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Contract quirk...help!
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canb



Joined: 08 Feb 2007
Posts: 8
Location: USA

PostPosted: Thu Mar 08, 2007 3:14 am    Post subject: Contract quirk...help! Reply with quote

I have recently been offered and contract and though many elements mirror SAFEA, it is not a SAFEA contract. This particular statement has me a little worried. Can anyone offer an explanation?


As Party B�s sponsor, Party A will retain Party B�s foreign experts� certificate for use in public security checks.
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canb



Joined: 08 Feb 2007
Posts: 8
Location: USA

PostPosted: Thu Mar 08, 2007 3:31 am    Post subject: Reply with quote

"a" contract....not "and" contract...sry
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upchuckles



Joined: 11 Jan 2007
Posts: 111

PostPosted: Thu Mar 08, 2007 4:31 am    Post subject: Reply with quote

Your first teaching assignment is to instruct them how to read the Chinese in the book.. It specifically states that the book should be in the possession of the teacher..

If that doesnt work, whip out an uzi and spray the admin with lead stupidity tax!

Rhatta rhatta tat! Tatta atatatattatatatttat tatttta ! tatatatatatatata!!!!!!!!
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JamesD



Joined: 17 Mar 2003
Posts: 934
Location: "As far as I'm concerned bacon comes from a magical happy place."

PostPosted: Thu Mar 08, 2007 4:38 am    Post subject: Q Reply with quote

Meaning they hold on to your FEC? I think not.
Yes, just like a passport it does actually belong to them, BUT you are required to have it handy (if not on your person) at all times as identification and proof of legality.
This is a definite deal breaker. You have to hold this. Not having it means you cannot utilize certain modes of travel in China (soft sleeper) and you cannot check into a hotel. Chinese law says you hold it, educate the admin before you educate the students.

Edit: If you get stopped by or have to deal with any official and you do not have this you could be detained until it's produced. Not common but can happen and would be more than a major pain if it happened while you're out of town, on a holiday, or any weekend when it's hard to get hold of your boss.
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Thu Mar 08, 2007 4:59 am    Post subject: Reply with quote

It is not that unusual for a org to keep the FEC..many of the international school also hold them...and I do not beleave there is a requirement to carry one at all times..
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Steppenwolf



Joined: 30 Jul 2006
Posts: 1769

PostPosted: Thu Mar 08, 2007 7:41 am    Post subject: Reply with quote

It seems THEY need it far more than you do; I never had to show mine except one time when applying for a bank account with the option of buyinf foreign currency.

For travelling purposes you need your passport or a residence permit - which nowadays takes care of your visa INSIDE your passport, no longer in a separate document.

Your employer will have to make sure that the FEC is returned upon completion of your term.
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kev7161



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

PostPosted: Thu Mar 08, 2007 7:54 am    Post subject: Reply with quote

Quote:
and you cannot check into a hotel


Step caught that first, but I'll echo: You need your RESIDENCE PERMIT to check into a hotel (affixed inside your passport) along with passport to travel in and out of the country, etc. I take out my FEC once a month to make a currency exchange BUT I hold onto it. You may rarely need it, but my advice is to keep it with you.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Thu Mar 08, 2007 11:23 am    Post subject: Re: Contract quirk...help! Reply with quote

canb wrote:
As Party B�s sponsor, Party A will retain Party B�s foreign experts� certificate for use in public security checks.


I echo the posts of others in that there is far more value in you holding this document than the school. While you don't need it on a day to day basis it remains an important document and as such I wouldn't trust anyone with it other yourself.

The thing about PSB check doesn't even make sense to me. If the PSB wants to see this document they will be asking you for it not your school. The school has other documentation should they need to show that you are legally employed by them.

I would explain to the school that you have been advised to hold the document yourself and that this is what you want to do but I can't see any reason that they cannot take a photocopy of it for their records. The original will stay with you however.

The downside to letting them hold it is that it could cause you problems later on should your relationship with the school sour.
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Plan B



Joined: 11 Jan 2005
Posts: 266
Location: Shenzhen

PostPosted: Thu Mar 08, 2007 12:20 pm    Post subject: Re: Contract quirk...help! Reply with quote

clark.w.griswald wrote:

The thing about PSB check doesn't even make sense to me. If the PSB wants to see this document they will be asking you for it not your school. The school has other documentation should they need to show that you are legally employed by them.

Not strictly true. The PSB sometimes do checks on the schools themselves to ensure that everyone is legally employed. If not, the school is also required to pay a fine. In the case of the PSB or local police paying you a visit at your home, they always (in my experience) give you a day's notice in order to provide photocopies of all your documents including the FEC. The idea that you could be arrested on the spot for not having your FEC is rather ridiculous, especially considering that many foreigners legally residing in China don't even have one - by legally, I mean temporary residents, investors, over-60's with spouse, and those in the "F" visa legal grey area.

clark.w.griswald wrote:

The downside to letting them hold it is that it could cause you problems later on should your relationship with the school sour.


Yes, this is very true
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abusalam4



Joined: 24 Feb 2007
Posts: 143

PostPosted: Thu Mar 08, 2007 3:12 pm    Post subject: ????? Reply with quote

Are you talking about the residence permit (the small green booklet issued by the local Gong-An) when yiu have a Z visa in your passport? Or do you speak about the red booklet looking a bit like a British passport which is an ID as Foreign Expert and is issued by the provincial Bureau of Foreign Experts? In case of the latter, I never needed itr when travelling in China; I had always my residence permit with me. That was OK and I could always use soft sleeper and check into any hotel. Mostly, they even never asked for that.

IMHO, you should report that to the Bureau of Foreign Experts in your province if your school keeps that Expert document. It is you who is supposed to have it and not them.
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Itsme



Joined: 11 Aug 2004
Posts: 624
Location: Houston, TX

PostPosted: Thu Mar 08, 2007 5:43 pm    Post subject: Reply with quote

I'll play the cynic once again.

I will assume that the school having the expert certificate will in some way bind you to them. In other words, a certain percentage of your dominance will go away.

A graphical illustration.

(You are their @##ch ------------------------------------- You are principal now)

With all your paper work X
With out X

On the other hand, it could be legit.
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Fri Mar 09, 2007 2:39 am    Post subject: Re: ????? Reply with quote

abusalam4 wrote:
Are you talking about the residence permit (the small green booklet issued by the local Gong-An) when yiu have a Z visa in your passport?


They still issue that??? Shocked

OP: On the back of the FEC it clearly states in both English and Chinese that "The Certificate is to be used as an identification card for foreign experts working in China, valid for the period stated above. It should be returned to the organization that issued the certificate before the bearer leaves China".

In other words, your employer can not hold your FEC since you need it as ID (net bars, exchanging currencies at banks, etc).
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Fri Mar 09, 2007 3:24 am    Post subject: Reply with quote

As the FEC belongs to the work unit..it has to be retruned to them anyway..although I still have all my old ones as only one work unit asked for it back..
what does any one use them for now anyway..they use to be somewhat good for a dicount in the old dual pricing daze...
exchanging money..if that was set up with the local bank and unit..the FEC itself does not allow the exchange of funds unles additonal paperwork has been done...

I have left mine with work units for the last few years and never needed it in any way..and unless you form a complant as to working conditions though the labor board/or officially exchange cash..then it may never be needed..

At the end of your contract ..you need to give it back to the issuing company (if they even ask for it) so what is the advantage of you holding it..
and if PSB come to your school ..they will ask the school to produ ce them...then maybe to match up with staff members..
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Fri Mar 09, 2007 4:22 am    Post subject: Reply with quote

cj750 wrote:
unless you form a complant as to working conditions though the labor board/or officially exchange cash..then it may never be needed..


cj750 wrote:
so what is the advantage of you holding it..


I would think that what you wrote above would answer your question about what advantage it could be to hold onto your own certification. I would think that in the case of a labor dispute the last thing you would want is to have to ask your employer for your documents back again.

cj750 wrote:
and if PSB come to your school ..they will ask the school to produ ce them...then maybe to match up with staff members..


That is true but you could also be asked for the documents out of school.

You don�t need the documents as your passport and visa are generally sufficient to prove who you are and that you are in country legally � which is what most PSB officials would want to know if they were asking you for documentation.

But the fact remains that the school doesn�t need the documents either.

So given the choice I would say that keeping the documents yourself is a better bet than letting the school hold them, and the fact that this school seems to be suggesting that it is a requirement for them to keep the documents strikes me as being at best misinformation, and at worst an indication of potential problems in the future.
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Fri Mar 09, 2007 5:39 am    Post subject: Reply with quote

I called the labor board and there is no requirement to show a FEC to file a claim...

and although as Clark sez ..there may be an advantage.. I do not know of one...it seems that as it belongs to the school..they may have the right to hold it...the local PSB informed there is no requirement for the school to provide you with the FEC...and as of yet..I havent used mine..finding that excahnging money was far easier (other methods) than using the FEC to do so...

Quote:
That is true but you could also be asked for the documents out of school.


when would this happen?...when ever I have been involved with the police .they would ask which work unit I was connected and check on the PSB computer..no one has ever asked for the FEC..what kind of incident would require producing this document..


Last edited by cj750 on Fri Mar 09, 2007 5:41 am; edited 1 time in total
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