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contract negotiations
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sirenii



Joined: 20 Oct 2009
Posts: 21

PostPosted: Wed Jul 25, 2012 8:25 am    Post subject: Negotiating airfare Reply with quote

I'm so glad to have seen this thread. While I have successfully negotiated non-ESL contracts in the States throughout my former career, I had no idea what one might be able to negotiate in China without offending one's potential employer.

How likely is it that you can ask (in lieu of a higher salary) to have "airfare reimbursed after one semester" changed to prepaid for the trip to China to teach? I'm concerned about start-up costs and airfare upfront would be a huge help. Has anyone done that successfully before? Even if you haven't, can you give me an idea of how you think a school or training center would respond?

Many thanks for whatever help you can offer.
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GeminiTiger



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

PostPosted: Wed Jul 25, 2012 9:45 am    Post subject: Reply with quote

airfare up front is not likely because it's used as a standard carrot to make you finish the contract.
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wally72



Joined: 08 Jun 2012
Posts: 21
Location: Toronto

PostPosted: Wed Jul 25, 2012 12:16 pm    Post subject: Private place Reply with quote

Sometimes you can ask for a housing allowance, but I would negotiate it before getting on the plane. (What's up with all the plane flights I've had to pay for in the last ten years?!)
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sirenii



Joined: 20 Oct 2009
Posts: 21

PostPosted: Wed Jul 25, 2012 12:32 pm    Post subject: Airfare cont'd Reply with quote

Thank you, Gemini Tiger and Wally, for your replies. I know the flight back to the States is meant to be an incentive to stay, but I want to try to get at least a one-way flight to China. Some of the jobs I've seen have as a benefit the reimbursement for the intial flight to China in two installments, one after the first three months, so I'm hoping I can get them to move that up or have them write into the contract that if I leave before the end of my contract I'll pay back half of the round trip ticket. I'm not so concerned with having the money to get back to the States early (not that I anticipate that) as I am the initial flight in September as it's just going to be a leaner than usual month.

Regarding the housing allowance , Wally, I've only been considering those jobs that offer free housing and at least reimbursed flights, but your comment is helpful for all of us considering how and what to negotiate. Thanks again!
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wally72



Joined: 08 Jun 2012
Posts: 21
Location: Toronto

PostPosted: Wed Jul 25, 2012 12:48 pm    Post subject: Negotiations Reply with quote

Sure, glad I can help. The ones I've seen offering an allowance usually say the school will help you find a place nearby. If not, be sure to discuss it with them on that initial phone conversation I hope everyone is planning on making. It doesn't hurt to talk to the school on the phone before committing. Sometimes they'll call you (as in the case of Korea).
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Wed Jul 25, 2012 2:31 pm    Post subject: Re: Airfare cont'd Reply with quote

sirenii wrote:
Thank you, Gemini Tiger and Wally, for your replies. I know the flight back to the States is meant to be an incentive to stay, but I want to try to get at least a one-way flight to China. Some of the jobs I've seen have as a benefit the reimbursement for the intial flight to China in two installments, one after the first three months, so I'm hoping I can get them to move that up or have them write into the contract that if I leave before the end of my contract I'll pay back half of the round trip ticket. I'm not so concerned with having the money to get back to the States early (not that I anticipate that) as I am the initial flight in September as it's just going to be a leaner than usual month.

How much money do you plan to bring to China with you? This is an important question.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Wed Jul 25, 2012 2:50 pm    Post subject: Re: Airfare cont'd Reply with quote

sirenii wrote:
I know the flight back to the States is meant to be an incentive to stay, but I want to try to get at least a one-way flight to China. Some of the jobs I've seen have as a benefit the reimbursement for the intial flight to China in two installments, one after the first three months, so I'm hoping I can get them to move that up or have them write into the contract that if I leave before the end of my contract I'll pay back half of the round trip ticket. I'm not so concerned with having the money to get back to the States early (not that I anticipate that) as I am the initial flight in September as it's just going to be a leaner than usual month.


I guess anything is possible, but I have yet to hear of any school in China that reimburses all or part of your airfare upon arrival, or even in the first month or two.

If you are that hard up financially you might have better luck trying to negotiate free meals in the school cafeteria. That way at least you know you will get fed.
I have worked at two different schools that offered free meals.


.


Last edited by rogerwilco on Wed Jul 25, 2012 3:15 pm; edited 1 time in total
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Wed Jul 25, 2012 3:01 pm    Post subject: Reply with quote

My suggestion would be to ask the school to help out with the start up costs. The school may initially put down the deposit on the apartment and then later deduct it from your salary.

I doubt they would pay airfare up front. There is always the chance of someone getting off the plane and never showing up to the school.
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DirtGuy



Joined: 28 Dec 2004
Posts: 529

PostPosted: Wed Jul 25, 2012 4:11 pm    Post subject: insurance clause in contract Reply with quote

I have been offered a position at Harbin University of Commerce. Most of the contract looks OK but there are several parts where I'd appreciate a 2nd opinion.

This one really bothers me:

2) If Party B suffers from the common illnesses, (such as the cold, fever etc.), Party A should cover the medical expenses; if Party B suffers from major diseases or chronic illness, or suffers injuries and surgeries unrelated to his /her job at Harbin University of Commerce. Its resulting expenses of medical treatment shall be borne by Party B. Party A does not cover the expenses of teeth-fittings, cosmetic surgery, glasses, massage, and treatment for chronic diseases for Party B.

It looks like if I have a heart attack in front of the class, I get taken care of. However, if I cut myself and my skin starts to dissolve (happened to me in Taiwan) while on a hike, I'm on my own. Other contracts I've been offered say that I am covered for, as far as I can tell, everything but I may have to pay out-of-pocket initially and that is OK. Anyone care to comment on the above part of the contract?

Cool Party B need to pay for himself the medical check-up, visa and residence permit.

Shouldn't I get reimbursed for these costs? I have no idea how that emoticon got in there and I can't seem to get rid of it.

9)Party B should move out of the apartment before July 31st, if he/she is not going to continue the contract. New teacher can move in the apartment after August 10th. When Party B moves into the apartment ,he/she must pay 1000 yuan RMB deposit, when leaving this working position, after checked by the house-keeper, if he/she damages the items of the apartment, some compensation need to be deducted from the deposit.

Is a security deposit for a uni-owned apartment normal?

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $ 800 to 3,000 or the equivalent RMB of 3 to 10 times of Party B�s salary.

I'm not planning on screwing up so I hope this section never has to be dealt with. It sounds pretty draconian. Your thoughts?

Thanks for everyone's help.

DirtGuy
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Wed Jul 25, 2012 4:24 pm    Post subject: Re: insurance clause in contract Reply with quote

DirtGuy wrote:
I have been offered a position at Harbin University of Commerce. Most of the contract looks OK but there are several parts where I'd appreciate a 2nd opinion.

This one really bothers me:

2) If Party B suffers from the common illnesses, (such as the cold, fever etc.), Party A should cover the medical expenses; if Party B suffers from major diseases or chronic illness, or suffers injuries and surgeries unrelated to his /her job at Harbin University of Commerce. Its resulting expenses of medical treatment shall be borne by Party B. Party A does not cover the expenses of teeth-fittings, cosmetic surgery, glasses, massage, and treatment for chronic diseases for Party B.

It looks like if I have a heart attack in front of the class, I get taken care of. However, if I cut myself and my skin starts to dissolve (happened to me in Taiwan) while on a hike, I'm on my own. Other contracts I've been offered say that I am covered for, as far as I can tell, everything but I may have to pay out-of-pocket initially and that is OK. Anyone care to comment on the above part of the contract?

Cool Party B need to pay for himself the medical check-up, visa and residence permit.

Shouldn't I get reimbursed for these costs? I have no idea how that emoticon got in there and I can't seem to get rid of it.

9)Party B should move out of the apartment before July 31st, if he/she is not going to continue the contract. New teacher can move in the apartment after August 10th. When Party B moves into the apartment ,he/she must pay 1000 yuan RMB deposit, when leaving this working position, after checked by the house-keeper, if he/she damages the items of the apartment, some compensation need to be deducted from the deposit.

Is a security deposit for a uni-owned apartment normal?

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $ 800 to 3,000 or the equivalent RMB of 3 to 10 times of Party B�s salary.

I'm not planning on screwing up so I hope this section never has to be dealt with. It sounds pretty draconian. Your thoughts?

Thanks for everyone's help.

DirtGuy


My understanding of "2" is that if you get a cold they will allow you to be treated in the school clinic. If you have a heart attack, you are SOL, and need to pay your own way.

" if Party B suffers from major diseases or chronic illness, or suffers injuries and surgeries unrelated to his /her job at Harbin University of Commerce. Its resulting expenses of medical treatment shall be borne by Party B. "

Good luck in trying to claim that the school caused your heart attack....


I have never had to pay for my own medical check-up in China, or residence permit.
It is typical that you pay all visa or medical costs in your home country, and then the schools will pay all costs after you have arrived in China.

I have never been asked to pay a deposit.


It seems more common now that schools are not providing much health coverage. A years worth of health coverage is about 1,500RMB through PICC. You can buy it yourself, or try to get the school to buy a policy for you.


Last edited by rogerwilco on Wed Jul 25, 2012 4:32 pm; edited 2 times in total
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Wed Jul 25, 2012 4:25 pm    Post subject: Reply with quote

Breach penalties are standard fare. No-one, school or teacher, has ever been known to pay a breach penalty as far as I know, so I wouldn't worry about it too much. Apartment deposit isn't that common but some schools likely have them because they've had problems in the past with things either missing or broken when the teacher goes to move out. Our school doesn't have such a policy but there have been issues once or twice when people moved out and the school inventory didn't match what was in the apartment. If you get/buy insurance (either on your own or via your school) you should get a booklet that tells you what you're covered for. You often need to pay up front and try to claim later. Never been ill myself so have no experience with claims.

Breach penalty (found in every contract) and health insurance (you need some form of insurance) can't normally be negotiated, but you can ask them to remove the apartment deposit.
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Lobster



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

PostPosted: Wed Jul 25, 2012 5:36 pm    Post subject: Reply with quote

They should pay for your visa and medical check. No question.
They should provide accident and medical insurance. No question.
The breach penalty should be a set amount and not a range. Negotiate.
A damage deposit of 1k is unusual but not too bad.

RED
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Ariadne



Joined: 16 Jul 2004
Posts: 960

PostPosted: Wed Jul 25, 2012 8:21 pm    Post subject: Reply with quote

Lobster, I disagree re the medical check. If you do one before you arrive in China then yes, you pay. However, if you do it after arrival, then the school often pays the fee for the medical exam. That's my experience, but as with all else here, results may vary.

.
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Miles Smiles



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

PostPosted: Wed Jul 25, 2012 9:35 pm    Post subject: Reply with quote

7969 wrote:


I've never been subject to such things, no-one I've met from other schools has either, and I wouldn't accept this. If any school insisted on limiting my freedom in this way I'd tell them no thank you and tell them why.



I haven't seen one SAFEA public university contract that did NOT cover visitation and overnight guests. You must never have signed an SAFEA contract. Good for you.

Quote:
Every FT at a university job I've ever talked to, or read posts by on this forum, can quite easily arrange every Monday or Friday off just by asking, giving that person long weekends every week. I've never failed at this. In my second term at my job I even managed a 2.5 day workweek, Monday morning to Wednesday noon. Partly by luck partly by making my desires known.


Oh, really? You negotiated this or was it completely by luck?

Where was this? How large was the school?

And NONE of your friends have EVER encountered restrictions on apartment visits?

I'm off to see the Wizard... Rolling Eyes
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Miles Smiles



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

PostPosted: Wed Jul 25, 2012 10:29 pm    Post subject: Reply with quote

Dirt Guy

Quote:
Is a security deposit for a uni-owned apartment normal?


I haven't heard of this, but then, I haven't looked through many contracts during the past year. I wouldn't be surprised if the university asked for a deposit for two reasons:

a). Some colleges and universities are under pressure to privatize because money is tight in some places. This is one way in which the school can add money to its coffers, even if it is only temporary.

b). Some FTs leave a terrible mess behind. The incoming FT is sometimes expected to clean up after him. If the new FT balks, the school has to hire someone to clean up the apartment.


Quote:
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $ 800 to 3,000 or the equivalent RMB of 3 to 10 times of Party B�s salary.


I've seen something similar to this in the body of SAFEA contracts in the past, but it is almost always lowered in the addendum BY THE SCHOOL. This is just a little bone that the SAFEA throws out to make you think that it cares about the FT. (If SAFEA really cared, somebody would answer the phone and reply to emails). In my experience, schools don't pay fines if something goes wrong. Generally, it'll try to make it up to you in some way. There's a lot of give-and-take in the FT-school relationship. Nobody really likes contracts, I think, but they exist to cover people's *sses just in case.
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