Site Search:
 
TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

contract questions

 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> China (Job-related Posts Only)
View previous topic :: View next topic  
Author Message
jg



Joined: 26 Mar 2003
Posts: 1245
Location: Ralph Lauren Pueblo

PostPosted: Wed Jan 30, 2013 12:42 am    Post subject: contract questions Reply with quote

Hi,

Just got an offer from a kindy here in Shanghai. I won't name the school but give the contract details that I am curious about.

Quote:
Normal Hours. EMPLOYEE’s working hours are Wednesday through Friday, from four pm to nine pm, and Saturday and Sunday from eight thirty am to five thirty pm. Additional duties may sometimes occur outside this time frame, but will be included in the EMPLOYEE’s minimum monthly hours. Completion of full minimum monthly hours qualifies the EMPLOYEE for payment of the EMPLOYEE’s regular salary (as defined in Section 2.1)
受聘方的工作时间为:周三至周五为下午四点至晚上九点;周六至周日为早上八点半至下午五点半。若有额外的工作任务不在此时间范围内,其工作时数将会被一并计算到每月工作时数。


For the above, does that mean if I am sick or take a vacation day, they will not pay me my normal salary? The "minimum monthly hours" part worries me.

Quote:
Additional Hours. Teaching hours worked in excess of twenty hours per week are considered overtime hours and will be compensated accordingly. Overtime hours are paid at 150 RMB per hour. Overtime hours are voluntary.
附加时数为每周规定二十个教学时数以外的教学时数,每超过一个小时,聘方以每小时人民币¥150的课时费给付于受聘方。附加之教学时数为志愿性。

This bit actually strikes me as fair, but my Chinese reading skills are not 100% and I'd like to make sure that the Chinese matches the English, as the contract states:

Quote:
This contract is made out both in Chinese and English of which both versions are equally effective. Conflicts between these two languages arising thereof, if any, shall be subject to Chinese version unless explicitly specified in English.


I also am curious about these bits:
Quote:
Arrival Related Expenses. The EMPLOYER will provide a RMB 5000 allowance for arrival related expenses, including the entry visa, airfare, medical exam and residence permit. EMPLOYER will be responsible for preparing documents related to EMPLOYEE visa processing. If the one year employment contract is terminated for any reason, EMPLOYEE will return the entire allowance sum to EMPLOYER. If the entire allowance sum is not returned, the EMPLOYER has the right to deduct the entire allowance sum from the EMPLOYEE’s regular salary.
抵达相关费用:聘方提供人民币 5000 元为办理相关入进费用(包含签证、机票、体检、居留许可证等)之补贴。聘方负责协助申请事宜。若因任何因素,未履行完整一年合约,受聘方将全数交还抵达相关费用补贴金给聘方。若受聘方未如期交还抵达相关费用补贴金之全额,聘方将有权把抵达相关费用补贴金之全额由受聘方的薪资里扣除。


I arrived in China on my own dime, and if they employer is responsible for my residence permit, why am I being given a bonus for my residence permit? Just curious about the wording.

Quote:
Salary Guarantee. EMPLOYER guarantees the EMPLOYEE’s full salary as long as the EMPLOYEE completes their minimum weekly hours. If classes are not available, additional office hours may be substituted to bring EMPLOYEE up to their minimum required hours.
薪资保证协议:聘方保证,在受聘方完成每周基本时数后,聘方给付全薪。若上课时数不足,聘方得以办公时数递补以达到每周的基本工作时数。

The "minimum hours" thing again. I worry that a lack of classes might mean some shenanigans, but should I be responsible for a potential lack of classes?

Quote:
Days Off. The EMPLOYEE will receive two full days off every week. These days will be Monday and Tuesday. If classes are assigned on one of these days then another weekday will be assigned as a day off.
受聘方每周二天全天休假,分别为周一和周二。若需在此两天上课,则受聘方可选择其他天休息。

Should I be requesting fixed days off? This is not very important to me as long as I have two days off, but I would like the regularity of two fixed, consecutive days off. I am not sure if current contract trends are towards fixed consecutive days off in a kindy.

Quote:
Sick Leave. If EMPLOYEE does not attend work due to illness, any missed time will be deducted from EMPLOYEE’s regular salary. EMPLOYEE is given seven days of sick leave annually. If more than seven days sick leave or any two consecutive days sick leave are taken, EMPLOYER will require written proof of illness.
病假:受聘方因病未能出勤工作,将依照病假的时数从薪资扣款。受聘方一年有七天病假,如果超过七天或是长期缺勤病假,聘方将要求受聘方出示医师诊断书。

Unpaid sick days?? I recall being told that there would be nine paid sick days at the interview, but seven is fine. However, isn't it standard to get for paid sick days?

Quote:
Damage to Reputation. If the EMPLOYEE damages the reputation of EMPLOYER via his or her actions or words during their termination, EMPLOYER will levy a further RMB 3000 penalty.
如果受聘方做出毁损聘方名誉,受聘方将支付额外人民币三千元的赔偿金

SHould I be worried that they fire employees often enough, and the process is so contentious, that a clause like this is included? I haven't taught in China since 2005 so I am a little fuzzy if this is standard.

Thanks for any advice given!
Cheers,
potential employee #584373
Back to top
View user's profile Send private message
vikeologist



Joined: 07 Sep 2009
Posts: 543

PostPosted: Wed Jan 30, 2013 1:09 am    Post subject: Reply with quote

The contract looks fair eough. Contracts are largely worthless anyway. (I'm not referring just to China. I was a Contract manager in my previous life). I expect if you treat them well, they'll treat you well.

Generally, all the points you raise will probably come down to interpretation of the contract. You need to ask someone working there now how the school interprets these things.

Unless there is something in the contract about holidays, maybe you don't get any, and I suppose it's possible if you're sick they'll want you to make up the hours to get to your minimum.

The only thing I think you need to be concenred about is the money for the visa etc. You're in China on a tourist visa i presume, so to get your Z visa you will at best need to go to Hong Kong, and at worst back to your home country. I sort of doubt they're going to give you the money up front, because after all, you might not come back.

Apart from that though, you should be ok. just make sure tha you check out the school on the internet and talk to some of the teachers working there. Of course they may lie to you, but it's better than nothing.
Back to top
View user's profile Send private message
jg



Joined: 26 Mar 2003
Posts: 1245
Location: Ralph Lauren Pueblo

PostPosted: Wed Jan 30, 2013 2:44 am    Post subject: Reply with quote

Vikeologist,

Thanks for the reply. I will raise the question of the visa run with them. I have already been in and done a demo lesson, and one teacher talked with me and seemed frank and open - he told me to negotiate the on the points I want, but that he was content with his position at the school.

I really really liked the initial interview, the woman who interviewed me was friendly, and also frank about the low salary (12K) and told me she'd been with the company only 8 months.
Back to top
View user's profile Send private message
Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Wed Jan 30, 2013 3:58 am    Post subject: Reply with quote

I wouldn't say contracts are worthless. They do function as a fairly clear guideline for both sides, even though it's possible and likely both sides deviate from it somewhat. This usually doesn't pose a problem as long as it's minor stuff. I know this is true in my case.
Back to top
View user's profile Send private message
Burke



Joined: 22 Nov 2012
Posts: 42
Location: Beijing

PostPosted: Wed Jan 30, 2013 4:55 am    Post subject: Contracts in China are not totally worthless... Reply with quote

Contracts in China are not totally worthless, although I used to think so. Then I read this old article... http://www.cleverchinacheaters.com/2012/09/contracts-in-china-why-bother.html
Back to top
View user's profile Send private message
just another laowai



Joined: 07 Jul 2007
Posts: 373
Location: Beijing

PostPosted: Wed Jan 30, 2013 12:01 pm    Post subject: Re: Contracts in China are not totally worthless... Reply with quote

Burke wrote:
Contracts in China are not totally worthless, although I used to think so. Then I read this old article...


Hi Bruce Anthony Gorcyca's new account
Back to top
View user's profile Send private message
jg



Joined: 26 Mar 2003
Posts: 1245
Location: Ralph Lauren Pueblo

PostPosted: Thu Jan 31, 2013 12:32 am    Post subject: Reply with quote

I had a talk with one of the management guys from the company last night. He told me that:

*sick days are paid at 50%
*that the 2 week hotel stay that was mentioned in the interview (but isn't in the contract) would be followed through on, and he would make arrangements with the local manager, who I will meet with once I send him a scanned copy of the signed contract
*class hours shouldn't be a worry
*when I asked about forgoing the two month probation period at 11K RMB and starting at the full salary of 12 RMB (up to 20 teaching hours, 31 in total) he said that the school has never done excluded this, however in the contract it says this point is at the employer's discretion.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> China (Job-related Posts Only) All times are GMT
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2011 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Road2Spain - TEFL and Spanish with one year student visa
EBC