案例选编
Case 1.
毕业前夕,你申请去某家公司工作,公司要求你写一申请,并附上你的简历。你将如何写,以便能够被该公司录用。
Case 2.
毕业后你申请去一家公司工作,该公司人事部经理拿出以下合同,请你看一看然后签字,请把该合同翻译成中文。你同意如下合同吗?
CONTRACT OF EMPLOYMENT
Employer (Party A)
Name of the Employer:
Legal Representative:
Agent ad litem:
Address:
Tel:
Fax:
Employed Foreign Experts or Professionals (Party B)
Name:
Sex:
Date of Birth:
Nationality:
ID Number:
Overseas Address:
Tel:
Fax:
I. Both parties, in line with
the principles of legality, fairness, equality, mutual agreement, honesty, and
trustworthiness, on a voluntary basis, and in a spirit of friendly cooperation,
agree to sign this contract and pledge to fulfill all the obligations
stipulated hereinafter.
II. The term of this contract
shall be from
to ,
with the first month set as probation period.
III. Tasks assigned to Party B
(see the appendix).
IV. Party B’s monthly salary
shall be RMB
(before tax), of which % can be
converted into foreign currency on a monthly basis. Please see the appendix for
terms and conditions on other remunerations and benefits concerned.
V. Party A’s Obligations:
1. Party A shall
inform Party B of relevant laws and regulations of the People’s Republic of
2. Party A shall
conduct regular supervision, inspection and review of Party B’s working
performance.
3. Party A shall
provide Party B with necessary working and living conditions.
4. Party A shall
deploy fellow staff for Party B for coordination affairs.
5. Party A shall pay
Party B’s salary as scheduled.
VI. Party B’s Obligations:
1. Party B shall
observe relevant laws and regulations of the People’s Republic of
2. Party B shall
observe any institutions and administrative stipulations concerned with its
employment, and shall be subject to Party A’s arrangements, supervision, inspection
and review of his/her working performance. Without Party A’s consent, Party B
shall not conduct any part-time job assigned by any other party.
3. Party B shall
fulfill the tasks assigned to him/her with high standards within the prescribed
timeframe.
4. Party B shall
respect
5. Party B shall
respect Chinese people’s ethics and customs.
VII. Revision, Cancellation and
Termination of the Contract:
Both parties shall abide by the contract and shall
refrain from revising, canceling, or terminating the contract without mutual
consent.
1. Revision of the
contract. This contract can be revised with mutual consent. Before both parties
have reached an agreement, the contract shall be strictly observed.
2. Cancellation of
the contract. This contract can be canceled with mutual consent. Before both
parties have reached an agreement, the contact shall be strictly observed.
(1) Under the
following conditions, Party A shall have the right to inform Party B in writing
of the cancellation of this contract:
a. Party B fails to
fulfill this contract or the obligations and agreed conditions as herein
stipulated, and fails to amend his/her actions after Party A has pointed it
out;
b. On the basis of
the physician’s diagnosis, Party B fails to resume normal work after a sick
leave for a period of successive 30 days.
(2) Party B has the
right to inform Party A in writing of the cancellation of this contract under
the following conditions:
a. Party A fails to
provide Party B with necessary working and living conditions as stipulated in
this contract:
b. Party A fails to
pay Party B as scheduled.
(3) In case either
party asks to terminate this contract, it shall give a 30 day notice to the
other party in writing, and the contract shall only be terminated after 30
days.
(4) This contract can
be terminated upon mutual agreement by both parties.
3. Termination of
the contract.
(1) This contract
shall be terminated once it expires.
(2) This contract may
be terminated with the mutual consent of both parties, and it shall be strictly
observed until both parties reach an agreement otherwise.
VIII. Breach Penalty
When either party fails to fulfill any part or all of
the obligations as stipulated in this contract, that is, in the event of breach
of the contract, the said party shall pay a breach penalty of US$ 800 to 3000
or equivalent to 3 to 10 times Party B’s monthly salary in RMB. If both parties
consider it necessary to determine an exact sum of the breach penalty, or to
determine a breach penalty higher or lower than the above-mentioned amount, it
shall be explicated in the appendix of this contract.
When Party B claims to cancel this contract due to
force majeure, it shall produce certifying documents issued by competent
authorities; after the contract is cancelled with Party A’s consent, Party B
shall bear the traveling expenses thus incurred; and when Party B fails to
provide any valid reason to cancel this contract, it shall bear the traveling
expenses thus incurred and pay the breach penalty to Party A as stipulated in
this contract.
When Party A claims to cancel this contract due to
force majeure, and the contract is thus cancelled with Party B consent, it
shall bear Party B’s traveling expenses thus incurred; and when Party A fails
to provide any valid reason to cancel this contract, it shall bear the
traveling expenses thus incurred to Party B and pay the breach penalty to Party
B as stipulated in this contract.
IX. The appendix of this
contract forms an indispensable part of this contract and shall have the same
legal effect with the text of this contract.
X. This contract shall take
effect upon being signed by both parties and shall be automatically terminated
upon expiration. When either party requires signing a renewed contract, it
shall forward its request to the other party 30 days prior to the expiration of
this contract, and both parties shall sign the new contract through consultations
and mutual consent.
Upon the expiration of this contract, Party B shall
bear all the expenses incurred during his own stay in
XI. Settlement to Dispute
Any dispute in connection with this contract shall be
first of all settled between both parties concerned through friendly
consultation. In case no settlement can be reached through consultations or
intermediation, both parties shall submit the said dispute for arbitration with
local personnel authorities or the local labor arbitration system. In case
either party refuses to accept the arbitration award, it may bring an action
before the people’s court.
This contract is signed by both parties at (location)
on this (date).
This contract is in duplicate, each in both Chinese and English versions, and
both shall take effect upon being signed at the same time.
Party A:
Party B:
(Signature)
(Signature)
Appendix:
Case 3
Read the following case and write a proposal for the most suitable location for the new factory.
1. Stone Fashion is based in
Shanghai. Its brand is well known in
2. In the next 10 years,
Stone fashion plans to expand to the
Country A Economy * Growth
rate : 2% per year * Inflation
rate: 5% * Interest
rates : 10 – 15% *
Unemployment rate : 20 – 25 % * The
country has a lot of debt and is trying to modernize its economy Transport * Good rail
network but poor roads * New
international airport * The main
seaport is in poor condition. Labor * Unskilled
labor available. A lot of training needed for the production * No unions
in most industries * Wage rates
: very low Comments The country
has a military government. Bribery is common. Political problems: the people
in the north want to become an independent state. The government will contribute
28 towards the const of a new factory. |
Country B Economy * Growth
rate : 1.5% * Inflation
rate: 0.5% * Interest
rates : 8 – 10% *
Unemployment rate : 3 % * A modern
industrial country with many manufacturing industries Transport * Has a
fully integrated roads and rail network *
International airport * No seaport Labor * Not a lot
of skilled labor available * Strong
unions * Wage rates
: high Comments The country
has a stable government. It is a member of a large trading group. There are
strict new laws on pollution. There are no tax incentives for building new
factories. business tax is very high |
Country C Economy * Growth
rate : 8% * Inflation
rate: 10% * Interest
rates : 4 – 6% *
Unemployment rate : 12 % * Currency
exchange rate: unstable Transport * Good
transport around the main seaports * Small but
well-managed airport * Road
network needs investment Labor * Not much
skilled labor available * Very
strong unions in the clothing industry * Wage rates
: low but rising fast Comments The first
free elections for a democratic government were held last year. There are
limits on the profits which companies can take out of the country. Not much
paperwork required for importing and exporting goods. There is a strong
protest movement against international companies, which are accused of
harming local firms. |
Country D Economy * Growth
rate : 4% * Inflation
rate: 5% * Interest
rates : 8 – 12% *
Unemployment rate : 12 % * Government
encourages the privatization of industrial Transport * Road and
rail network is in poor condition * Government
has started a big investment program for the transport system. It
will take 5 – 10 years to complete. Labor * Large
supply of skilled workers, but they are not used to working long hours. * Strong unions * Wage rates
: low Comments A lot
paperwork is required for new business. There are problems with air and water
pollution. Profits are tax free for the first three years after a factory has
been built. Companies must pay 5% of their profits into a fund for training
their workers. |
Case 4
越来越多大学生在业余时间外出打工,对此一位学生进行了调研并写出了如下报告,请修下此报告,修改之前请进行一次调研。
Business Report
Subject:
About University student’s part time job
Introduction:
Along with university's
popularization education, gets employed the situation aggravating difficulty
with the university student, present's university students also gradually
perceived “crisis” the existence, perceived is a good student to the light in
the school is insufficient. In the near future to, in the collated and
corrected copy Science and Technology Institute of China students does in the
investigation demonstrated that surpasses 60% enrolled students to have the
hiring out for working experience. Hiring out for working becomes one kind of
tidal current more and more, but also exists some problems in hiring out for
working.
Finding:
1.
The
Way Of doing part-jobs:
Tutor
32%
Waiter
23%
Promotion
10%
Translator
10%
Market investigator 6%
Others:
19%
2.
Time
arrangement:
Random selection 35%
2 or 3 days a week 29%
3 or 4 days a week 29%
3.
How
to find jobs:
By friends
39%
By relatives
23%
Ads:
23%
From school
19%
Intermediary
16%
4.
Purpose:
Exercise themselves 52%
Assistance
19%
Kill the time
13%
Communicate with society 16%
What we want to say:
Many university students when look for the
work, has in the school has studied the related curriculum, also has the
related certificate, but mostly the student lacks to own thought
self-confidently these work cannot do, timidly in attempt; But these employ
labor the unit not to dare related to choose in read the university student
most staff, thought that they lack the work experience, perhaps questioned to
university student's ability, moreover said concurrent job the personnel are
not good manage, this is the vicious circle, the employing labor unit weakened
university student's self-confidence discretely, the university student has not
been able in hiring out for working or practice time finds the suitable work,
also always could not be related the specialty from oneself or the special
skill seek situation, could not display the special skill, often started from
some labor forces to start, this was one kind to the resources waste. I thought
that the university student should many somewhat to own self-confidence,
simultaneously I also hope each kind of personnel specific energy believed
university student's strength, gives the university student much some practices
the opportunity.
Ending:
The students hiring out for working upsurge
surges the behind, actually also has many discomforting factors, although many
students thought that hiring out for working but suffers from seeks employment
in every way without the gate, the students also hoped could through safeguard
oneself benefit the way to find the work, therefore we hoped that the school
and the related organization could give the students to provide the
advantageous choice, perfect university student hiring out for working.