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Part Time Jobs and Contracts

 
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kungfuman



Joined: 31 May 2012
Posts: 1417
Location: In My Own Private Idaho

PostPosted: Sat Aug 10, 2013 6:32 am    Post subject: Part Time Jobs and Contracts Reply with quote

Like many other people in China I do some part time work. The school I work for (part time) is a chain school with many locations and legitimate and can get visas etc.

I don't work many hours for them - usually 6-10 a week.

Been doing this about 5-6 months and our relationship is pretty simple - I work and they pay me at the end of the month - usually on the last day of the month. Another guy there gets paid bi-weekly at his request but my deal is ok w me.

Simple works for me - I work, they pay me cash. They don't have any information about me except my name, phone number, and email address.

Today, I was asked to sign a 4 page contract. a One year agreement. The contract has no value to me as it is all the standard stuff - no stealing their clients, professionalism, and being docked pay for not showing up. One of the clauses says that if I can't make the classes I should find a replacement teacher to work for me. It also says I can't work anywhere else.

There is no financial benefit for completed the contract at all.

So after reviewing it and discussing with the British DOS I said WHY should I sign a contract? Why? No benefit to me at all.

The other question I put forth is the legality. I have a real main job that provides a visa and full salary. Personally I don't think signing a contract with a part time company is legal or has any value.

Especially with the new anti-foreigner regulations in force I think a contract can only have a negative impact on my China life if something ever happened. Whats the thoughts here?

And the issue of side-work isn't the focal point so please no holier-than-thou I shouldn't be doing side work speeches.
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dean_a_jones



Joined: 03 Jul 2009
Posts: 1139
Location: Wuhan, China

PostPosted: Sat Aug 10, 2013 7:10 am    Post subject: Reply with quote

What did the British DOS say in response to your question? Or are they getting back to you? Without this info it is hard to say much.

Perhaps it is the former stuff (no stealing clients, pay docked for not showing up etc.) that they are most concerned with, and they can make a more simple contract for part-time workers such as yourself. It sounds to me like they want you on something for whatever reason (perhaps just hoping you won't suddenly stop coming) but are asking you to sign the same contract as a full-time employee.

If your job is not legal* then having a contract probably won't be of much help to you, but might cause trouble with the school if they suddenly starts demanding things and waving the contract around. On the other hand, if you like the job and can get them to draft a relatively simple contract about hours or something, then perhaps that is a fair compromise. I can see how a school might want to make sure a bunch of part-timers don't suddenly walk away leaving them with planned classes of students but not enough foreign staff to deliver them.

*I am still totally unclear as to whether part-time work is actually legal here--I have heard no, you can only work for the person sponsoring your visa--on the other hand, the last state printed SAFEA contract I signed said that "without Party A's consent, Party B shall not conduct any part-time job assigned by any other party", which suggests that such jobs are allowed under those terms. So, as per usual, nothing is particular clear or different government regulations seem to contradict each other.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Sat Aug 10, 2013 7:17 am    Post subject: Re: Part Time Jobs and Contracts Reply with quote

kungfuman wrote:
chain school with many locations and legitimate and can get visas etc.

The contract has no value to me as it is all the standard stuff.....

There is no financial benefit for completed the contract at all.

Personally I don't think signing a contract with a part time company is legal or has any value.

Especially with the new anti-foreigner regulations in force....


there's your answer. the school is legitimate and wants to stay that way.
they're covering their butts as they don't know what effect the new regs
will have, or how/if they'll be enforced, or what the penalties will be when
you eventually become discovered.

what are the terms of your full-time contract? are you allowed to work
side jobs with their permission? do you have their permission?

if not, quietly decline and forget them.

if you do have permission, go ahead and sign a contract, but write it
yourself. remove all the penalty clauses; you're just a temporary
part-timer. maybe add a clause that any tax payments will be your
responsibility....to simplify.
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kungfuman



Joined: 31 May 2012
Posts: 1417
Location: In My Own Private Idaho

PostPosted: Sat Aug 10, 2013 7:35 am    Post subject: Reply with quote

My full-time job boss said he doesn't care if we do part time work as long as it doesn't interfere with our normal job.

That was a verbal directive - never asked for it in writing.

The part time job school has only been opened about 7 months. A new location of an existing school.

The British DOS is not in favor of a contract as he does other work as well. he didn't sign a contract and has a verbal - and he is a full time employee. They know he does other work.

Before him and I they haven't had many other teachers at that location as when they started they only had a few full time students. But the director worked in another location that catered to adults. So no one has stolen anything from this school. The DOS is full time and there are 2 pt teachers including me.

I am sure they want to CYA themselves - but my concern is CYA myself ans keep it simple.

They pay me in cash - I have never signed for it - they just pop $ in my hand every payday.
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beckyshaile



Joined: 29 Jul 2013
Posts: 72

PostPosted: Sat Aug 10, 2013 3:05 pm    Post subject: Reply with quote

It's simple. Your legal employment is one where you have a proper legal contract and visa/resident permit. Other contracts, not supported by your visa and resident permit are thus illegal employment. It's very simple to understand. Your true employer must give written permission for you to have outside employment (paid or unpaid), but that does not negate the issue of contracts.
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Sat Aug 10, 2013 3:56 pm    Post subject: Reply with quote

Quote:
Your true employer must give written permission for you to have outside employment (paid or unpaid), but that does not negate the issue of contracts.


I don't believe that your employer has vested power that is normally regulated by immigration.
Take advice from a employment and workers attorney if it is bugging you so much but to seek legal advice on a punters' board does not a wise client make.
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kungfuman



Joined: 31 May 2012
Posts: 1417
Location: In My Own Private Idaho

PostPosted: Sat Aug 10, 2013 4:33 pm    Post subject: Reply with quote

^ Advice is all I am looking for.
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Big Worm



Joined: 02 Jan 2011
Posts: 144

PostPosted: Sun Aug 11, 2013 12:44 am    Post subject: Reply with quote

Not sure about this, but I THINK your visa/RP is tied to your job, and outside jobs, (even with employer's permission) are illegal. If so, doesn't matter if you sign or not as it is not binding, and they can not pay or whatever any time they want. In fact, can only be used against you if something hits the fan. There will be evidence that you have been working illegally. Can't blame them for trying tho.

If it's not illegal, then I'd say it's fair game. You don't have to sign, just get another job.
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Sun Aug 11, 2013 2:19 am    Post subject: Reply with quote

Quote:
Not sure about this, but I THINK your visa/RP is tied to your job, and outside jobs, (even with employer's permission) are illegal.
As it is in most other countries. This would seem at least a reasonable suggestion.
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