Job Discussion Forums

sandinista445 · Joined: 30 Oct 2004 Posts: 136 Location: 世界

I'm considering a few contracts for public schools in China.
One offer that I'm seriously considering has a "breach of contract" clause that would fine either party USD $500-2000. Is this normal for a contract in China?

I'm not the kind of person who would bail out on a contract, but the clause is a little vague. It says that the school can terminate the contract and place the blame on the teacher (imposing the fine as well) if he/she fails in their obligations. Could this clause be used by the school to rip off teachers or by employers to terminate and then fine teachers without good reason? Anyone else come across this clause or have any experience with a "breach of contract" situation in China?

mlomker · Joined: 24 Mar 2005 Posts: 378

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

If I choose to work again in China (and believe it or not, I'm actually looking at a couple of places - - never say never!), then I will insist they add something like the following in my contract:

englishgibson · Joined: 09 Mar 2005 Posts: 4345

Kev, that is a great clause to be in the Contract, a fantastic idea to protect yourself from unscrupulous employers. Sandinista, it looks like that is a standard foreign office contract you are talking about. There are many kinds of contracts used by Chinese employers, but the one from the foreign affairs is the one that matters. That is the only officially recognized contract by the Chinese government, unless some employers are allowed to have their bull.... contracts approved by the foreign affairs. You might want to have the employer add a clause in your contract that has something like Kev is suggesting or something like "the more months that you accomplish with the school the lesser the breach penalty will be. So, if you happened to be dismissed ot decide to leave (due to your unforseeable reasons) on say the 9th or 10th month of your twelve month contract you will not have to pay 2,000 dollars, which is outragous.
Cheers and Beers

sandinista445 · Joined: 30 Oct 2004 Posts: 136 Location: 世界

Thanks for the suggestions. Having a clause like that would be a good idea.

Actually I've received two offers from two separate public schools, and only one of them has the breach of contract clause...The other just says that both parties should abide by the contract.

latefordinner · Joined: 19 Aug 2003 Posts: 973

Regardless of what may or may not be written in the contract, any given clause is no stronger than your ability to enforce compliance. If you're a young and contactless foreigner and the school has someone with even a passing aquaintance with a member of the local PSB, you can forget about actually holding an employer to anything in the contract. OTOH, you can expect to get screwed over the slightest misunderstanding, and no Chinese court will ever give you the benefit of the doubt. So why give the enemy ammunition to hit you with, given that you'll never be allowed to shoot back?

englishgibson · Joined: 09 Mar 2005 Posts: 4345

Hey Latefordinner person, I guess that your explanation casts a lot of darkness on sandinista's ideas about the Chinese Employment Contracts. It is not so "dark" everywhere in China as you might think. I have been working in China for almost four years. Once, I worked briefly under an Employment Contract (written by me) in a small town of Jianxi province and my Contract had a clause "salary on 25th of every month" or "else". The employer had loads of connections there. When my first salary was not coming on 26th 27th 28th, I submitted resignation with a week notice and went to the local Foreign Affairs Office to complain and ask for support with respect to my resignation. There was nothing that held me back there. I left "unharmed" one week after my sumbitted resignation. By the way, I got paid eventually and the FAO paid the school a visit too. This is my experience, and I do not know about others. It also happened three years ago and I understand that times change. I just do not believe that it is as "dark" everywhere as you think it is. Some FAOs might acually respect foreign academic staff more than you think, even though I do see your point well and the employers connections (depending on how strong they are) could allow them to manipulate their Contracts' points.
Cheers and beers

latefordinner · Joined: 19 Aug 2003 Posts: 973

Glad you had a positive experience, englishgibsonperson. Fortunately, it's not the first I've heard, and I hope it won't be the last. Unfortunately, the nature of teaching in China is such that the warm and fuzzy feel-good story is still a rarity.
The race is not always to the swift nor the battle to the strong. Come to think of it, neither are all schools out to get us. But until it pays to bet otherwise, I'd rather be a cynic than a sucker.

The Barbarian · Joined: 03 May 2005 Posts: 21

Kev7561, I can't believe my eyes, you wrote this (see below) and somebody actually agreed(!!) that you should put a clause in a Chinese schools contract that allows you to be observed and terminated on any subsequent grounds pecieved to exist by the school.

"If Party B continues to perform below Party A's standards, then Party A has the right to terminate Party B. If Party A fails to complete observances and evaluations as scheduled (twice each month), then Party A cannot terminate Party B and Party A would be considered in breach of contract."

Why not give em the gun, load it and show em where your tiny brain is so they can blow it out for you?

An unscrupulous school, a proportion of any countries schools, could write any number of lies if they wanted you out and then if the contract allowed it - fine you your airfare and any other breach of contract compensation legally owing to them.