Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Big brother clause in contract
Goto page Previous  1, 2, 3, 4  Next
 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> China (Job-related Posts Only)
View previous topic :: View next topic  
Author Message
doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Tue Jan 12, 2016 1:13 am    Post subject: Reply with quote

I would have a bigger problem with the first part of the clause, but different strokes and all that.

As to the second part, I think they're just informing you about something you need to know. The law here is that any foreigner arriving in China has to register their address at the nearest police station within 24 hours of arrival. If you change address for any reason you have to re-register. That's why you have to provide hotels with your passport details for instance, so they can register you with the local police. Your university will register your arrival as well. Similarly, if any foreign person stays the night with you, they are legally obliged to register with the local police since technically they have changed address for the night. They haven't really worded it very well, since it looks like anybody, including a Chinese national, would have to register. I don't believe that's the case, but any foreigner would. Of course, this being China, most of us either ignore things like that or just don't know about it.

I would either check the wording and intention behind it with the uni, or just ignore it.
Back to top
View user's profile Send private message
adventious



Joined: 23 Nov 2015
Posts: 237
Location: In the wide

PostPosted: Tue Jan 12, 2016 1:27 am    Post subject: Reply with quote

I live on a campus in residential housing (apartment complex in which teachers, retired teachers, and their relatives reside) and the language in my contract relating to professional behavior is focused on the delivery of lessons and "respecting the Chinese people's moral standards and customs". Nothing in it describes reporting to anyone, or addresses what I could interpret as limiting to my privacy.

So, my experience is more like the bear's than others in this thread. There is more drama on this website than in my life in China. And many who spin tales of China's particulars and idiosyncracies tell us more about themselves than China.
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 1:33 am    Post subject: Reply with quote

HZ88 wrote

Quote:
To all intents and purposes these are the official rules that any establishment accommodating foreigners must deal with.


I am not trying to be cheeky, but where is it noted to be official rules?
Again, I am not referring to staying at hotels and such when travelling- just having a normal social life.

Quote:
Our FAO is flexible to a degree but won't permit it for more than a couple of days and if they are foreign he will take a copy of their passport. There is a notice at the entrance and in every apartment that we are not allowed long term overnight guests.


I never have friends crash at my apartment or otherwise stay long-term. In my contract it states "24 hours or overnight". Even so, your FAO is involved if you have dinner and chat with a lady friend that happens to stay the night? Or you spend a day together, catch a late movie and she goes to your place to spend the night, you have to inform your FAO every time ?


Quote:
In Shanxi even for a private landlord to rent to or provide accommodation to a foreigner they must get local police approval and there are areas which are off bounds to foreigners in this regard. Many other posts on this and other boards mention this.


I am aware of this, but it does not really reflect the main reason I am concerned about the clause in the contract.

Quote:
As for what Bud says, yes this is true, I have seen it first hand. Once a hotel registers you in their system it is automatically fed into the PSB database and they can see where you are at the press of a few buttons. Last year we had a foreigner leave unannounced and our FAO was able to determine through the local police that he had in fact exited the country that previous evening. Unless you stay somewhere where it is not logged (and that would have to be some real backwater or a tent!) it can and will be logged.


No problem. They can track my hotel whereabouts as much as they like Smile


Quote:
Public Security Organs refer to PSB (Public Security Bureau) or local police.


See above. I have to inform the PSB that Miss Zhao is going to spend the night, or that I am going to spend 1 night at Ms Zhao's place? How would that even work?
Back to top
View user's profile Send private message
jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Tue Jan 12, 2016 1:51 am    Post subject: Reply with quote

TeacherInChina wrote:
Jim Pellow wrote

Quote:
I agree with Bud that a foreigner has always been tracked to some degree in China. In my first lao wai love pad, I would always position my bed to be at an optimal viewing angle to that one odd looking security detector in the corner.


What?!?! I hope you are joking Smile


Quote:
The wording and the late inclusion do make me wonder if the jurisdictions are starting to implement, and will stronger enforce the security provisions of the 2013-2014 changes. There is certainly enough feedback that it is happening in other areas.


If it was their standard morality clause, then why was it added the last minute? There were other changes made to my contract last minute and with no discussion, all of which benefited them, so the last sentence about accommodating a friend for a night, one must register with the Public security organ was something they explicitly wanted to include. But really? One night? This appears to be more concerned about curtailing or monitoring specific activity.

Quote:
I would actually ask about it. Not that you will likely get an informed or honest answer.


I think I am dealing with a teacher, as she has had to get approval from her "boss" on everything we have discussed.


I don't think they were the ones who added the part about the PSB. The Chinese do everything they can to steer clear of the authorities. I think this was handed down to them recently, and added in with the typical last minute one sided changes.

I guess time will tell if the newer increased security provisions will be implemented locally, and the extent to which they will be enforced. The hukou thing was annoying, but some of the newer stuff is just downright extreme, even for those coming on tourist visas for a week.

I think in terms of preventing mei nu from spending the night, I don't think that is the aim of the public security "organs"(Oddly, this is indeed how the immigration lawyers that deal with China phrase it too). In fact, the local police around town would often give me a thumbs up after my weekly bar girl schuang fei bedroom security cam show.

I think it is more tied to the viewpoint by the new regime that Westerners in China are a potential threat. So I think the specific threat they are trying to stop is Westerners and Chinese rabble rousers gathering privately and plotting to bring down the government.

I would summarize that this visitor clause was on the books before(at least in some jurisdictions), but I think it will be universal more enforced. How? No idea...


Last edited by jimpellow on Tue Jan 12, 2016 1:56 am; edited 1 time in total
Back to top
View user's profile Send private message Visit poster's website
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 1:55 am    Post subject: Reply with quote

doogsville wrote
Quote:
I would have a bigger problem with the first part of the clause, but different strokes and all that.


I do have a problem with it, but there is no way i would tell them that I am staying the night at a lady friend's place. This would be easy to ignore. The second part is harder to ignore for obvious reasons.

Quote:
They haven't really worded it very well, since it looks like anybody, including a Chinese national, would have to register. I don't believe that's the case, but any foreigner would. Of course, this being China, most of us either ignore things like that or just don't know about it.


Yes, not foreigner, but a Chinese national. That is irks me about the clause and the intrusion on a reasonable amount of privacy.

Quote:
I would either check the wording and intention behind it with the uni, or just ignore it.


As noted from another poster, and my thought as well, is that if i bring it up, then they they may be hyper focused on my social life. Not that i plan nefarious deeds with the locals, but hey, I am a healthy male, who is just a low key private person.

I am just curious to know if others, who have experienced dealing with these clauses, or spoken to their Uni about them and consequently had positive experiences in such interactions, or if I am just overreacting and just better off ignoring them (the clauses).

Again, I am not hosting parties, or foreigner friends long term on my couch, or drinking and trying to drag unsuspecting ladies back to my apartment. Just a normal 'social' life.

My first instinct is to tell my uni that requiring me to inform them of 'local' overnight guest is unreasonable, and therefore would strongly prefer that the clause be removed. But others with more experience in China might caution such a move, hence why I am seeking advice.
Back to top
View user's profile Send private message
OhBudPowellWhereArtThou



Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003

PostPosted: Tue Jan 12, 2016 1:59 am    Post subject: Reply with quote

Jim Pellow is correct. That's not really the morality clause. The morality clause is pretty vague, though. Most require the FT to "abide by and uphold local moral standards" (which doesn't say much). If I can find my contract, I'll quote it directly. Such wording has appeared in every contract I've signed and in almost every response to any inquiry. Some may not have seen it in every sample contract. They lay it on you when you arrive.

It's a lot like how in some school-provided apartments there'll be a sign in a room that stipulates that company must depart no later than a given time, though that's never stated in the contract.


I have always been asked for my passport whenever I stay in a hotel, and a copy of it has always been made by the counter clerk, so I assume that someone has an interest in knowing where I have been. Even Chinese citizens must show identification, despite the fact that they (like foreigners) must pay upfront. I do wonder, though, if the hotels are required to report our stays, or if the hotels are just required to keep a record.

I have found that the older the FAO, the more liberal she is regarding the FT's freedom. I always inform my FAO whenever I have company over for the day. I do that as protection from prying eyes and flapping lips. (Unfortunately, it doesn't always work).

Again, I wouldn't even make mention of that paragraph. That'll only draw attention to you.
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 2:07 am    Post subject: Reply with quote

adventious wrote
Quote:
I live on a campus in residential housing (apartment complex in which teachers, retired teachers, and their relatives reside) and the language in my contract relating to professional behavior is focused on the delivery of lessons and "respecting the Chinese people's moral standards and customs". Nothing in it describes reporting to anyone, or addresses what I could interpret as limiting to my privacy.


This has been my experience as well, and I have no problem with that.

Quote:
So, my experience is more like the bear's than others in this thread. There is more drama on this website than in my life in China. And many who spin tales of China's particulars and idiosyncracies tell us more about themselves than China.


It is hard to be certain what exactly you are insinuating, if anything, about what has been written in this particular thread. I do not think anything what has been said thus far is 'revealing' anything negative about them whatsoever. Just some lighthearted banter to bring levity to an otherwise ridiculous clause in my, and apparently others' contracts.
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 2:20 am    Post subject: Reply with quote

OhBudPowellWhereArtThou wrote
Quote:
Jim Pellow is correct. That's not really the morality clause. The morality clause is pretty vague, though. Most require the FT to "abide by and uphold local moral standards" (which doesn't say much).


Yes, I have had this in every contract as well and in my current one in dispute. I am not concerned about it. But the extra clauses I quoted in my contract, particularly the second one (It is not about hotel registration, etc.) is my worry.

Quote:
It's a lot like how in some school-provided apartments there'll be a sign in a room that stipulates that company must depart no later than a given time, though that's never stated in the contract.


And those rules are usually not enforced strictly and not in the contract, as you noted. But mine are stated explicitly in the contract.


Quote:
Even Chinese citizens must show identification, despite the fact that they (like foreigners) must pay upfront. I do wonder, though, if the hotels are required to report our stays, or if the hotels are just required to keep a record.


I am not sure, but i have been denied lodgings before. So maybe there is direct oversight.

Quote:
I have found that the older the FAO, the more liberal she is regarding the FT's freedom. I always inform my FAO whenever I have company over for the day. I do that as protection from prying eyes and flapping lips. (Unfortunately, it doesn't always work).


I am not sure how that would work. Do you actually sens a note saying that Ms Wu is coming over to your place for dinner or Ms Wu is my girlfriend and she plans on spending the night? How does that conversation even work?

Quote:
Again, I wouldn't even make mention of that paragraph. That'll only draw attention to you.


I have to decide on this within the hour.... it seems to be that the general consensus, or at least the safest route, is to just ignore it...
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 2:45 am    Post subject: Reply with quote

jimpellow wrote
"]
Quote:
TeacherInChina wrote:
Jim Pellow wrote

Quote:
I agree with Bud that a foreigner has always been tracked to some degree in China. In my first lao wai love pad, I would always position my bed to be at an optimal viewing angle to that one odd looking security detector in the corner.


What?!?! I hope you are joking Smile


Quote:
The wording and the late inclusion do make me wonder if the jurisdictions are starting to implement, and will stronger enforce the security provisions of the 2013-2014 changes. There is certainly enough feedback that it is happening in other areas.


If it was their standard morality clause, then why was it added the last minute? There were other changes made to my contract last minute and with no discussion, all of which benefited them, so the last sentence about accommodating a friend for a night, one must register with the Public security organ was something they explicitly wanted to include. But really? One night? This appears to be more concerned about curtailing or monitoring specific activity.

Quote:
I would actually ask about it. Not that you will likely get an informed or honest answer.


I think I am dealing with a teacher, as she has had to get approval from her "boss" on everything we have discussed.


Quote:

I think in terms of preventing mei nu from spending the night, I don't think that is the aim of the public security "organs"(Oddly, this is indeed how the immigration lawyers that deal with China phrase it too). In fact, the local police around town would often give me a thumbs up after my weekly bar girl schuang fei bedroom security cam show.


Very poorly worded for sure, but seeking clarification is often a futile exercise...

I am not sure if you are joking... Smile

Quote:
I think it is more tied to the viewpoint by the new regime that Westerners in China are a potential threat. So I think the specific threat they are trying to stop is Westerners and Chinese rabble rousers gathering privately and plotting to bring down the government.


That is the jist, except, replace the political aspect with co-habitation. If the uni (FAO) does not like the fact that I may see a Chinese lady bothers them, then that is their business. But, inserting something like that, last minute, is going to far it seems. And yes, it does bother some that foreigners 'mingle' with the local population.
Back to top
View user's profile Send private message
hz88



Joined: 27 Sep 2015
Posts: 162

PostPosted: Tue Jan 12, 2016 2:51 am    Post subject: Reply with quote

I do understand your annoyance at what at the end of the day is an invasion of privacy but there is not much you can do about it.

We as foreigners are monitored, whether you are aware or not, we are. If you do make a big issue of it, you will simply draw unwanted attention to yourself before you even begin and thats probably not the best way to go about things.

I too am a very low key kind of guy and at first had exactly the same reservations and mild anger that you are intimating however if you just go along with it and don't take the piss as they say you will be left alone. Those in China a long time will say 'a little is more' the analogy being that if you tell your FAO or the powers at be something they will be happy and less curious than if you tell them nothing. Telling them nothing causes them to be suspicious and look at you more closely.

It is in the official rules about providing accommodation to foreigners and if pursued heavy fines can be imposed on persons who ignore it. In hotels it largely depends on where, often hotels will refuse foreigners not because they are full, simply because they don't want the trouble of registering them or they don't know how. I have been with Chinese friends at check in and in remote places they will simply use their ID card rather than my passport as it saves manual inputting of information. Most hotels can receive foreigners they just don't want to be bothered with the added hassles of it so simply say 'no foreigners' or 'sorry, we are full'. Take a look at the back of your arrival card when you come to China, this is mentioned.

Annoying as it is for you, I would dismiss it, getting worked up and making issues will make them draw adverse conclusions about you. Is it worth it?
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 3:18 am    Post subject: Reply with quote

hz88 wrote:
I do understand your annoyance at what at the end of the day is an invasion of privacy but there is not much you can do about it.

We as foreigners are monitored, whether you are aware or not, we are. If you do make a big issue of it, you will simply draw unwanted attention to yourself before you even begin and thats probably not the best way to go about things.

I too am a very low key kind of guy and at first had exactly the same reservations and mild anger that you are intimating however if you just go along with it and don't take the piss as they say you will be left alone. Those in China a long time will say 'a little is more' the analogy being that if you tell your FAO or the powers at be something they will be happy and less curious than if you tell them nothing. Telling them nothing causes them to be suspicious and look at you more closely.

It is in the official rules about providing accommodation to foreigners and if pursued heavy fines can be imposed on persons who ignore it. In hotels it largely depends on where, often hotels will refuse foreigners not because they are full, simply because they don't want the trouble of registering them or they don't know how. I have been with Chinese friends at check in and in remote places they will simply use their ID card rather than my passport as it saves manual inputting of information. Most hotels can receive foreigners they just don't want to be bothered with the added hassles of it so simply say 'no foreigners' or 'sorry, we are full'. Take a look at the back of your arrival card when you come to China, this is mentioned.

Annoying as it is for you, I would dismiss it, getting worked up and making issues will make them draw adverse conclusions about you. Is it worth it?


Well said. I think you are right in that I should just let this go. Nothing good can possibly come with me questioning this part of the contract. I have decided to heed the reasonable advice here and ignore the clause.

I know that you and others are being thorough in your answer(s), and i appreciate it.

But, if I may beat a dead horse for a moment Laughing

I am fully aware of the regulations about registering my whereabouts when travelling around China etc. I accept it that that is how it is here and I am not contesting it. My only concern is how this seemingly unrelated clause is worded in my contract to encompass any 'guest' foreign or local who happens to stay the night. It is a simply a way for the Uni to be aware of or monitor who I am being intimate/fraternizing with. It is simply absurd, as it is worded, that anyone would send a text to the PSB or police that Ms Wu has decided to spend one night at their apartment. How would one even get constable Cheung on speed dial? Does my FAO want me to call her at 11pm to inform him/her that Ms Wu will be staying the night?

If due to the awkward wording, as noted, that this is instead intended for long term foreigner couch surfer guests, then perhaps i am just interpreting the poorly worded clause negatively and I am just frazzled and on edge from the long and overly arduous job search this time around Smile

Okay. righteous indignation is over Smile

Now let's see if they agree to include the exact day that I will get paid in the contract...
Back to top
View user's profile Send private message
asiannationmc



Joined: 13 Aug 2014
Posts: 1342

PostPosted: Tue Jan 12, 2016 3:42 am    Post subject: Reply with quote

Quote:
Party B, when accommodate relatives or friends for night, shall go through the registration formalities with the public security organ.


Simply put, the inclusion could only be in accordance with a legal requirement by the PSB.

Recently schools in Beijing passed out a form to be signed by foreign students studying in China that incl. a promise not to use drugs and to obey the laws in the PRC.

As to the registration .... even if you own your own place, and have someone stay with you it is a requirement to register that guest....I seem to remember a form given out by stews close to the time of landing in Beijing which incl. the address of where you are staying....been some time as my O.L. usually fills out the form now, how ever when we travel abroad I do not remember filling out such a form. She tends to have a bit of distance when entering the U.S. (as well as other places) as I tend to get detained for a barrage of questions, money counting and questions as to where I am going and purpose of my visit. In the past, in the U.S. there was a alien registration form issued by post offices which at this time has been done away with but could possible be reinstated if the right folk are elected.

Event though I live in a village, the local psb has never been to my compound and unless someone reported strange goings-on .. I doubt they would check a visitor. Sometimes 15 or more motorcycles will be parked in front and as of yet no police presence. Knock on wood.


Quote:
'guest' foreign or local who happens to stay the night.
as I read the text as posted it doesn't say this.
Back to top
View user's profile Send private message
TeacherInChina



Joined: 17 Dec 2010
Posts: 206

PostPosted: Tue Jan 12, 2016 4:52 am    Post subject: Reply with quote

asiannationmc wrote

Quote:
Event though I live in a village, the local psb has never been to my compound and unless someone reported strange goings-on .. I doubt they would check a visitor. Sometimes 15 or more motorcycles will be parked in front and as of yet no police presence. Knock on wood.


Are you running a local chapter of the Rock Machine ?

Quote:
'guest' foreign or local who happens to stay the night.


asiannationmc wrote
Quote:
as I read the text as posted it doesn't say this.


If the purpose of the clause is to remind me that I must follow the relevant laws and regulations in regards to foreign guests staying the night, then it should explicitly state who this regulation pertains to. By not stating it that way, it leaves it open to interpretation - a friend is a friend, regardless. This is just crappy writing. Mind you they are very particular when it comes to what Party A will and will not pay for in a contract. Selective ambiguity usually only benefits the contract writer.
Back to top
View user's profile Send private message
asiannationmc



Joined: 13 Aug 2014
Posts: 1342

PostPosted: Tue Jan 12, 2016 5:12 am    Post subject: Reply with quote

Quote:
Rock Machine


Canadian MC, last I heard was disbanded.

Quote:
If the purpose of the clause is to remind me that I must follow the relevant laws and regulations in regards to foreign guests staying the night, then it should explicitly state who this regulation pertains to. By not stating it that way, it leaves it open to interpretation - a friend is a friend, regardless.


Could be the inclusion is a requirement of the local PSD and if it is open to interpretation, than interpret to your benefit.

Quote:
Selective ambiguity usually only benefits the contract writer.


Far easier to get forgiveness than permission but if it really bothers you as to the crappy explanation, why not check the Chinese version. Or clarify it as "foreign guest" with your FAO, make corrections on your copy and send it back.

Quote:
a friend is a friend, regardless


Since it is in the same sentence as family, I would consider it pertaining to foreign guest.
Back to top
View user's profile Send private message
hz88



Joined: 27 Sep 2015
Posts: 162

PostPosted: Tue Jan 12, 2016 5:29 am    Post subject: Reply with quote

It really is open to interpretation. If things are followed as the law stands, any guest Chinese or otherwise should be reported. It largely depends on where you are as to how rigidly it is enforced.

What is for certain is that your presence will be noticed and somewhere someone official will be notified and likewise if a new face is detected in or around your living quarters be they private or school provided. Unless there is some reason to investigate it, it is unlikely to be followed up.

You could ask for clarification about this clause but as I said, dig too deep and you might find quicksand below.

A new hire at my school this year had similar issues to you. There was nothing in the contract about it but when he arrived at school obviously saw the notices and was nonplussed about it. He was simply told thats the way it is, take it or leave it. The school argued that he did not ask the question at interview and he argued it is unfair. The saga went on for a few weeks even to the extent of him wanting to find private accommodation only to be met with a similar brick wall from landlords. He just travels to his girlfriends city now rather than the other way round. He said that previously nobody had batted an eyelid about anyone visiting and for how long, chances are they did bat an eyelid but he wasn't aware of it.

Really, it seems to depend on where you are and how it is enforced. Hinterlands, backwaters and smaller cities seem to be more prone to it than the big cities. I would just accept it and later if you are having a visit, Chinese, foreign, male or female test the waters and if you feel it is not being noticed then don't mention it. If someone does mention to you then clearly you are going to have to tow the line. Either keep your mole hill or make a mountain....
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> China (Job-related Posts Only) All times are GMT
Goto page Previous  1, 2, 3, 4  Next
Page 2 of 4

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Teaching Jobs in China
Teaching Jobs in China