Job Discussion Forums

[GONZALVESB]

The school where I am teaching was supposed to close on July 15 but because of SARS they are now closing on June 20. On June 15 they told me that it was my last day of teaching for this term and that the students will now do revision and study for the exams. They are now only giving me half my monthly salary since I only taught for the first half of the month and will only give me my three weeks holiday salary after the holidays. My question is whether this is the way it is done in China, ie. is this the legal way or the Chinese cultural way of doing it?

[Roger]

I guess your contract does not specify the last school day, nor did you have a school calendar. I got a school calendar in my first school, and they followed that schedule to the T. But most schools are virtually 'open-ended', and what happened to you can happen anwhere.
I am afraid it is not unusual.

[Minhang Oz]

We've got a school calendar, but "because of SARS" we've had a week chopped off. As I'm contracted for two years, only the start and end dates are specified. My commitments actually finish today, and the plan was to stop paying me. I resisted initial violent and aggressive impulses, and wrote a polite and well worded letter to the responsible bean counter, had my salary reinstated, and got a 2000 rmb bonus for reminding them how hard I worked.
But yes, changes of this sort do happen. Consultation is unheard of, and no one ever complains.....except foreigners.

[yaco]

You must read your contract very carefully.

As I understand it you have a 12 month contract from February to February.

Normally you will get paid in full during the summer holidays unless otherwise specified in the contract.

I cannot see how they will not pay for the full month although you have stopped teaching. At many schools and colleges classes stop this week to allow time for examination preparation. At my school we all stop teaching today but all teachers are paid in full until the end of the month.

Is it possible you have already been paid the remaining two weeks salary for this month earlier. It is common for schools to pay 2 weeks in arrears and 2 weeks forward. At my school the teachers are given 6 weeks pay after the first month ( 2 weeks in advance ).

Check your pay slips ( if you receive them ).

[GONZALVESB]

Yaco, they did not pay me in advance. When I asked them why am I only being paid RMB2000.00, they told me it is because I have only been teaching until June 15. My contract also states that if it is not a whole month, the school will pay a daily salary of a thirtieth (1/30) of the monthly salary, but the point is that they cancelled the rest of the classes and that is why I think I should still be paid a full months salary. My contract states that I am employed from 20 December 2003 until 31 December 2003. My other question was, is it normal for the school to pay your holiday money after the holidays?

[gerard]

To the last ? YES---I have heard people get paid after holidays. Fair enough since a lot perhaps change their minds and don't return...Also don't forget that for many we had to work through the legal May holiday so that should be added on somehow..

[GONZALVESB]

I worked through the May Day holiday, which would have been a week long holiday and did not receive anything extra for doing that.

[Roger]

It seems, GONZALESB, you run into an inordinate amount of bad luck with your employer! No, I believe it, and I mean it. It just is possible you are with a newcomer to the TEFL scene, or an experienced one that cares not one iota about your wellbeing. Anyway, since they did not terminate you, what are you planning to do?
It might be the time to shop around for a better situation!

[Minhang Oz]

Yes, it seems like you are being shafted in a major way, and you must act or you'll set a precedent. In my previous posting I suggested a polite, detailed letter, with a mention of contractual liability in there. Last summer my school didn't pay salary over the summer [they'd omitted to add an exclusion clause to the contract]. A quick, free, legal opinion, mention of this to the school, and hey, presto! This year there IS an exclusion clause, but teachers with more than one year at the school get an 8000 bonus.

Meanwhile, explore your employment options.

[GONZALVESB]

Yes, I realize that I am dealing with a...les here in a major way. Remember my first posting..???? and I was told that I do not know that I am being cheated yet, especially the comment by Arioch that I was complaining. Well, I realized it then already but gave them the benefit of the doubt but they have now really shown me they don't give a shit about me or how hard I have been working. I will not even bother writing them a letter. I will politely just leave during the summer holiday. They still had the audacity to ask me if I would be prepared to teach during my summer holidays. Needless to say, I am not interested.

Yes, I also have been shopping around. Had a few people calling me and saying that they are interested in employing me but nothing definite has come up. I have a contract now from 'The Affiliated High School of Peking University Henan Branch', do anybody know anything about this school? They are offering 5000.00 rmb for 20 classes per week and since I only six months experience, it is good. I also have to sit down and go through this contract step by step. I guess I should request that they stipulate the exact periods of working per term, so that I know exactly until when I should be paid. I would also prefer a warmer climate than the north of China.

[arioch36]

Warn us all, which school is trying to do this? For something like this, the provincial government educational bureau (true waiban)would often be the place to go. One call from them to your school can OFTEN take care of such things. They are the people legally responsible for you. If your school hired you legally, they have the legal obligation to give your problem to the waiban, but you might want to find the building on your own as well.

I'm sorry you think it is my fault. I never suggested staying five months, I suggested giving them a couple of weeks...if you read my posting. Also, such problems, unfortunately, are quite common..in every country

[GONZALVESB]

No, I am not saying it is your fault, Arioch. I was unhappy that you felt I was complaining. You rightfully pointed out that one should do your research before taking on something like this and I must admit, I did not do ANY research. So, I am learning quite fast. Thanx to this forum and all the people who are so willing to give advice. I must also point out that not all FEs are prepared to give advice. I had a few offers from some schools and emailed other FEs at the school asking questions about the school and living conditions and never received any response. So, thank you for all the advice posted on this forum.

I have called the Department of Labour after not getting any real help or assistance from the Foreign Affairs office for this town. The FA often responds with 'there is no document enforcing how the school should pay the FE or when they should pay them'. I have also learned that you cannot trust the FA, since the other FE at this school left shortly after I started here and when I went for my FE certificate, they were discussing him and how often he complained and it seemed as if it was a real joke and they were having a good laugh about it.

Someone at the Department of Labour is trying to assist me but his English is not very good but like I said it does not matter because I really don't want to stay at this school. However, I do feel that something should be done so that other FEs don't have to go through the same thing. There should be some government organisation that should protect FEs in this country. I feel the Chinese should not be allowed to get away with this. I am also not asking for anything out of the ordinary, I am just asking for what I rightfully deserve. I surely don't deserve what I am getting now. We are offering them a service which they need and I don't see why they should treat us like this.

By the way, the name of the school is Tangshan Teachers College, Yutian Branch, Yutian.

[arioch36]

i am sure every province in China is different.

My school was going to send me back to New York City, not Albany New York or Boston ( which are closer to my home). They were also going to pay me about 2,000 less then what I paid to come here. It got caught up with the fine wording differences of the contract in English versus Chinese. I told them I don't care what the contract said, use common sense. I had a Chinese friend call up the provincial education bureau, who called the school, the next day the school was so lovey-dovey. No problems. I know some other teachers who were helped in this way.

I did need someone who spoke Chinese, though. And every situation is bound to be different.