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Poker Face
Joined: 20 Jan 2015 Posts: 8
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Posted: Mon Jan 26, 2015 5:34 am Post subject: Contracts for China Foreign Teachers -What makes a good one? |
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I saw an argument at a tefl forum where they say some contracts suck and others are better but when I see teacher contracts in China they all seem so plain and vague. Then I read this here and they say the less clear and more ambiguous the contract is the worse it is. MOD EDIT
So in your opinion guys, what makes a good contract "good". And if you are already in a bad one, how do you get out without losing your visa and last paycheck? |
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nomad soul

Joined: 31 Jan 2010 Posts: 11454 Location: The real world
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Posted: Mon Jan 26, 2015 5:50 am Post subject: |
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- deleted -
Last edited by nomad soul on Fri Feb 06, 2015 2:59 am; edited 1 time in total |
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Lost.And.Found
Joined: 20 Jan 2015 Posts: 42 Location: The Middle Kingdom
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Posted: Fri Feb 06, 2015 2:52 am Post subject: |
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I think a good contract is a fair contract that protects the school and the teacher. It should also spell what is expected of the teacher and what fines and bonuses may affect the teacher. |
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Fergie
Joined: 10 Feb 2015 Posts: 34 Location: The Middle Kingdom
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Posted: Fri Feb 20, 2015 6:43 pm Post subject: Re: Contracts for China Foreign Teachers -What makes a good |
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Poker Face wrote: |
I saw an argument at a tefl forum where they say some contracts suck and others are better but when I see teacher contracts in China they all seem so plain and vague. Then I read this here and they say the less clear and more ambiguous the contract is the worse it is. MOD EDIT
So in your opinion guys, what makes a good contract "good". And if you are already in a bad one, how do you get out without losing your visa and last paycheck? |
This question is relative. What is acceptable to some may be unacceptable to others. There are samples of both good and horrible and okay contracts at this link here. http://eslwatch.info/forum/china/19-all-about-contracts-for-china-expat-foriegn-teachers-the-good,-bad,-and-the-ugly.html But, remember that any promises made to you are as valuable as a used toilet paper. Get it in your contract or forget it was ever said - they sure will. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Sat Feb 21, 2015 4:42 am Post subject: |
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You really need to apply for a lot of jobs and get the job descriptions to see for yourself.
Also, check out abroadchina.org to see what's being offered. You'll get a BASIC idea of what's offered throughout China. I don't endorse that board for anything except as a point of reference.
You need to find out for yourself. Read the opinions of many people in as many forums as possible. |
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Walsh
Joined: 19 Feb 2015 Posts: 24
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Posted: Mon Feb 23, 2015 10:52 am Post subject: Re: Contracts for China Foreign Teachers -What makes a good |
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Fergie wrote: |
Poker Face wrote: |
I saw an argument at a tefl forum where they say some contracts suck and others are better but when I see teacher contracts in China they all seem so plain and vague. Then I read this here and they say the less clear and more ambiguous the contract is the worse it is. A user at eslbase recommended these clauses be inserted into teacher 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.
* Party B at all times reserves his right to to legal remedy and recourse through the appropriate courts as provided by law.
"Party B shall be reimbursed for any and all visa costs including related transportation costs if required to travel more than 10 kilometers to obtain a new visa."
"Party B shall not be asked to expend his/her own funds to purchase any class or teaching materials."
"Party B shall be provided the same two back to back days off every week".
So in your opinion guys, what makes a good contract "good". And if you are already in a bad one, how do you get out without losing your visa and last paycheck? |
This question is relative. What is acceptable to some may be unacceptable to others. There are samples of both good and horrible and okay contracts at this link here. http://eslwatch.info/forum/china/19-all-about-contracts-for-china-expat-foriegn-teachers-the-good,-bad,-and-the-ugly.html But, remember that any promises made to you are as valuable as a used toilet paper. Get it in your contract or forget it was ever said - they sure will. |
That's a very useful link Fergie - Thanks. You may have a good contract but a bad person signing it. So it may all come down to enforcing it at the end of the day. And if you have to enforce a contract, then you are probably working at the wrong school to begin with. |
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JellyRoll
Joined: 20 Dec 2014 Posts: 29 Location: Canada
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Posted: Fri Feb 27, 2015 3:48 am Post subject: Good contract.... |
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Bear in mind - you do NOT sign your contract until you get to your school/Uni in China. Everything, up until that moment, is taken on trust.
Also, the schools have to lay out a lot of cash to get the Z-visa and the medicals done - and they are counting on YOU to fill their quota of teachers needed for the next semester. They do not want to be paying double hourly rates for other existing teachers to take up the slack.
I'm talking about public Uni's here - not private enterprises, and g-d knows, there are way too many cram schools already.
IF you are contacted directly by the FAO and Principal of the Uni/School - and you can easily verify that by getting one of your PREVIOUS students to call the school - you can be pretty well assured that the deal is good.
Public schools/Uni's in China don't have money to burn on time wasters. G-d knows, I've seen enough fake FT's come and go over the years. It damages the reputation of a good school, and it damages the students also.
Most FAO's will bend over backwards to take care of their FT's - notwithstanding the "5 year plan" which royally rogers everyone - try saying that fast after a couple of glasses of baiju - , including the professors and adjunct staff. Been there, done that - and that's why I left last time.
Most of the time, re China - it's all about TYG. If it walks like a duck.....and all that. If it doesn't feel "right", don't do it - it's either a scam recruiter or an agency.
Ask for their license - you can check their number easily.
Do your research.
Contact people on places such as this - oh, and, "sorry, Dave.....forgive me this little thing......" - Raoul's China Saloon - I was a good friend of Raoul Duke and met many excellent, seasoned expats on his board. Now, I'm here. Get used to it - and I'm pro-China, all the way.
If you're in a 'bad' contract, then it's down to your own stupidity, basically - do your homework - check it out - that's what the internet is for.
Yeah, I know, and sympathise with noobs who get thrown in jail and deported for working illegally - but there really is NO EXCUSE anymore.
Jeez Louise - if someone heads out to China on the basis of having watched a few NatGeo progs, then more fool them.
At the end of the day, let's face it - some people just cannot be taught......and China, and the amazing students there, should suffer for this, why?? Too many commas - but I'm not a grammar-nazi right now - just counting the hours until I'm back in TMK again.
Sorry.....no offense to anyone - but I happen to love China - and I've missed it SO much, every single day - there is just something that grabs your heart and won't let go.
Go there, teach you heart out - you will never, ever regret it - neither will they. But, do it the RIGHT way. |
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The Great North
Joined: 24 Feb 2015 Posts: 26 Location: Beijing
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Posted: Sun Mar 08, 2015 5:00 am Post subject: Re: Contracts for China Foreign Teachers -What makes a good |
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Walsh wrote: |
Fergie wrote: |
Poker Face wrote: |
I saw an argument at a tefl forum where they say some contracts suck and others are better but when I see teacher contracts in China they all seem so plain and vague. Then I read this here and they say the less clear and more ambiguous the contract is the worse it is. A user at eslbase recommended these clauses be inserted into teacher 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.
* Party B at all times reserves his right to to legal remedy and recourse through the appropriate courts as provided by law.
"Party B shall be reimbursed for any and all visa costs including related transportation costs if required to travel more than 10 kilometers to obtain a new visa."
"Party B shall not be asked to expend his/her own funds to purchase any class or teaching materials."
"Party B shall be provided the same two back to back days off every week".
So in your opinion guys, what makes a good contract "good". And if you are already in a bad one, how do you get out without losing your visa and last paycheck? |
This question is relative. What is acceptable to some may be unacceptable to others. There are samples of both good and horrible and okay contracts at this link here. http://eslwatch.info/forum/china/19-all-about-contracts-for-china-expat-foriegn-teachers-the-good,-bad,-and-the-ugly.html But, remember that any promises made to you are as valuable as a used toilet paper. Get it in your contract or forget it was ever said - they sure will. |
That's a very useful link Fergie - Thanks. You may have a good contract but a bad person signing it. So it may all come down to enforcing it at the end of the day. And if you have to enforce a contract, then you are probably working at the wrong school to begin with. |
No teacher is going to spend a month's salary on a lawyer to enforce their contract - period. Unless you put them on WeiBo and WeiXin as a school cheating their own teachers, you ain't getting squat and your going to lose your job anyway. So you either suck it up to the end of your contract or you go on the offensive and start talking to the parents, SAFEA, Labor Board, etc. Warn others here at Dave's and all the China expat forums.
I also disagree with Jelly Roll - do not wait to arrive in China before signing your contract. Insist on a signed contract and Z visa before you board a plane inbound for China. Doing it any other way puts you at their complete mercy. |
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Lack
Joined: 10 Aug 2011 Posts: 252
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Posted: Mon Mar 09, 2015 12:10 am Post subject: |
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The most important thing (in general) for contracts is that they need to be specific and detailed.
For example, in my last job, there were extra school events we "had" to do plus going out to another school once or twice a week. None of that was in the contract, but I didn't fight it.
So make sure everything is mentioned in the contract, and anything you get changed, make sure it is in writing or it will be useless: "No, laowai, I didn't promise you that." |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Mon Mar 09, 2015 1:00 am Post subject: |
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Search for an old thread 'Job offer checklist' and there's some pointers. |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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weigookin74
Joined: 30 Mar 2010 Posts: 265
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Posted: Mon Mar 09, 2015 9:08 am Post subject: |
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Don't accept vague promises or assurances from recruiters. Get it written into the contract or edit it into the contract and send it back. If they hire you and you have a signed contract with their agreement, it's good. If not, then move on to the next employer. |
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isitts
Joined: 04 Jun 2010 Posts: 193 Location: Korea
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Posted: Sun Mar 15, 2015 6:01 am Post subject: Re: Good contract.... |
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JellyRoll wrote: |
At the end of the day, let's face it - some people just cannot be taught......and China, and the amazing students there, should suffer for this, why?? |
What? |
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happyinshangqiu
Joined: 20 Jan 2015 Posts: 279 Location: Has specialist qualifications AND local contacts.
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Posted: Sun Mar 15, 2015 7:30 am Post subject: |
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The contract should state clearly what your duties are. If the duties change when you arrive in China then you have the right to refuse them - actually, the places I have worked at in China have been good regarding this, they'll try it on though but you can refuse extra work not laid out in the contract.
If you get a contract and there are extra duties you don't want to do then ask for the contract to be amended and then sign, don't sign the contract and then plan to weasel out of your commitments because that won't work out too well.
As for salary, hours, English corners and the rest of it - it is all dependent on the individual teacher. |
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Mon Mar 16, 2015 10:06 pm Post subject: |
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About contracts...
In the normal z-visa process, the teacher print, signs, scans, and returns a pro-forma copy of the contract which was sent by email to the foreign teacher. The school uses this as a sign of good faith, and, I believe, to secure the working permit and visa notification letter (aka invitation letter) from the government to send to the foreign teacher. Foreign teacher uses those two documents to obtain a z-visa. Arriving in China, this is NOT "the contract" since the teacher was the only signer.
A school that follows the law will then provide a "SAFEA" (government-approved, serial numbered) contract with addendum (one copy for each party in Chinese and in English) for signatures of both the foreign teacher and the school's representative. The terms shouldn't be any different than when the foreign teacher agreed and signed the first time from the home country/Internet. Bring the printed copy of the Internet contract to the school to quickly compare terms with the official contract (at least the English version). It should be easy to compare since it should be identical. If not, read it carefully, point out discrepancies and don't be bullied into signing until you are absolutely comfortable with it. |
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