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Wo Dong
Joined: 02 Sep 2014
Posts: 54
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 Posted: Tue Sep 16, 2014 11:33 pm Post subject: Good News - Moonlighting Is Legal In China After All... |
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I confirmed with my father-in-law that unless you are employed with an SOE or government agency/entity (like an embassy, Peace Corps, UN, etc) there is no law in China that prevents you from having second or even third jobs tutoring, translating, etc. (For those of you who did not see my other thread, my FIL is a former law professor at Renmin University - the Harvard Law School of Asia).
He further says that educational companies and schools cannot withhold release letters nor charge you money for them, nor can they prohibit you from private tutoring - if the students you tutor are not their CURRENT clients. I think this second part is noteworthy because my colleague was refused a release letter because the employer was pissed that he did nit renew his contract and instead began tutoring in the same neighborhood about 1,000 meters away.
Many of you may laugh about getting laws enforced in China but after you learn about the story of teacher Cole who sued two schools and actually won a $30,000 settlement from a large chain, you will stop laughing. Apparently it is not actually the law the school administrators fear (if they have guan xi) but rather the risk of publicity as Cole was paid the settlement the day after a CCTV reporter tried to get an appointment with the school's FAO. The school he sued was operating for 3 years claiming to be an affiliate of BFSU and they were not. The school even used the BFSU logo on all of there brochures and turned out only to have a license to be an "educational consultant" and not a "school", nor "learning center".
What surprised me the most was that Cole was actually hired by another school and his visa was renewed. So there is more respect for the law today than four years when I arrived.
Last edited by Wo Dong on Wed Sep 17, 2014 2:39 am; edited 2 times in total |
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newmansone
Joined: 07 Sep 2014
Posts: 70
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| Posted: Wed Sep 17, 2014 12:10 am Post subject: |
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Talk about spam bait.
Read the SAFEA contract - a legally binding contract according to the Labor Ministry. In addition, read the Immigration Visa law for the Z visa.
It's all there in black and white regarding this subject of "second jobs."
WOW |
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Wo Dong
Joined: 02 Sep 2014
Posts: 54
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| Posted: Wed Sep 17, 2014 12:25 am Post subject: |
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Go to Renmin Law Library and read the 2012 and 2013 labor law amendments and you will see that new laws give foreigners "equal protection and enforcement of the law" as Chinese employees, and no Chinese employee can be prevented from moonlighting "with other employers not considered to be a competitor" BTW... I think the SAFEA contract template you are speaking about is a 2002 document.
Take a translator with you to Renmin or offer student 100 yuan to find the law for you. It will take less than 30 minutes. |
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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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| Posted: Wed Sep 17, 2014 1:08 am Post subject: |
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| Sticky: "...This forum is not any one member's personal playground..." |
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Wo Dong
Joined: 02 Sep 2014
Posts: 54
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| Posted: Wed Sep 17, 2014 2:43 am Post subject: |
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| Bud Powell wrote: |
| Sticky: "...This forum is not any one member's personal playground..." |
Once again I agree with you Bud, but by the same token, just because you have been posting here for years does not negate the rights of newbies to disagree with you. I agree with 80% of your posts, but when I disagree, I do not expect to be greeted with insults and hostility. You have to admit that you have given incorrect advice and information in the past (about foreigners having to have Chinese partners to open a business, or having to have a TEFL certificate to teach in China - remember?)
In reading some of your old 2012 and 2013 posts, you yourself chastised people for "attacking the messenger" instead of the message - remember? Please extend that courtesy to me as well Bud. Freedom of speech is something I am not willing to forfeit only because you don't like a certain topic that may adversely affect your personal income.
And although I realize you may have discussed some topics dozens of times, I have not and since the sticky thread on contracts in China have been LOCKED for 8 Years, I am trying to bring others up to speed on new changes in the laws that help them, since I am getting the info directly from a veteran labor lawyer in China who was a law professor for five years at Renmin University - the premier law school of Asia. |
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newmansone
Joined: 07 Sep 2014
Posts: 70
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| Posted: Wed Sep 17, 2014 3:59 am Post subject: |
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| Wo Dong wrote: |
| Bud Powell wrote: |
| Sticky: "...This forum is not any one member's personal playground..." |
Once again I agree with you Bud, but by the same token, just because you have been posting here for years does not negate the rights of newbies to disagree with you. I agree with 80% of your posts, but when I disagree, I do not expect to be greeted with insults and hostility. You have to admit that you have given incorrect advice and information in the past (about foreigners having to have Chinese partners to open a business, or having to have a TEFL certificate to teach in China - remember?)
In reading some of your old 2012 and 2013 posts, you yourself chastised people for "attacking the messenger" instead of the message - remember? Please extend that courtesy to me as well Bud. Freedom of speech is something I am not willing to forfeit only because you don't like a certain topic that may adversely affect your personal income.
And although I realize you may have discussed some topics dozens of times, I have not and since the sticky thread on contracts in China have been LOCKED for 8 Years, I am trying to bring others up to speed on new changes in the laws that help them, since I am getting the info directly from a veteran labor lawyer in China who was a law professor for five years at Renmin University - the premier law school of Asia. |
NONE of this has any standing with me. The contract is as of 2014 AND remains valid today. Read it. If you sign it, you agree to it. You are welcome to sign away your rights anyway.
That being said, Chinese visa regulations prohibit anyone from working for another employer in a job, paid or unpaid. Read that law as well. Visa violations are no different than contract violations except that one will get you more easily deported.
And get a grip on your holier-than-thou "freedom of speech" ... hardly all countries or cultures provide such a right, nor does the forum here. |
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Voyeur
Joined: 03 Jul 2012
Posts: 431
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| Posted: Wed Sep 17, 2014 4:16 am Post subject: |
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| I always thought that the real problem was the immigration rules, not your contract. |
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mike w
Joined: 26 May 2004
Posts: 1071
Location: Beijing building site
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| Posted: Wed Sep 17, 2014 4:43 | | |
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