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GreatApe
Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere
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 Posted: Sun Mar 02, 2014 3:53 am Post subject: |
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I've never had "severance pay" mentioned in any of the contracts that I've signed, but it's definitely something I'll think about in the future.
--GA |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Sat Mar 29, 2014 7:02 am Post subject: |
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Thought I might update y'all as I'm sure you are on pins and needles about this topic. 
My school DID offer me a new contract with a 5% raise included, plus a deal that I could leave at the end of April instead of sticking around until June 30 (won't bore you with the details of this particular item). Plus, no extra duties; simply teach, grade work, go home. I will still get all the regular stuff (air fare of 10,000, paid apt. and utilities, holiday pay, travel allowance, etc.). I mulled it over for a couple of days and decided to stay on for a few more months. My RP will be good through mid-July, so if I want to do any leisure travel activities after the end of April, I can do so (of course I would have to pay for my apartment if I stay in it). I'll be netting just north of xx,xxx each month (you can PM me if you are REALLY that curious about my pay!), so I may as well stay on and sock away a few more thousand dollars before moving home. Plus it will be a nice round 10 years at this school, so that's something I suppose.
I really, really wanted to go home to stay this summer, but I'm trying to be financially prudent and this seems like the best thing for me at the moment. Now you know. |
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RWA1981
Joined: 27 Mar 2014
Posts: 143
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| Posted: Sat Mar 29, 2014 11:46 pm Post subject: |
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| Shit! If you get any "severance pay" I'll eat my hat, shoes, and my shorts! |
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litterascriptor
Joined: 17 Jan 2013
Posts: 360
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| Posted: Sun Mar 30, 2014 12:16 am Post subject: |
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| I've never heard of severance pay before. Are you thinking of a contract completion bonus? If so, I collected my bonuses before extending my contract and I stayed with the same company for five years. |
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NoBillyNO
Joined: 11 Jun 2012
Posts: 1762
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| Posted: Sun Mar 30, 2014 12:22 am Post subject: |
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| Under labor law certain types of jobs are awarded severance if certain circumstances take place during dismissal or layoff. |
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Kysorb
Joined: 30 Jul 2010
Posts: 253
Location: Beijing
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| Posted: Tue Apr 01, 2014 8:35 am Post subject: |
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I still don't understand how anyone (in general not just specific to this situation) on a term contract could expect any form of severance at the end of their contract because the employer chose not to offer a renewal.
Term contracts are by nature completed and then its back to square 1 in my eyes. |
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NoBillyNO
Joined: 11 Jun 2012
Posts: 1762
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| Posted: Tue Apr 01, 2014 12:12 pm Post subject: |
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| I still don't understand how anyone (in general not just specific to this situation) on a term contract could expect any form of severance at the end of their contract because the employer chose not to offer a renewal. |
Only if the law allows... and after a certain amount of time and if not notified in a timely manor, there are provisions in Labor Law to provide for severance. Employers have a responsibility to their workers. |
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Kysorb
Joined: 30 Jul 2010
Posts: 253
Location: Beijing
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| Posted: Wed Apr 02, 2014 6:14 am Post subject: |
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| NoBillyNO wrote: |
Only if the law allows... and after a certain amount of time and if not notified in a timely manor, there are provisions in Labor Law to provide for severance. Employers have a responsibility to their workers. |
I suppose I can understand that, it would seem unfair if someone has renewed the same contract for several odd years with an employer who is perhaps just trying to evade paying regular benefits and the business is trying to not renew but still has a demand for the position. This would probably be due to a cost/benefit rationalization rather than about the employee's work standards since they have renewed contract several times before.
Still, hard to swallow that anyone owes me anything beyond the term I willfully agreed to limit myself and the employer to. I view the end of contract date as an opportunity as much as, or maybe even more than my employer does.
Imagine the chaos back home if your mobile phone carrier could demand severance if you changed carriers after several 1 year contract terms.  |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Wed Apr 02, 2014 7:20 am Post subject: |
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Kysorb, did you read the links provided on the first page of this thread? They pretty much explain the how's and why's of this. Now that I've renewed the contract, the original intent of this thread is pretty much moot, but one is not "starting over" (at the same location) each time they sign a new contract. There's more leeway with negotiations for salary increase and better benefits. One benefit that may be written in your contract and certainly is worded in the labor laws of China is a severance pay depending on the circumstances. And you said it yourself:
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| I suppose I can understand that, it would seem unfair if someone has renewed the same contract for several odd years with an employer who is perhaps just trying to evade paying regular benefits and the business is trying to not renew but still has a demand for the position. This would probably be due to a cost/benefit rationalization rather than about the employee's work standards since they have renewed contract several times before. |
And that's it exactly. If a school (or any business, really) was not offering a returning contract even though I was willing and able to return at or above the salary I currently earn (and I wasn't breaking any other "laws" such as turning 60 or some such thing), then they'd be obliged to compensate me. But now I'll never know if anything would have come to pass with this line of thought. Hopefully someday we'll get someone who told us they were awarded this pay (or even claimed their "social security" refund). |
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NoBillyNO
Joined: 11 Jun 2012
Posts: 1762
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| Posted: Wed Apr 02, 2014 7:45 am Post subject: |
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Some state laws do provide a requirement for notification of termination and if not “abided” can result in the employee getting a payout. I was offered an early retirement and took it.. Best thing I ever did.
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And that's it exactly. If a school (or any business, really) was not offering a returning contract even though I was willing and able to return at or above the salary I currently earn (and I wasn't breaking any other "laws" such as turning 60 or some such thing), then they'd be obliged to compensate me. |
As I understand it, under Chinese labor law, if the employer gives you enough notice before the end of the contract, it does reduce his obligation.
60 year ceiling is not a law, and can be got around by presenting a letter of necessity to the PSB.
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| Still, hard to swallow that anyone owes me anything beyond the term I willfully agreed to limit myself and the employer to. I view the end of contract date as an opportunity as much as, or maybe even more than my employer does. |
Not necessary to choke on labor laws.... truely if you didnt think your owed, then I am sure the employer would agree with you ..... but others who would like to exercise their labor rights, should be encouraged to exercise their rights to the full extent of the law..... |
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Banner41
Joined: 04 Jan 2011
Posts: 656
Location: Shanghai
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| Posted: Wed Apr 02, 2014 8:08 am Post subject: |
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As I said before it is written into my contract. I also pay into the social security system here. So, I am more inclined to find out what is coming to me because there is 0 gray area in my contract. They have actually approached me a few times to give me options on my bonus each year (basically contract completion bonus) , inform me of vacation days due from the government (I don't get all summer off like most) and to negotiate my raise for the next year if I stay on. I realize that my situation is not like most on here but not that I know these things are available and actually in the labor laws. I couldn't see myself taking another job in China without them. I'm pretty much ruined.
I would try to scan excerpts from my contract but I don't really a fan of people who post contrat details on a forum. It's kind of a private thing. If I can track down the info online using my contract as a guide I will. Too tired right now. |
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