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Philfalmouth
Joined: 17 Jan 2015 Posts: 3
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Posted: Tue Jan 20, 2015 8:10 am Post subject: Can someone take a look at this contract please? |
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Hi, I've been offered a job and I'd be interested to hear someone with experiences thoughts on the contract.
This contract is made by and between XXXXX. (hereinafter referred to as XXXXX.) and the Instructor.
1. Contract Duration:
The InstructorXXXX will teach for the Special English Class Program (hereinafter referred to as “SEC Program”) XXXX(hereinafter referred to as “Project School”) from March 2 , 2015 to February 30, 2016.
2. Students to Teach:
The Instructor will teach English as a foreign language mainly to high school students aged 2-6 at the Project School.
3. Teaching Loads:
The Instructor will teach 25 hours per week. The 25 hours per week will be divided into different class periods based on the needs of the Program. In case of needs, the Instructor is required to teach extra hours per week with extra pay of RMB150 per hour.
4. Monthly Salary:
The salary for the Instructor will be 8000-10000RMB/month, which will be deposited into his/her bank account on the 15th of next month in respect of the periods beginning teaching and ending teaching. (The first month is 8000RMB, the second month is 8000RMB, The third and fourth month is 9000RMB, the f)Summer holiday and winter holiday will be unpaid. The Project school will help the Instructor to open a bank account if necessary. The Instructor will teach 25hours per week each month (22 days) exclusive of travel, pre-teaching training and class preparation time. For any month(s) in which the Instructor teach for less than a full month, the Instructor will be paid according to the actual number of his/her teaching days at the rate of per working day. If the students and parents, teachers are all happy with the teacher’s work, the salary will be raised at upon.
5. Airfare:
The Instructor will get an airfare reimbursement of up to RMB6,000 upon completion of 10 months teaching. This will be paid at the end of the contract before the Instructor leaves the school.
6. Accommodation:
The Instructor will be provided with a free, private apartment close to the Program School during the contract term. It will be a one-bedroom apartment with a separate bathroom and kitchen (either cafeteria ). The apartment will have an air-conditioner, a TV set, a refrigerator, a washing machine and some basic furniture. If the Instructor needs to have a phone line or an Internet connection in the apartment, XXXXX will assist her/him in getting them at the Instructor’s own costs upon arrival. The Instructor is required to cover her own utility costs such as electricity, water and gas as well as phone bills and Internet package fee.
7. Medical Insurance:
XXXXX will purchase a Medical Insurance for the Instructor. The insurance will be effective in 30 days after the Instructor arrives. The Instructor will be responsible for her own medical costs during the contract term.
8. Arrival Pickup and Departure Drop-off:
The Instructor is required to arrive at the Project School 3 days before the contract time, after attending a two-day pre-employment seminar in Guangzhou shortly before that date.
9. Holidays and Sickness/Private-affair Leaves:
The Instructor will have the Chinese national holidays stipulated by the Chinese government during the contract term.
If the Instructor becomes sick and requires one or two days off, he/her must make a request for sick leave to the Project School before commencement of classes. If the Instructor is very sick and requires sickness leave for more than two consecutive days, or if he/she wishes to be granted private-affair leave, he must make a request in advance by phone or email to XXXXX’s Director of International Exchange, Professor XXXX, whose phone number is XXXXXX and whose email address is XXXXX. To obtain approval for more than two consecutive days of sick leave, the Instructor will be required to provide a sick-leave certificate from a local hospital. A sick-leave request made after a class starts or without prior approval will be considered to be “absent without adequate reasons”, and may result in a penalty of RMB500 each time. A request for private-affair leave, approval of which will be dependent on very strong reasons, must be made at least two days in advance. Any missed classes during sickness or private-affair leave must be made up during the semester. The days of sickness or private-affair leave will not be paid until the missed classes are made up. A private-affair leave requested after a class starts or without prior approval will be considered to be “absent without adequate reasons” and will result in a penalty of RMB500 each time.
10. Visa:
The Instructor is expected to come to China with a work visa under the official invitation provided by the XXXXX. The Instructor is responsible for the visa application fee incurred at the Chinese embassy or consulate abroad and the cost of the Medical Exam needed. The project school will help the instructor obtain a residence permit and will also give the Instructor the relevant Foreign Experts Certificate (FEC), which is recognized in China as a form of identification instead of a passport. The FEC must be returned when the instructor leaves the school.
11. Code of Conduct:
The Instructor must abide by the Chinese government’s laws, decrees and relevant regulations concerning foreigners. He/She must be subject to XXXXX’s management, and observe the XXXXX and Project School’s rules, regulations and teaching arrangements. The Instructor is forbidden to engage her students in any political or religious discussions and activities both in and outside the classrooms. He/She is forbidden to incorporate his/her personal religious or political views into his/her teaching. The Instructor is forbidden to use profanity or make lewd or obscene gestures in front of the students. He/She is forbidden to bring in or utilize any teaching materials whose subject matter contains profanity, violence, sexuality or nudity.
12. Work Ethic:
The Instructor must prepare and deliver classes in a professional manner and with the highest standard possible. He/She must follow the teaching requirements of XXXXX
The Instructor must be punctual for classes. Lateness for more than once without fair reasons, prior requests and approvals will result in a penalty of up to RMB100 each time.
The Project School will assign one Chinese teacher who will be responsible for communicating with the Instructor. This will be in regard to class time/room changes, holidays or any changes in regards to the Instructors schedule. This will be done by email first and then by phone if necessary.
13. Contract Termination:
XXXXX has the right to terminate the contract if the project school considers the teacher unqualified for the teaching or strongly requests that the teacher be dismissed.
XXXXX has the right to terminate the contract if the Instructor seriously breaks “11. Code of Conduct”. Cheating in respect of sickness or private-affair leave, absence from classes without approval more than twice, repeated lateness for classes, discovery that the Instructor is an alcoholic or is using illegal drugs may also result in an immediate contract termination. Under such circumstances, XXXXX will not make payment or reimbursement as agreed in the contract.
XXXXX has the right to terminate the contract when the Instructor performs her teaching task below the Program’s minimum standard, and does not make satisfactory improvement after repeated guidance, coaching or warnings from XXXXX Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
XXXXX has the right to terminate the contract due to events beyond its control such as a natural disaster etc. Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching.
XXXXX has the right to terminate the contract if the Instructor has taken sick leave for 5 consecutive working days and will be unable return to normal working duties. Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
The Instructor has the right to terminate the contract if XXXXX fails to provide her with necessary working and living conditions as agreed in this contract, or if XXXXX does not pay her monthly salary as agreed in this contract.
The Instructor has the right to terminate the contract due to events beyond her control by providing strong evidence and giving 15-days’ notice. Under such circumstances, XXXXX shall pay her until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
If the Instructor terminates the contract without strong reasons, XXXXX will not pay her the unpaid salary and benefits as mentioned in this contract. In addition, the Instructor will be required to pay a breach penalty fee of RMB8, 000.
14. Arbitration:
If any unexpected matters not mentioned in this contract appear, or if any disputes arise from this contract, both parties shall negotiate with each other in a positive and friendly manner. If all efforts of negotiation fail, both parties may appeal to the Administration of Foreign Experts Affairs in China for arbitration.
This contract is written in English with two original copies. Each party will keep one copy. The contract is effective on the date of signature by both parties.
Thank you for any help you can give me. |
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Shanghai Noon
Joined: 18 Aug 2013 Posts: 589 Location: Shanghai, China
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Posted: Tue Jan 20, 2015 10:02 am Post subject: |
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25 hours per week is a bit much, assuming they mean full 60-minute periods. As for salary and accommodation, it all depends on location.
About the visa, try to ask them for a 12-month Expert Certificate and Residence Permit instead of 10-months. The more time, the better off you are. |
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LarssonCrew
Joined: 06 Jun 2009 Posts: 1308
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Posted: Tue Jan 20, 2015 1:53 pm Post subject: |
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Possible one of the worst offers I've ever seen.
100 hours a month for 8000 RMB?
Not paid over the holidays?
It says you are given insurance 30 days after you arrive[why not from arrival?] and then it says you need to pay the costs? |
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mysterytrain

Joined: 23 Mar 2014 Posts: 366
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Posted: Tue Jan 20, 2015 4:28 pm Post subject: Re: Can someone take a look at this contract please? |
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| Philfalmouth wrote: |
2. Students to Teach:
The Instructor will teach English as a foreign language mainly to high school students aged 2-6 at the Project School.
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Kids are entering high school younger and younger, it seems ...  |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Tue Jan 20, 2015 7:47 pm Post subject: |
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Here's the calendar for 2016.
http://www.timeanddate.com/calendar/?year=2016&country=41
Can't imagine students - especially v young ones will attend school over the Chinese NY which starts about 7 Feb.
My points:
1. Check exactly what days you will be paid for - Feb/Mar 2016
2. Unless your are a specialist early childhood teacher these students are way too young.
3. You will need mega curriculum support including resources - where are these coming from?
Best |
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Philfalmouth
Joined: 17 Jan 2015 Posts: 3
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Posted: Tue Jan 20, 2015 8:17 pm Post subject: |
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Thanks for the suggestions guys.
Having just come back to my computer to re-read the contract I scrunched up my face when I noticed the age of 2 at the top. Maybe I should learn to wetnurse as soon as possible.
The job is in a southern district of Guanghzhou.
I'm speaking with both the recruitment company and with the school liason tomorrow morning (I'm in England so the time difference is a bit of a pain)
and will go over yours and my points with them and will be certainly asking for amendments.
In your experience, how do you find government owned schools to be with regards to negotiation?
If you could check back in 15 or so hours | | |