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Steppenwolf
Joined: 30 Jul 2006 Posts: 1769
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Posted: Tue Dec 12, 2006 3:36 pm Post subject: |
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Instead of nitpicking, some guys could do us all a big favour by detailing their misery and tragic experiences suffering under Chinese exploitation and willful contract breaches.
Really, what are we discussing now? Principled standpoints? I have made a beginning that could be used for numerical referenceing; how often have others been shafted in how many years?
I still maintain that the majority of my employers have treated me fairly albeit not handled with kids' gloves. I have also specified under what circumstances you are most likely to run into adversities. Now I would like those bickering souls to substantiate their anti-Chinese positions.
And once again, so long as I get paid I won't bad-mouth an employer who occasionally pays a few days late; I won't blame him if the landlord or the water company interrupt the water supply and I want make him responsible if power outages occur. Even if my contractual rights include 24 hour uninterrupted supply of these utilities, I won't call interruptions "breaches of contract". If others do I feel they are making pedantic and ill-adjusted fools of themselves. |
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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Wed Dec 13, 2006 1:41 am Post subject: |
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In the years that you have been here ..you have had to go into arbitration twice...by your own posting..I would think that this show how often a contract is broken..of all the years working in the west..I have never asked for employee mediation...but in a relatively short time..you have had the occasion twice...this is a good indication of how often contracts are broken.(and do you still maintain that it is usually the misunderstanding of the FT as to these disputes..) did you have two misunderstanding with your employers...hardley a climate of employer care that you paint...I mean if one with so much perseverance as you claim to have..ends up in mediation ..on two occasions..then the climate of the working culture must not be very contract conscious...
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What I do know is that I had success which means that it is possible for those who also want to make their employers accountable.
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The possibility of this is almost nil...and that is the most important point to make..and not to mislead folks into thinking that they can count of the authorities to protect them against bad employers not fulfilling contract...
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| That may be how you interpret the above but it is certainly not how I interpret it, and I am not sure as to why you feel that the court has to interpret it the same way as yourself either. |
Experience..have you ever tried to take an English Language contract into a court..as I have said before ..court procedure doesn't match up with contract law....
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The very fact that the law acknowledges that more than one language can be used in a contract and that each can be considered equally authentic seems to suggest to me that the law does give validity to contract languages other than Chinese.
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The only contract that we are concerned with here...is a teaching contract...and the likely hood of the court accepting the English language one over the Chinese one..is well ...Clark..I think even you would guess this answer...if there are discrepancies...which is where a problem may come up..the Chinese language is the one to rule..
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| Obviously if an employer signed a contract employing a teacher on a wage as stated in the English contract version, yet the Chinese contract version stated that the teacher was to work for free |
Now your just being foolish.....
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| The cook in your school has the right to help resolve a problem if both parties feel that he or she could help. In the same way anyone, including those at the PSB and the tax office, can help if both parties are willing and in need of that assistance. I am not sure why you would try to suggest otherwise. |
So your cook has the authorization and the authority to handle mediation for the Department of Labor...did you have your hearing next to the steamer...again don't be foolish...
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Perhaps you need to actually have a problem before you can get assistance for a problem. Perhaps you need to be more persuasive. Perhaps you were speaking to the wrong people. I don't know.
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This ...I am quite sure of....
now an important question..you have claimed that SAFEA is the govening body of the FTs....if so why would there be any other contract other than a SAFAE contract..if they are as you say....there would be no other contract honored by the court as no other agency has the right to issue non-SAFAE approved contract.....so the only contract acording to you that is legal is the SAFAE contract...and it does state that the Chinese language always represents the contractual wording... |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Wed Dec 13, 2006 5:23 am Post subject: |
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Gregor wrote -
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| vikdk, what you are describing is culture shock. And while it may not be a great idea to put a depressed individual in charge of a class, the teacher in question DID take the job and sign the contract, and it's the (adult) teacher's responsibility to uphold his or her word. |
kind of makes FT's sound like a burger-flipper - as long as the body can stand-up and is presentable then call it a teacher and send it to work.
You know Gregor there's a bit more to being a teacher - in normal circumstances a lot of training and education so the job will be done properly, which is the best way of ensuring a teacher can cope with the classroom situation. Just think back to the days when you were a school kid in a class being taught by a student teacher - the kind of shock we western kids hand out to these new-baked teachers is often something more akin to classroom shellshock - for some untrained FT's - first time in the classroom as a teacher - also trying to come to terms with the cultural/social shock of being a newbie in China - you can well realise the experience must be a personal hell!!!
But then again you can understand why these green recruits keep on trying this game, because after all folk like Gregor and Clark keep on encouraging them to take this job - telling them conditions are okay - and formal qualifications and experieneces aren't realy necessary! Advice which could well be likened to feeding immature imaginations into thinking of the often rather sordid underpaid job of China FT as some sort of jolly oriental adventure - and then when they get here and find a rather different personal truth - have second thoughts about the whole thing - your best advice for them is to grow up because they signed a contract  |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Wed Dec 13, 2006 12:27 pm Post subject: |
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First off prof I am not a recruiter nor a school owner nor have I ever been. I have also never spoken to you on the phone and I know that for sure so you obviously either have me confused for someone else or are making this up.
| cj750 wrote: |
| In the years that you have been here ..you have had to go into arbitration twice...by your own posting..I would think that this show how often a contract is broken.. |
I didn't have to do anything, I chose to seek help, and I wouldn't call it arbitration either as it was not a sit down meeting with the school it was me sitting down with someone else and they who followed up with the school.
I have been here for 12 years next year and both of these problems were with the same employer so I do not agree that my experiences are extreme. I have a very good run of employers except one so on a batting average I think that I am doing pretty well. Even this one bad employer was not dishonest, they were just not looking after my interests the way that I feel that they should have been. Rather than coming to a forum to whinge about how unfair all schools are I pursued the matter and it was resolved.
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| this is a good indication of how often contracts are broken |
In my personal case one out of twelve contracts has had a problem. That is a pretty good percentage if you ask me and could be expected anywhere around the world not just in China. Plenty of people have no major problems and some people do. That's life. It's what you do when faced with a problem that counts and I ma pretty sure that the people who claim that Chinese employers are so bad are probably the very same people who employers are not so sad to see leave them.
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| The possibility of this is almost nil...and that is the most important point to make..and not to mislead folks into thinking that they can count of the authorities to protect them against bad employers not fulfilling contract... |
How do you get this?
My success rate to date has been 100% which far from nil. What about yourself? How many times have you pursued an employer for contract breach and been turned away by the authorities?
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| Experience..have you ever tried to take an English Language contract into a court..as I have said before ..court procedure doesn't match up with contract law.... |
Are you speaking from experience? Perhaps you would like to fill us in a bit on why you believe this to be true?
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| The only contract that we are concerned with here...is a teaching contract...and the likely hood of the court accepting the English language one over the Chinese one..is well ...Clark..I think even you would guess this answer...if there are discrepancies...which is where a problem may come up..the Chinese language is the one to rule.. |
That depends on what your contract stipulates.
If your contract has a clause (which many do) that stipulates that the Chinese version prevails in the case of a dispute between the versions then I would agree with you.
If your contract states (which very few of them do) that the English version prevails then I would disagree with you.
If your contract states neither then the clause in the legislation that you quoted earlier would apply and the purpose of the contract would be considered regardless of version.
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| So your cook has the authorization and the authority to handle mediation for the Department of Labor...did you have your hearing next to the steamer...again don't be foolish... |
I am saying that anyone can solve the problem if both parties are willing to listen. I never said mediation...you did. There is no authorization required to solve a problem!
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| now an important question..you have claimed that SAFEA is the govening body of the FTs....if so why would there be any other contract other than a SAFAE contract..if they are as you say....there would be no other contract honored by the court as no other agency has the right to issue non-SAFAE approved contract.....so the only contract acording to you that is legal is the SAFAE contract...and it does state that the Chinese language always represents the contractual wording... |
The SAFEA contract is indeed the contract that most legal foreign teachers would be employed under as it is the one that only SAFEA registered schools can use so they use it.
This does not mean that a teacher with a non-SAFEA contract has an unenforceable contract. That is misinformation on your part.
It does not matter what the contract is written on. What matters is what is written in the contract. Afterall that is what a court or any other person looking to resolve an issue will look at. |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Wed Dec 13, 2006 1:15 pm Post subject: |
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I didn't have to do anything, I chose to seek help, and I wouldn't call it arbitration either as it was not a sit down meeting with the school it was me sitting down with someone else and they who followed up with the school.
I have been here for 12 years next year and both of these problems were with the same employer so I do not agree that my experiences are extreme. I have a very good run of employers except one |
dearest Clark - why dont you tell us the kind of schools involved (maybe even the name of this bad employer - its called a school review), tell us more exactly about what kind of problems you had, how long ago these episodes took place, what kind of job you had - you know fill in on the details of what you outline in all your recent posts - after all you expect others to tell of their experiences - you even give them free membership of your your buxiban site if they do it three times in row - why are you so different that you seem to feel that your work experiences need to be masked by a strange cloud of mystery  |
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Leon Purvis
Joined: 27 Feb 2006 Posts: 420 Location: Nowhere Near Beijing
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Posted: Wed Dec 13, 2006 2:47 pm Post subject: |
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I think that it is in the best interests of all who read this forum that a distinction be made among the schools: public and for-profit.
The for-profit schools should be identified as Chinese-owned or foreign-owned.
Businesses operate differently from public institutions for specific reasons. Each presents its own problems and challenges. |
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NathanRahl
Joined: 31 Aug 2006 Posts: 509
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Posted: Thu Dec 14, 2006 7:05 am Post subject: |
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Actually Leon your showing smoe fair amount of ignorance here, and thinking of schools in western terms it seems.
Public schools in china in most cases charge extra for students to study with a foreign teacher. You may not have ever ben aware of it, but I have worked in public schools enough to know that this is indeed true. In some cases it is a large amount indeed. Private schools just charge more, public schools do still charge, just not as much. PLease, get your facts straight. Later.  |
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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Thu Dec 14, 2006 11:39 am Post subject: |
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| Public schools in china in most cases charge extra for students to study with a foreign teacher. You may not have ever been aware of it |
I worked for a public high school part time in Changchun..and wasn't aware of it until the paid me with ones, fives and tens.....they collected monthly..which I was told was illegal according to the education laws of China...
Actually there are public-private English institutes. international schools, industry schools..public high schools..public grammar, private high schools and private grammar schools as well...not to mention joint program schools..where the contract is likely to be in English and the teachers work on F's..but will not be legal ...
The organizations usually using the standard contract would be universities and English Institutes or training schools..although..language mills such as Marry's in Changchun..(actually spelled different at times) in the past has use the standard contract..in the past and I am not sure if they use it now..
last year when I worked for BIBS..they ask us to sign standard contracts that showed the pay at 4K when the reality was much more and half was paid in dollars...most of the teachers refused and so they had the office staff sign them..and then they were submitted..allowing the school to avoid higher taxes..but they still collected the 20% from the teaching staff's wages....these contract things are a fun house filled with mirrors...we were given a contract in English .. which was broken for over half the staff...at the end of the year.. |
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Leon Purvis
Joined: 27 Feb 2006 Posts: 420 Location: Nowhere Near Beijing
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Posted: Fri Dec 15, 2006 2:12 am Post subject: |
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Uh, NathanRahl,
You're telling me that my public college is charging my English major students MORE to be in my class which happens to be a required by the curriculum?
Gollllly dang. If that don't beat all, Sarge. I sure feel like one ignorant hick here. |
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Steppenwolf
Joined: 30 Jul 2006 Posts: 1769
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Posted: Fri Dec 15, 2006 2:33 am Post subject: |
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Well, yes, many public schools offer EXTRACURRICULAR Englishclasses run by FTs, and parents enrol at quite substantial tuition fees.
What rationale might there be for a very tiny minorityof primary and middle schools tooffer English-medium classes run by FTs when the vast number of schools can't offer such classes?
Besides it really makes hardlyanysense for an FT torun a special Englishconversation class with students aged between 12 and 16. |
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vikdk
Joined: 25 Jun 2003 Posts: 1676
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Posted: Fri Dec 15, 2006 4:47 am Post subject: |
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| Well, yes, many public schools offer EXTRACURRICULAR Englishclasses run by FTs, and parents enrol at quite substantial tuition fees. |
Yes I'm afraid the main reason why FT's are lured to China has more to do with economic rather than any specific educational matters that are linked to a special curricula - after all if it was the other way around then surely the demand would be for qualified English teachers - and I don't see many of those in China!!!
Which means that our precious contracts are basically pieces of paper that deal with economic matters - in other words, a document about how cheaply employers can employ you so as to maximise their profits.
And some FT's write they don�t come here for the money - sorry folks you can't help but do that - the money follows you - that's why you're here - so why not at least put on a bit of a show to try and get a fair share of it. |
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Leon Purvis
Joined: 27 Feb 2006 Posts: 420 Location: Nowhere Near Beijing
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Posted: Fri Dec 15, 2006 7:12 am Post subject: |
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Charging for extracurrricular fees does not make a public institution a for-profit organization. That's a red herring.
Being paid in cash doesn't mean anything either. I've worked for a public university as well as a public college, and I was paid in cash by both.
I don't know why anyone would resist the idea of revealing whether the schools in question are public or private. My time spent reading posts like this tells me that most of the problems come from the private ones, and that some people have the same problems over and over again. There must be an incentive for people who get scrod over to go back to the same kinds of organizations. |
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englishgibson
Joined: 09 Mar 2005 Posts: 4345
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Posted: Fri Dec 15, 2006 7:20 am Post subject: |
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And back to bickering on forums
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| Yes I'm afraid the main reason why FT's are lured to China has more to do with economic rather than any specific educational matters that are linked to a special curricula |
i don't know how much this is related to the thread and i must admit that i haven't read it all really, but it seems to me that YOU HIT THE NAIL ON THE HEAD THERE
and someone who has little experience in the ESL biz in China wrote:
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| I am not a recruiter nor a school owner nor have I ever been. |
and nor you have ever worked in a school in China ... and somehow i wonder whether you have ever seen a contract or SAFEA contract in China ...but those forums are rather helpful, since they even offer a scanned copy of parts of it on
Dear sir,
What you write is often just like a London fog
Peace to you, your advertised schools in China and Taiwain
and
Cheers and beers to all hard working FTs with their reasonable or unreasonable contracts in China
_____________________________________________________________
Contracts in China are for employees not for employers |
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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Sat Dec 16, 2006 9:50 am Post subject: |
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I am not a recruiter nor a school owner nor have I ever been.
and nor you have ever worked in a school in China ... and somehow i wonder whether you have ever seen a contract or SAFEA contract in China |
From what clark has written..I don't wonder, English.... |
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prof
Joined: 25 Jun 2004 Posts: 741 Location: Boston/China
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Posted: Sat Dec 16, 2006 12:44 pm Post subject: |
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Clark/sojourner is just trying to make a buck and position himself as an "expert" on EFL in China.
There's lots of this type of person in China. Easy come, easy go. |
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