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How typical is a probation period?

 
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Monday



Joined: 29 Apr 2011
Posts: 29

PostPosted: Wed May 11, 2016 9:45 am    Post subject: How typical is a probation period? Reply with quote

I got an offer from a public university. When I looked through the contract, I spotted a line about a 30-day probation period. Students and other teachers will evaluate the foreign teacher and decide if they are fired or can stay on for the rest of the year. This seems quite ridiculous to me. What happens if students just want another teacher who doesn't give homework? And how is it the business of other teachers to decide this? I can understand seeing this in a for-profit language school, but is this common in university contracts?
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Wed May 11, 2016 12:02 pm    Post subject: Reply with quote

It's common in almost every contract I have ever seen. Don't worry. The other teachers and administration probably don't even know the clause exists.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Wed May 11, 2016 12:58 pm    Post subject: Reply with quote

Shanghai Noon wrote:
It's common in almost every contract I have ever seen. Don't worry. The other teachers and administration probably don't even know the clause exists.


I have been here for almost 8 years, and I have never seen that in a contract.

The school might use this clause as an excuse to bring a teacher in on a tourist visa, and most of us know that we should never agree to that.










.


Last edited by rogerwilco on Wed May 11, 2016 2:44 pm; edited 1 time in total
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In the heat of the moment



Joined: 22 May 2015
Posts: 393
Location: Italy

PostPosted: Wed May 11, 2016 1:11 pm    Post subject: Reply with quote

It could be abused, but would you want to stay in a university that does that? For most it's an easy way to drop teachers who either are a few sandwiches short of a picnic or who don't hide it so well Laughing
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Wed May 11, 2016 2:38 pm    Post subject: Reply with quote

I think you are getting caught up in the culture where probationary periods are common in a traditional employer's market.

I have seen and heard of this enough to think that it is not completely terrible to ask this from you, at least from the Chinese perspective.

I think the evaluation from other teachers and students is influenced by contracts for Chinese teachers. You are right, it could be used against you for the wrong reasons.

The Chines labor laws, which also apply to foreign work permit holders, specifically state that the probationary period can only be for one month for each year of a signed contract.

You do hear of employers requiring up to six months and offering a sometimes substantially reduced pay rate. Obviously a red flag in those instances.

I would ask them directly on it and weigh it into your overall decision. I would certainly tell them in the event that you did not take the offer that the probationary period was a factor.
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Monday



Joined: 29 Apr 2011
Posts: 29

PostPosted: Wed May 11, 2016 10:20 pm    Post subject: Reply with quote

jimpellow wrote:
I think the evaluation from other teachers and students is influenced by contracts for Chinese teachers. You are right, it could be used against you for the wrong reasons.
I think if a school has a problem with a teacher, there should be a lot more stages involved. I'd expect several discussions with a boss about specific problems and an opportunity to correct such problems, rather than this system.

I've not had problems with student performance reviews in the past, but know that sometimes when students find they have certain powers, they'll team up and abuse it. And I also know that sometimes Chinese teachers compete for the same work done by foreign teachers, so I think there is a conflict of interest.

Quote:
I would ask them directly on it and weigh it into your overall decision. I would certainly tell them in the event that you did not take the offer that the probationary period was a factor.
Unfortunately, it isn't the only negative on the contract, but I asked about this, just in case I see it again at another school. It doesn't seem like a good think to discuss with a school, as they'll assume only bad teachers will be concerned about it.

The rest of the contract they gave me is just insulting, with a laundry list of fines and very little of anything actually describing any benefits. It would take a very creative person to think of more negative lines to add. I would have expected such from a language mill in the middle of nowhere, not a major public university. Do schools often put out bad contracts first, expecting people to negotiate everything away?
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Thu May 12, 2016 1:38 am    Post subject: Reply with quote

Well, looking at your past posts, it appears that you are a well qualified ESL professional who is new to the China scene.

I am thinking that you are experiencing culture shock to how Chinese employers regard employees?

Also, how things should be done, and how Chinese do them, are diametrically opposed pretty much always.

It looks like you were in the Middle East? Having done Saudi, I would agree that students can gang up on teachers. I never found that to be as large an issue in China. I would agree with you that fellow Chinese teachers can be treacherous.

If you are going to survive in China, and not be swallowed by it, then I would suggest standing up for yourself on every point and on every issue that arises. Expect it pretty much every day. China is desperate for teachers, so asking about a sticking point will not harm your chances. In fact, proving value and then carrying an attitude that you have a willingness to walk is very beneficial.


Last edited by jimpellow on Thu May 12, 2016 1:58 am; edited 1 time in total
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RiverMystic



Joined: 13 Jan 2009
Posts: 1986

PostPosted: Thu May 12, 2016 1:51 am    Post subject: Reply with quote

My last two jobs had it. Two months. Reduced pay during that period.

I can relate one horror experience. A couple of days before the probation period ended the business owner turned up (had never met her, she'd never been into the school). She ordered a meeting with me in the office and fired me on the spot. She said they couldn't justify my salary. And yep, there was nothing I could do. The school director, whom I worked with every day, was happy with my performance. She tried to get me reinstated. But I walked. Wasn't hanging around for more dramas.

I only got paid about 65% of the monthly salary, as it was probation. Had spent a heap of money on gym membership, apartment furnishings, relocation costs, air fare. All down the drain. Couldn't take any of my stuff with me.

So, yep, you are at their mercy. But then again, we all are even if there is no probation. What are you going to do if they fire you? Call your lawyer? Laughing


Last edited by RiverMystic on Thu May 12, 2016 6:07 am; edited 1 time in total
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Thu May 12, 2016 4:31 am    Post subject: Reply with quote

RiverMystic wrote:

I only got paid about 65% of the monthly salary, as it was probation. Had spent a heap of money on gym membership, apartment furnishings, relocation costs, air fare. All down the drain. Couldn't take any of my stuff with me.

So, yep, you are at their mercy. But then again, we all are even if there is no probation. What are you going to do if they fire you? Call your lawyer? Laughing


That depends on who you work for. I got fired once within the probationary period because student enrolement was too low. The school paid out all of my relocation costs down to the last mao.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Thu May 12, 2016 6:36 am    Post subject: Reply with quote

I have always worked for universities in China, never for language centers or kindergartens.

In university contracts you typically do not see probation periods or a lot of penalties.
Salaries are lower at universities, bu there does seem to be less BS.

I am currently considering working at one of several different universities, and none of the contracts that have been sent to me so far has a probation period or a list of penalties.

The OP being given a contract from a university that has a probation period and a list of many penalties seems unusual to me.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Thu May 19, 2016 1:25 am    Post subject: Reply with quote

I live in Canada, and here in British Columbia all jobs have a 90-day probationary period. So I think 30 days is a bit lucky.
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Big Worm



Joined: 02 Jan 2011
Posts: 171

PostPosted: Mon May 23, 2016 5:25 am    Post subject: Reply with quote

ive had prohibition, i mean probation on every contract ive had in china for seven years now. not something to be worried about i think. to be honest, they dont know you eithrr, and need a way to gget out of havi g a crazy dude on their staff.

non issue
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Monday



Joined: 29 Apr 2011
Posts: 29

PostPosted: Mon May 23, 2016 9:52 am    Post subject: Reply with quote

I just got my third contract with a probationary period. This time, it is for the entire duration of the contract.
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Mixal



Joined: 08 Apr 2015
Posts: 80

PostPosted: Mon May 23, 2016 2:09 pm    Post subject: Reply with quote

They are quite common, less so at universities from my experience. However, the fact that your students are your verdicts doesn't sound encouraging- perhaps you should contact previous/current teachers.
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Tue May 24, 2016 3:07 am    Post subject: Reply with quote

Monday wrote:
I just got my third contract with a probationary period. This time, it is for the entire duration of the contract.


Like I stated above, one of the protections that foreigners now receive is the limiting of probationary periods to one month for each year initially signed. Not sure about resigns, but would think those are in violation of the labor law too.

Red flag as you seem to insinuate.
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