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tyroleanhat
Joined: 21 Oct 2013
Posts: 209
Location: Austria / China
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 Posted: Tue Feb 21, 2017 7:19 am Post subject: Private teaching / side work in an academy |
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This probably sounds like a naive question, coming from somebody who often reads this forum and lived in China for a couple of months now, but I feel I still dont really understand the whole story of private teaching yet.
I got a nice offer to teach (on the side) one afternoon in an academy at the other end of the city (lets say, not in English but in my professional field)
They want to have kind of a signed agreement on a simple fee basis.
I know that this can't be "official" work anyway, not from my part because my main employer's contract forbids me to do so, and not from their part because they surely dont have a license to employ foreigners. The owner confessed to me, he has no knowledge and experience about hiring a foreigner and the involved legalities, but he wishes to have me teaching there nonetheless.
So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value.
If I teach one afternoon a week in that academy and I get paid cash on hand, isnt that basically private teaching? - Hence something that everybody does anyway, including my colleagues at my university.
I don't really understand where is the line between privates and the all-so-forbidden work outside my university.
So just to sum it up, as I understand it: Both sides, me and the academy are acting "illegally" by having this kind of agreement. But should I not worry too much, as everybody seems to do it?
What if my main employer finds out? Should I even tell them/ask them?
Or better be discrete about it - "What the eye doesn't see, the heart doesn't grieve over."
The "side jobs" I read about in this forum - are there usually contracts or agreements involved? or do you just show up on time, teach and collect your cash - and if one party fails to do his/her job then the whole story simply ends, no questions asked? |
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Jmbf
Joined: 29 Jun 2014
Posts: 663
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| Posted: Tue Feb 21, 2017 8:40 am Post subject: |
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| For me, private teaching usually means teaching a student directly, without going through a middleman such as an agent or academy, although I know there are sometimes exceptions. From what you describe, it seems almost like you have taken on a 2nd teaching job, and that comes with increased risks. What would happen if the authorities carry out a spot check while you are teaching in this academy? |
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OhBudPowellWhereArtThou
Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003
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| Posted: Tue Feb 21, 2017 1:06 pm Post subject: |
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So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value.
Be sure that the signed agreement is for the second employer's benefit, not yours. |
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tyroleanhat
Joined: 21 Oct 2013
Posts: 209
Location: Austria / China
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| Posted: Tue Feb 21, 2017 3:00 pm Post subject: |
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| OhBudPowellWhereArtThou wrote: |
So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value.
Be sure that the signed agreement is for the second employer's benefit, not yours. |
Not sure if I get what you mean. It is for our both benefit, I get paid well, and he seems to value my teaching a lot. Well I didnt start yet, I am having second thoughts. |
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Elicit
Joined: 12 May 2010
Posts: 244
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| Posted: Tue Feb 21, 2017 3:31 pm Post subject: |
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| OhBudPowellWhereArtThou wrote: |
So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value.
Be sure that the signed agreement is for the second employer's benefit, not yours. |
Everything above and...
...you don't want signed agreements for prohibited part-time work getting into the wrong hands, which could well be those of the second employer. Better to turn up, teach and take your money. |
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jimpellow
Joined: 12 Oct 2007
Posts: 913
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| Posted: Tue Feb 21, 2017 4:06 pm Post subject: |
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| Elicit wrote: |
| OhBudPowellWhereArtThou wrote: |
So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value.
Be sure that the signed agreement is for the second employer's benefit, not yours. |
Everything above and...
...you don't want signed agreements for prohibited part-time work getting into the wrong hands, which could well be those of the second employer. Better to turn up, teach and take your money. |
I agree. The only possible benefit of the signed contract is it would in theory toast his butt too in the event 50 policemen show up to march you out. They will stay claim they have no idea who you are, and that the foreign devil forged the contract and owner's signature, and likely walk away scot free. You, meanwhile, will be in your jail cell writing your apology letter to the Chinese people for all that the West has inflicted upon them over the last few centuries.
You will probably be fine in reality. I would do cash and not accept any excuses for late payments. No pay after each class, no next time, no more chances. He WILL want you to work more with time. Chinese are masters at manipulating Westerners with the sunken cost fallacy; teachers find themselves working more and more because they don't want to walk away from all the money the school owes them. |
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backtochina2017
Joined: 28 Nov 2016
Posts: 123
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| Posted: Tue Feb 21, 2017 6:30 pm Post subject: |
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| Quote: |
| So my first question is - why signing an agreement? if it is illegal anyway - for both sides. A signed agreement seems to be more of symbolic value, surely not of legal value. |
There is not really a "legal" route for a person to go through. You are assuming there are 2 sides of the same coin when in fact there is no coin. It's just flat land. You can go north, south, east, or west.
There might be a blacklist, but I have never had problems getting a new job. I would assume the division you should be looking for is not work divisions but the division between work and visa.
They don't even call it immigration, it's PSB (Public Security Bureau) or Entry Exit Bureau. That's the division.
Piss off your employer, get a new employer. Piss off the Chinese government, go to another country. Moral of the story Mory, keep PSB or EEB happy (don't preach the bible/koran, don't collude, don't get into bar fist fights with the locals). I'll explain more next.
"and not from their part because they surely dont have a license to employ foreigners"
Applying the 101 lesson from above, what does that mean? If the authorities catch you teaching at a place that doesn't have a license, they get a slap on the wrist and get to stay in China. You risk getting blacklisted and kicked out for some years. If you are going to work illegally anywhere, why choose China?
Look at your expenses. You could easily have Chinese friends buy your meals and pay for things at stores. This is not illegal and it will not get you in trouble with zero risk. If you accept cash on the other hand, you not only have to justify how you got it but you have to know what to do with it if you aren't spending it all in China and want to send it back home.
Time to rethink this "side work".
"It is for our both benefit, I get paid well, and he seems to value my teaching a lot."
The contract is never for the teacher's benefit. You can't go to the PSB and cry to them when your residence permit is canceled. Also, you can't go to the PSB, cancel things, and move on to another school without your previous employer involved somehow. Even a school I returned to for a second year and finished with a good relationship had to step in January to allow a new school to hire me. I left China in 2015. I thought all I had to do was restart the process. No, not if you are previously employed.
If you want to do something that benefits you, why don't you promote the current school and get privates that way? Win win win situation. The only reason why you are hearing about university privates is that their hours are a lot less than language schools. They are sitting around doing nothing and have no language school to work with. If you are already working with a language school, you should be trying to expand their school.
My approach is to work actually with the public school system. Out of 40-50 students in each class, there are 1-3 who are good because their parents speak some English. Those students can be part of an advanced English program. You put in more hours, get more money, the parents pay the school you have your FEC with.
Authorities are happy, school gets more money, you get more money. Whining teachers will say, "Yea, but the school is getting a lot more money for you teaching them."
Well, which would you rather have? Another language school you are taking risks with to get 10% more money on and off (averaging (5%), the school 30% or the public school giving you a safe 7.5%, the school 50% and stable income? Yea, your employer is getting a bigger chunk of the pie off your back but it's at least legit. You're getting a place to stay or housing allowance, students without you campaigning, and additional students with additional income if you campaign off their back.
If you are going to risk it, again I ask why choose China with the lowest pay to do something you are already seeing as "illegal"? If you are going to do it, why not just get a 10 year tourist visa, make what you can until you are caught and then never return to China? Of course, I am being facetious here. Don't do that, but I really don't understand why people go to a foreign country so they can figure ways to survive on very little and then try to get a little more illegally. Not even McDonald's employees think this way.
Last edited by backtochina2017 on Tue Feb 21, 2017 7:17 pm; edited 2 times in total |
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backtochina2017
Joined: 28 Nov 2016
Posts: 123
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| Posted: Tue Feb 21, 2017 6:34 pm Post subject: |
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| The only possible benefit of the signed contract is it would in theory toast his butt too in the event 50 policemen show up to march you out. |
A contract has face saving value. One employer hired me for 14 months, but we mutually agreed to end things after I finished 13 months. The contract stated I would get airfare if I completed 12 months. They most likely forgot to change that part of the contract when they extended the contract length to get 2 more months. When I asked for the airfare money and he saw this part of the contract, he said, "Ok, I'll give you 85%."
Without that contract, a school would never have given me any airfare money. |
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