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Is This Fair?
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caicha222



Joined: 14 Apr 2013
Posts: 2

PostPosted: Thu Apr 18, 2013 2:27 am    Post subject: Is This Fair? Reply with quote

So, I just got offered a pretty good summer job, and summer-only jobs (my only option right now) are hard to come by. However, part of the contract states that:

Teachers will have 110 rmb deducted from their monthly salary for every hour of class missed on a sick day.

I did the calculations, and this job is actually paying 83 RMB per hour. So, that means that if there is class for four hours on a sick day, the teacher will actually GIVE the school 108 rmb, on top of not making any money.

I'm kind of protesting it a bit with the employer, who is western and owns a franchise of this school, so he's not the one calling the shots, but I think he's tired of me asking a million questions. The contract as a whole does not have anything in it which is meant to protect the teacher is the school treats them badly, but has all sorts of penalties if the school is unhappy with the teacher for any reason. Maybe that's normal, I'm not sure. Do you guys usually get contracts that protect the teacher, too, or just the school?

More importantly, though, is it appropriate for me to be protesting this sick day charge? Is that normal? Has anyone else ever heard of that before?

Furthermore, how likely is it that as a foreigner who has never visited China, I will get some kinda weird stomach bug (not travelers diarrhea, I mean like e coli or histoylica or parasites or something)?

Any answers are appreciated! Thanks!
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Thu Apr 18, 2013 2:33 am    Post subject: Reply with quote

Suck it up mate.
These clauses are there to protect against the lazy and the hungover.
There is risk in EVERYTHING in PRC.
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Thu Apr 18, 2013 4:19 am    Post subject: Reply with quote

Who teaches the classes if you can't? One of the administrators maybe, or they ask another foreign teacher. Perhaps they have to pay the other foreign teacher overtime to take over your class. I'm not sure if I agree with the school here, but I can understand why they would charge a higher rate than your projected hourly rate. If it was for a yearly contract, I would definitely give the school a pass if they insisted on this clause.
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choudoufu



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

PostPosted: Thu Apr 18, 2013 4:24 am    Post subject: Reply with quote

package. what is the total amount the school is paying you?

include airfare and bonuses and lodging and meals and overhead
and visa paperwork, and so on.
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caicha222



Joined: 14 Apr 2013
Posts: 2

PostPosted: Thu Apr 18, 2013 4:28 am    Post subject: Reply with quote

choudoufu wrote:
package. what is the total amount the school is paying you?

include airfare and bonuses and lodging and meals and overhead
and visa paperwork, and so on.


The total package is 8000rmb per month, + accommodation in a studio apartment, which they say is 2000 rmb per month. So, that would be a total of 10,000.
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creeper1



Joined: 24 Aug 2010
Posts: 481
Location: New Taipei City, Taiwan

PostPosted: Thu Apr 18, 2013 4:39 am    Post subject: Re: Is This Fair? Reply with quote

caicha222 wrote:

Furthermore, how likely is it that as a foreigner who has never visited China, I will get some kinda weird stomach bug (not travelers diarrhea, I mean like e coli or histoylica or parasites or something)?

Any answers are appreciated! Thanks!


Not likely if you cook the food thoroughly. I'd probably avoid street food in summer to be honest though. And the beer. I hear a lot of it is fake so you might get an undeserved hangover so to speak.

A lot of schools may ask for some sort of certificate from a doctor before they pay for a sick day. This costs money possibly (I don't know) I never heard of an employer actually fining someone for being sick. Yeah I know it is not unheard of to pull a "sicky" when you are hungover or what not but usually you don't when you have to go to the bother of getting a cert.
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Andrew Jordan



Joined: 25 Sep 2011
Posts: 26

PostPosted: Fri Apr 19, 2013 1:35 am    Post subject: Reply with quote

My school has a similar policy. But for us, the money goes directly to the teacher who covers the class. I like it, because it discourages from taking frivolous days off and makes covering a class at the last moment a little less painful.

As far as getting sick, I have found that traveler's bugs are stronger here, or maybe I just had bad luck when I came. but anything more serious is no more of a worry than other places.

I have never seen a contract in China or anywhere else that protects the teacher. But if one is full of clauses that only benefit the school, it is a warning sign that teachers aren't respected or they have had problems with teachers in the past. But that's not always the schools fault.
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hilena_westb



Joined: 13 Nov 2012
Posts: 130

PostPosted: Fri Apr 19, 2013 3:26 am    Post subject: Reply with quote

Why should you get paid for work not performed?

However, if you're smart enough in advance to make sure your employer lists you as a "salaried" employee, then you should get paid regardless. Salary, of course, is a fixed payment, for a maximum amount of work - regardless of performing that work. In addition, if you sign any statement that they can take money away under these conditions, then you, again, signed it away and they can take what they want despite being salaried.

It's basic business practice.
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Kysorb



Joined: 30 Jul 2010
Posts: 253
Location: Beijing

PostPosted: Fri Apr 19, 2013 4:24 am    Post subject: Reply with quote

I hate to say this but, don't call in sick.

Calling in sick probably wont cancel your classes instead the school will usually have another teacher cover them, which just inconveniences your friends.

Unless you can't get off the pot, be a trooper.
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teachingld2004



Joined: 17 Feb 2012
Posts: 389

PostPosted: Mon Jul 29, 2013 3:13 pm    Post subject: Visa in hi Reply with quote

I'd like to know how you can get a visa in Hong Kong. I got mine in NY, but my friend has to go back to the USA for her visa
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tangal



Joined: 11 Nov 2012
Posts: 47
Location: Da Nang Beach

PostPosted: Mon Jul 29, 2013 10:06 pm    Post subject: Reply with quote

Yes, it's fair.

Protesting the terms of the school's contract isn't a matter of being appropriate or inappropriate, it's a matter of negotiating a business deal.

Find out if there's a sick-day penalty even with a doctor's visit and note, i.e. legitimate illnesses and injuries as opposed to hangovers.

It sounds like the school is familiar with the drinking and partying habits of many younger expats and fines are their way of controlling the number of hangover days taken by teachers during the camp.

If that's the case, it could be a summer camp a free-for-all (lots of partyers having fun and making a little $ at the same time).

My advice is to enjoy your sick days as much as possible and don't worry too much about covering for your hung-over friends or a few RMB in lost wages.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Mon Jul 29, 2013 11:38 pm    Post subject: Reply with quote

I know this is an old thread and talking about summer work, but I am really glad my school does not have such a ridiculous policy. They are called sick days, and most people get sick occasionally (especially when going into another country).

Makes no sense to even take away that days pay from the teacher. I could see a limit on sick days with this sort of policy covering days exceeding the limit.
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Denim-Maniac



Joined: 31 Jan 2012
Posts: 1238

PostPosted: Tue Jul 30, 2013 2:30 am    Post subject: Reply with quote

I work in a place that operates a summer school, which has now been going for 3, or maybe 4 weeks. Already I can see shifts changing and teachers covering each other as summer staff go sick and recover from hangovers.

TBH, it never happens with the regular staff, or it happens rarely.

Clauses designed to limit such behaviour seems OK to me!
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Tue Jul 30, 2013 2:42 pm    Post subject: Reply with quote

Quote:
More importantly, though, is it appropriate for me to be protesting this sick day charge? Is that normal? Has anyone else ever heard of that before?


This touches on a few things. First, a contract might have sick days mentioned which are paid. They usually want these proven with a note from the doctor. You might get 3 days and then lose money after.

In Korea, this is common, but since there are so many other things to negotiate in China I never bothered checking. Why?

Well, in China people work more in groups. If you are sick one day, a teacher can fill in for you. In Korea I didn't experience this as much. So, the penalty in question pertains to you not showing up at the last minute and making it difficult on them.

Second worse case scenario is that you know you can't come in tomorrow and no regular teachers are available to fill in for you. The school then has to hire a part-time teacher to substitute.

You have a lower hourly rate because you are being hired full-time, for a year, and receive benefits a part-time teacher is less likely to receive. If you want to get into the details and fight this, they could then say, "ok, then you have to pay us rent for one day (200 RMB)" since you are not working. After all, they are giving you the place to stay in exchange for your wonderful English abilities.

If you are truly sick 27 RMB is not much to worry about. Figure 5 classes one day and that's just about 20 dollars. Is it worth it to create tension so early on just over 20 bucks you don't even know will be an issue? After all, you could offer to make up it somehow, like filling in for another teacher when they are away.

You should worry more about the apartment you will be living in, the class schedule, and who the managers are. If you don't get along with the managers, then there is no way you will last the year.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Wed Jul 31, 2013 12:02 am    Post subject: Reply with quote

chinatimes wrote:

If you are truly sick 27 RMB is not much to worry about. Figure 5 classes one day and that's just about 20 dollars. Is it worth it to create tension so early on just over 20 bucks you don't even know will be an issue? After all, you could offer to make up it somehow, like filling in for another teacher when they are away.


But the fact is you are salaried, so you are losing a days pay and paying out for it. This is completely retarded. I don't get sick often, my first two years at my school I never missed a day. The last couple of years for some reason I have gotten sick. I need a day or two to recover. Why should I be punished for being sick?

Also, it is not a requirement that someone cover for you, you can make up the classes yourself at a different time.
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