Job Discussion Forums

shou · Joined: 22 Jun 2003 Posts: 4

Greeting all,
Two quick questions on contract. Is it normal practice to sign a contract with the school after arriving in China? If so, how can I ensure that the school will stick to the terms previously agreed upon (but not formalized in a signed document)?
I've been offered a position in a private school in Shanghai but the headhunter/ school is not very forthcoming when it comes to providing the terms of the contract. Should I insist on having the contract clarify and signed before coming over?

Minhang Oz · Joined: 23 Apr 2003 Posts: 610 Location: Shanghai,ex Guilin

Absolutely, otherwise the chances of being done over are considerable!
Insist that they reply satisfactorily to an email from you setting out the terms you require, and that they clearly acknowledge that these will be the terms of your contract. Bring the email with you. There's no shortage of jobs available in Shanghai, and they should know that.

Its common to sign a contract on site - I don't think a fax version is legal, but don't quote me

Roger · Joined: 19 Jan 2003 Posts: 9138

Request a specimen contract. YOu sign when you are face to face with your hirer, and that signature then will also be checked by the PSB that issues you a work visa. For a contract to be legal (and be approved by the PSB)_, certain minimum requirements must be met such as pay, airfare, housing benefits, work visa and related documents, health care, duration of contract.

arioch36 · Joined: 21 Jan 2003 Posts: 3589

Straight from the horse's mouth (provincial waiban). The first contract, even when you arrive, doesnot have to be a legal contract. The faxed contract is not binding, but can be used to show intent. After arriving you should sign the real contract.
BUT...if you find something wrong with the contract, you can make note that this is a preliminary document that needs further negotiation to be final, and then sign. This document would not be legally binding, and would need to be redone later. BUT>>>such a document would be sufficient for the school to use to get all yourworking and living papers.

Did I make that muddy? Fax...not legally binding, but enough to do the paper work for an invitation letter.
Upon arrival, if the contract has some problems, it can be signed as a proposal versus as a contract, and this will still be good enough to take care of your living and working permits

Henan

kathleen · Joined: 24 Apr 2003 Posts: 38 Location: Nanjing

I have always had my contract mailed to me with a letter from the Experts Bureau which allows you to get your visa here(in the US) Airmail from China should arrive in 5-10 days.

All extra details( furnished apartment, etc) can be in an email which is then attached to the main contract.

In my experience you should always be polite but firm with the Chinese, otherwise they will not respect you. They are tough business people, especially the ones running private schools. My close Chinese friends have admitted to me that "putting one over on somebody" is part of their culture.

Linda L. · Joined: 03 Jul 2003 Posts: 146

It really does not matter.

If your school is legit, they will honor their agreement, signed or not.

If your school is illegal or shady, the paper contract isn't worth the paper it is written on.

If you have an invitation letter you can come to China on an "F" visa and converty to "Z" once here. If you have a signed contract you can come on a "Z" visa.

Either way, your first experience in China will be your best chance to get ripped off but it will be a great learning experience. Most of the old hands here learned through an initial nightmare experience or two or three.