Job Discussion Forums

Brian Hugh · Joined: 07 Jan 2012 Posts: 140 Location: China

What counts is a good relationship. Unfortunately in China it means being able to drink copious amounts of baiju. A contract is important but for a teacher to seek legal retribution the cost of a lawyer is usually greater than the amount you have lost.
Don't be rushed and be like the Japanese in China. (Sit on your hands and don't just sign your name fifty times)

GeminiTiger · Posted: Wed Jul 18, 2012 1:16 am Post subject:

basbas · Joined: 21 Oct 2011 Posts: 116

NoBillyNO · Joined: 11 Jun 2012 Posts: 1762

Our contracts are written and then are approved by the labor department. They contain no housing or flight reimbursement, insurance or extras, just contracted payments as we are paid by an overseas university. If I were to rewrite a portion of a contract, as I understand it, approval from the Labor Department would have to be obtained before it would be considered a legal contract. All our contracts contain a Labor Department number that is unique to the contract itself. Any dispute could be taken to the labor department and that doesn't require a lawyer as it is mediation, and if resolution is not accepted then civil court is required. The English copy is signed but the (Chinese) translated copy that accompanies it, is not signed.

GeminiTiger · Posted: Fri Jul 20, 2012 2:47 am Post subject:

boomerexpat · Joined: 15 Apr 2012 Posts: 135 Location: Mexico

Thanks everyone for the comments. I wanted, out of intellectual curiosity, to get a lot of votes on the poll but oh well.

It is good to see that some schools actually negotiate in the contract. That is a sign of professionalism in my book, as is drawing up a fair contract in the first place.

It still surprises me that so many teachers I have communicated with regarding contracts pay no attention to anything beyond pay, hours, and, maybe, days of week.

It seems like many teachers in Asia believe, and maybe rightly for all I know, that contract language beyond those items is meaningless. However, it also seems like ignoring the wording of contracts might be the reason why some schools add in so much one-sided nonsense into the contract in the first place.

I find it interesting to see the disconnect between the contract I received and the reviews of the teachers regarding the school that sent it to me. The contract goes out of its way to sound draconian. The teachers uniformly talk about what a drama free experience the school is for them.

Odd. I don't usually find that type of disconnect. Maybe it is just because no one who works there pays attention to what is in the contract beyond teaching hours and pay.

NoBillyNO · Joined: 11 Jun 2012 Posts: 1762

GeminiTiger · Posted: Fri Jul 20, 2012 5:08 am Post subject:

NobillyNo, I would say that is a very special case within the sphere of working in China 99% of us sign the same contract and some unique appendix. Are you employed directly by the foreign university or the Chinese university?

Lobster · Posted: Fri Jul 20, 2012 5:22 am Post subject:

If you work for and are paid by an overseas uni then you are effectively working for a foreign entity under the contract law of that country. If you are not working under a SAFEA contract then you have no access to mediation in China. If you are, for example, employed by a Canadian uni and working under their contract, you are liable for Canadian taxes and eligible for Canadian social benefits. In any case, your situation is an anomaly and therefore doesn't really help anyone who is working here under the standard SAFEA + Appendix contract conditions. If you were working under standard SAFEA contract with no appendix then no revision would be allowed.

RED

NoBillyNO · Joined: 11 Jun 2012 Posts: 1762

As I understand it, all contracts have to be approved by the Department of Labor and if working in China, employment comes under the guidelines of that department. For example, you can be hired by a company in a foreign country as a consultant but China doesn't recognize consultancy unless it is a private enterprise registered. The local FEC sponsor has informed me that we do have access to mediation by the Labor Department and simply by filling out paperwork, attention would be paid to the complaint.

The Edge · Joined: 04 Sep 2010 Posts: 455 Location: China

Never sign a contract that is in English and Chinese as the Chinese clauses will be given priority and the wording / translation can often be tenuous.
INSIST that your contract is in ENGLISH ONLY.

Lobster · Posted: Fri Jul 20, 2012 5:55 pm Post subject:

I just can't see the Labor Department sifting through thousands of contracts to ensure that they are in compliance. I think someone's making some creative statements. Point is that in order to obtain an FEC, a contract from the issuing unit must be submitted. That unit, and only that unit, will be the employer in the eyes of the Labor Department, so as far as they're concerned the foreign uni doesn't even exist. The contract agreement between the foreign uni and the Chinese unit is simply an in-house affair. You would be eligible for mediation here in that case. I have worked under a similar arrangement that went one step further. I had employment contract with a foreign uni that transferred it over to a Chinese company. That company then linked with a Chinese college that arranged the FEC. The new contract, drawn up by the college but not followed, was the only one the Labor Department saw as being official.

I don't think you need to insist that a contract be in English only, and you certainly can't insist on an English-only SAFEA contract. It is what it is. You could, however, request a clause stating that the English version has precedence.

RED

GeminiTiger · Posted: Sat Jul 21, 2012 12:10 am Post subject:

Isn't the contract written by SAFEA printed in both Chinese and English in a single bundled contract in bulk by the head office?

Lobster · Posted: Sat Jul 21, 2012 2:51 am Post subject:

Yes, I believe so.

RED

wangdaning · Joined: 22 Jan 2008 Posts: 3154

My FEC is sponsored by a local uni. My contract with that uni is an altered copy of the SAFEA contract. I guts many of the clauses, promises some of my pay and housing. It stipulates that all work related duties shall be controlled by the foreign company. I then have my real contract that stipulates my other pay, bonuses, work schedules, ect.

Not all contracts are standard SAFEA contracts. A contract is needed to get the RP and FEC, but any alterations or additional contracts are just as binding as the original.

In the event of disputes, I would not rely on SAFEA or the Labor Bureau. Get an attorney to file a complaint, not that expensive. Chances are the school would rather settle quietly than risk losing openly. I would only go this far if it was a decent amount of money. Sometimes it would be better to just cut and run.