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 China as well as any institutions and administrative stipulations concerned with Party B’s employment as herein provided.

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 China and shall not interfere in China’s internal affairs.

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 China’s religious policies, and shall not conduct any religious activities incompatible with his/her status as a foreign expert.

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 China.

 

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 China and East Asia. The fashions sell in the upper price ranges and appeal to fashion conscious people aged 18 to 45. They are distributed in major department stores throughout the country. At present, the fashions made in Wenzhou appear in the market. Competition in this segment of the market is strong, so the company has to keep cost as low as possible in order to remain profitable.

2. In the next 10 years, Stone fashion plans to expand to the US and Europe as well. To do this the company has to become a global one, so it has decided to build a factory in an overseas country. The new factory will have to recruit 1000 local workers. Now the company is considering four countries as a location for the new factory. There is some information about each country below.

 

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.