Job Discussion Forums

lanaluv · Joined: 15 Jun 2005 Posts: 21

I'm not a newcomer to China and I like the university I'm at now. My question is about my airfare reimbursement. My contract states:

[i]Party B shall beat the international travel expenses between China to (home country) by himself. Party A shall pay for Party B's travel expenses in China between the entry city and the place of work when he comes to China and that between the place of work and the exit city when he reutrns home upon the expiration of the term of his service. (If Party B works with Party A l year, then Party A shall pay Party B a return ticket international airfare once in every year.

Today I inquired whether half the airfare would be paid at the end of this semester or the total amount paid at the end of June. (Just a simple inquiry - doesn't really matter to me). I was surprized to learn the FAO's slant on the words "return ticket" - he interprets this as meaning a one way ticket to return to the home country. Thus, according to him, I would not be paid for my flight to China, only for the flight home.

A further "complication" arises because I purchased a one-year open return ticket before coming to China. I was told today that "the regulations of the university state that the FAO must buy the ticket home for the teacher."

The FAO then said that they like to "encourage teachers to stay for more than one year" and that if I were considering doing this, round trip airfare would be paid.

I pointed out that NONE of the above is mentioned in the contract, and that the term "return ticket" is universally understood to mean the same as "round trip ticket." I also pointed out that my contract clearly states that I am employed for one year or two semesters; nothing was ever said about my staying longer. At the close of our discussion, the FAO said that he "would see what he could do for me."

Does anyone have any thoughts or advice on this matter?

Spiderman Too · Posted: Tue Dec 13, 2005 1:49 pm Post subject:

The contract clause is ambiguous in a number of ways.

It makes no reference to the cost of traveling FROM your home country TO China; which doesn't help your cause.

It states that you must bear the cost of traveling between (FROM) China TO your home country; which doesn't help your cause.

However, it does state that your employer will pay your return airfare if you work for 1 year. If that was, in fact, the limit of the statement then I would agree that your school is obligated to pay a one-way return ticket. In my opinion, the addition of the words "once every year" clearly implies that "return ticket international airfare" does, in fact mean a round-trip ticket because if they just paid you to go home you wouldn't be there any more (every) years.

Give them an inch and they will take a yard. I think this old saying truly applies to many Chinese employers. You have to play hard ball, but do it in a very polite, and face-saving (for them) manner.

I would go to the F.A.O. and say "I'm sorry but I misunderstood the contract. I thought that the school would reimburse me the money I have already paid for my return ticket. It's my mistake but now I have to correct the mistake. Therefore I cannot teach at the school next term and I will find a job at a school that will pay me the money I have already spent in buying my ticket".

As an alternative, tell the F.A.O. that you would like for him and you to visit the State Administration of Foreign Experts Affairs so that SAFEA can decide what the correct payment of airfares to you should be.

Be strong, or be screwed!

thepreferrednomenclature · Joined: 13 Jul 2005 Posts: 80 Location: Beijing, Chaoyang

Man, I'm really sorry lanaluv, I'm not sure the term "return ticket" is

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Yeah, I agree. Some contracts will state they will reimburse you for your RT air ticket (usually up to 8000rmb), while others will give you a "year end bonus" in lieu of a ticket reimbursement, while others (as it seems is stated in your contract) will buy you a one-way ticket home and that's it.

My school advertised a reimbursement of a RT ticket, but then when I went in to sign the contract, they "rectified" it by stating a one-way home should I no longer sign on next year, or a RT to return in September (plus another one-way at the end of the 2nd year). Since I get plenty of other perks, I didn't fight it, but you can be sure I'll be amending that come next contract, should I decide to stay.

You may be able to get them to pay for 1/2 your purchased ticket, but . . . ??? Let us know what happens.

Roger · Joined: 19 Jan 2003 Posts: 9138

It might be in your own interest to assume that the Chinese side didn't understand the English term "return ticket"; I do not feel they were trying to cheat you out of your dues. It is very common here to pay for a one-way ticket, i.e. for your trip back home, which the Chinese may consider a "return ticket".
In most cases, they pay in cash, sometimes a flat sum (RMB 5000 to 8000). Round trip fares are offered occasionally.

The one problem in your case that I do see is that you may have to accept a ticket rather than a reimbursement. Such regulations do exist in some schools. Can you weedle out cash rather than a slip of paper? It's worth trying.

If you fail in this attempt, you may have to cash the unused half of your round trip ticket - if that's possible...
Not quite sure why this regulation has been adopted by a number of employers of late; maybe, maybe it's to do with tax questions (if they pay your salary by bank, and your airfare is also remitted to you via your bank, then they would legally have to deduct tax, but if they paid it out in cash they chould avoid paying tax!).

lanaluv · Joined: 15 Jun 2005 Posts: 21

Thanks kindly for your replies. I have just located the SAFEA regulations online. Regulation #5 under "Other Compensations" states that "

(1) "For those foreign experts whose employment term exceeds one year (one academic year), the host institutions shall provide round trip economy air tickets for them and their spouses and one child under the age of 12 who live together with them during the employment term."

(2) "For those foreign esxperts whose employment term is of half a year (one semester), the host institutions shall provide them experts themselves with international single trip air tickets."

It seems clear to me (hope I'm right!) that Chinese law says I'm entitled to round trip (return) airfare reimbursement. What's your take on this?

tw · Joined: 04 Jun 2005 Posts: 3898

My current employer, a rather poor public college, can only afford to pay for one-way airfare upon the completion of a one-year contract. That was clearly stated in the online job ad and my American colleague has no problem with it at all. The way I see it, if the employer is good, then it shouldn't be too big of a deal to stay for two years. In the end, you don't lose anything unless you are planning on staying for another year with another employer and getting that employer to pay you round-trip airfare. If that was the case, then yes, you would lose a a full round-trip airfare.

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

lanaluv · Joined: 15 Jun 2005 Posts: 21

TW wrote:

The way I see it, if the employer is good, then it shouldn't be too big of a deal to stay for two years.

TW, everyone's circumstances are different; for some, including myself, it is indeed a big deal to stay for two years. Notwithstanding, the issue of staying for two years is not mentioned in the contract.

therock · Joined: 31 Jul 2005 Posts: 1266 Location: China

lanaluv,

Where did you find the SAFEA regulations online??

I think sharing that would help a lot of people.

lanaluv · Joined: 15 Jun 2005 Posts: 21

Go to www.china-tesol.com to find the SAFEA Guide for Foreign Experts. Lots of interesting information there.

At present, I am waiting to hear from my FAO. I have not yet shown him the regulations, but if they will not reimburse the fare, I will. I'll let you know the outcome.