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Is your school licensed or not????

 
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fluff



Joined: 29 Jan 2005
Posts: 32

PostPosted: Wed Jun 29, 2005 5:33 am    Post subject: Is your school licensed or not???? Reply with quote

How do you find out? Is there some kind of official list? If they're not licensed is it fairly common that the school might just pay off the authorities?

Also, whilst I'm here; I was looking at a contract that I had been offered the other day and it stated that if I terminated my contract within a year, regardless of whether I'd worked 1 months notice, then I would be fined anything between $500 and $2000. When I questioned this the school sent me a "Government" contract which said something similar, but not in such black and white terms. What is this all about? Needless to say I didn't sign the contract, which was with Mail English (formally Harvard School) in Wuhan. I was extra suspisious when they wouldn't give me the paper work to apply for my Z visa whilst I was in Hong Kong, prefering that I went all the way up to Wuhan only to go all the way back to Wuhan after a trail period - yeah right! Now I'm in Guangzhou with a L visa, not the best course I know, but Hong Kong was getting too expensive and this email job hunt seems to involve a lot of back and forth correspondense and con-artists. Any advice on my best course of action from here would be appreciated. Does anybody know of any decent Summer classes that willl see me through to next term? What's the visa situation like with these?

I'd better get back on the phone; really, how do you weed out the good from the bad?
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Wed Jun 29, 2005 5:39 am    Post subject: Re: Is your school licensed or not???? Reply with quote

fluff wrote:
How do you find out? Is there some kind of official list? If they're not licensed is it fairly common that the school might just pay off the authorities?


Any school that wants to be licensed to hire FT's must have been operating for a minimum of 1 year or close to a year (with some guanxi 10 months sometimes can be enough).

You can also ask them to take a photo of their license certificate for hiring FT's like the one at www.dltcedu.org/zhengshu/waijiao.asp or if the school is also in your city, ask them to show you their license when you are in the school.

P.S. Please delete your other duplicate posts.
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Wed Jun 29, 2005 5:41 am    Post subject: Reply with quote

I know that at least for Jiangsu there is website that has listings of all the schools that can legally employ FT's. Sorry I can't find the website right now and I'm in rush, google it maybe. I'm not sure if every province has these.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Wed Jun 29, 2005 5:48 am    Post subject: Reply with quote

You might want to ask them if their other FTs have work visas, and how these work visas were issued (in Wuhan or in Hong Kong).

It is standard practice in China to exhibit business licences; you should ask them if their licence has been approved by both the Education Bureau of the locality and the PSB (the latter for the approving for employment of FTs). The Labour Bureau also will have to have okayed it.

As for penalties, I don't know why you should object to it; this is normal and in the case of schools absolutely needed to maintain a modicum of continuity.
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fluff



Joined: 29 Jan 2005
Posts: 32

PostPosted: Wed Jun 29, 2005 6:15 am    Post subject: Reply with quote

But Roger, is it proper practice to say that you are in breach of contract when you work your 1 months notice? What about demanding all expenses back if they ask you to leave giving only 1 weeks notice during the probationary period? I guess the best way is to speak to other teachers, but as none of them were renewing their contracts I can only assume that it wasn't great, although, as my boyfriend always says: "Never assume anything!"
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Midlothian Mapleheart



Joined: 26 May 2005
Posts: 623
Location: Elsewhere

PostPosted: Wed Jun 29, 2005 6:39 am    Post subject: Reply with quote

Edited to remove offensive content.

Middy


Last edited by Midlothian Mapleheart on Mon May 29, 2006 8:33 am; edited 1 time in total
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Wed Jun 29, 2005 7:08 am    Post subject: Reply with quote

I have never seen one of these clauses take effect..remember to force you to pay they would have to request a court to put hold on your passport and not allow you out of the country untill resolution is passed. Un likely...but possible. The truth of the matter is that if you are leaving country there is little to be done and if you are going to another location in China it will depend on the paperwork requirements of the new city and wheither the new Residence Permit registration is working like the authorities want to help them with the tracking of foreigners and the payment of foreigner earned income taxes.
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gulam2



Joined: 19 May 2005
Posts: 137

PostPosted: Wed Jun 29, 2005 7:43 am    Post subject: Reply with quote

There is an official "legal schools" list.
It is called the SAFEA and is both National and Provincial.
There is A SAFEA web site which tells you that there are about
10.000 legal schools in China (ie. can hire FTs)

English World Club in Tongliao is not one of them.

Some teachers "Depart without notice" to avoid paying the breach penalty.

Some schools, like the above. fire you for no reason dont pay you the money that they owe you - AND do not pay the breach penalty clause.
However as I have found out (to my cost) if the school is not legal then you as one of their employees has no legal standing.

With breach-of-contracts I beleive its best to negotiate with the employer
and come to a mutual agreement.

However I wish I had left English World Club earlier (without notice )
I would not have lost so much money.

Some of the bad reputations that FT get is because many just up and leave. Sometimes sadly they have no choice. Its a dilemna.
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gulam2



Joined: 19 May 2005
Posts: 137

PostPosted: Wed Jun 29, 2005 7:49 am    Post subject: Reply with quote

Forgot to mention.

Try LEC in Shanghai or Wenzhou for summer classes.
The work is hard but the pay is good.
Not a bad company. They dont cheat you.

You see I CAN say positive things about ex-employers !!!!
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tarzaninchina



Joined: 16 Aug 2004
Posts: 348
Location: World

PostPosted: Wed Jun 29, 2005 8:34 am    Post subject: Breech Clause Reply with quote

Always a good idea to have one of these and yes it's negotiable. The standard SAFEA contract will have between 500 and 2000 USD, although the law says whether it's paid in USD or the equivalent in RMB will be decided in arbitration. Also, if costs exceed the 2000USD limit, than the breeching party will pay more.

As for private schools, yeah all the things everyone has mentioned here about mis-application. One bad deed I've seen a private school do with the breech clause is, once you've all sorted and left the school, they'll charge you $2K USD for the termination-of-employment/reference letter that you'll need (unless your new boss has major guan xi in the PSB and/or education department).
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burnsie



Joined: 18 Aug 2004
Posts: 489
Location: Beijing

PostPosted: Wed Jun 29, 2005 8:36 am    Post subject: Reply with quote

Most schools are not registered. Out of the 2500 schools in Beijing only about 400-500 are registered. Usually the bigger they are the more likely they will be registered.

It is a common practice that teachers who have work visas for the smaller schools get them through using larger schools license & registration details. In other words you are registered to the big school and not the small school where you are working at.

At the end of the day contracts that are signed in China are not worth the paper they are written on. Don't trust them at all. Look beyond the contracts and into the school and see if you trust them or not.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Wed Jun 29, 2005 10:11 am    Post subject: Reply with quote

fluff wrote:
But Roger, is it proper practice to say that you are in breach of contract when you work your 1 months notice? What about demanding all expenses back if they ask you to leave giving only 1 weeks notice during the probationary period? I guess the best way is to speak to other teachers, but as none of them were renewing their contracts I can only assume that it wasn't great, although, as my boyfriend always says: "Never assume anything!"


Nice try, but who needs to quit their job one month before it is due to expire??? If you have an emergency I would say you can try, but you will have to overcome enormous institutional resistance and not a little machiavellianism; this is a golden opportunity for them to rip you off.
However nicely you negotiate with them they have the upper hand, and I for one am glad I never had to plead with such people to be reasonable and show a modicum of clemency or understanding for a poor laowai...
You won't get it in many cases.
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gulam2



Joined: 19 May 2005
Posts: 137

PostPosted: Thu Jun 30, 2005 12:36 am    Post subject: Reply with quote

website for SAFEA

www.safea.gov.cn

10, 000 registered school. (to employ FTs)

English World Club in Tongliao is NOT on that list
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Thu Jun 30, 2005 12:42 am    Post subject: Reply with quote

gulam2 wrote:
website for SAFEA

www.safea.gov.cn


SAFEA's English page has nothing more than an introduction of SAFEA and its functions.
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