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Foreign Teacher's Rights in China?

 
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RichJud



Joined: 02 Feb 2005
Posts: 5
Location: Zhang Jia Kou, HeBei, China

PostPosted: Sun Nov 13, 2005 2:27 pm    Post subject: Foreign Teacher's Rights in China? Reply with quote

Hey everyone,

I was wondering if anyone out there knows whether or not there is a website or some form of contact that outlines the offical Chinese policy toward the professional treatment and rights of foreign teachers.

I know that the idea of worker rights in China seems laughable, but I know that there is at least a government bureau enforcing laws and overseeing the visa and permit process. Does anyone know about the laws governing public schools employing FT's or about the schools' obligations to honor clauses in contracts?....just curious.

My 1-year contract is about to end and I was wondering if there is any wiggle-room for renegotiation.
-Is there is a standard contract "package" that the government regulates?
-Can the schools be held to the fire if they don't deliver on the agreement?
-Who handles these kinds of disputes?

Any answers would be greatly appreciated.
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Neilhrd



Joined: 10 Jul 2005
Posts: 233
Location: Nanning, China

PostPosted: Sun Nov 13, 2005 3:58 pm    Post subject: You are on your own Reply with quote

There is no official body enforcing teacher's rights in China.

The Public Security Bureau deals with visas, residence permits etc but has nothing to do with contracts salaries etc.

All foreign language schools are supposed to be regulated by the provincial Education authority. But this is never enforced and the vast majority of private Chinese schools are unlicensed. They survive by bribing the officials to stay away. Foreign run schools are much more tightly controlled and sometimes regulated out of business.

Government run schools in China's mainstream education system require a license to employ foreign teachers. These are enforced and only a small number of schools in each city or County have them. How those schools are selected is a mystery. However there is no regulation of the foreign teachers salary, hours, qualifications etc.

In theory foreign teachers have access to the Chinese courts in cases of non payment, breaches of contract etc. But I have never heard of anyone using this successfully. There are no trade unions or professional bodies for teachers in China, foreign or Chinese, which is one of the reason the profession has so little influence over education policy and is generally so down trodden.

Basically you are on your own. But the good news is that demand for English learning is insatiable in China, the widely reported scams have put many people off working here and the Public Security Bureau in some provinces have started demanding proper qualifications before granting a
Z visa. This means that for those with qualifications and experience salaries are rising. My advice is go for it in negotiations.
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Spiderman Too



Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

PostPosted: Mon Nov 14, 2005 1:01 am    Post subject: Reply with quote

Quote:
Who can foreign experts turn to when they meet difficulties in work and life?

They can consult SAFEA and its entrusted local foreign affairs offices. They can give guidance on what organization to go to concerning a specific matters. The following websites have also proved to be useful in practice: www.safea.gov.cn for SAFEA, www.caiep.org for CAIEP and such local service websites as that in Beijing: www.ebeijing.gov.cn.
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andyscott84



Joined: 02 Nov 2005
Posts: 115

PostPosted: Mon Nov 14, 2005 1:56 am    Post subject: Reply with quote

Whenever I think about contracts in China I'm reminded of that line from Pirates Of The Carribean. "There more like guidelines..."

Though I think in most cases the problem doesn't lay with the school, it is more likely to come from an agency that hires the teacher for the school.

My school though even invented some new laws about foreign teachers. One being 'A foreign teacher is not allowed to live outside of school campus in an apartment.'

You've always got the clause in your contract that if they break any of the agreements then you can null the paper and get a large payment from them. If the school is really so bad that you want to do a runner like that then it won't matter if they give you that payment or not.
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stil



Joined: 23 Jun 2003
Posts: 259
Location: Hunan

PostPosted: Mon Nov 14, 2005 4:19 am    Post subject: Reply with quote

andyscott84 wrote:

You've always got the clause in your contract that if they break any of the agreements then you can null the paper and get a large payment from them.


Good luck getting that payment.

A couple of years ago, I remember asking my then boss about a clause in the contract stating that if either party broke the contract (determined by an arbitrator) there would be a $2000 fine. I was asking who exactly would determine this breach in contract and he replied "I don't know and it doesn't matter because you would never be able to collect it from the school." I liked his honesty and signed. He was a good boss.
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