Job Discussion Forums

[newbie84]

I just got hte contract from the school I was planning on teaching at and found THIS

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the term stipulated, that is, breaks the contract, it must pay a breach penalty of U.S.$500 to 2000(or the equivalent in RMB).

Also the contract states that if I leave the campus on the weekend I must inform them of my where abouts. That seems kind of oppressive to me, and means that If i leave campus without telling them I'm subject to this huge fine... Maybe this is standard... maybe not... PLEASE GIVE ME YOUR TAKE ON THIS... I'm so confused

[Magoo]

I wouldn't touch them with a bargepole. Contracts in China will always swing in favour of the employer (because they don't honour their side and you're a dumb foreigner), so they could look for ANY excuse to extort money out of you. Where do you think that dosh will go-to the PSB? As for leaving campus...f*** that for a game of PLA. There are loads of jobs in the PR of C. Take your pick (but stay away from mine )
Best of luck.

[migo]

If there weren't any other options I'd try to renegotiate the contract.

[randyj]

This wording comes as standard boilerplate language for contracts in China, both the penalty and the travel. Try to put yourself in the place of a waiban who would receive criticism for allowing a teacher to attempt weekend travel, for example, from which the teacher could not return in a timely way.

[Taiping04]

The breach penalty is standard: you can't get around it.
The travel restriction is not, at least these days. I wouldn't be signing it, and they may have trouble filling the post if they insist. Don't fold!

[Kurochan]

Like four years ago when I came to China I had that in my contract too. My guess is, under normal circumstances they won't call you on it if you don't tell them where you're going -- it may be that the school had problems in the past with teachers disappearing and not coming back in time for classes. I knew people who would go to HK for the weekend and call in sick on Monday so they could have more time there. Maybe your school wants to prevent that. They may have also had a case where a teacher disappeared for a while -- my friend knew someone who went missing from a school for about two weeks. The school thought she was dead, the parents called and freaked out because they couldn't find her. It turned out the girl had gone on some sort of self-initiated "holiday" and was OK all along.

But if it worries you, assure them of your good sense and straong work ethic, and ask them to remove it from the contract.

[kev7161]

Basically, a school that hires you is responsible for your well being: paying you, giving you a place to live, (sometimes) feeding you, etc. I was told that I need to tell my school when I was going out as well. They just want to know if I am heading for Shanghai or somewhere. They are not necessarily keeping tabs on me, but I get into trouble or get lost or there is an emergency at the school and they need to contact me . . .

But, as it is, I come and go as I please. Sometimes I may even stay overnight at a friend's home and I don't say a word. There are basic "rules" they have to put into their contracts to cover their own a$$e$, so I wouldn't freak out too much about it - - - but I WOULD talk to them about it to get the 411 before I signed the contract. The breach of penalty clause is in pretty much all contracts, standard.

[The Great Wall of Whiner]

newbie84 wrote:

[Roger]

Penalties are pretty standard, and I don't have any peeve with them prvided they apply to both sides and are written into the contract under an inspiration of fairness.
I would push for a clause that links the penalty to your airfare dues; prorate your airfare and allow them to hold on to them until you are past doing them any harm by absconding. Personally, I prefer getting my prorated airfare paid out every month, but this is not always possible. Yet, airfare is the bonus that they quite obviously like to keep to themselves.

As for the domicile rule, that's a bit harsh. I know the CHinese are supposed by law to be your permanent nanny and host, which entails a number of obligations vis-a-vis the PSB. If anything untoward should happen to you, they in principle are accountable and answerable for you. But there ougt to be some leeway to negotiate weekends without getting their permission.
I think, if you offer to accept a penalty for reporting back late this can be avoided.

[naturegirl321]

BOth my contracts were like that, I think that it's pretty common.

[Louis]

Neither is in my contract. So, negotiation is possible...

[Just a guy]

both of my contracts at government middle schools had both those clauses in them, last July & last February.

the first school, I asked about it they said;
it's just so they know where you are,
if you get hurt, they don't want to sound surprised that you are in the next county,
when the morgue calls to report your dead body

the second agreed this was the reason.

Neither restricted my movements at all, they often helped me make travel arraignments for weekends
& I kina like knowing they know what area I�ll be in when I�m not in the host city.

Neither said they wanted to know if I will be out drinking & maybe not come home when I stay in the city my school is in,
Only when I leave the city/town/county.

`Understandable to me�
Imagine the loss of face if they have to find you & have No idea where to start looking.

My second school, I had them schedule my Monday classes for late afternoon to make sure I had plenty time to get to them after a weekend out of town.

Ask them about the reasons & see what they say, a good school will be upfront & tell you, then you can decide if they sound like they might use it against you later.

[cj750]

Contract with FTs of the Foreign Expert type are state issued..the other is the addidum (sp) and can be written anyway. My last contract I had a 90 trail and could give a two week notice at the end (either party) I used mine (the exit clause) and kept the green book which allow me to work in another school(they got me a new FExp book and I changed the address with the PSB) that gave me a 8 month contract which ended early due to a breakdown between partners. The school of cource wanted to let me go but I obtained a lawyer and upon see the bus. card they paid me the two months in advance and told me to go with my release letter. If you stick by your guns and detail the contract as much as you can in your favor you can always do ok but time is not on your side if your returning home. My biggest asset is that I am staying in China and have no thoughts of going back. Sometimes I have had to wait as long as three months to get paid (the school told me the goverment didnt give them any money and that all the teachers would be paid at the end of the summer, thinking I would go home..but I showed up on the first day of school and they made arrangements to pay me ..on the side of a road and then they tried to pass fake bills ...carry one of those little black lights..it will save you money

[gmat]

Was this a public school CJ

[cj750]

No..most of the school I have worked for on a full time basis were attached to Universitys but were foreign owned...paid more...
It is always my plan to get the visa through a school with a contract of the least hours possible and then work part time in other schools..so far i have had little problem getting them to agree. Again one of the assets is being here in September when one of their teachers doesnt show up..then they are in a bind and must allow for some play. A good move is to establish a relationship with a lawyer now a days because the use of arbatration boards are fewer and fewer. I could not find on in Dalian and do not know if they exist. I am not sure if the school is responsible for your well being or not by law..I have been told that but I have been told a lot of things. But I have been here 4 years and have not lived on Campus after the first. And by the way the school that seeded my pay with fakes was a state supported college attached to Jilian University and they really did meet me on the side of the road to pay me. Another thing that happen is one of my neighbors ask me to "inquire about entrance to the school for her son" and the Dean very frankly told me that the cost of this would be a payment ot him for 20000RMB.