| View previous topic :: View next topic |
| Author |
Message |
7969
Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong
|
 Posted: Sat Jun 16, 2012 3:54 am Post subject: |
 |
|
| Andros wrote: |
| the current teacher indicated that there was no curriculum or books for teaching. Kind of showed the uni didnt really care about English there, they just wanted a teacher to show up. |
This is fairly common, especially for oral English classes. It can be a problem if you have no idea what to do in class but at the same time it gives you the freedom as a "foreign expert" to teach what you see fit. A lot of people actually prefer this as some of the books a school might give you are truly awful. |
|
| Back to top |
|
 |
Lobster
Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea
|
| Posted: Sat Jun 16, 2012 11:03 am Post subject: |
|
|
Regarding Labor Law and retention of part of a worker's wages (even to prevent runners):
Article 85. If an Employer violates this Law by requiring workers to provide security or demanding property from workers, the labor administration authority shall order the same returned to the workers within a specified period of time and impose a fine on the Employer of not less than RMB�500 and not more than RMB�2,000 for each worker; if the workers suffered harm as a result of the said conduct on the part of the Employer, the Employer will be liable for damages.
RED |
|
| Back to top |
|
|
maxand
Joined: 04 Jan 2012
Posts: 318
|
| Posted: Sat Jun 16, 2012 2:16 pm Post subject: |
|
|
| Lobster wrote: |
Regarding Labor Law and retention of part of a worker's wages (even to prevent runners):
Article 85. If an Employer violates this Law by requiring workers to provide security or demanding property from workers, the labor administration authority shall order the same returned to the workers within a specified period of time and impose a fine on the Employer of not less than RMB�500 and not more than RMB�2,000 for each worker; if the workers suffered harm as a result of the said conduct on the part of the Employer, the Employer will be liable for damages.
RED |
Well, according to the Geneva Convention, paragraph 7, sentence 8, word 3: the.'" |
|
| Back to top |
|
|
Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
|
| Posted: Sat Jun 16, 2012 8:45 pm Post subject: |
|
|
Not to mention the Universal Declaration of Human Rights which is upheld to the letter in PRC.
I've seen a couple of threads recently where the OP was attempting to tie down the whole thing to the last contractual and teaching detail from the vantage point of their kitchen table at home.
It's not possible even when dealing direct and not through agents.
Minimise the downside but still expect to be "surprised" by some interpretations of employer obligations once on board. |
|
| Back to top |
|
|
Silent Shadow
Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond
|
| Posted: Sun Jun 17, 2012 2:20 am Post subject: |
|
|
| Non Sequitur wrote: |
They may have had runner problems in the past and the retention of 10% is a logical move... and it may not have been the school's fault.
|
It's actually an illogical move, whether it was the fault of the school or not.
If they've had several teachers doing runners or leaving over a fairly short period of time, the school should try to work out first of all if there is anything that they are doing to cause this. Are they sticking to the contract? Are their conditions unfair or in some way intolerable?
If the problem is with the school then adding another poor condition (from the potential employee's point of view) to the contract would make it even harder for the school to fill their empty space.
If the problem is unreliable employees, then the school would be much better off making their application process stricter, rather than the contract. Ask for more experience, check qualifications, background and experience more fully. That would be a better way to increase their chances of employees fulfilling their contracts. In this way, they would not be sending out red flags and having applicants suspect that they are dodgy.
Ok, the school may be trying to attract desperate teachers who aren't qualified for anything better, or down to their last pennies. However, this is an admission of failure on the schools part, a lowering of standards and could well decrease their chance of finding somebody who will reliably fulfill the whole contract. |
|
| Back to top |
|
|
Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
|
| Posted: Sun Jun 17, 2012 2:33 am Post subject: |
|
|
"If they've had several teachers doing runners or leaving over a fairly short period of time, the school should try to work out first of all if there is anything that they are doing to cause this. Are they sticking to the contract? Are their conditions unfair or in some way intolerable?"
This implies a degree of self analysis that is foreign to any Chinese school I've encountered. |
|
| Back to top |
|
|
Lobster
Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea
|
| Posted: Sun Jun 17, 2012 3:43 am Post subject: |
|
|
Miles asked if labour law allows such practices, and I supplied the relevant article. Silly references to the Geneva Convention or the UDHR are not going to help anyone.
I get the point that you think an employer is just going to disregard the labour law anyway. Fine. You're the kind of people who'll get put over a barrel on your contracts, which you probably think are non-negotiable or not likely to be followed. You can whine about your contract problems later.
RED |
|
| Back to top |
|
|
Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
|
| Posted: Sun Jun 17, 2012 3:55 am Post subject: |
|
|
In the West there is a contractual remedy called 'specific performance'.
It is used to make the erring party do what they signed up for.
In China the negotiations go on after the document is signed. A never ending force majeure.
We were taking the piss but it is an issue newbies should be aware of. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
