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[oiboy]

I recently recieved a job offer from a school called "Vision Education Centre". They have sent me a contact. Any advice? Do you think its fair?

Shanghai Vision Education Center
Teacher Employment Agreement

Shanghai Vision Education Center (hereafter referred to as the School) employs _______________ (hereafter referred to as the Teacher) in the position of English Teacher in the form and manner and under the terms and conditions set forth herein this agreement. This agreement renders null and void any previous verbal or written agreement between the School and the Teacher.

1 Duration of Agreement
1.1
The duration of this agreement shall be 12 months commencing on ________________ and expiring on ________________.
1.2
The first month of this contract will consist of a probationary period lasting no longer than 4 weeks.
2 Duties of the Teacher
2.1
The Teacher shall perform work duties assigned him/her by the School for 20 teaching hours per week at whatever times the School shall direct and 10 office hours per week.
2.2
A teaching hour is between 40 minutes to 55 minutes whereas an office hour is a full 60 minutes.
2.3
The School shall establish standards of performance for the Teacher and is empowered to take all necessary steps to ensure that those standards are met. During the term of this agreement the Teacher shall accept and comply with the instructions, supervision and training of the School.

3. Working Place
3.1
The teacher will work in different branches and teaching locations which belong to Shanghai Vision Education Center, current teaching sites include:
Shanghai Vision Education Center Nanhui Branch;
Shanghai Vision Education Center Shangnan Branch;
Gold Apple Bilingual school;
The teacher should be aware that he/she may be appointed to any newly established branches which belong to Shanghai Vision Education Center.

4 Work Visa and Residence Permit
4.1
After the probationary period, The School will apply to the government of the People's Republic of China for the necessary Work Visa and Residence Permit to enable the Teacher to legally carry out his/her duties.
4.2
The School will pay the necessary fees for the acquisition of the Teacher's Work Visa and Residence Permit in the following manner:
(i) The School will pay in full the application and processing fees.
(ii) The School will pay the fee for the required physical examination.
4.3
The Teacher is fully responsible for providing all necessary paperwork and documentation for the Work Visa and Residence Permit application process.
4.4
The teacher bears full responsibility for providing all the necessary paperwork and documentation for the Visa and Residence Permit application process. The following documents must be submitted to the relevant person in charge of applications within one week of signing a contract.

A. An up to date resume
B. A copy of any diplomas or certificated related to the application process
C. If the Employee has been engaged in employment in China, a stamped recommendation letter from the previous employer.
D. Six passport size photographs
E. Copies of two pages of the passport including the page with identification information and photograph and the page with the current visa.
F. A copy of the residence permit. In the case that the Employee doesn�t have this, a copy of the temporary residence paper.
If the Employee fails to provide these documents in the time stated above, the School bears no responsibility for failure to provide relevant visas. This will result in the Employee bearing all responsibility for any breach of visa regulations of the People�s Republic of China.
4.5
If the government of the People's Republic of China does not approve the issuance of a Work Visa and/or Residence Permit for the Teacher, this agreement will automatically terminate and neither party will have any further obligations to the other under this agreement.
4.6
Any and all Work Visa and Residence Permit extensions, renewals, or changes not directly related to this agreement are the sole responsibility of the Teacher.

5 Payment
5.1
The first month of employment ______________ to ___________ the teacher will receive ￥8000.00RMB.
5.2
After the first month and for the rest of the term of this agreement, the School shall pay the Teacher a basic salary of ￥9000.00RMB per month.
5.3
Payment shall be made in one installment per month, falling on or immediately after the 15th day of each month.
5.4
The pay period for each month will be from the 1st of the previous month to the end of that month. Therefore, for example, the pay on the 15th of the month in April 2004 will be from March 1st, 2004 to March 31st, 2004.
5.5
All payment shall be made in the local currency of the People's Republic of China.
5.6
Tax will be withheld from payment in accordance with the existing statutes of the People's Republic of China
5.7
Any and all exchange of payment into foreign currencies shall be the Teacher's responsibility.
6 Benefits
6.1Holidays and Sick Leave
The teacher will receive 3 weeks and 2 days (a week being defined as 5 days, i.e 17 days) paid holiday and sick leave during the term of this agreement, in the following manner.
6.1.1
The teacher will have a total of 10 days paid holidays during the term of the contract. These holidays will be arranged as follows:
Because government holidays change from year to year, the 10 days will be allocated between the three main national holidays of Spring Festival (Chinese New Year), May Day (May 1st) and the National Holiday (October 1st). The school�s Manager will arrange these 10 days in accordance with school scheduling and government regulations.
6.1.2
The Teacher may take up to 7 days paid vacation or sick leave during the term of this agreement, subject to the following conditions:
6.1.2.1
All vacation time must be approved by the School and must be applied for at least four weeks in advance.
6.1.2.2
Vacation time approval will be based on the School�s class scheduling needs and is at the discretion of the Manager.
6.1.2.3
All paid vacation/sick leave must be taken within the duration of this contract. Unused holiday will not be converted into pay in lieu, and will not be carried over into subsequent contracts.

6.2 Transportation
The School will reimburse the Teacher for the full cost of his/her one way-trip economy class airline ticket, from Shanghai to the place of origin.
6.2.1
The Teacher must provide proof of purchase price in order to get reimbursed.
6.2.2
The Teacher must provide an invoice before being reimbursed. The Teacher must check with the School which type of invoice is acceptable. Providing an acceptable invoice is the responsibility of the Teacher.
6.2.3
This reimbursement will be made on the day this agreement expires.
6.2.4
This reimbursement will be made in the local currency of the People's Republic of China.

6.3 Health Insurance
6.3.1
The School will buy health Insurance for the Teacher, the amount of no more than 1500RMB per year.

6.4 Accommodations
6.4.1
The School will rent an apartment for the Teacher, and the rental will be no more than RMB2000.00 per month. The Teacher will pay the deposit and daily expenses such as property maintenance fee, utility fees, telephone fee, etc.

7 Dismissal
7.1
The School has the right to dismiss the Teacher and terminate this agreement for clear and frequent neglect by the Teacher of his/her duties and responsibilities under this agreement. Grounds for dismissal include, but are not limited to, frequent absences from work without the School's prior knowledge and permission, and manifest inability of the Teacher to perform his/her duties and responsibilities. Prior to any such dismissal, the Teacher must be warned, in writing, of the School's dissatisfaction with his/her performance, and be afforded at least seven working days in which to remedy the situation.
7.2
If the Teacher has been given written warning of dissatisfaction and has been afforded at least seven working days to remedy the situation, the Teacher may be dismissed if he/she has failed to remedy the situation.
7.3
Under the following circumstances the School has the right to dismiss the Teacher and terminate this agreement immediately without prior notice or warning:
7.3.1 Criminal or other conduct by the Teacher, either inside or outside the School, that would, in the opinion of the School, seriously jeopardize any person, or the property, operations, or reputation of the School, its students, or its staff, is grounds for immediate dismissal of the Teacher and termination of this agreement.
7.3.2 The performance by the Teacher of paid work for other employers without prior express written approval by the School is grounds for immediate dismissal of the Teacher and termination of this agreement.
7.4
If the Teacher is dismissed, the School shall pay the Teacher any outstanding salary payments according to the School's regular payment schedule.
7.5
If the Teacher is dismissed, the School shall have no obligation to pay for the Teacher's airline transportation as outlined earlier.
7.6
If the Teacher is dismissed, the Teacher shall immediately
(i) Return the Work Visa and Residence Permit if it is in his/her possession.
(ii) Reimburse the School for the fees and costs paid by the School to obtain the Teacher's Work Visa and Residence Permit.
7.7
In the event that the Teacher is dismissed for reasons other than those outlined above, the School will compensate the Teacher in accordance with the stipulations regarding redundancy under Chinese law.

8 Modification or Amendment
8.1 No modification of this agreement shall be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by the School and the Teacher.

The undersigned have reviewed, accepted, and shall abide by the terms of this agreement.


The School The Teacher




Shanghai Vision Education Center
Date:

[kev7161]

There is a "sticky" a few messages above here that says "Contract Survival Tips" that may prove helpful. I see the school is not paying for airfare to/from your home country. That is generally pretty standard on most contracts.

9000rmb for around 30 hours of work per week? Plus a free apartment? I could live with that. You could probably live on 1/2 that easily (for food, utilities, transportation, etc.) and save the other half. My biggest problem isn't my salary (although I'm a LOT less than yours will be), rather I have SO MUCH free time that I tend to spend more money than I should!

I don't like that "falling on or immediately after the 15th day of the month". I would probably get that cemented if you can to get an exact payday. "immediately" could mean the 16th or sometime in the next two weeks. Anything that is not exact is a red flag in my book. "Or" is a good word to leave out.

[Giantbudwiser]

Looks to me that they are a make shift operation that doesn't got the proper licences to hire foreigners if a school cant guarantee you a Z visa then be careful

[shenyanggerry]

A couple of points: Is it legal to work during the four week probationary period before working visa is obtained? How long is your tourist visa for? If it's a thirty day visa, you're on shaky grounds when they go to get the 'Z' one. Will they have time?

Does the probation swing both ways? Can you say 'sideways' and leave during the initial four weeks if THEY are an unsatisfactory employer?

I suggest that you insist that the 'office hours' include your transportation time to outlying jobs.