Job Discussion Forums

[Meleefracas]

I researched Dave's site and found conflicting advice. Some say always sign and mail the contract before you leave home; others say never sign anything until you get to China and see the job/living conditions for yourself. Others are of the opinion that, even if you sign a contract before you leave home, it's not binding because it's not signed in China. Things seem to be constantly changing in China and I would be grateful for some expert opinions.

[NateM]

Well, some schools require you to "sign" the contract before you come. However, I believe that because the signed contract is usually faxed, and not mailed, it isn't really binding. The binding contract comes when both parties sign the contract, and that's usually in-country, to my knowledge.

[kev7161]

I would definitely urge you to request a copy of the contract IN FUll (appendix included) so you can give it a good once-over before you decide on any school. Then you can ask questions, request changes, etc. and see how easily the school will work with you.

[Alex_P]

Contractual law and contractual obligations are a relatively new thing in post-1949 China. In fact, the methods for arbitration of contractual disputes are constantly changing. Previously, the State Administration for Foreign Experts in Beijing hand a role in contract arbirtration involving staff from overseas resident in China. That role and that authority has since been delegated, almost relegated, to the provincial authorities and the process has thus changed considerably.

It is true that a contract should be signed by both parties and it is equally correct that a contract with only signature, when it is faxed, is not deemed as entered into. However, as Kevin pointed out, please read the fine print of the contract. Some contracts in China involving teachers state that they have the force of law when signed by Party B alone, etc., etc. I have personally seen such contracts and heard of problems that result therefrom.

Under no circumstances should you believe the contract verbatim. I have been in China for several years and it is only my current employer that is living up to all of the provisions of the contract and even more. Generally, the contract will make all kind of promises and you will have to fight tooth-and-nail to have many of them implemented. Thus, as a rule, I would suggest that you consider the contract a work-in-progress and not a finished product.

[englishgibson]

Contracts in China are a really new concept and many Chinese still look sceptical at the Contracts as well as have a tough time following them.
The larger operations or franchises do tend to pay more attention to it.
If you do not have a clear view of what school you are dealing with you might want to request other foreign academic staff members' (teachers' of the school) email contacts or even phone contacts. That might give you a better understanding of who you are dealing with. With regards to the legitimacy of your signed Contract as well as where you should sign it, THE CONTRACT HAS TO BE APPROVED BY THE FOREIGN AFAIRS OFFICE, WRITTEN IN TWO LANGUAGES (CHINESE-ENGLISH) AND SIGNED BY BOTH PARTIES IN PERSON.
If you are not in China, whatever you sign, fax or email shall be just a TENTATIVE AGREEMENT unless you have recieved express mail delivery with already signed Contract by your future employer and confirmed by the (local) Foreign Affairs Office. The Chinese Consulate might be of an assistance in that case.
Cooperating with the Foreign Affairs Office shall help you through out you Contract, if you have doubts in your future employer.
Should you sign an "unofficial" Contract? If your employer insists, if the pay/Contract is good, if you have little doubt about the job ..... I would go for it.
Cheers and Beers

[Roger]

You mustn't be so naive as to assume a Chinese contract has as much value as a contract signed in a western country by western-educated partners. It is more like a declaration of intent.
But if you do sign a contract with a Chinese employer while still at home you may feel more comfortable by the thought that you can apply for a work visa back there. Once they have sponsored your work visa and it has been granted by the Chinese consulate or embassy you are more or less safely under contract.
Whether you are going to like your school is as unpredictable as whether they are going to like you; it is tricky and risky for both sides. In any event, it is preferable to come to China in the safe knowledge a job is waiting for you; they will think twice about eating their own word given in the contract.

[Meleefracas]

Thanks for the helpful comments

I'm still in the 'once bitten, twice shy' stage about accepting any job offers, so I might give volunteering a try. Currently searching the internet for a good deal on this. Most companies seem to want the FT to pay them!