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Contract Renegotiation
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Sarcastro



Joined: 18 Dec 2010
Posts: 89
Location: Ann Arbor, MI

PostPosted: Mon Aug 19, 2013 5:06 am    Post subject: Contract Renegotiation Reply with quote

My boss wants to renegotiate a small part of our contract. I was hired two months ago and have had a really hard time with not being given reasonable notice about what Im doing here. I plan on trying to add this rider to whatever amendments he wants to put in. Please, let me know of your thoughts.

Quote:
I. Scheduling

1. The employer will give at least one day prior written notice for all classes the teacher is responsible for, including classes added to a previously given schedule.

2. The employer must provide the teacher with the relevant curriculum, information, and expectations of service at least one day prior to all classes scheduled. This includes the time of classes, location, number of students, age and or grade, and language proficiency level.

3. For classes that have been noticed but are rescheduled, the employer will give an amount of notice equal to the difference in the start time between the scheduled and rescheduled classes prior to the start of class. EI: If a class scheduled for 9:00 is moved to 8:30, the employer must inform the teacher by 8:00 of the change. If it was moved to 9:30, the teacher must be informed before 9:00.

4. If Sections 1,2, or 3 are violated, the teacher may choose to forego teaching the class or classes at no penalty to the teacher and does not count towards their paid teaching hours. If there are five (5) or more violations of these sections, the employee may choose at their desecration to end the terms of this contract at no penalty to themselves and receive the full month’s salary upon the termination of this contract.
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choudoufu



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

PostPosted: Mon Aug 19, 2013 5:15 am    Post subject: Re: Contract Renegotiation Reply with quote

Sarcastro wrote:
My boss wants to renegotiate a small part of our contract.............thoughts.....


why? what's wrong with the contract that the boss wrote (copied and
had you sign) two months ago? what has changed? will the changes be
to your benefit?

what are the changes?
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Sarcastro



Joined: 18 Dec 2010
Posts: 89
Location: Ann Arbor, MI

PostPosted: Mon Aug 19, 2013 5:28 am    Post subject: Re: Contract Renegotiation Reply with quote

choudoufu wrote:
Sarcastro wrote:
My boss wants to renegotiate a small part of our contract.............thoughts.....


why? what's wrong with the contract that the boss wrote (copied and
had you sign) two months ago? what has changed? will the changes be
to your benefit?

what are the changes?


he wants to make office time interchangeable with class time, basically allowing me to be able to do more than 20 hrs without OT.
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Mon Aug 19, 2013 5:30 am    Post subject: Reply with quote

If they're adding classes to your schedule on short notice and telling you a few hours before (you haven't really stated what your problems are) then I think number 1 is fair to add.

Depending on class size and type of school, number 2 could be the teacher's responsibility to figure out.

Number 3 seems kind of useless (not to mention it's confusing). A half hour or hour notice of a change isn't going to do you much good if they're moving it up (as per your examples) and you're somewhere else at that moment and can't make it in time. Just ask for all time changes to any classes the day before.

I don't have a clue what your contract says in the way of penalties but good luck with number 4 Very Happy (Never hurts to ask though)


Last edited by Javelin of Radiance on Mon Aug 19, 2013 5:33 am; edited 1 time in total
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Mon Aug 19, 2013 5:33 am    Post subject: Reply with quote

I get where you're coming from, but my opinion is that these additions would be unhelpful.

Being blunt, s**t happens. I think many of us feel that our Chinese employers are various degrees of disorganised, incompetent and unreasonable. I'm lucky that my Uni is pretty good, and any critism of them is usually fairly unwarranted.

There definitely are bad employers in this regard, and sometimes it's just cultural differences with the way that things operate in China. Either way, trying to impose your culture, values and standards into a contract is not going to help. It doesn't look good when Chinese employers try to do it, and it's the same the other way round as well.

I don't doubt that you may have significant grievances in this regard. I just think that you should resolve these problems verbally and through establishing relationships. You may need to be blunt, insistent and assertive, but the contract is not the way to go.

Your contract isn't worth a pile of poo anyway. It's essentially just a symbol of the relationship and agreements between your employer and yourself. Of course if your boss and you reach a verbal consensus as to how each of you should handle all these kinds of issues, by all means put them into a contract, but don't do it this way round.
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Sarcastro



Joined: 18 Dec 2010
Posts: 89
Location: Ann Arbor, MI

PostPosted: Mon Aug 19, 2013 5:48 am    Post subject: Reply with quote

I have made repeated grievances with my boss about this and even outright refused to teach classes that had been "forgotten" and added to my schedule. I often am doing something else, or sleeping, and they call to tell me I have a class.

Or then send me an hr away without telling me anything except that Im having dinner with the "secretary" as his guest, then when I arrive, at dinner, am told that I will teach 4 classes starting in about 40 min.

I understand that things change, I have no problem with changes on the fly. I just want some kind of reasonable heads-up. If you move my class up an hour, dont tell me 10 min before class.

I understand that this is China and they do things differently and that we should be flexible. But they also have to understand that we aren't Chinese. Cultural adaptation needs to go two ways.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Mon Aug 19, 2013 7:27 am    Post subject: Reply with quote

Quote:
Your contract isn't worth a pile of poo anyway


Yeah.


In paragraph 4, it should be "discretion", not "desecration".
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doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Mon Aug 19, 2013 8:56 am    Post subject: Reply with quote

I agree with vikeologist regarding the worth of the contract, both the original, and your amendments. It's not worth the trouble, and their unlikely to sign it anyway. I would just flat out refuse to sign any new contract. You've already signed one. Keep doing what you're doing with regards to flat out refusing to give in to unreasonable demands and just don't teach the extra classes. There's a world of difference between office hours, where you're planning or chatting or just looking on Taobao, and teaching time. You should be paid accordingly. I don't mind doing a bit more in the office from time to time, around exam time for instance, but if I have to teach a class, I make sure I get paid for it.

In the meantime, look for another job. This employer is terrible, and they'll either fire you as soon as the replacement they are no doubt currently searching for turns up, or, is they do let you work out your contract, they'll find some way to stiff you out of money at the end.
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Mon Aug 19, 2013 9:07 am    Post subject: Reply with quote

Quote:
I understand that this is China and they do things differently and that we should be flexible. But they also have to understand that we aren't Chinese. Cultural adaptation needs to go two ways.


I just turn my cell phone off and do the schedule as of last night. If they want to play around with afternoon classes the following day, I can see updates when I turn my cell phone back on in the morning. If they want to make changes which would make me wake up in the morning where normally I wouldn't have to, then they need to update me before night time.

There is no need to go to them and fight. Handle the problem quietly.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Mon Aug 19, 2013 9:25 am    Post subject: Reply with quote

Training center ?
Scheduling problems seem to happen much less often in universities.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Mon Aug 19, 2013 10:07 am    Post subject: Reply with quote

Quote:
EI: If a class scheduled for 9:00 is moved to 8:30,


Shouldn't that be "i.e."? (in other words . . . , that is . . . )
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Sarcastro



Joined: 18 Dec 2010
Posts: 89
Location: Ann Arbor, MI

PostPosted: Mon Aug 19, 2013 7:58 pm    Post subject: Reply with quote

Heh thanks guys for picking up my mistakes. That's why I came here to see just how stupid it was for me to try to make them accountable Smile.

Yes, it is a training center.
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Mon Aug 19, 2013 9:45 pm    Post subject: Reply with quote

I agree both to the proposition that you have an extra difficult boss/working situation, and to refusing to sign a new contract, at least without significantly more money for you. The occasional "oh, by the way..." work is one thing, but if it's constant, it would move past the point of 'rolling with it'. I'd also agree on a third point of turning off your phone at night, unless it would interrupt your normal pattern of talking/texting with friends and family.

And to get back off point: I think you actually meant e.g. not i.e. For example instead of in other words.
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Tue Aug 20, 2013 1:11 am    Post subject: Reply with quote

Your problems likely won't be resolved by re-writing a contract. Get a second phone, give that number to your boss, and when you don't want to be disturbed, turn it off. You won't get any more phone calls inviting you to bogus dinners or asking you to work 30 minutes from now.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Tue Aug 20, 2013 8:07 am    Post subject: Reply with quote

Quote:
You won't get any more phone calls inviting you to bogus dinners


Best reason. It's amazing how busy I get whenever I get invited to those or how quickly I pick up a bug.
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