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Contract Question - withholding 10% of monthly pay clause

 
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MisterOyster



Joined: 28 Jun 2012
Posts: 9

PostPosted: Fri Jul 13, 2012 4:35 am    Post subject: Contract Question - withholding 10% of monthly pay clause Reply with quote

I've been reviewing contracts from various job offers and in one from Taizhou Vocational and Technical College there is this:

IV. Salary payment
Party B gets 90% of his salary (after tax ) in the early of next month, and the rest is retained temporarily by party A as party B's credit bill to fulfill the contract; If party B abides by the contract , has no violation behavior during contract fulfillment period , and works to the contract end, party B will get 100 percent when the contract ends.

Is this type of clause commonplace?

Could it be a sign of past problems with FT retention?


Last edited by MisterOyster on Fri Jul 13, 2012 7:04 pm; edited 1 time in total
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Fri Jul 13, 2012 5:44 am    Post subject: Reply with quote

Quote:
Is this type of clause commonplace?


No.

Quote:
Could it be a sign of past problems with FT retention?


Yes.
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GeminiTiger



Joined: 15 Oct 2004
Posts: 999
Location: China, 2005--Present

PostPosted: Fri Jul 13, 2012 6:04 am    Post subject: Reply with quote

agree with john.

also, usually airfare reimbursement fulfills the role of keeping the teacher until the end of the term. if your really keen on the job i would ask some questions like, is this money taxed, will i receive exactly x amount of money? will there be any fees applied for housing or something?
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Fri Jul 13, 2012 7:17 am    Post subject: Reply with quote

If you note carefully, they don't specifically mention what constitutes "violation behavior", so it would be very easy for them to conjure up any excuse to deny paying you full salary. Article 85 of the Labor Code specifically prohibits this practice. Out fits who have clauses like this often also do things like keep your passport, refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc. Pass on places that want to keep your money. They don't trust you, and you shouldn't trust them.

RED
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Fri Jul 13, 2012 8:29 am    Post subject: Reply with quote

Ditto John.

But also the school might have past problems because of foreign teachers not putting up with what we in the west would consider abuse.
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Fri Jul 13, 2012 2:16 pm    Post subject: Reply with quote

I've never seen it in an SAFEA contract or in any addenda.
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fortunatekooky



Joined: 14 Apr 2011
Posts: 24
Location: China

PostPosted: Fri Jul 13, 2012 2:52 pm    Post subject: Reply with quote

All of the above
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kungfuman



Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho

PostPosted: Sat Jul 14, 2012 1:21 am    Post subject: Re: Contract Question - withholding 10% of monthly pay claus Reply with quote

MisterOyster wrote:
I've been reviewing contracts from various job offers and in one from Taizhou Vocational and Technical College there is this:

IV. Salary payment
Party B gets 90% of his salary (after tax ) in the early of next month, and the rest is retained temporarily by party A as party B's credit bill to fulfill the contract; If party B abides by the contract , has no violation behavior during contract fulfillment period , and works to the contract end, party B will get 100 percent when the contract ends.

Is this type of clause commonplace?

Could it be a sign of past problems with FT retention?


It pretty much means that whoever hires you is keeping 10% of your salary.

read BETWEEN the lines.
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kungfuman



Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho

PostPosted: Sat Jul 14, 2012 1:22 am    Post subject: Reply with quote

Lobster wrote:
refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc.

RED


My last school refused to give us the FEC or cancel it when the contract was over. Caused MANY problems for my new school and me as I cant get a new visa now or new FEC.
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The Edge



Joined: 04 Sep 2010
Posts: 455
Location: China

PostPosted: Sat Jul 14, 2012 5:33 am    Post subject: Reply with quote

LOL at the Opening Post.
Contracts these days are a constant source of amusement for me.
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5h09un



Joined: 01 Jul 2010
Posts: 140

PostPosted: Sun Jul 15, 2012 1:49 am    Post subject: Reply with quote

kungfuman wrote:
Lobster wrote:
refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc.

RED


My last school refused to give us the FEC or cancel it when the contract was over. Caused MANY problems for my new school and me as I cant get a new visa now or new FEC.


What are you doing about it? Have you contacted the authorities? I'm pretty sure your former employer can be fined if they do that. Contact the Foreign Expert Bureau about it. They'll probably help you.
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