1. Policy objective

An Employment Contract sets out the terms and conditions of the relationship between an employer and an employee. It documents the obligations they have to each other, the benefits they will receive from each other and defines workplace expectations for both. Employment Contracts will also define the process for termination of the employer/employee relationship in the future.

Appointment Review is to evaluate the staff’s performance in his contract period and to prepare for the contract which will expire.

2. Eligibility/compliance requirements

2.1. Employment contract details

An employment contract will be signed within 3 days after the new staff commences his duty to work. If the commencement date is more than 30 days counting from the date of employment notification, then the contract should be signed by both parties before the commencement date. And the details are as follows:

2.1.1. The full legal names of both contracted parties

2.1.2. Starting Date of the Job.

2.1.3. Job Title and Job Description.

2.1.4. Mailing Address of the Employer and/or Workplace

2.1.5. Remuneration Details.

· salary

· payment details-- monthly

2.1.6. Hours of Work.

· requirement per week/month/shift

· starting time/quitting time/break time

· a “fixed term” agreement should include terms for renewing it

2.1.7. Holiday Entitlement.

2.1.8. Sickness Entitlement.

2.1.9. Other benefit details.

For administrative staff

· Social insurance

· Housing fund

For teaching staff (overseas)

· Accommodation allowance

· Passage allowance

· Relocation allowance

· Return ticket

The allowance for accommodation, passage and allocation are subject to the academic rank of the staff. The granting of return ticket is subject to the fulfillment of his/her current contract.

2.1.10. Disciplinary Procedures.

2.1.11. Termination of Employment Contract.

· Notice Period

· Restrictive Covenants

2.1.12. Signatures of both the employer and employee.

2.1.13. Date of the Employment Contract signed by both parties.

2.2. Appointment for teaching staff

2.2.1. Timely and confidentially.

2.2.2. Appointments will be made initially on a fixed-term contract (normally 2 years).

2.2.3. The 2nd appointment will be made on a fixed-term contract. For “Academic Support” and “Lecturing” staff, the contract will be 1 or 2 years; for “professorial” staff, the contract will be 2 to 4 years.

2.2.4. According to Chinese Labor Contract Law, the 3rd appointment (from Jan 1, 2008) should be a continuous contract. Staff members on continuous contract appointment may be terminated on justifiable grounds such as poor performance, redundancy, financial stringency or misconduct in accordance with established procedures.

2.2.5. Contract renewal should be based on the staff’s previous good performance and on recommendation by the Dean (Director) of the Division (Center).

2.3. Appointment for non-teaching staff

2.3.1. Timely and confidentially.

2.3.2. An appointment will be made initially on a fixed term contract (normally 2 years).

2.3.3. The 2nd appointment will be made on a fixed-term contract. For “general” grade and “executive/professional” grade, the contract will be 1 or 2 years; for “managerial/senior professional” staff, the contract will be 2 to 4 years.

2.3.4. According to Chinese Labor Contract Law, the 3rd appointment (from Jan 1, 2008) should be a continuous contract. Staff members on continuous contract appointment may be terminated on justifiable grounds such as poor performance, redundancy, financial stringency or misconduct in accordance with established procedures.

2.3.5. Contract renewal should be based on the staff’s previous good performance and on recommendation by the Director of the unit.

3. Process/procedures

3.1. Contract

3.1.1. Contract drafting and preparation

3.1.2. Contract signing by both parties

3.1.3. Contract administration

3.1.3.1 Signature and stamp of contract

The contract will be sent to the respective management for signature after a staff member signed on it, at a frequency of once or twice per month.

President of UIC will sign the contracts for full Professor and unit head of Admin Unit.

Provost of UIC will sign the contracts for academic staff including P/T academic staff.

                                     Director of HRO will sign the contracts for admin staff, academic support staff, project staff and Interns.

An official HR stamp will be sealed on the contract after they are signed by the senior management.


3.1.3.2 Return of contract

One set of the signed and stamped contract will be returned to the staff member, while the other set will be kept as record in the staff member’s contract file.


3.1.3.3 Other management of contract


3.1.4.  Contract type

3.1.4.1. Before filing, the staff member’s contract will be studied and dealt according to different necessity, for example, to extract the salary information stated in the contract as the basis of the adjustment of staff welfare; to extract the welfare information stated in the contract as the basis of providing staff allowance list to the Finance office; to input the salary and contract period information into the E-HR system.

3.1.4.2. Contract input

 3.1.4.2.1 The rule for setting contract code in the E-HR system

Contract Type

Construction of Contract   Code

Remarks and examples

Internship Agreement

Staff ID No.

+ suffix (“-IE”, “-IE2”… etc.)

1st signed:   0504001-IE

2nd signed:   0504001-IE2

Labor Contract /Short Term Contract

Staff ID

+   suffix (“A”, “B”, “C”…etc.)

1st signed:   0504001A

2nd signed: 0504001B

3rd signed:   0504001C

Labor Contract 1+1/1+2/2+1

 

Staff ID No.

+ suffix (“B”/“C”…etc.)

+contract type(”1+1”/”1+2”   /”2+1”)

+part of contract(”1”/”2”)

Normally, the second   contract of a staff will be a contract type of “1+1”or “1+2” or“2+1”. A “1+1”   or “1+2” or “2+1” contract refers to 1 or 2 year plus 1 or 2 year(s) of   contract, subject to the result of a performance evaluation in-between.

Eg, for labor contract 1+1:

1st part of   divided contract: 0504001B11-1

2nd part of   divided contract: 0504001B11-2

Eg, for labor contract 2+1:

1st part of   divided contract: 0504001B21-1

2nd part of   divided contract: 0504001B21-2

Open Ended Contract

 

Staff ID No.

+ suffix (“C”, “D”…etc.)

+ “-0”(“-Zero”)

The contract codex of open   ended contract will follow the codex of labor contract then ends with “-0”,   eg: 0504001C-0.

When staff members reach   their statutory retirement age, the open ended contract will be expired,   another fixed-term contract will be signed afterward. The contract codex of   this fixed-term contract is exactly the same as the labor contract.

3.1.4.2.2 Guidelines for inputting the Contract Expiration Reminding Date

Employee character

Months of sending contract   expiration reminder before contract end date

Remarks

Teaching   staff

Lecturer and above

6 months

(Although the contract end date   stated in the contract is August 31, we usually set the contract finish   reminder 6 months before June 30 in order to fit in our actual practice)

1.If there is any special   requirement of the contract, we will follow the contract.

2.For short term contract,   the contract expiration reminder will be sent to the staff member and Nancy   only.

P.S.: short term contract   are normally applicable for those staff whose contract is supposed to be   non-renewable at the very beginning, including: intern (foreign and local   intern); visiting professor; those staff trend to apply for school for   further study but work in UIC temporarily; those staff were hired to replace   full time staff during their long period of leave, eg: maternity leave; any   other temporary position.

Instructor,

Junior Lecturer

6 months

Assistant Insructor

3 months

Visiting Professor

Refer to contract

Part time

2 months

Non-teaching   staff

Senior management (Rank K and above)

6 months

Other staff

(Below Rank K)

3 months

Intern

1 month

3.1.5. Internship Agreement

3.1.6. Short Term Contract

3.1.7. Labor Contract 

3.1.8. Labor Contract 1+1

3.1.9. Labor Contract 1+2

3.1.10. Labor Contract 2+1

3.1.11. Open Ended Contract  

3.2. For teaching staff

3.2.1. For Academic/Teaching Staff, at the beginning of sixth month in advance the staff’s contract expiration, HR Office will send a form of Self-Statement to the staff who is concerned. And the staff is required to hand over the finished form to his/her supervisor(s) within 7 working days.

3.2.2. For Academic Support Staff, at the beginning of third month in advance the staff’s contract expiration, HR Office will send a form of Self-Statement to the staff who is concerned. And the staff is required to hand over the finished form to his/her supervisor(s) within 7 working days.

3.2.3. After receive the self-statement, the supervisor is required to fill out an Appointment Renewal Form and return both forms back to HR Office in 10 working days.

3.2.4. HR Office retrieves the form and send to assessment panel for estimation.

3.2.5. Retrieve the form from assessment panel, and if approved HR Office will prepare for the contract before its expiration.

3.3. For academic P/T staff

3.3.1. At the beginning of second month in advance the staff’s contract expiration, HR Office will send an Appointment Renewal Form to the Department/Centre and the Dean concerned.

3.3.2. HR Office retrieves the form and send to assessment panel for estimation in two weeks.

3.3.3. Retrieve the form from assessment panel, and if approved HR Office will prepare for the contract before its expiration.

3.4. For non-teaching staff

3.2.6. At the beginning of third month in advance the staff’s contract expiration, HR Office will send a form of Self-Statement to the staff who is concerned. And the staff is required to hand over the finished form to his/her supervisor(s) within one week.

3.2.7. After receive the self-statement, the supervisor is required to fill out an Appointment Renewal Form and return both forms back to HR Office within 7 working days.

3.2.8. HR Office retrieves the form and send to assessment panel for estimation.

3.2.9. Retrieve the form from assessment panel, and if approved HR Office will prepare for the contract before its expiration.

3.2 For trainees

3.5.1. At the beginning of first month in advance the trainee’s contract expiration, HR Office will send a form of Appointment Review for Trainee to the supervisor concerned.

3.5.2. HR Office will retrieve the form 5 working days later after it's sent.

3.5.3. When get approved from supervisor about the staff’s contract renewal, HR Office will prepare for the contract before its expiration.

3.5. For Retired Staff with an open-ended contract

According to the Chinese Labor Contract Law, the open-ended Letter of Appointment will be expired when staff members reach their statutory retirement age. An appointment review process will be activated and a new valid Letter of Appointment will be issued after the review process. It will comply with the contract renewal process.

4. Contract modification

4.1  A staff member’s contract would be considered to be modified subject to the decision of the College and/or the status of his/her previous contract.

5. Form templates

4.1. F/HR-08-01 Appointment Review for General Staff

4.2. F/HR-08-02 Appointment Review for Managerial/Senior Professional Staff

4.3. F/HR-08-03 Appointment Review for Academic/Teaching Staff

4.4. F/HR-08-04 Appointment Review  Form○1

4.5. F/HR-08-05 Appointment Review for Trainee

4.6. F/HR-08-06 Appointment Review for Academic/Teaching Staff(PT)

4.7. F/HR-08-07 Appointment Review for Academic Support Staff(Retiree)

4.8. F/HR-08-08 Appointment Review for Academic Support Staff(Retiree)

       4.9. F/HR-08-09 Appointment Review for General Staff (Retiree)

       4.10. F/HR-08-10 Appointment Review for Managerial or Senior Professional Staff (Retiree)

4.11. F/HR-08-11 Appointment Reconfirmation Form○1

4.12. F/HR-08-12 Appointment Reconfirmation for Academic Teaching Staff

4.13. F/HR-08-13 Appointment Reconfirmation for General Staff

4.14. F/HR-08-14 Appointment Reconfirmation for Managerial Senior Professional Staff

4.15. F/HR-09-04 Self-Statement of Academic-Teaching Staff

4.16. F/HR-09-05 Self-Statement From Academic-Support Staff



















The new appointments & appointment review policy was approved at the Staff Review and Development Committee (SRDC) on 6th May 2008.