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SAFEA contract intolerable- What do you think?
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kev7161



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

PostPosted: Fri Apr 28, 2006 10:11 am    Post subject: Reply with quote

Asking questions here at Dave's can often glean invaluable advice, but also ask some of these same questions to the school in which you are interested. Can you be paid extra for this and that? If you have them specify it in your contract. Have you seen the listings lately for schools looking for FTs? There are SO MANY out there in Chinaland. You don't have to "settle" for that first, low-paying one you come across. Generally, extra duties should a) be specified in your contract as part of your salaried job requirements or, if not, then b) be considered "overtime" and your OT pay should be specified in your contract.

I've gone on about my nice school where I currently work but . . . last October, I was approached to give some sort of speech/presentation for an English festival or whatever they were calling it. Nevermind that I have practically NOTHING to do with the student body of this school beyond my 25 little ones. I asked how much I'd be paid for this presentation and was told nothing. "Sorry," said I, "I'm much too busy with my own class to find time to do that." That was the end of that!

Get everything cleared upfront before taking a job . . . you'll be happier in the long run.
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vikdk



Joined: 25 Jun 2003
Posts: 1676

PostPosted: Fri Apr 28, 2006 10:27 am    Post subject: Reply with quote

KarenB quote
Quote:
However, I did hear about a kindergarten in Haikou that was in the habit of hiring FTs, and then, when their contract period was close to expiration, they would "fire" the teacher for a bunch of trumped-up charges, thus relieving themselves of the duty to pay airfare, and even having the gall to charge the FT the breach contract amount. Well, the first teacher involved in this actually paid the amount, but the 2nd teacher decided to stick up for her rights, and took the issue to the Hainan Dept. of Foreign Affairs for mediation (this is a right that all FTs in China have, though few realize it). Well, she won her case, the the government forced the school to pay her airfare and salary and all.

This is the kinda stuff we need a sticky on - how long did it take to sort this out, what are the costs, do you need a lawyer - please make me eat my scathing words about local contracts if we can realy use them to sort out serious differences with our employers, and use them as a legal binding document that are taken seriously in official arbitration.
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jester



Joined: 18 Apr 2006
Posts: 111

PostPosted: Fri Apr 28, 2006 10:32 am    Post subject: Reply with quote

I agree. Winning in cases like this needs to be shared here!!!
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tony lee



Joined: 03 Apr 2004
Posts: 79
Location: Australia

PostPosted: Sat Apr 29, 2006 2:14 am    Post subject: Reply with quote

One thing that may not be obvious is that the standard SAFEA contract covers only some basic "rights and responsibilities". The salary is included there but the space is blank and the negotiatedf amount is filled in. The law specifies minimum salaries but not actual salaries which do vary widely.

The contract mentions an appendix to the contract forming part of the contract and this is where the important negotiable stuff is set down. Things like vacations, teaching load, airfare policy and accommodation can all be spelled out in the appendix.
A school that does not include an appendix is either inexperienced with FTs or trying something on.

Main problem is contracts in China spell out only very general intents and as is the case with Chineses Law itself, the problems come about when the contract has to be interpreted. Making sure the appendix is sufficiently comprehensive - without going silly about it -- and bringing hard copies of all negotiation emails is usually sufficient to keep things under control.

Problems do arise usually because a FT is not aware that some practices are common but have not experienced them themselves so do not think to ask the right questions. An example would be the common 6th floor walk-up apartment, or the requirement to teach on a remote campus with no compensation for three hours travel and sitting around all day to teach just one class.

Caveat emptor applies big time.

Tony
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