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Contracts- sign before or after coming?

 
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Itsme



Joined: 11 Aug 2004
Posts: 624
Location: Houston, TX

PostPosted: Tue Aug 17, 2004 2:47 am    Post subject: Contracts- sign before or after coming? Reply with quote

Hi all. I was wondering if the majority of you all signed your contracts and sent them back via e-mail or if you signed once you arrived. I would assume that the real contract is in both Chinese and English is that correct? So far the ones I have been sent are in English only.

Thanks for the advice so far!!

Dan
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Chris_Crossley



Joined: 26 Jun 2004
Posts: 1797
Location: Still in the centre of Furnace City, PRC, after eight years!!!

PostPosted: Tue Aug 17, 2004 4:16 am    Post subject: Contracts - sign before or after coming? Reply with quote

Before I left the UK for China, the umbrella organisation representing the school sent me a document via e-mail, which I could either sign physically and fax back or else use the computer to "sign" it and send back electronically. This was not the contract itself, but an "undertaking" to sign the contract after arrival, which I did, and I stayed at that school for two years.

I imagine that, unlike a contract, an "undertaking" is simply an indication that you will sign something legally binding at the appropriate time and place. After all, what if you arrive at the school and find that everything about it makes your flesh crawl?

If the school actually does send you a contract to sign as opposed to an "undertaking" to sign one, then the contract is legally binding. If you either don't arrive at all or else arrive but back out, you may find yourself in very hot water with the school, which may, for instance, not pay your air fare even if it says that the school will do so after your contract is complete.

That aforementioned umbrella organisation has contracts for foreign teachers only in English. However, my current school is a state-run primary school, so, not surprisingly, the contracts are both in English and Chinese, and both of them have equal validity in Chinese law.

Make sure that all the clauses in the contract take care of every single detail, such as:
1. flight fare reimbursement (is it all paid at the end, or is it a question of half after 6 months and the other half after the other 6?)
2. accommodation (is it free on campus, or do you have to pay rent to a landlord; if the latter, do you get financial help from the school?)
3. meals (are they provided free by the school or do you have to pay?)
4. visas (does the school pay for a working visa; if so, does the school want you to buy one before you leave your home country, or does it suggest coming in on a tourist visa instead?)
5. termination of contract (how much notice can you give if you want to quit or if they want to let you go?)
6. salary (is it gross or net, when and how do you get paid?)

All of these points, and more, are VITAL, because the terms of the contract are binding, and it can be very difficult, if not impossible, to ask for (or demand) any changes once you have signed on the dotted line. CHECK EVERYTHING in the contract, EVERY SINGLE DETAIL.

If you have questions, queries or even doubts, ASK your school for clarification. This is especially so if your school is in the private sector. There are many "bad" schools in China, judging by the comments which many of our fellow posters make both here and in other forums.

Good luck to you, Dan. Very Happy
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Louis



Joined: 02 Jan 2004
Posts: 275
Location: Beautiful Taiyuan

PostPosted: Tue Aug 17, 2004 1:21 pm    Post subject: Reply with quote

I would recommend being on-site to sign: it's a lot easier to push for more perks when the school has a real live foreigner in their office. Also, it gives you a chance to look around and see if you actually want to live there.

Also, like Chris said, assume nothing: get everything you want VERY SPECIFICALLY, IN WRITING. Costs nothing, saves headaches.
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burnsie



Joined: 18 Aug 2004
Posts: 489
Location: Beijing

PostPosted: Tue Aug 24, 2004 9:37 am    Post subject: Contracts - two parts Reply with quote

Something that many teachers are not aware of is that there are two contracts that need to be signed.

Including two parts, Standard contact plus an Appendix.The Standard Contract is the official contract issued and printed by The State Administration of Foreign Experts Affairs. This contract is signed AFTER arriving in China and submitted to the Foreign Experts Bureau outlining duties, remuneration, period of service etc. It is submitted to the bureau for registration of the teacher and tax reasons.

The Appendix is probably the most important which outlines the terms, conditions, benefits of the employment. This document can be signed BEFORE OR AFTER arriving in China. This is usually written by the institution or school using the regulations and rules outlined by the Foreign Affairs Bureau.

The Standard Contract is usually only signed with registered schools so most teachers won't see this contract.

I am working on having this available on our website so people can see but it will take a while to finalise this. You can then see a Standard Contract and an Appendix contract. If people want to see it directly just email me.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Tue Aug 24, 2004 5:54 pm    Post subject: Reply with quote

Also, be aware that the appendix is sometimes not even given to the FT (or maybe not the full appendix) as happened to several of our FTs in my first year of teaching here. The appendix is where a lot of "meat" of the contract is found.
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