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asiannationmc
Joined: 13 Aug 2014
Posts: 1342
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 Posted: Mon Jan 12, 2015 2:49 am Post subject: |
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| Not everyone can go to Beijing to ask SAFEA to save a sinking ship. I think that a phone number is best. |
Bud, I have been to that office a few times but never used a phone number, as they informed me that it was better to go direct. they did give my FA Office a dirrect line but it wasnt available to the FT's. The office is indeed there and accessible. I think the place to start would be the local office. In my first post here in China, a young FT, currently serving in the US Army did go to SAFEA (not Beiing) and was freed of his contract and allowed to keep the resident permit.
I have also been to the labor board to confront a foreign University doing business in Beijing as they had no intention of following labor law of China. The results were positive.
Tax office, had to go there once to find out if the school was truly paying my taxes (way back when it mattered to me as to giving the gov der due). They were not and as a result of my inquiry, the school was investigated and paid a fine. We did manage to end my contract one year early as I caused a lot o trouble for them.
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| think that a phone number is best. |
It's not. |
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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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| Posted: Mon Jan 12, 2015 11:03 am Post subject: |
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Sorry, but not everyone lives in Beijing. A service number that isn't available to Foreign Experts?
I'm out of this one now. Good luck, everyone.
Join the CFTU and be free. |
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asiannationmc
Joined: 13 Aug 2014
Posts: 1342
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| Posted: Mon Jan 12, 2015 11:19 am Post subject: |
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| A service number that isn't available to Foreign Experts? |
Don't take it personal.
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Sorry, but not everyone lives in Beijing. |
A talent for the obvious?
A bit of the ole' goggle eye'd and I came up with this.
Not sure it is correct cause I didn't check it for ya. Get over your hurt feelings and link us up....
http://en.safea.gov.cn/2013-08/28/content_16927554.htm
Maybe have your wife check. |
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Scrabble King
Joined: 25 Dec 2014
Posts: 91
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| Posted: Mon Jan 12, 2015 9:36 pm Post subject: |
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Another myth that is convenient for employers and recruiters is that you MUST sign the standard SAFEA contract (created in 1995). This is not true as even SAFEA admits at their job fairs. These are the old plain vanilla contracts that are the most ambiguous I have ever seen. Almost every public school and university uses some modified version of this contract. Clearly since the employer modified it so can you.
Last but not least search near the end of the contract and you will almost always find a clause that says if there is a dispute you automatically agree to "arbitration". Just make sure the word "binding" is not included and your add the sentence "Party B reserves his right to seek remedy and recourse through the courts"
As I explained in my long version on the previous page, this one sentence insertion gives you a 60% of winning versus 35% (assuming your claim has merit) and puts the burden of proof on the employer, as well as give you the choice where to sue the employer. Yesterday I talked with a guy who sued Shane English after he moved from Beijing to Hangzhou and since the Administrator in Beijing did not want to go back and forth to Hangzhou with the company lawyer to make multiple statements in court (In China defendants and plaintiffs must appear in person - not by proxy) He just settled with the guy. The amount was not huge - only 40,000 yuan. But again, if you do nothing - you get nothing. If I ever get in a jam and it is for big bucks, I will use the "Press Release" tactic described in my long previous post. |
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Banner41
Joined: 04 Jan 2011
Posts: 656
Location: Shanghai
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| Posted: Tue Jan 13, 2015 1:26 am Post subject: |
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| Scrabble....you provide loads of other "questionable" information but you can't provide the piece of information that legitimizes this. Only one reason. You can't. |
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Scrabble King
Joined: 25 Dec 2014
Posts: 91
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| Posted: Tue Jan 13, 2015 2:30 am Post subject: |
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You clearly have not read this thread from beginning to end or you would not have made such an ignorant remark Banner. If you personally want more documentation then get off your ass and do what I did - go visit National Library or a SAFEA office and ask for copies of the MOST CURRENT Labor Law (2008) and last amendments (2012 and 2013) pay a translator or learn Chinese and read. Nobody on this forum is going to do your homework for you.
Or maybe sign up for the next Amcham or CFTU seminar or workshop if you want something in English. Most people with gray matter between their ears would understand and appreciate my explanations on page one and two of this thread. Those that may be autistic might have a problem however.
I appreciate there are quite a few lazy people residing on this forum who want everything handed to them on a platter. Sorry that is not my job. I made my contribution on this subject. Prove me wrong if you think I gave you bad information. For anyone sincerely interested in learning how to protect yourself better in China, another user sent me this link which may be useful: http://www.thebeijinger.com/events/2015/jan/china-labor-laws-employee-rights-china-expats-foreign-teachers-workshop |
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Lost.And.Found
Joined: 20 Jan 2015
Posts: 42
Location: The Middle Kingdom
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| Posted: Sun Feb 08, 2015 4:25 am Post subject: |
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Okay I have two suggestions for legal clause...
First if the principal or FAO who recruits you tells you that you will have your own free apartment, you should insert a clause that says something like...
"Party B will be provided a completely furnished apartment with no other occupants residing there now nor in the future and the apartment furnishing will include active internet, cable or satellite TV and (list furnishings)"
Second, if you are coming with a partner or a pet, make darn sure you have a clause that says it is agreed to the school that is providing you the apartment.
I am now in tense and stressful situation over my dog and a roommate I was never told I would have. |
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Fergie
Joined: 10 Feb 2015
Posts: 34
Location: The Middle Kingdom
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| Posted: Fri Feb 20, 2015 5:39 pm Post subject: Re: What clauses China foreign teachers should add to contra |
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| Scrabble King wrote: |
I mentioned in another thread that my Chinese wife works as an HR compliance specialist for Mercer so after I received a curious chain letter from another ESL teacher warning me of illegal contracts and employee rights, I gave a copy of my contract to my wife to see if it was technically a legal contract or not.
Although she concluded that it was not a legal contract because it violated my employee rights, she said that because I signed it, I waived those rights! So we talked about this for a while and came up with clauses that every expat in China should include in their contracts...
* Party B does not under any circumstances waive his/her employee rights and labor board protections, and retains the right to seek legal remedies in the courts of China.
* Party B shall not be compelled to do any non-teaching work for Party A.
* Party B shall be compensated for all overtime hours worked in accordance with central and provincial laws.
* Party B shall not be compelled to provide testimonials or his/her image for any public display purposes by Party A.
* Upon termination for any cause, Party A will provide Party B a release letter within 10 consecutive days of termination, at no cost.
* Existing lesson plans, teaching materials, and ppts of Party B are proprietary and may not be copied nor used without express written consent.
* Party B agrees to work exclusively at one campus located at __________ for Party A.
* Party B is not liable for any fines nor other penalties if this employment agreement is breached by Party A.
What other clauses do you think should be added? By the way, my wife says there is no legal requirement to sign any contract "as is" and hardly anyone uses the old standard SAFEA contract any more except the public schools. |
This looks great on paper but what you get is what they feel like giving you and if you try to fight for what your contract says, you will probably be looking for a new job at the end of the month. So if you are going to contest something about your contract, make sure you do it after payday! |
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The Great North
Joined: 24 Feb 2015
Posts: 26
Location: Beijing
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| Posted: Wed Mar 11, 2015 11:40 pm Post subject: |
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I think every contract should have a clause that clearly says who pays for what! I hate surprises and when I first came to China I flipped out on my employer on my very first pay day when the bitch deducted 3,000 yuan from my pay "to cover the cost of the invitation letter"! (which by the way, the Chinese law mandates that they provide for free) So, forget about what they tell you in phone calls and emails and make sure your contract has a clause that says:
"Party A (employer) is responsible for any all costs related to Party B's (teacher) transportation and admission to China and any all training and lesson plan, teaching material costs once landed in China while employed with them including but not limited to:
a) invitation letter
b) air fare
c) taxi fare from airport
d) housing subsidy of _________rmb
e) teaching materials
f) any extra training required after arrival
g) release letters
h) transportation costs to and from different campuses
i) transportation costs to an from any outside school activities
j) any medical exam and insurance costs required " |
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