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Contract says I have to leave after 5 years

 
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backtothefront



Joined: 02 Sep 2012
Posts: 48
Location: uk

PostPosted: Thu Sep 13, 2012 6:01 pm    Post subject: Contract says I have to leave after 5 years Reply with quote

I just signed a contract with Shenzhen Public Schools, a new programme which started this September. it has a strange clause in translated from Chinese:

The successive working period for the designated party shall not be over 5 years in China. For those that want to be employed in China must come back to China after two years.

Do you take this to mean I have to leave the country after 5 years? Regardless of where I end up working?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Thu Sep 13, 2012 6:33 pm    Post subject: Reply with quote

It is technically a rule that any foreign teacher has to leave after five consecutive years in China. I've heard of it being enforced, but I've also heard that it can be circumvented. No first hand experience, unfortunately, although I knew one foreign teacher who was refused a renewal because of it, but I think it was also an excuse to get rid of him. I've never heard the "stay out for two years", I always heard it was one year.
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Thu Sep 13, 2012 10:39 pm    Post subject: Reply with quote

Quote:
come back to China


I have heard this before. My last school said I would I have to leave "China". It wasn't that I had to leave China, but the school.

They have no way of knowing if another school wants to hire you or not.

I think more realistically, you might have to wait to return to the same school, not leave China. What if you go to Hong Kong? It's interesting how they say it is "theirs" one minute, but give refugee status for a while another minute Laughing


Last edited by chinatimes on Fri Sep 14, 2012 3:05 am; edited 1 time in total
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GeminiTiger



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

PostPosted: Thu Sep 13, 2012 11:46 pm    Post subject: Re: Contract says I have to leave after 5 years Reply with quote

backtothefront wrote:


Do you take this to mean I have to leave the country after 5 years? Regardless of where I end up working?


No. Simply put it means your position is not forever. You could go next door and work at a another school if you so desired. The only place I know that enforces a five year rule provincially is Sichuan, so if your working there for your first five years after that you will have to leave the province.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Fri Sep 14, 2012 2:11 am    Post subject: Reply with quote

on the bright side, if you are forced out, you'll be able to collect
your retirement contributions, and perhaps even apply for
unemployment benefits at the chinese embassy in your home
country.

Laughing
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teachingld2004



Joined: 17 Feb 2012
Posts: 389

PostPosted: Sat Sep 15, 2012 11:45 pm    Post subject: 5 year rule Reply with quote

In my school there are 3 teachers who had to leave after 5 years. But they school held their apartments for them and they were able to come back after 6 months. They had said that they could have gotten a job at another school for the 6 months and then come back.
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wonderingjoesmith



Joined: 19 Aug 2012
Posts: 910
Location: Guangzhou

PostPosted: Sun Sep 16, 2012 11:56 am    Post subject: Reply with quote

After 5 years, isn't there a rule which allows you to apply for a permanent RP? Why would you have to leave? Don't they want experienced teachers?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun Sep 16, 2012 12:04 pm    Post subject: Reply with quote

I've never heard of a "permanent RP". Probably the closest thing to that would be permanent alien resident status. I've HEARD that the five year rule is so that the native speaker will return to their home country and speak their native language with other native speakers; that is, if they stay in a foreign country for too long their speaking will become "rusty". Yeah, I know, bizarre, but........
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Laoshi1950



Joined: 22 May 2004
Posts: 198
Location: Australia

PostPosted: Sun Sep 16, 2012 12:19 pm    Post subject: Reply with quote

I am just starting my twelfth consecutive year working in China. In that time, before I came to Beijing, I had not worked for 5 years in any one particular city - but, I have now worked in Beijing for 5 years at two different universities. There was no mention of any "5 year rule" last May when I was renewing my Contract in Beijing for a sixth year.

I have not experienced the "5 year rule" in the other places that I worked in Jiangxi, Zhejiang, or Hubei. Like many other things in China, it seems that this "rule" is arbitrarily applied in random provinces and is also unevenly applied within those provinces.
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wonderingjoesmith



Joined: 19 Aug 2012
Posts: 910
Location: Guangzhou

PostPosted: Mon Sep 17, 2012 10:26 am    Post subject: Reply with quote

johntpartee wrote:
I've never heard of a "permanent RP". Probably the closest thing to that would be permanent alien resident status. I've HEARD that the five year rule is so that the native speaker will return to their home country and speak their native language with other native speakers; that is, if they stay in a foreign country for too long their speaking will become "rusty". Yeah, I know, bizarre, but........
Sorry, I wasn't aware that the right name was permanent alien resident status. Now, with this status, can you work?

The reasoning behind the 5 year rule is hilarious.
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teachingld2004



Joined: 17 Feb 2012
Posts: 389

PostPosted: Mon Sep 17, 2012 12:27 pm    Post subject: 5 year rule Reply with quote

Many people have told me that the 5 year rule is that you can not stay at the same school. You can stay in the same city.

As I have said. 3 teachers in my school had to leave after 5 years for 6 months, and then they were able to come back. They could have worked at the school down the road.

Teachers love my school. I have only been here for 3 weeks, but from what I see and hear I will most likely stay for 5 years. Then I will go back home for good.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Mon Sep 17, 2012 12:59 pm    Post subject: Reply with quote

Quote:
Sorry, I wasn't aware that the right name was permanent alien resident status. Now, with this status, can you work?


Yes, it's the equivalent of the US "green card". However, it is very rare for foreigners to be granted permanent residence in China.
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lionheartuk



Joined: 03 Jun 2005
Posts: 173
Location: Guangdong

PostPosted: Tue Sep 18, 2012 4:56 am    Post subject: Reply with quote

No five year rule where I work. Two teachers are now into their 6th consecutive year and I am just finishing my 5th.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Tue Sep 18, 2012 6:50 am    Post subject: Reply with quote

This is another of those 'rules' that sits in the very, very grey area where rules are applied sporadically at the governments whim.

There is a rule, but I can't remember the last time I heard of it being applied. I know it has been used in the past by schools as an excuse for not renewing someone's contract.

I would find it very surprising to hear of anywhere that regularly applies the rule as a matter of course.

I know plenty of people who have been here much longer than 5 years, and it's never been mentioned. I'm in my seventeenth consecutive year, and never been out of China for more than three weeks at a time during that period.
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