Job Discussion Forums

[Riddick]

I have taking out the school name. but would you sign a contract like this? and work in this school?



1During Party B�s employment at Qingdao Foreign Language School, Party B agrees to not teach any course or participate in any English-related activities outside of

2)Party B agrees to commit one year�s time to the duration of their employment at.

3)Party B agrees to commence employment on .

4)Party B agrees to commit 160 hours of work to Party A every month, of which the first 80 will be considered base hours and the second 80 will be considered overtime hours. Party A will compensate Party B with an additional 80 RMB for every overtime hour Party B works each month.

5)Party B agrees to accept all work hours within the 160 monthly hours limit. Work hours will include teaching English and participating in other school-related activities.

6)Additional work hours beyond 160 hours a month are to be arranged through the discussion of Party B and an authorized representative of Party A.

7)Both parties must mutually consent to the addition of work hours to Party B�s schedule beyond an initial 160 monthly hours.

8)Both Parties agree to observe the Chinese National Paid-Holidays arrangement in accordance with the Chinese Official Calendar.

9)Party B agrees to the release of their photograph or video image by Party A for promotional purposes.

10)Party A will compensate Party B with 4500 RMB every month upon satisfactory completion of one month�s employment.

11)Party A will provide Party B with free accommodation in an individual apartment..

12)Party A will process and maintain Party B�s work visa (in China) and Qingdao residence status while Party B is employed by Party A.

13)Party B agrees to accept all visa processing fees, Qingdao residence card fees and health examination fees.

14)Party B agrees not to violate local and national laws while they are employed by.

15)Party B agrees to abide by school regulations over the duration of their employment (School regulations can be found in Appendix A).

16)Both parties shall reserve the right to terminate this contract and their obligations herein if the second party does not abide by any of this contract�s included terms.

17)If one party is to terminate this contract on the basis of the second party�s failure to abide by contractual obligations, one month�s notice is required on both parties.

18)This contract and Party B�s duration of employment can be extended upon due date through the mutual consent of Party A and Party B.

19)The representative validating Party A�s adherence to this employment contract is Qingdao Foreign Language School�s headmaster,.

20)Both parties have read and fully understand this employment contract and its appendixes and further agree to abide by this employment contract and its appendixes upon signing.

Party A _____________________________________ Date _____________________


Party B _____________________________________ Date _____________________


Appendixes

Party A: Foreign Language School

Party B:
_______________________________________________________________________________

Appendix A: School Regulations

Proper Dress

Party B agrees to wear proper attire while working at

Business Secrets

Party B agrees to not disclose business secrets pertaining to teaching methods, student body and class sizes and management methods.


Absence Regulations

Offences

Class 1.If Party B is absent for five minutes of one class period without three days advance notice of absence and the Dean of Foreign Affairs� approval or without reasonable mitigating circumstances, Party A reserves the right to deduct 40 RMB from Party B�s monthly salary.

Class 2.If Party B is absent for 10 minutes of one class period without three days advance notice of absence and the Dean of Foreign Affairs� approval or without reasonable mitigating circumstances, Party A reserves the right to deduct 80 RMB from Party B�s monthly salary.

Class 3.If Party B is absent for one full 50 minute class period without three days advance notice of absence and the Dean of Foreign Affairs� approval or without reasonable mitigating circumstances, Party A reserves the right to deduct 300 RMB from Party B�s monthly salary.

Class 4.If Party B is absent for one full class without three days advance notice of absence and the Dean of Foreign Affairs� approval or without reasonable mitigating circumstances, Party A reserves the right to deduct 1000 RMB from Party B�s monthly salary and additionally reserves the right, with one month�s notice, to dismiss Party B from employment at Qingdao Foreign Language School.

Class 5. If Party B is absent for more than one full class without three days advance notice of absence and the Dean of Foreign Affairs� approval or without reasonable mitigating circumstances, Party A reserves the right to deduct 3000 RMB from Party B�s monthly salary and additionally reserves the right, with one month�s notice, to dismiss Party B from employment at Qingdao Foreign Language School.

Repeated Offences

If Party B commits a class 1 offence within two calendar weeks of any prior offence, Party A reserves the right to dismiss Party B from employment at Foreign Language School.

If Party B commits a class 2 offence within one calendar month of any prior offence, Party A reserves the right to dismiss Party B from employment at Foreign Language School.

If Party B commits a class 3 offence within two calendar months of any prior offence, Party A reserves the right to dismiss Party B from employment at Foreign Language School.

Regulations for Notification of Absence

Party B must submit a written request and receive autographed documentation of the Dean of Foreign Affairs� approval three days prior to the term of absence in order to commence a term of approved absence. Using exact dates and times, Party B must specify the period of their absence. Any absence before or after this period shall be deemed unapproved and therefore subject to the above absence-related penalties.

Party B may apply for an extension of absence. Using exact dates and times, Party B must specify the period of their extended absence and submit their written request no later than seven days before their expected period of extended absence.

Party B must receive autographed documentation of the Dean of Foreign Affairs� approval three days prior to the term of extended absence in order to commence a term of approved extended absence. Any absence after the specified period shall be deemed unapproved and therefore subject to the above absence-related penalties.

Party B shall not assume that application for absence or for an extension of absence will result in absolute approval.

Definition of reasonable mitigating circumstances

The term reasonable mitigating circumstances applies but is not limited to the following:

Sudden illness or injury of one day or less before Party B�s period of absence that is witnessed by one of staff or that is documented and autographed by a physician who is at that time practicing at an accredited medical institution. If feasible, Party B must immediately inform Party A of possible absence.

Chronic illness of more than one day before Party B�s period of absence that is witnessed by the Dean of Foreign Affairs or documented and autographed by a physician who is at that time practicing at an accredited medical institution. If feasible, Party B must immediately inform Party A of possible absence.

Any motor vehicle collision or malfunction not directly caused by Party B that affects Party B�s passage to. If feasible, after the collision or malfunction, Party B must immediately inform Party A of possible absence.

The Dean of Foreign Affairs reserves the right to decide what qualifies as a reasonable mitigating circumstance outside the bounds of the aforementioned definitions.

Pay Deductions for Approved Absence and Mitigating Circumstances

If a period of absence is approved by the Dean of Foreign Affairs or is mitigated by reasonable circumstances, Party A reserves the right to deduct the following amounts from Party B�s monthly salary: If Party B�s monthly work reaches or does not exceed 80 hours, 40 RMB will be deducted from Party B�s monthly salary for each hour of absence.

If Party B�s monthly work exceeds 80 hours, 80 RMB will be deducted from Party B�s monthly salary for each hour of absence.

[Stosskraft]

I think that the hours seem crazy for what the norm is in China. Also the base of 4500RMB is too low. Minium should be 5000RMb for about 20 TEACHING hours.

Get the school to specify the exact schedule. Hours in the class, prep time, meetings, placement test that sort of this. Request a copy of the schedule before hand and make sure that they specify the differences mentioned above.

Overtime in China is about 80 to 100 RMB per class/ anything over 20-22 hours should be considered overtime.

I would suggest asking them the questions I posted here,

http://www.eslcafe.com/forums/job/viewtopic.php?t=32310

It will make them answer in black and white, not this party a-b-c stuff (makes my head spin).

Also try posting this in the China forum for more opinions.

[RyanS]

10)Party A will compensate Party B with 4500 RMB every month upon satisfactory completion of one month�s employment.

How is satisfactory determined? The employer's personal feelings? Are they determined by the offenses? Not saying they will screw you, Just something to be watchful of.


I don't think this is a lot of money for 40 hours.

[Riddick]

I would like to thank you both for your reply on this matter.

My agent had to wait for this contract before she sent it to me because the school wanted to change some new rules before I sign it. But as I was reading it I didn't agree with the "Offences" & "Repeated Offences" to tell you the truth I have never seen a contract like this one!. I was also told I must share the three bedroom apartment in Qingdao with another couple.

The crazy thing is I have to work 160hours a month for just 4,500rmb I work 12hours a week now and get 4,100 not worth it for 400rmb more.

I don't know any of you guy's on here but I have never had to pay for visa processing fees, residence card fees, and health examination fees. "I was told it is something around 1,000rmb for this"

[Justin Trullinger]

Sign it?�! I could barely be bothered to read it!

But in any case, 160 unspecified hours, monthly, is a hell of a lot. It doesn't really say what they hours are- are those contact hours? YUCK. If they're total hours, that's more usual. (20-25 contact hours, admin, etc, totaling 40 a week...) But if they don't say, it could be anything.

Justin

[Riddick]

Hi Justin Trullinger.

Sign it. No way

It says Party B agrees to commit 160 hours of work to Party A every month, of which the first 80 will be considered base hours and the second 80 will be considered overtime hours.

Party B agrees to accept all work hours within the 160 monthly hours limit.

In other words they will screw you on pay if you don't work the 160hours a month.

[Chris_Crossley]

In my view, this contract is designed to make you their work slave. I have read all the terms and conditions thoroughly and I would never sign this contract - never. Here are a few reasons why:

[stil]

[Riddick]

I would like to say thank you to everyone that has replied to this posting. especially to you "Chris_Crossley" I just wanted to know if anyone on here would sign a contract like this.

I remember on dave's cafe there was a forum of where you can post any bad schools name or if you had problems with this school in the pass to warn other teachers but I can find it?