Job Discussion Forums

[njweatherdon]

Hey, I noticed other 'newbie' (I think) had posted a contract, so I was hoping some experienced characters might let me know what I should really be paying attention to. All in all, I think it looks OK, but what do I know? I assume that sending them a signed contract before I'm even in the country can be considered more of a statement of intent that I'm actually coming and everything is still negotiable. I'd like to think I've got a head on my shoulders, but showing up in Shanghai will be my first time in the country. I'd like to know how likely it is that I'll be hitting the streets looking for something better when I get there. I have a year left to go before the BA is done, no TESL/TESOL, but some ESL experience, lots of work in tourism and lots of work with kids, so they're fine with that... maybe I should be happy to have something on the table already.

Is it likely that I will be paid during the one month holiday from mid-January to mid-February or should I ask them to be explicit about this? I'm quite willing to negotiate for anything that's actually reasonable to expect ... but I haven't got a clue what sort of extras schools are likely to give in on, and I'd rather not talk myself out of a job. Anyways, cheers for checking it out... will return the favour when I know what I'm talking about.

CONTRACT


I, Party A , ______________________ wishes to engage the service of Party B___________________ , as a full time English teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

II. The period of service will be from the 1s t day of September, 2006 to the 31st day of August, 2007.
III. The duties and obligations of Party A and Party B (see attached appendix)
IV. Party B�s monthly salary will be RMB5,500 (Five Thousand and Five Hundred Yuan RMB) for the first three months (probation period) and RMB6,000 (Six Thousand Yuan RMB)from the 4th month to the 6th month and RMB6,500 thereafter.
V. Party A�s Obligations
Party A shall introduce to Party B the laws, Decrees and relevant regulations enacted by the Chinese government, the Party A�s work system and regulations concerning administration of foreign experts.
Party A shall conduct direction, supervision and evaluation of Party B�s work.
Party A shall provide co-workers.
Party A shall pay Party B�s salary regularly by the month.
VII. Party B�s Obligations
Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal affairs.
Party B shall observe Party A�s work system and regulations concerning administration of foreign experts and shall accept Party A�s arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A�s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
Party B shall respect China�s religious policy, and shall not conduct religious activities incompatible with the status of an expert.
Party B shall respect the Chinese people�s moral standards and customs which include appropriate dress code and hairdos that befit a teacher�s station.
VIII. Both Parties should
Both Parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
The contract can be revised, canceled, or terminated with mutual consent. Before both parties
have reached an agreement, the contract should be strictly observed.
Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctor�s diagnosis, Party B cannot resume normal work after a continued 30 days sick leave.
Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(3) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(4) Party A has not paid Party B as scheduled.

VIII. Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$1,000 (or the equivalent in RMB). Three months� notice is required if either party wishes to terminate this contract before the agreed term. If less than three months� notice is tendered, then the party breaching the contract will have to pay the prorated balance of penalty (say if one month notice is given, then the party breaching the contract will have to pay US$330 for penalty). Notice have to be in written form and properly dated and delivered to the other party by hand.

If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A�s consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.
If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B�s return expenses; if Party A cancels the contract without valid reason, it should pay Party B�s return expenses and pay a breach penalty to Party B.

IX. The appendix of this contract is and inseparable part of the contract and has equal effect.

X. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.

Party B shall bear all expenses incurred when staying on after the contract expires.

XI. Arbitration
The two parties shall consult with each other and mediate any disputes that may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.

This Contract is signed in duplicate, this ____________ day of August 2006.

Party A Party B,



Appendix to Contract signed on this ____ day of August, 2006 between _______________________________, Party A, and ________________________ Party B.

The Duties and obligations of Party B
Perform the duties of an English Language Teacher for Party A. Assist in the organization and the promotion of its subsidiaries and affiliates as required from time to time aside from classroom teaching. Party B shall be asked to join in certain promotion activities during the course of the semester. Assisting in other related matters including daily class preparations are part of the duty of Party B. It is incumbent for all teachers to participate in routines and activities that would enhance the quality of teaching, activities include weekly meetings and teacher training sessions etc.

The Duties and obligations of Party A
Provide Party B a monthly salary of RMB5,500 during the first three months of probation and RMB6,000 from the 4th to the 6th months and RMB6,500 thereafter.. Weekly actual teaching hours will not exceed 25 hours, any hour that exceeds the total of 25 per week will be compensated by the payment of 80RMB an hour. The total working hours will be 40 weekly which includes working in the office preparing for lesson plans, consultation with fellow teachers, training and meetings etc.
Party B is entitled to two days off weekly. The two days off weekly might not fall on week ends. Party B is guaranteed a full day off out of the two days off weekly. However, the other day off can be a combination of two half days depending on the master scheduling.

Pay Party B a traveling allowance of RMB7,000 Yuan at the end of each of the 12 months cycle until the end of this contract if Party B fulfill all the terms and agreement in this contract.

Provide Party B with decent accommodation (studio or one bedroom apartment) with basic western facilities such as bath or shower, kitchen, air-conditioning.

Provide Party B, whilst on duty, one free working meal per day. Such meals will not be provided on holidays or vacation time.

Render necessary assistance, if required, to enable Party B to obtain entry to China to work under the provisions of this Agreement and in compliance with the laws and regulations of the Chinese authorities.
Coverage for Accident shall be provided for Party B. Application for coverage can only be processed upon the issuance of work visa and there will be a one month waiting period.

Holidays and Vacations

A bi-annual work calendar shall be provided by Party A to Party B for reference. It is important to keep in mind that last minute changes are common in daily operations, flexibility and acquiescence from Party B is absolutely necessary. There is a one month (30 days) vacation during Chinese New Year (i.e. Spring Festival) which usually comes between mid January and mid February of the Solar Calendar, which is used in the west. Party A observes all the public holidays as designated by the Chinese Government and concerned department. However, it is possible that the exact dates of certain public holidays might be rescheduled according to the general school calendar issued by Department of Education at certain time.

Signed by: Signed by:
Party A: Party B:


Comments?

Thanks!

[njweatherdon]

I'll take the lack of early replies as a sign that there isn't anything in particular to worry about with this document. Off a-signing and a-mailing I go...

[Super Mario]

This is the standard State contract, sent for your information and as a signal of intent. It isn't legal until its signed by both parties in the flesh, and stamped with the school seal. There will be a Chinese and an English version.
NB Any extra deals you may have struck with the school such as working hours, days off etc should be added to the contract at signing time: airfare as well. Also, you'll have needed to pass a medical and provided evidence of qualifications before a contract is valid.

[KidfromBrooklyn]

The contract time is stated as being from Sept. 1, 2006 to Aug. 31, 2007.

OK thats clear BUT the academic year ends with the end of June.

When is the teacher good to go?

[KidfromBrooklyn]

Is the time for National day holiday paid or unpaid?

and the time for Spring Festival Vacation paid or unpaid?

Those wannabe clever chinese laobans always say you will enjoy the same vacation time as stipulated by the chinese government.

BUT and it is a Big BUTT.....Do they pay you the same as a Chinese Teacher employed by the "Work Unit"? Which means that you should recieve a full months pay. (whatever amount you negotiated for) for every month the contract is in effect? Then don't forget medical care. Many teachers become ill in the adustment period between cultures. Are you provided the same conveniance as a Chinese employee of the "Work Unit?" Meaning that you go for treatment free of charge and are not docked for the time in healing.

[tw]

[KidfromBrooklyn]

A bit of background.

I have more than 10 years in country. A Chinese wife and two adopted sons who now are in Beijing and have joined the workforce of this great nation. I have taught at kindergardens, highschools one of which my son was a student. and Famous Chinese Universities. I constantly beat them at there own game by knowing what they are thinking. also made a ton of money on the realestate market in this booming market, and my houses here are far more beautiful than anything I could afford in my former western country.

Sun Tzu and the "Art of War" should be manditory reading for ANYONE (male or female) intending to teach or work in this country.

KNOW YOUR ENEMY

The Chinese for the most part are impatient, VERY Greedy, due to the Communist System of cradle to grave care and salaries, love to gamble, and distain a good days work. Well er because of the pay structure. Y2000 RMB if your lucky if you show up and put in the time. Albiet No incentive to produce.

Now to pay a foreigner more money than a Chinese is to loose face, sooooo they will nitpick you to death. Believe me they Chinese put new meaning to the term bean picker.

Be on your guard. Don't sign a contract from a position of weakness. Most of you are a product of some western University and should be proud of your education. Use it to learn all you can about living and working here. Learn from them as they learn from us. Its a two way street.

In closing all those with problems or questions who wish to discuss matters privatly e-mail me at my personal address.

God Bless you all and keep you safe. eh?