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Any questions? Yes, LOTS!

 
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Do you ask a lot of questions before signing a contract?
Yes, I always do, and I never sign a contract until all my questions are answered
82%
 82%  [ 14 ]
Yes, but just a few, and I don't particularly mind if they don't answer them all
17%
 17%  [ 3 ]
No, I hardly ever do, as I am usually happy with what the contract says
0%
 0%  [ 0 ]
No, never, because I am sure that the school has thought of everything
0%
 0%  [ 0 ]
Total Votes : 17

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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: Fri Dec 31, 2004 6:28 am    Post subject: Any questions? Yes, LOTS! Reply with quote

Dear All, Be They Newbies or Veterans,

Greetings! I'd like to share with you a few thoughts about questions you should ask if ever you want to make sure that you know exactly where you are if you want to start a new job and have a happy and, hopefully, trouble-free contract period.

Although I am not a newbie myself, since I do have three years of teaching experience in China by now, I know that sample contracts (if such they are) like the one I am reproducing below are, to me, nothing short of a joke, since they contain very little information and should start alarm bells proverbially going off.

Here is the so-called "sample contract" that I was sent just today for a public-sector high school "somewhere in China", which I shall refer to as YY, although the initials bear no relation whatsoever to the name of either the school or the place in which it is located. X X is, as you may guess, the foreign teacher (to-be).

Quote:
YY wishes to employ the services of X X as English teacher. Both parties agree to enter into the contract and fulfill their obligations as follows. This contract is valid for about one year from (Month Date Year) to (Month Date Year). X X will teach 20 lessons per week at YY. X X must complete any tasks required within these specified contract hours as scheduled. X X must get the permission of YY if he wants to teach extra classes out of school.

YY will provide free housing to X X during the time this contract is valid (see above).Free housing includes the payment of all utility bill,excluding telephone usage, for which X X must pay. Free meals in cafeteria will also be provided to X X, from Monday to Friday during the time this contract valid.
YY will pay X X the sum of 4000 RMB (25 classes for 5000 RMB) on time each month. Extra classes at weekends or holidays will be paid 70- 90 RMB per hour according to the number of the students.
YY will pay X X all the Chinese holidays except summer or winter holidays. YY will provide round-trip airfare(at most 8000 RMB for one year contract, 4000 RMB for a half year contract.)
YY will provide X X free internet access in the office. YY will also provide X X limited insurance for emergency .
Director of YY
(Name)
Signature


Needless to say, I was very surprised at this "sample contract". It was not even included as an attachment to an e-mail, but was put in as part of the main body. Newbies who may not have that much experience in the world of work may not be unduly fazed by the above words, yet there are so many questions which experienced people may think of that they would take up far more space than anyone might possibly imagine.

My reply to the school is below, though, as in the above, I have substituted the name of the school with YY.

I wrote:
Dear (Name),

Thank you for sending me the sample contract。 I still have some questions, which I would like to ask you。 Your answers to them would be greatly appreciated before I can make any final decision as to whether or not I would like to accept the terms and conditions of the contract。The first questions are based on clauses within the sample contract you sent me。

1. �X X will teach 20 lessons per week at YY. X X must complete any tasks required within these specified contract hours as scheduled。�

How long do these lessons last?The term �any� is, I feel, very vague。 Indeed,I would like to know exactly the sort of �tasks� that foreign teachers are asked to do。

2。 �X X must get the permission of YY if he wants to teach extra classes out of school.�

If permission is granted, are there any maximum hours of teaching outside the school that the foreign teachers are expected to observe, if any?How much money outside of school are foreign teachers allowed to earn without the risk of a pay reduction?

3. �YY will provide free housing to X X during the time this contract is valid. Free housing includes the payment of all utility bills, excluding telephone usage, for which X X must pay.�

Does the free housing include internet access?If not, where can I gain internet access outside of working hours, including weekends, without having to leave the school premises?Regarding the telephone, are local calls free?

4。 �Free meals in the cafeteria will also be provided to X X , from Monday to Friday, during the time this contract valid. �

How many meals are there per day?Does this include the evening meal?How can foreign teachers get meals during the weekend?

5. �YY will pay X X the sum of 4000 RMB (25 classes for 5000 RMB) on time each month. Extra classes at weekends or holidays will be paid 70- 90 RMB per hour according to the number of the students. �

On what day of the month is the salary paid?How is the salary paid (in cash or into a bank account or a mixture of both)? Can I be paid partly in foreign currency? Is the term �per hour� referring to a period of 60 (real) minutes?How many students must attend a weekend or holiday class in order for a foreign teacher to receive 90 RMB per hour?

6. �YY will pay X X all the Chinese holidays except summer or winter holidays.�

Why does the school not pay for these holidays if contracts are for one year?

7. "YY will provide X X free internet access in the office.�

Is the office open outside working hours in order for teachers to have internet access if they do not have any in their free apartments?

8. �YY will also provide X X limited insurance for emergency .�

I would like more details of this insurance policy。What is the maximum amount of cover? What does it cover?Does it cover all medical expenses in case of accident, hospitalisation or illness?How much of the medical expenses is the foreign teacher expected to pay?Will the teacher be reimbursed for all medical expenses,or only for essential treatment?

In addition to the above, I have other questions:
9.Would the school consider giving an increased amount of salary to a foreign teacher who already has three years of teaching experience in China including one year at a public-sector primary school?

10.What is the policy regarding absences from the school, both authorized and unauthorized? What are the penalties for unauthorized absences?How much notice must a teacher give for an intended absence for whatever reason? How many days per month is a teacher allowed to be absent without having the monthly salary partially reduced?Is a teacher allowed a certain number of days during the validity of the contract for personal leave?

11. Is there an end-of-contract bonus for a foreign teacher?If so, is it based upon performance, including students� test and exam results?

12. What other incentives are there for teachers?

13. Are the teachers expected to be involved in administration work and/or extra-curricular activities? If so, how many hours per week are there and what does the work/do the activities involve?Is there any extra pay for such work?If so, what is it per hour?

14. Do foreign teachers have Chinese assistant teachers in the classroom for all classes?

15. What materials do the teachers use in class? Are they published in China or are they imported from an English-speaking country?Can the teacher make and/or use any other materials, or must he or she only use what is provided by the school?

16.How much notice is a teacher required to give to the school if he or she wishes to terminate the contract early? Are there any financial penalties for leaving the school early?

17. If a teacher does not wish to accept the free accommodation provided by the school,will the school allow him or her to live off the school campus? If so,how much money per month will the teacher receive for payment towards rent?Will the teacher also receive any allowance for transportation to the school。 If so, how much per month is it?Will the teacher have to provide taxi receipts as proof of transportation?

18. If there is any dispute between the foreign teacher and the local management, which cannot be resolved within the school itself, can the foreign teacher go to a higher authority, such as the provincial education bureau, for the purposes of arbitration?

You may believe that I have quite a lot of questions to ask you, yet these are based upon three years of teaching experience in China, so I hope that you can understand that I consider them important � as well as the answers that I hope that you are ready to give me before I can give my final answer as to whether or not I wish to accept the terms of the contract.


Then comes the Yours Sincerely and my name bit.

I hope that you can see from my questions that the school provided a lot less information than it ought to have provided, and this is, to say the least, very worrying indeed, especially for Newbies who may otherwise be totally unaware of the kinds of questions that they should ask.

Reading fellow posters' comments of their experiences can, of course, be enormously helpful to Newbies and even Veterans in finding out exactly what schools are doing right, what they are doing wrong, and what they should be doing to make the foreign teacher's time at the school a happy one.

Since people are always wanting the best from the school, and not always getting it, it is important for everyone to make sure that they know how to probe schools who provide such vague information in pitiful amounts. Signing a contract without being absolutely sure of the rights of the foreign teacher can spell disaster.

So-called "verbal" contracts are themselves an absolute no-no. My wife told me that she read in a newspaper about a foreign teacher who was sworn to secrecy on a very high salary. As a result, at the end of the first (and last) month, the foreign teacher was horrified to discover the pay: a mere 2,500 RMB. That FT had been had for a great big sucker. With no written contract to go on, the FT could do absolutely nothing; it was his or her word against the word of the management. In any case, it was undoubtedly an illegal hire, so the PSB would not have known that the teacher was working there in the first place.

The moral of the story is: always have a written contract, and make sure that all your questions, queries and concerns are answered BEFORE you sign it. Once you do sign, you are accepting all the terms and conditions within it, and it is little use moaning and groaning because something happens that you had not thought of earlier. Not all schools have the best interests of the FT at heart.

The contract of my current school does have all the points listed in the questions in the long quote box, so it may not surprise you to know where I got my questions from in the first place. It does help to have a contract which spells out everything you need to know. "Forewarned is forearmed", as they say, and it can be tremendous helpful to know what you are getting into by asking the right questions.

At this time, I do not know when to expect any answers from the school I sent this long e-mail to. Since the New Year holiday is coming up, it may be several days before I receive a reply.

In the meantime, my fellow TEFLers, have a Happy New Year!

Chris Crossley
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timmo



Joined: 31 Mar 2004
Posts: 660

PostPosted: Fri Dec 31, 2004 9:26 am    Post subject: Reply with quote

Good post Chris, thx for your time and effort. All pertinent and useful points for the wide-eyed heading into China.
Thanks for all the fun this year, good luck to you and yours for next year.
Happy New Year.
China is not a place... its an attitude of mind. Laughing
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Fri Dec 31, 2004 10:18 am    Post subject: Reply with quote

Good points Chris.

Another point that needs to be addressed and which you forgot to ask your potential employer, is if you have a choice whether or not to accept overtime classes. Some schools require teachers to teach extra classes and you may not want to.
Also, how long are the holidays in which you don't get paid?

I also would never sign a contract without first talking to a current teacher who is working there. Never talk to them when they are the school because you never know who is listening to the conversation. Talk to the teacher at their house.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Fri Dec 31, 2004 10:26 pm    Post subject: Reply with quote

You have worked in China, yet you feel you must ask some questions that I find hard to understand. That is, you should already know the answers. Free locals calls, for example.

I would never ask the questions you did about teaching classes outside of the school. Ask other teachers, maybe, if you are moving there for the first time, or if this is a new area for you to live in, but don't ask your employer about stuff they ban in the contract.

Asking the employer where you can get internet access outside of working hours? Geez, if you don't know, ask later. This really can't be a serious consideration for taking the JOB.

How can foreigners get meals on weekends? Umm, how about cooking for yourself?

Asking what currency your salary is paid in. You are in a foreign land. Expect that country's currency.

Asking WHY the school doesn't pay for those holidays. A direct answer like this, after so many others, will have your resume in the garbage, I would think.

I think a single simple question about absences would suffice. Some ofc your other questions grill the potential employer so much that I would pass your resume on by if I were him. Sounds like you are NOT a newbie, or that you were one that got burned by a bad employer, and would be a real complainer at work.

Maybe it's me. Maybe this is acceptable in China.
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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: Sat Jan 01, 2005 4:21 am    Post subject: Direct questions? Sometimes, they need to be! Reply with quote

Glenski wrote:
Sounds like you are NOT a newbie, or that you were one that got burned by a bad employer, and would be a real complainer at work.


Hi, Glenski, and Happy New Year!

As I mentioned at the top of my original posting in this thread, I am certainly not a newbie, because I have been teaching in China for three years now. I am fortunate in that I never have been "burned" by a bad employer, because the contracts I have had over the years have been thorough, and so I never had any real cause for complaint over any aspects of the contracts.

However, I have known people who, despite signing these contracts, have been real complainers at work, although they were at the EF school I worked at for two years rather than at the primary school I have been working at since February 2004.

You say that I ask questions, to which I should already know the answers. Yes, of course, I know what the answers should be, including cooking for oneself at the weekend, but I am a lazy so-and-so, which is why I got married and have a mother-in-law to do all the cooking for me - ha, ha! Very Happy Very Happy Very Happy Very Happy

Anyway, the point of the original posting was to highlight what I consider the pathetically inadequate "contract" sent to me recently by a public-sector high school. You are an experienced TEFLer like me, Glenski - would YOU be satisfied with what I put in the first quote box as a contract?!

I would be very dissatisfied with this "effort", because it indicates to me that the school cannot be remotely serious about looking after its FTs properly. What I highlighted in the second quote box (the very long one) are questions that should be addressed in any contract without my having to ask them in the first place.

Yes, I suppose that if I were an employer faced with all these questions, I would undoubtedly bin the resume of the person asking on the grounds that he or she is a headache I could do without. I would much prefer someone who either asked no questions at all (what a mug!) or very few indeed and would be satisfied with whatever answer I would give.

All TEFLers, be they Newbies or Veterans, should have points relating to these questions already in the contract, so that potential employees should not have to ask so many questions. That was the whole point of my posting in the first place.

Many people do get badly burned by bad employers in TEFL - everyone knows that. Therefore, it is important that people have good contracts to start with in the first place in order to wave in employers' faces if necessary.

In the past, I have read fellow posters' comments about how directors of private language schools tried to twist teachers' arms by making them do things that were not in their contracts or else to dishonour them by not fulfilling any obligations that were, particularly with regard to salary and any reimbursements. Some had even threatened legal action with the signed contract as evidence, and the directors were forced to back down on whatever it was they were trying to do, including denying the teachers what was rightfully theirs in terms of money. Happily, I myself have never faced this situation, as I always got what I was due, including for overtime teaching.

I therefore did not have any axe to grind when I posted my list of questions in the first message on this thread, but I imagined myself in the shoes of someone who may not know what to expect when teaching (in China, anyway), and so may end up getting burned because the management of the school may decide the exploit the lack of details and vagueness contained within the text of the contract being offered.

Glenski wrote:
I would never ask the questions you did about teaching classes outside of the school. Ask other teachers, maybe, if you are moving there for the first time, or if this is a new area for you to live in, but don't ask your employer about stuff they ban in the contract.


I would not ask the school about teaching outside, either, but, if you re-read the first quote box in the original posting, it stated that "X X must get the permission" (sic) if the teacher wants to do this. If the school banned outside teaching outright, why would "permission" be even mentioned in the contract in the first place? If permission would be refused in the first place, the contract might as well SAY SO. Get my point?
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Ben Round de Bloc



Joined: 16 Jan 2003
Posts: 1946

PostPosted: Sat Jan 01, 2005 12:00 pm    Post subject: Reply with quote

Chris_Crossley wrote:
Do you ask a lot of questions before signing a contract?

At the private language schools where I worked, I never received contracts, so I guess the answer would be no. At my current university job, which I've had for about 9 years, each semester I get a new contract, which I receive near the end of the semester to which it applies. In other words, contracts where I now work are almost after-the-fact. Again, the answer is that I don't ask a lot of questions.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sat Jan 01, 2005 6:40 pm    Post subject: in Mexico Reply with quote

From my perspective over here in Mexico, I think it is important to ask at least some targeted questions. As it appears to be in China, Mexican language centers are also concerned about teaching outside the center. No school here will ever stop you outright from teaching privately or concurrently at another school, but they will set policy regarding how those activities could affect your employment. The biggest concern is always that you don't advertise or promote your private classes while on the school premises.

This gets trickier when working directly in companies. It is a common school sales rep nightmare to have a teacher try to snatch a contract out from under the school by offering a lower price. For those new to the scene, this is precisely why you see these types of clauses in contracts, weird as it may seem to you.

The questions you ask should always be intelligent ones.

"Can I ask the my (your)students if they would like private tutoring?" is a good start, but why not ask it more diplomatically?

"Does the school arrange private tutoring to its students? If a student asked me for private lessons outside the school, would this be permitted?"

I don't see how asking questions can be a bad thing. It's more the delivery and timing of the question that matters most.
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kev7161



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

PostPosted: Tue Jan 04, 2005 1:29 pm    Post subject: Reply with quote

See, there is a simple solution to the "Chinese contract" dilemma which I've suggested to my school:

Why can't a school put together a foreign teacher's manual? It could cover a lot of the basics such as class sizes, materials offered/needed, classroom code of conduct (for the teacher) and expectations. It could include answers to questions about meals, apartments, pay schedules, working outside the school, and the other 100 questions we all seem to have.

The basic contract could have, well, the basics. Number of periods per week, monthly salary, start date/end date, holiday pay, and a few other essentials - especially items that may change from teacher to teacher based on length of time at the school, job experience, education background and so forth. Then they could have a simple clause in the contract that reads something like:

"I have read and agree with the Foreign Teacher's manual provided. I have asked and received satisfactory answers to any questions I have had that was not covered in the manual or this contract." (FT's initials)

Although I won't be at this school next year, I offered to put together a manual such as this for future new teachers. But the thing is, I don't think many schools in China want to be thorough. We all know that things change around here with little to no notice. If we have a certain policy in black and white (and signed, stamped, and sealed) and then the school's flighty principal wants to change something, then their hands are tied . . . at least when it comes to the FTs.

Here is such an example when it comes to utilities here:

UTILITIES:
1. For the months of March, April, May, June, September, October, and November, the school will pay up to 200 units of electricity used by the FT. Any usage beyond the 200 will be deducted from the monthly salary at .70rmb per unit.

2. For the months of January, February, July, and August, the school will pay up to 300 units of electricity used by the FT. Any usage beyond the 300 will be deducted from the montly salary at .70rmb per unit.

3. Water for bathing and cleaning will be provided free of charge.

4. Bottled water will be provided free of charge. The FT will be provided with a coupon booklet. A coupon must be given to the security guard at the gate and water will be delivered later in the day or the following day. If you run out of coupons, another booklet will be provided. There is no limit on the drinking water you may request.

5. Internet is provided free of charge in your apartment. Currently, internet in China is not always reliable. Please call the FAO if your internet is not working.

6. Phone service is provided in each apartment, but the FT is responsible for purchasing his/her own phone cards to make local and long distance calls.

7. Please note that during the very hot days of summer and the very cold days of winter, Hangzhou has a rolling blackout policy: different parts of the city will have power cut for approx. 8 hours on a certain scheduled day (generally sometime between 9AM and 6PM). Our section of the city currently has _________ scheduled as our power-outage days (this is subject to change). When power goes out, the water supply also goes out, please put aside any water you may need for bathing, cleaning, or cooking during the power outage.

8. Propane gas: One tank of propane gas is provided for FTs during the course of the contract so the FT can cook in his/her apartment. If you need to order another tank, please contact the FAO. Your cost for a second tank is 50rmb. Generally, one to two tanks a year has been enough for most foreign teachers.

That's it! That's a page in the manual. It is comprehensive and covers almost every question when it comes to utilities and what the school does and does not provide. Every foreign teacher that receives a manual will not be surprised by the slow internet or the power outages or the other little things that we always have questions about or annoy us (by the way, the above list is what our school provides for us).

The manual could include a checklist of all furniture, electronics, linens, and cookware the school provides. It can be inventoried and initialled by the FT and the FAO. The school does have an addendum at the back of their contract but it is woefully inadequate. A manual with 10 to 15 pages of almost everything a new FT needs to know would be exceptionally helpful and would save a lot of ill will and complaints and miscommunications from both sides of the fence.
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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: Mon Jan 24, 2005 11:31 am    Post subject: No reply from YY school - what can you expect? Reply with quote

I wrote:
I do not know when to expect any answers from the school I sent this long e-mail to.


Now that 24 days have passed since I posted my original message, I can tell you that I have received absolutely NO reply whatsoever to my message, which detailed all of the questions in my message [of December 31, 2004], from the school. Quelle surprise!

This complete lack of communication on the part of that school reinforces my contention that they are not remotely serious about answering legitimate questions that expat teachers may have, even if the "contract" that the school has provided has exposed what amateurs they must have working there. As a result, anybody who accepts work there may find themselves in situations where these questions would have been answered.

All I will say about this school is that it is located in Jiangsu province and that it has the words "international school" in its title, though I think that this may be deceptive because I do not believe that it is an "International School" that teaches its students entirely in English according to the curriculum of a particular anglophone country like England. I believe that it is a run-of-the-mill Chinese middle and high school combined, and that the word "international" is being used to make itself more grand than it really is.

Well, you can fool some of the people some of the time, BUT .... Confused Confused Confused Confused
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