via bank or given directly in cash. Salary will be counted from the first day of the month until the last day of the month and released from 15th (from 2-5 p.m) the next month. If the payment day falls on weeknend, salary will be paid on the next working day.

For example: Below is a payroll sheet that one of (company) teachers fills in

DRESSCODE

Employee is required to dress formally before attending classes, such as shirt, trousers or jeans, shoes or sandals and shall cover all tattoos (if any). Emloyee is not allowed to drink alcohol before coming to class. Smoking and drinking alcohol, eating food and using mobile phone for private purpose during teaching periods are not allowed.

CLASS CANCELLATION AND TARDINESS

If the employee shows up late for any reason, he/she shall inform (company)  at least an hour in advance.

    If the employee cancels any classes for any reasons, a notice must be given by email or phone. A notice is defined 12 hours before afternoon/evening classes start, 18 hours before the morning class starts. A notice is sent by messages is not acceptable. A notice shall include reason of absence, lesson topic or page numbers that the cover teacher should teach. If a notice is not given, the penalty is as follows:

Being late / Leaving class early without a short notice stated above:

• • First time: 
  • Second time: 
• Third time: 

Class cancellation without a notice stated above:

• First time: 
• Second time: 

      (company) shall consider about not charging the penalty for sickness and accident reasons if the employee could show a proof of the absence. Other reasons less than the length of notice stated above is not considerable. 

In case there are any sudden changes of teaching locations, schedules or teaching plans, etc; (company) shall inform the employee via email/phone 12 hours before afternoon/evening classes start, 18 hours before the morning class starts. In urgent cases, (company) shall inform emloyee at least 2 hours before classes start. If employer gives less than the notice stated above, the compensation will be followed the degrees below:

• First time:  
• Second time: 
• Third time: 
• From the third time: 

    There will be no compensation if a class is cancelled short notice due to adverse weather that the government closes the schools or centers.

TIME OFF

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Following the length of the contract, the Employee shall be eligible for the following time off (without payment). A written notice of 7 days through email is required. 

• No more than 3 working days for vacation for part-time position
• No more than 5 working days for vacation for full-time position

If the employee takes days off longer than permited above, he/she will need to inform …………. through email at least 15 days in advance. If Teacher takes excessive days off without 15 days notice, penalty will be applied as below:

• Exceed 1-3 days: 
• Exceed 4-7 days: 
• Exceed more than 7 days: 

………….. shall consider about not charging the penalty for sickness and accident reasons if the employee could show a proof of the absence. Other reasons less than the length of notice stated above is not considerable. 

Regarding Vietnamese holidays, the employee shall have days off. The days are the following:

• Lunar New Year Day (January 1st)ẽ
• Tet Holiday (7-10 days in February) – Employer shall inform via email
• Hung King Day (April 21st)
• Reunification Day and Labor Day (April 30th and May 1st)
• Vietnamese Independence Day (September 2nd)
• The time off above is not applied during probationary period

CLASS COVER 

If the employee is absent according to Term 6 and Term 7, the employee  will need to  find  a  substitute with  personal  information including the cover’s CV, passport, degree and teaching certificate and send an email to inform (company). The employee will be responsible for handing over materials via emails by sending the content to the cover teacher and cc’d (company)

The cover teacher must meet these requirements:

• Native English teachers
• Dress formally and show up at class in time
• Teach the correct lesson as in syllabus

TRAINING SECTION

If there is any complaint regarding teacher’s performance during a course, teacher will join an unpaid training conducted by the (company) academic department. If there is no improvement after the training, (company) will consider to change another teacher.

LEGAL AUTHORIZATION

  The emloyee shall provide a temporary residence paper supported by his/her landlord 

  If the employee would like to work as a full time postion, he/she shall provide (company) relevant documents (a degree and a teaching certificate) legalized and a health check to be able to get a work permit and a residence card. Work permit procedure will be sent accordingly.

The employer shall be responsible for helping the employee to get the temporary residence paper. As for full time position, (company) will support the employee to get the work permit, work visa and residence paper done. 

CONTRACT EXTENSION

  Where both parties are satisfied at the end of this contract, an extension of contract may be offered for a specified term. In the case of any extension, (company) will give written notice to the employee 10 days prior to the termination date. Where an extension agreement is reached, it shall form part of this contract and extend contract validity for the period stated in that agreement.

CONTRACT TERMINATION

Where the employee terminates this contract after commencement and prior to the expiry date stipulated without 30 days of notice, the employee will be penalized 75% of the total salary of the last month. (company) shall reserve the right to cancel the employee’s legal work permission and legal residence permission.

(company) shall consider about not charging the penalty for sickness and accident reasons if the employee could show a proof of the absence. Other reasons less than the length of notice stated above is not considerable.

INFORMATION CONFIDENTIALITY

The employee is not allowed to use provided confidential information of the Company for any other purposes than his/ her work need.

The employee is not allowed to contact (company)’s customers in order to take personal classes, or to reveal salary details.

OTHER TERMS

As for full-time position, the employee is not allowed to work in any other places without (company) permission. Otherwise, (company) shall reserve the right to cancel the employee’s legal work permission and legal residence permission. As for part-time position, the employee is not allowed to work directly with (company)’s client without (company)  permission. If the Employee breaks this term, (company) will terminate the contract without advanced notice.

The employer shall be responsible for helping the employee regarding to teaching difficulties 

The (company) academic department shall be responsible for offering the employee a training section as requested.

Contract comes into effect from the day of signing

This contract is made into two (02) copies which have the same value. Both copies must be signed by both Parties. Each Party keeps one (01) copy.

Tải ngay mẫu hợp đồng thuê giáo viên nước ngoài: tại đây

Hy vọng với mẫu hợp đồng này các nhà tuyển dụng có thể dễ dàng dựa theo đó để tạo nên một mẫu hợp đồng thuê trong quá trình tuyển giáo viên nước ngoài phù hợp với yêu cầu của nhà trường nơi mình công tác. Hãy luôn chắc chắn rằng quý nhân sự đã bao gồm rõ ràng những mô tả các vấn đề liên quan về quyền và nghĩa vụ giữa người sử dụng lao động và người lao động, cũng như các điều kiện và cơ sở pháp lý kèm theo.