Job Discussion Forums

[Andee]

hey so heres another for yah guys, i think it sounds much better the pay is better with less hours, again there is a probation period i cant seem to get away from it, but i think i can deal with that....can you tell me something bout this one...good or bad? i deleted the name of the school and what not, and its located in harbin cause thats where i kinda wanna go



Foreign Teacher�s Contract of Employment

This contract is entered between the employer, , and the employee, ________________________ on the _____ day of ______, 20____.
The employer shall employ _________________, as an English teacher. Both parties shall abide by the following terms set forth below.

1. This contract shall be initiated from ________________ for a period of one year to facilitate the employer�s application of a Chinese working permit.
2. The employer maintains the rights to increase or decrease the number of classes, modify the curriculum, or alter the teaching schedule or the office hours of the employee in accordance with the quality and cooperation of the employee.
3. The contract shall begin with a 60-day probation period during which either the employer or employee may terminate the contract. If the employer terminates the contract the employer shall reimburse the employee�s transportation cost (back to the place where the foreign teacher came from before he/she came to Harbin for the position at Joy). In this case the employer allows the employee to remain in the employee�s residence for up to 10 days. But the employer will cease to pay the employee from the date of contract termination. If the employee was hired through the use of a recruiter, and fails the probation period, the employer is not responsible for reimbursing the employee�s transportation cost. If the employee wishes to terminate the contract, they must give two weeks written notice. And the employer will not cover any of the employee�s transportation cost.
4. Unless approved by the employer, the employee will not be allowed to take on paid work outside of the place of employment. If the employee fails to follow this accord, the employee shall take full legal responsibility and pay any costs incurred from the cancellation of the Chinese work permit.
5. In the case that the employee violates the laws of China, the employee shall be responsible for the compensation of all damages sustained by the employer resulting from the deportation or criminal punishment of the employee.
6. The employee attests that all information given to the school regarding personal data and education qualifications is accurate and true.
7. The employee shall participate in all evaluations conducted by the employer. If the employee fails two evaluations during the contracted period of time, the employer retains the right to terminate the contract.
8. The employer retains the right to terminate the contract if the employee repeatedly violates school policy such as class lateness and absences, inadequate class preparations, or inappropriate work-place behavior.
9. Aside from teaching, the employee is responsible for attending and participating in workshops, school promotions and other activities in and outside of the schools. When required, the employee is expected to give training to the Chinese teachers. Training hours given to Chinese teachers will be calculated as regular teaching hours.

SALARY
1. The employee shall be paid 6000RMB/month (Probation Period) and rising up to 6500RMB/month from the 3rd to 6th month and 7000RMB/month from 7th month to the end of the contract term for teaching 80 hours per month and 4 office hours a week.
2. Salary is paid monthly on the 11th of each month for the work done of last month.
3. The employee has the right to refuse new hours if his/her workload has reached or exceeded 80 teaching hours per month. If the employee agrees to teach more than 80 hours per month, he/she shall be paid 80RMB for every hour over 80.
4. If the employee is working less than 80 hours a month (office hours are not included), the employer may assign outside work or other various teaching-related tasks until the employee�s hours reach 20 per week. The employee cannot refuse to work in these cases.
CONTRACT EXTENSION
The employee will get a rise of 500RMB for each 6 months� contract extension to a ceiling of 9000RMB per month.

VACATION
During the one-year contract term, there are four major holidays: Spring Festival, Labor Day Holiday, Joy�s Summer Holiday, and National Day Holiday. Each holiday, depending on the Chinese government, is roughly between one and two weeks. Relative to the date the contract is initiated, the first two holidays will be unpaid and the final two holidays will be paid.
ACCOMODATION
1. The employer shall offer a furnished apartment with appropriate appliances. They will include a washing machine, television with a DVD player, microwave oven, refrigerator, rice cooker, water dispenser, and a telephone with free local calls. The employer shall pay for all utility bills. Repair and maintenance costs shall be the responsibility of the employee.
2. The employer will take 1000RMB from the first pay of the employee as a deposit for possible breakage of the facilities in the apartment. If no breakage is found and no facility is lost, the deposit will be returned to the employee after the completion of the contract.
AIRFARE REIMBURSEMENT
Following the completion of a one-year contract, the employer shall pay the employee 9000RMB as airfare reimbursement. The employee who extends the contract will get 4500RMB as airfare reimbursement after the completion of each extension (6 months).
CONTRACT TERMINATION
This contract shall automatically terminate upon contract expiration. Both parties shall enter into a new contract if both parties agree to do so.
The employee shall notify the employer in written form of his/her willingness to renew or not renew a contract at least sixty (60) days prior to the expiration of the current contract. The employer shall do the same.
If the employee fails to perform the terms set forth, the employer reserves the right to withhold up to 10,000RMB, refuse all remaining bonuses, including airfare, and cancel the employee�s work permit.
Both parties are expected to read and agree with the terms set forth in the attached Appendix A (Foreign Teacher Instructions).
Anything not included in the contract shall be practiced in accordance with the rules and regulations of the People�s Republic of China.
This contract is in duplicate. Each party holds one with equal legal effect.

[Don McChesney]

Note there is no offer of medical and accident insurance, no computer or internet access in the apartment, and check that 'appropriate appliances' includes a stove. There are no specific working days shown, ie you could be working 7 days a week, in little bits.
Clear up if you get transport fees if you have to work in other places.

[Roger]

I noted with disappointment that they do not make it clear enough what legal status you are going to enjoy; they mention a "work permit" when you in fact need a RESIDENT'S PERMIT sticker put in your passport.
I am suspicious here: do they have the legal right to hire you? You can ask them whether they have the relevant LICENCE (which they obtain, I suppose, from the Labour Bureau).

The first few clauses are somewhat wishiwashi giving them a mountain of pretects under which they can dispose of you at your expense. Also the day of salary payment is pretty late; this means you have to meet your own liabilities possibly 2 weeks before your dues come in! It also gives them enormous leeway in dismissing you before you can claim your pay!

I am not saying they are bogus but I am a tad sceptical in this case!

[YearOfTheDog]

By reading the contract I am assuming it is a Joy school that sent you the contract....

If it is by chance, HengFeng Foreign Languages School in Harbin. Don't go and but the contract right now. They are known in the city to be a horrible school.

But in fact if it is a Joy school, there are post on here that speak highly of them.

[china_sk8er]

It is a Joy School contract.

[Keath]

I'm going to go out on a limb this once, but -

Are you by any chance looking at schools in the Huizhou area? IF SO - Avoid Huizhou EF and Joy School in Huizhou.. Run by same person and her husband.. Aviod..

Otherwise disregard.. ( Looks close enough like their contract I had to mention something.. )