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Contracts in China

 
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nashboroguy



Joined: 17 Nov 2012
Posts: 11
Location: Shangrao, Jiangxi Province, China

PostPosted: Wed Dec 19, 2012 2:06 am    Post subject: Contracts in China Reply with quote

I am sure there are numerous posts about contracts and things to accept and things not to accept. I recently reviewed and tried to negotiate a contract with Accolade English Institute. It was a pretty general contract, so I had several concerns.

One of the sticking points, in most China contracts, is the number of hours they specify in the contracts. Accolade had the standard 25 classes per week. This is a heavy load for an ESL teacher. When I tried to have them stand firm on that figure, or put a notation in the contract that I can refuse additional classes, they balked. Through more discussion on the topic of classes per week, it was soon discovered that they did indeed expect me to teach more classes. This is slave labor when your employer tells you that you have to work more than what was discussed. They could easily make me work 40 classes per week and I would have nor recourse.

That is only one point on conflict. I am discovering how many contracts includes fines. It would be very easy, and stories abound online, about schools fining you towards the end of the contract to save on having to pay the end of contract benefits packages and bonuses. With Accolade, they fine you 10,000, plus costs incurred for the contract.

Another issue with Accolade they do not put the fines, probation periods, and many other things in their contracts for your review. Instead, they get you there to the school and then introduce you to the information. By then you are stuck there.

I am not saying Accolade is a bad school. I had not worked there or spoken to anyone regarding the school work environment. I merely point out some of the problems of the contract. And, having seen several Chinese contracts, one should know exactly what is in the contracts and the problems you may find yourself in once hired. Just be cautious.

Best of luck to all. And, be careful out there. You do not have to be taken advantage of by schools because they think they have the upper hand on us. As ESL teachers, we work hard, dedicate ourselves to the children, and are usually accepting of helping our schools out when they ask us to do extra. But, we should always have a right to say "no thanks", and you are not a slave.

One final note, please do not be deterred from working at this school based on this one review of a contract negotiation that did not work for me. I hold no ill-will against the school. I merely point out my experience and some things that you may be interested in. I would love to hear from anyone that has worked for Accolade in the past.
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Javelin of Radiance



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

PostPosted: Wed Dec 19, 2012 2:27 am    Post subject: Reply with quote

There's a lengthy sticky on Contracts on this forum where all of this is already covered but it's locked, still some decent posts on there that're still relevant.

Read the contract thoroughly, and take your time doing that. Ask lots of questions. Act professionally and know what you're signing. If you try to negotiate something you feel is important (and within reason) in the contract and the school refuses, then you can walk. If you agree to one contract and are presented with another very different contract once you arrive, you negotiate. If they aren't willing, then again, you're free to walk. No-one's forced to accept a contract they don't like and there are literally thousands of jobs to be had here. The only people who are "stuck" in a job or who get treated like a "slave" are those leave themselves vulnerable to being abused. If you're a prudent newbie and arrive here with a return ticket and a few thousand dollars in the bank, which many members here recommend, you have the means to get up and leave if the school tries to screw you over. It sucks having to do that but welcome to expat life, nothing's 100% guaranteed. Some people will try make excuses why they can't leave and they remain in a bad situation, and those are probably the people who claim to be abused as slaves. Hate to beat a dead horse but most of this stuff is common sense isn't it?
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Nkengaola



Joined: 28 Nov 2011
Posts: 92
Location: Wanzhou, Chongqing

PostPosted: Wed Dec 19, 2012 10:20 am    Post subject: Reply with quote

I work at this school. If you can, send me a PM, and I'll answer any questions you have.

It's not a bad place to work, and it's better than some places I've heard about, but it's not a cakewalk. It's also the first place I've ever TEFL'ed at, so take my words with a grain of salt. There are two teachers at the school who have been here for three years or more - the rest of us have been here less than a year.

From what I understand, from what I've actually done, and from what my contract says (I'm looking at it now, and it's the one I signed when I got here), I CAN turn down any classes that are over the 25 a week. And I DO get overtime if I teach more than 100 classes in a month (although it's not much). It's in Clause 2 of the "Job Requirements of the Employee".

The teachers who have 20 class a week contracts are paid less than those of us with 25 class a week contracts (obviously). If you really want fewer classes per week, hold firm.

As I said, send me a PM if you can, and I'll give you more details. Any questions I can't answer, I'll check with the long-timers here.
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GreatApe



Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere

PostPosted: Thu Dec 20, 2012 12:46 am    Post subject: Reply with quote

Javelin of Radiance wrote:
Quote:
The only people who are "stuck" in a job or who get treated like a "slave" are those leave themselves vulnerable to being abused. If you're a prudent newbie and arrive here with a return ticket and a few thousand dollars in the bank, which many members here recommend, you have the means to get up and leave if the school tries to screw you over. It sucks having to do that but welcome to expat life, nothing's 100% guaranteed.

+1 to that!

Newbies need to understand that if they accept a job (regardless of what's in the contract) they are going to be asked to "do other things" that go beyond what is stipulated in the contract. That's the nature of "The Beast" in the PRC.

At that point, you have a choice! ... 1) say "Yes" try to make EVERYONE happy and see demands on your time, teaching, promoting, advertising, etc. increase, increase, increase. 2) say "No" and refuse all extra requests ... thereby alienating people and risking NOT having your contract renewed, or 3) negotiate, negotiate, negotiate. It's important to set parameters no matter what is in the contract.

My first year, I said "Yes' to almost everything because I was new and wanted to make everyone (particularly my employer) happy. This included teaching English in a Wal-Mart for a Training Centre promotion and advertisement, if you can believe that! Talk about feeling like a Dancing Bear!

After three years and three different jobs, I'm finally becoming more grouchy and I protect my time much more carefully. The other day, for example, our Academic Coordinator asked me to do something that was ridiculous and I simply told him, "It's important to know when to say 'No!' ... and I'm saying 'No!' to you now!"

Don't forget, you have a skill-set and a talent which is in demand here right now. That will make you "popular," "different," "unusual" ... and, depending on many different factors that can be a good thing or an "inconvenience" but you can moderate that as you see fit. If you are (particularly but NOT exclusively) young, half-way good looking, funny, Caucasian, and a decent teacher/English speaker YOU WILL BE IN DEMAND (how much demand often depends on location)! Again, popularity has its high-points and its low-points.

Good Luck!

--GA


Last edited by GreatApe on Thu Dec 20, 2012 12:16 pm; edited 1 time in total
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Nkengaola



Joined: 28 Nov 2011
Posts: 92
Location: Wanzhou, Chongqing

PostPosted: Thu Dec 20, 2012 1:28 am    Post subject: Reply with quote

Great points, Javelin and GreatApe. �To treat a person like a carpet, it is necessary that one do the walking, and one allow himself to be walked on."
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Lancy Bloom



Joined: 23 Nov 2012
Posts: 126
Location: Hong Kong

PostPosted: Thu Dec 20, 2012 7:03 am    Post subject: Reply with quote

Cut the bananas. YOU ARE FREE TO WALK. You pay your way here and then another contract comes out. What kind of fool falls for that.
Where are you going to walk to the PSB?
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