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BlueBlood
Joined: 31 Aug 2013 Posts: 261
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Posted: Wed Sep 25, 2013 8:30 pm Post subject: |
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Very general question re contracts for the old China hands here:
Are these types of disputes (I find this one terribly depressing as the OP was probably slighted by only a couple hundred dollars--I feel his pain and the school should just pay him, IMSO) less common with public universities as opposed to private colleges and language mills?
Or need I strongly guard against getting screwed regardless of where I work?
Thanks in advance. |
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Wed Sep 25, 2013 11:10 pm Post subject: |
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| BlueBlood wrote: |
Very general question re contracts for the old China hands here:
Are these types of disputes (I find this one terribly depressing as the OP was probably slighted by only a couple hundred dollars--I feel his pain and the school should just pay him, IMSO) less common with public universities as opposed to private colleges and language mills?
Or need I strongly guard against getting screwed regardless of where I work?
Thanks in advance. |
There's probably a reason why you didn't read a lot of responses with the phrase: "Oh, yeah, that happens to me all of the time." OP has a somewhat unusual situation (not being provided a copy of the contract s/he signed.) I've always been provided with an English and Chinese copy signed by a school official shortly after I've signed the same contract (four total copies, two in each of Chinese and English). It's odd that the FAO that OP is dealing with can't or won't just pull a copy out of a nearby file and at least make a photocopy of it, let alone find the original copy that should have been given to the teacher immediately.
Everyone is not out to get you, BB. On the other hand it's important to take the contract seriously and discuss and clarify confusing clauses and remove unacceptable ones. Bring your email copy to the signing to quickly compare for changes that were discussed or for changes that weren't discussed.
No advice OP, just- good luck. |
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BlueBlood
Joined: 31 Aug 2013 Posts: 261
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Posted: Thu Sep 26, 2013 12:22 am Post subject: |
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Yeah, RW, I'm sensing this is unusual. I'm actually not as worried about it as much as my post may have indicated.
In fact, on one job site another very helpful board member clued me into, the respective school often posts the contract itself--right there on the job advertisement. I appreciate that kind transparency.
OP, hope it works out for you. Let us know what happens. |
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teenoso
Joined: 18 Sep 2013 Posts: 365 Location: south china
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Posted: Thu Sep 26, 2013 12:30 am Post subject: |
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In my experience, which is quite limited to a few employers in China and UK, Chinese employers will try to 'get away with things' much more than employers in the UK. This is just my direct experience.
So , if you do not establish up front exactly what you will be paid for and other terms, you are unlikely to get what you want if it is uncertain (in the contract).
My school has just refused to pay for my medical check (only 580 RMB) because I did it in my own time and in another city (still in China). This is just petty , but pi**es me off no end, and I will remember it later. Not because of the money, but because of the attitude, of trying to avoid their responsibility (and because of my brit sense of what is fair and reasonable). |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Thu Sep 26, 2013 2:32 am Post subject: |
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| In my experience, which is quite limited to a few employers in China and UK, Chinese employers will try to 'get away with things' much more than employers in the UK. This is just my direct experience. |
I think you have been lucky with UK employers ...... I have worked for British Universities for many years and found them to be just as complected, and sneaky, unyielding and uncaring as to contracts and labor laws as any Chinese Uni. I will continue to work for them though as the tax issue is on my side, but there is little difference in my experience except the RMB doesn't lose value. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Thu Sep 26, 2013 2:36 am Post subject: Re: School refuses to provide copies of contract |
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| A593186 wrote: |
| the dakota kid wrote: |
My current school is refusing to provide a copy, complete with chops, of my contract. I was never provided with an official, bilingual copy after the initial signing. I have requested it several times in person and via email. We are currently engaged in a dispute over the first monthly salary and I am unable to verify the contents of the contract.
Could the PSB provide a copy? If my understanding is correct, they were given a copy for the issuance of the visa. I do have a current, legal visa and residency permit. For reference, this is in Shenzhen. |
Keep in mind, the simple fact. You do not have a valid, legal job. You clearly state you never signed a SAFEA contract, thus you have been working without a valid contract. Who knows what you signed. You chose to sign some employer-made contract I assume, and not the actual physical, legal, SAFEA, serial-numbered contract, right? You then chose to come to China without said contract and so on? |
Which part of " I have requested it several times in person and via email" do you not understand, Ace? The guy has been in the PRC for four years.
Open mouth. Insert foot. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Thu Sep 26, 2013 2:39 am Post subject: |
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"...I think you have been lucky with UK employers ...... I have worked for British Universities for many years and found them to be just as complected, and sneaky, unyielding and uncaring as to contracts and labor laws as any Chinese Uni..."
Same in the States. Politics and pettiness galore. |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Thu Sep 26, 2013 3:42 am Post subject: |
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| Quote: |
| Same in the States. Politics and pettiness galore. |
Retired from a State Job in a uni of the one of the lower 48; after 10 years they wanted to hire non union lower wage earners and offered a payout. Best thing ever happen to me as I came to China and found gainful employment and a favored tax status but many of my former co workers are not far from the poor house now. |
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BlueBlood
Joined: 31 Aug 2013 Posts: 261
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Posted: Thu Sep 26, 2013 5:29 am Post subject: |
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That's the case throughout America now. The middle class is literally under siege.
My brother-in-law recently got a severance package from his company; now they want to hire him back--as a contractor without benefits. Nice. He worked his arse off for them for over 15 years, and this s what he gets.
Even the public sector, to a degree, is getting worse. I know public school teachers that work under...wait for it...contracts. Each summer they have to sweat whether they're going to have a job and health benefits come fall. Nice. If they've a mortgage to pay and kids to feed, but don't get a new contract, well that's their problem.
Look, I know the world doesn't owe us a living, but things weren't like this in America when I grew up. People weren't working at WalMart 3/4-time without health insurance and able to qualify for public assistance.
At least in China with a one-year contract I'll know where I stand.  |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Thu Sep 26, 2013 1:52 pm Post subject: |
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Define "stand". If your boss offers you a seat, you may be out of a job.
I witnessed a situation in which a new hiree came to the school from another province, signed two copies of the contract (bilingual) then waited two weeks for his copy, assuming that it had to be authorized by a yet higher authority.
The school then told him that he'd have to go to Hong Kong for some d@mned reason. He read a little Chinese. He said that he thought that he read a reference to organ harvesting in his contract, but he wasn't sure.
The FAO wouldn't give him a contract or a letter of invitation to bring with him to HK. He packed up for Hong Kong, but never returned.
On a lighter note, this sort of thing (FAO's and bosses not cooperating at contract time) seems to be more and more common--- at least in public institutions. |
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Bolt
Joined: 25 Sep 2013 Posts: 34 Location: China
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Posted: Fri Sep 27, 2013 10:08 am Post subject: |
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| Suggest you get the SAFEA or CFTU people involved. I had a similar problem in 2010 and after two weeks of arguing and begging I made some formal complaints with these people and I got my contract delivered by courier! |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Fri Sep 27, 2013 10:58 am Post subject: |
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| Bolt wrote: |
| Suggest you get the SAFEA or CFTU people involved. |
actually there's only one "union" rep. the rest of the sockpuppies are
figments of his overactive imagination. |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Fri Sep 27, 2013 10:59 am Post subject: |
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| I know public school teachers that work under...wait for it...contracts. |
in some places teachers are being staffed by "Kelly's Girls"...now called kelly services |
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Bolt
Joined: 25 Sep 2013 Posts: 34 Location: China
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Posted: Sat Sep 28, 2013 2:45 pm Post subject: |
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| NoBillyNO wrote: |
| Quote: |
| I know public school teachers that work under...wait for it...contracts. |
in some places teachers are being staffed by "Kelly's Girls"...now called kelly services |
Are you serious? If yes, where did you hear or see this (any links?). |
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muffintop
Joined: 07 Jan 2013 Posts: 803
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Posted: Sat Sep 28, 2013 3:30 pm Post subject: |
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| Bolt wrote: |
| NoBillyNO wrote: |
| Quote: |
| I know public school teachers that work under...wait for it...contracts. |
in some places teachers are being staffed by "Kelly's Girls"...now called kelly services |
Are you serious? If yes, where did you hear or see this (any links?). |
Tell you what..worry about what verifiable links related to all the other stuff you and your sockpuppet masters have posted before you worry7 about others. |
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