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organix
Joined: 18 Jun 2004 Posts: 149 Location: Shenzhen, China
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Posted: Mon Sep 13, 2004 6:00 am Post subject: Theyre breaking the contract rules! |
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My contract says 17 classes maximum per week. (4,000/month)
They started me out with 18, and I pointed out the problem. We agreed that I would accept an extra 400 per month.
Now, after revising the schedule, to accomodate time preferences for all foreign teachers, they have put a new schedule on my desk, including a 19th class. This was done without consulting me, and Im a bit offended about that.
The other foreign teachers earn 7,000. (I earn 4,000 because I came with the Shenzhen program which includes 70 recent graduates. were all in it for 4,000)
What should I do?
I really dont want to take on these extra classes for a measly 400 a piece, and I have the right to turn it down. I dont want the school bullying me around. I would accept up to 20 classes per week IF they gave me at least 6,000, or preferably 7,000 per month. But that would be a tough sell.
What should I do
what should I do? |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Mon Sep 13, 2004 8:24 am Post subject: |
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I don't see a big problem there, matey! My first advice: don't SHOW HOW OFFENDED YOU FEEL ABOUT THIS!!
Keep calm and ask them to put schedule changes on a signed piece of document, and negotiate extra pay! 400 for 4 extra hours a month sounds pretty reasonable, my friend; so now you get 800 more for two hours per week extra?
Are you with that U.S. Memphis programme thing? Well, your fault if you signed up for them, and it's their fault for helping the "poor" Shenzhen Chinese to get cheap immigrant labour for their understaffed schools; Shenzhen is one of the wealthiest municipalities. In my view, they should paythrough their nose for the English their spoilt citizens and kids get.
But you can't negotiate a better deal now that you have signed a contract. Stick it out, man! |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Mon Sep 13, 2004 11:48 am Post subject: |
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I posted my woes in another thread, but I'll briefly repeat here:
My contract states 18 periods per week, but I was scheduled for 19. I told them I'd take the 19th for an extra 150rmb per time I taught it each month. Instead of counteroffering, they just said "no". (OT here is a whopping 50rmb per extra period) So, I refused to teach it and made them either get another foreign teacher or cancel one of my periods. They dragged their heels as the 1st extra period was coming up. I asked if they decided which class gets canceled and was told I should choose. So, I chose a Senior 3 class whom I see only once a week. It is (mostly) filled with students from last year (around 15) who could've then cared less about my classes. They are all studying art or something.
Now, granted, the month of September and October are way convuluted due to two week-long holidays scheduled and I'll be working several OT hours (but not that 19th period), but the rest of the term looks pretty ironed out. I'll only be taking my 18 periods and that's the end of the story. I feel bad about dumping those students as I really do like them, but I think they won't be too unhappy. If they want to talk to me, they can visit me in my office.
Stick to your guns and do what makes you feel good, as long as you comply with your contract. |
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Lee_Odden

Joined: 22 Apr 2004 Posts: 172
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Posted: Mon Sep 13, 2004 12:07 pm Post subject: Re: Theyre breaking the contract rules! |
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organix wrote: |
I really dont want to take on these extra classes for a measly 400 a piece, and I have the right to turn it down. I dont want the school bullying me around. I would accept up to 20 classes per week IF they gave me at least 6,000, or preferably 7,000 per month. But that would be a tough sell.
What should I do
what should I do? |
Organix - Overtime is non-compulsory so there is no way for them to contractually force you to teach it. However, the 100 RMB per hour (standard fare for overtime) represents a major increase in your current rate; (4000 / (17 hours * 4.3 weeks) or 54 RMB per hour.
Do NOT be personally offended - this is how the Chinese do business with everyone. And, Roger is correct, do not show your annoyance - take it with a grain of salt. If you don't want the overtime, just graciously decline it saying you really didn't want to work more than 17 hours per week; you hope they understand.
It will be difficult for you to renegotiate your contract at this time because there is no benefit to the school to do so. With three hours of overtime, you are looking at 5290 RMB per month (assuming 3 hours * 4.3 weeks in an average month), given your basic rate. What incentive would they have for paying you an additional 700 to 1700 RMB per month (figuring the differences at 6,000 and 7,000 RMB for the 20 hours per week)? If they were desperate, i.e., they absolutely, positively needed you, and only you, to teach those three extra hours per week, for whatever reason, you could try to hold them up for it but that will cost you in other ways. Good luck, after that, in trying to get anything fixed or tended to in the apartment or, for that matter, in getting anything else that you might need in the future.
I think for now, you have little choice but to bite the bullet on the 4,000 RMB/17 hours and either accept or graciously decline the overtime at 100 RMB per hour.
PS. If you decide to work the overtime, what you can do is stipulate, in writing, that the two hours per week will be paid as overtime irrespective of total number of hours worked per week (check your contract to see if it says overtime is paid in excess of scheduled hours or worked hours - big difference. If your contract says overtime is paid for hours worked in excess of regular scheduled hours, then you are okay; if not, I would renegotiate that part. If the contract is silent on the issue, I would put it in writing). In this way, if there is some holiday which reduces the total number of hours you worked for that week, you will still be paid for the extra two hours. |
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lagerlout2006

Joined: 17 Sep 2003 Posts: 985
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Posted: Wed Sep 15, 2004 12:40 am Post subject: |
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Thanks for that Lee-odden...Last year whenever my students went on work exp. or had tests my "extras" --off campus at that-- were no longer considered OT. Teed me off. Negotiating scheduled hours is a nice diplomatic way around this..You learn something new every day... |
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Ludwig

Joined: 26 Apr 2004 Posts: 1096 Location: 22� 20' N, 114� 11' E
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Posted: Wed Sep 15, 2004 2:26 am Post subject: |
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If they do not adhere to the contract, simply rip it up in front of them, turn around, and walk away.
I do not know about you, but personally my signature means something and I always think very carefully before placing it on any piece of documentation. Why should they be able to treat it as if it were nothing simply because they have nothing? |
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organix
Joined: 18 Jun 2004 Posts: 149 Location: Shenzhen, China
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Posted: Wed Sep 15, 2004 4:55 am Post subject: |
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thanks to all of your for your replies.
perhaps i will try to negotiate a 20 hour week for 6,000 RMB. that will be 800 more than the projected 5,200. this STILL falls below the average of 7,000.
first my school scratched the 19th class, then they re-introduced it. so strange.
they are nice people. theyre fixing my internet, take care of apartment problems very well. my classes are even cut in half, and i share with another foreign teacher. (only 20-25 students per class!) which is a delight. handling 40-60 would be tough. so i am thankful for that.
i am serious about my job, i give the kids an entertaining, educational hour of english, and i am well confident in my abilities. to establish that reputation with my superiors could help matters a bit. ill see to it this afternoon. |
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Antaraaaa

Joined: 04 May 2004 Posts: 120 Location: Dublin, Ireland
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Posted: Wed Sep 15, 2004 7:03 am Post subject: |
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I am really curious about the contract. I hear on one hand..."it's meaningless"....yet, everyone seems so concerned about what it says, lol.
What is the bottom line??
I am in a weird position right now. I love my school. Seriously, i am treated well..the classroom conditions are wonderful, the textbooks are all right. My assistants are really nice people...and my accomodation is great too..even have my own computer in dorm with DSL. All included with my 5500 a month salary. However-24 hours is a lot.
I am just restless. I feel like moving on at the 6 month mark even though I signed for a year...(i didn't want to sign for a year. I was told by the (no longer here) school hirer that I could do 6 months. Then when I arrived, they told me I had to sign for a year in order to get the "Z". Now I know they were full of it, as a new teacher just signed for 6 months and he still got the red and green books). So...I know they are gonna burn me for the "unused portion " of the Visa...I figure about 3000 or so, plus anything else they can I am sure, as I know they will not want me leaving.
How can i sweeten this and handle it in as non-offensive a way as I can? I really like them!! I don't want us to be enemies. My contract has a lot of vague areas......seems it's pretty open to interpretation.
They just gave me my foreign experts stuff...the green and red book, but they are keeping the red book in their safe. Can I still leave if i had to? With just my passport and the green book? I still may stay, I am not totally sure of what I am doing....its just that I like to move on about every 6 months er so.
I am grateful for this experience. It's been a total win-win situation for me, I just don't want it to end on a terrible note. I suppose I could just wait the extra 6 months, but I feel resentful that I was lied to ...why did another teacher get to sign for 6??
Sigh....what to do, what to do.... |
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burnsie
Joined: 18 Aug 2004 Posts: 489 Location: Beijing
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Posted: Wed Sep 15, 2004 1:34 pm Post subject: |
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Antaraaaa wrote: |
I know they are gonna burn me for the "unused portion " of the Visa...I figure about 3000 or so, plus anything else they can I am sure, as I know they will not want me leaving. |
How did you come up with 3,000? My calculations would be half this. Visa & medical exam come to around 1,600. If you work only 6 months then you only have to reimburse them half of the money. |
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Antaraaaa

Joined: 04 May 2004 Posts: 120 Location: Dublin, Ireland
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Posted: Wed Sep 15, 2004 3:38 pm Post subject: |
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Hey Burnsie:)
Thanks for replying. I felt bad for hijacking this thread (sorry, I just got a carried away!)
Anyways, I was told that it was 1500 every 3 months...perhaps this is not the case? In any event , what will be will be. Maybe this restlessness will pass and I can just decide to bite the bullet and finish the year. I really DO like it here. The thing is, I detest not doing what I said I would....and even though they tricked me into this , I signed...... damn those crafty *beep*!
I am beginning to enjoy the body buzz this mental ping pong game is generating
kinda reminds me of my LSD laden youth.....
Cheers from somewhere deep inside the ESL CHINA universe
Ant |
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burnsie
Joined: 18 Aug 2004 Posts: 489 Location: Beijing
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Posted: Thu Sep 16, 2004 6:51 am Post subject: |
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Antaraaaa,
I just hope you enjoy winter sports as Harbin will get reallllllllllly cold!
At the end of the day the contract is not worth much as the chinese only deal with individuals and not do things as a business sense. If they are already breaking their word then you can re-negotiate at any time.
You really need a release letter from your employer to work again for another school but if you work outside of the province then there will probably be no problems.
My employer said I would be teaching business (at a higher pay) but I am teaching mostly bored teenagers and they are boring ME! |
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James_T_Kirk

Joined: 20 Sep 2003 Posts: 357 Location: Ten Forward
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Posted: Thu Sep 16, 2004 2:57 pm Post subject: |
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Quote: |
How can i sweeten this and handle it in as non-offensive a way as I can? I really like them!! I don't want us to be enemies. My contract has a lot of vague areas......seems it's pretty open to interpretation.
They just gave me my foreign experts stuff...the green and red book, but they are keeping the red book in their safe. Can I still leave if i had to? With just my passport and the green book? I still may stay, I am not totally sure of what I am doing....its just that I like to move on about every 6 months er so.
I am grateful for this experience. It's been a total win-win situation for me, I just don't want it to end on a terrible note. I suppose I could just wait the extra 6 months, but I feel resentful that I was lied to ...why did another teacher get to sign for 6??
Sigh....what to do, what to do.... |
I know I am in the minority here, but, IMHO, if you are not happy and want to leave the school, regardless of what it says in your contract, just do it. Don't tell anybody, just leave. Sure, you won't make any friends this way, and it definitely sets a terrible precedence for everyone else, but life is just too short to spend six months in a place where you will be unhappy. Besides, contracts in China are often a joke anyway. Yeah, I realize I am going to get flamed hardcore for giving you this advice, but it isn't like I am suggesting you get a divorce here, but merely break a contract with your school...a school that apparently lied to you in the first place.
Good luck,
Kirk |
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Antaraaaa

Joined: 04 May 2004 Posts: 120 Location: Dublin, Ireland
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Posted: Fri Sep 17, 2004 12:45 pm Post subject: |
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Hey! thanks a lot guys:)
Yes, I love cold weather actually...I am from Toronto! I adore skating and as far as weather goes, Harbin seems to be right up my alley.
Maybe you can come here for some winter fun Burnsie! Take yer mind off yer boring teenagers
And Kirk, thanks for your honesty. It actually helps to remember that I am never trapped, lol. However, I am going to take my time in deciding. I will let ya know!
Cheers and thanks:)
Ant.[/b] |
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lao hu
Joined: 17 Sep 2004 Posts: 11
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Posted: Mon Sep 20, 2004 7:18 pm Post subject: |
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If you've got a written contract, you're in pretty good shape. You can simply tell the school that they are in material breach of the contract and that all penalties apply -- meaning that you can quit immediately, collect the penalty payments, and go somewhere else. If they respond by saying "let's negotiate," you can hold out for 7,000 or whatever number you want, with resignation as your fall-back position.
You can also file a complaint with the local Foreign Affairs office, but that may not do much good and it certainly is tantamount to buring the bridge to any compromise settlement.
If you don't have a written contract, you're screwed and you should have never should have accepted the position in the first place. |
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Antaraaaa

Joined: 04 May 2004 Posts: 120 Location: Dublin, Ireland
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Posted: Sat Oct 09, 2004 4:23 am Post subject: |
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Dead thread I know, but in fairness to my school I wanted to update.
I asked to meet with my Boss to discuss the situation (6 month vs year) and he was TOTALLY COOL! He said it was no problem at all, that we were both misled by the former recruiter ( ) and that he will charge me no penalty should I wish to leave at 6 months. Funny thing is, I am still undecided, but it's so great to know I am not trapped.
I have been really lucky here.....they are good people. Perhaps it's because they are so new to being school owners (just over a year now), I don't know. After nearly 5 months of working for them, I can say they have treated me well. The kindnesses extended to me have far outweighed the trails, and were I to leave Harbin tomorrow, it would be with great memories.
My boss and his wife are relatively young (late 30's early 40's), perhaps this figures in how they deal with us?Whatever the case, I remain grateful. I read a lot of horror stories on here .
Cheers,
Ant. |
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