Job Discussion Forums

stavrogin2001 · Joined: 06 May 2004 Posts: 92 Location: Liaoning

Anyone out there know what the laws are on providing airfare allowance at the end of a contract?

Because I was already in China when I took my current position the FAO head said that they did not plan on giving me any money for my round-trip air ticket as stipulated in my contract. When questioned about it I was told that if I were to produce a receipt for a roundtrip air ticket they would give my up to 8k, but that they would not flat out give me the money without a ticket. The FAO here loves to talk about laws and rules both written and unwritten from the Chinese government. However nobody is given a copy of this "lawbook".

Where I was at before they simply gave the teacher the money for the ticket because some peoples ticket was more than the 8k and it was an easier way for the university to deal with this situation.

Any advice on what one can do about this would be great.

Also advise to anyone already in China, ask this question before you sign a contract and have it put in your contract before you sign it. Otherwise you might find yourself up a creek without a ticket.

Guest · Posted: Sun May 23, 2004 6:14 am Post subject:

Yes I was wondering about this also. If you come to China for a year and then go back home again and you have a return ticket, then the issue it cut and dried.

If you are already in China, then they do not see why they should have to pay your fare to get here, when you are already here!

This will be the case as far as I am concerned at this time next year as I am coming back here from Australia on a one way ticket. I do not know what the School will do next time!
Why should they pay me for a return ticket, when I am not in fact returning to Australia? It will be interesting to see what they do.

Also, I think the Australian teacher who left here at the end of December only received 4,000 rmb and my return fare from Australia was more like 6,000 rmb, so I will just have to see what they pay me next month.

I think the fare is dearer from the U.S.A. than from Australia. I paid $1,250 return, which is roughly 6,000 rmb.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Yep, I was told the same thing. My school reimbursed me THIS year, but next year I would only get 5000rmb (which would be roughly enough for a one-way ticket back home). So, I made a decision to go home in August for three weeks and now I will get full reimbursement at the end of my contract (and my ticket was just under 8000 which was the maximum they would reimburse). For anyone who will be staying here a second (or third?) year, I would talk to your employers about this before signing a contract. And I was also told it was some sort of law or regulation.

nolefan · Joined: 14 Jan 2004 Posts: 1458 Location: on the run

it is not as much regulation as it is agreement between you and your employer. If the contract calls for reimbursement of your airfare and you don't go home, then there is no airfaire to reimburse. plain and simple!

before siging that contract, dot all the I and cross all the T.... Ask about what happens if you don't go home ? ask about what happens if you go somewhere other than "home" ...... This is China, everything is negociable.

Roger · Joined: 19 Jan 2003 Posts: 9138

As far as I know, airfare is a legal right granted us courtesy of the powers-that-be, i.e. the PSB who have to vet our contracts.
Note also that public schools don't normally pay us during summer holidays; the airfare often is approximately as much as Chinese teachers make during those 6 to 8 weeks. I don't know about those of us who make considerably more than Chinese teachers do, but at public schools that would hardly be the case.
Therefore, they have no legal basis to withhold it from you. It does happen, though, as I know full well; it happens precisely because they dawdle with our visa application, and in effect, we may lose our prorated right to airfare during those months of waiting for them to process our visa application.
I think, over the past three years many a public school has seen a windfall opportunity to generate some pocket money for the CHinese staff by withholding our airfare unless we have roundtrip tickets in our name.
In my case, I have always received my airfare whether I actually used it on a flight or not, but there was one college that owes me 2 monthly instalments of my prorated airfare - I walked out on them.
They never had the intention of paying it before the end of my stint, and I never knew how much I was going to earn the NEXT month.
In such cases, you can do nothing at all! Try their education bureau for help or arbitration!

Louis · Joined: 02 Jan 2004 Posts: 275 Location: Beautiful Taiyuan

Read your contract again. If it says that the school will reimburse the price of an airline ticket (up to 8000 Y), then you must have said ticket. If the contract instead mentions an "airfare allowance" or something similar, and there is no mention of an actual ticket, go to a bar and buy a beer for your lawyer. You should get the allowance regardless of whether you spend it on a ticket or not. No guarantees, though.

stavrogin2001 · Joined: 06 May 2004 Posts: 92 Location: Liaoning

In conclusion, that is it. Ask, ask ask. after you get done asking, Have every little thing written in your contract. Toto and the laiwai aren't in Kansas anymore.

However I do wonder about some of the wording in my contract. It is the only contract I have had in China that at the bottom states it is an agreement legally bond in both the US and China. I am sure this is just Chinese double talk, but I wonder what would happen if you took this kind of document into a US law office.

I suppose I should either make a trip home or get over it, but I will not make the same mistake again. It has really been a miserable year. I guess I am being pig-headed about it because they have really been horrible people to work for. Things like "No foreigners" signs in the FAO office. There is a little reception room for meeting foreigners in a different place. I would never recommend someone to work here.

Rhino · Posted: Mon May 24, 2004 1:10 am Post subject:

hmmm... it may be a matter of wording. My contract says "End of contract bonus" and has nothing to do with airfare.

Roger · Joined: 19 Jan 2003 Posts: 9138

No, "bonus" is NOT "airfare" unless specifically entered as such; "airfare" is a legal requirement, while bonus is a voluntary return. It is simply too latexy to hold enough water to pass as "airfare"; how much would your "bonus" be?
It is something that they alwyas feel free to deny you even if it is clearly stated in your contract. Does it say "bonus equivalent to one month's salary"?
If in doubt, ask your employer; I am sure he will say that 5 kuai he advanced to you so you could buy a decent notebook for your classes was a "bonus"...

arioch36 · Joined: 21 Jan 2003 Posts: 3589