Job Discussion Forums

[diegog]

Hi everybody.

I got a contract from China. The salary seems OK (5,500 RMB) for 18 hours/week and the fact that it is in Jilin. Not clear with the part that says PAID HOLIDAYS, cause it says WINTER AND/OR SUMMER, well, there is a big difference with AND/OR... guess I should clarify that, right? They told me I would get an apt. on campus, just for myself, living room, bedroom... should that also be stated on the contract? Is this a normal way to proceed in China? I mean, just leaving for a place with just this kinda contract... Previously, I used to get very official contracts, lots of legal stuff, signed by the President of the institution... but it wasnt in China, so, is this the Chinese way?

Thanks a lot for your comments. Never been in China, dont know anybody there, so everything is pretty much Chinese to me...

Regards.

2007-2008 Contract

I. Party A wishes to engage the service of Party B as a Language Teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract.
II. The period of service will be from the 1st of Sepetember, 2007 to the 15th of July, 2008 .
III. The duties of Party A:
1. Party A should 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.
2. Party A shall conduct direction, supervision and evaluation of Party B�s work.
3. Party A shall provide Party B necessary working and living conditions.
IV. The duties of Party B:
1. 18 working-hour each week, under the leadership of the Department and the Foreign Affairs Office.
2. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
V. Party B�s monthly salary will be 5.500 Yuan RMB, 70% of which can be converted into foreign currency monthly. The salary will be paid on the last day of each month.
VI. 2,200 RMB per year for travel allowance (1,100RMB each vocation)
VII. 6,200 RMB for air ticket allowance each year.
VIII. Party A will provide a limited medical coverage of up to 1,000 RMB per year, upon presentation of proper documentation of medical treatment from a specified hospital.
IX. Paid holidays
Summer and/or winter vacation (each approx. 5 to 6 weeks)
National Holiday (three days)
May Day Holiday (three days)
Christmas Day (one day)
New Year�s Day (one day)
X. Party B�s necessary local calls will be free. Party B himself/herself will pay long-distance and international calls.
XI. Residency Permit & Foreign Expert Card shall be provided and paid for by the school.
XII. The school provides an apartment for party B.

PartyA: Party B:


Signature: 隋丽爽 Signature:


Date: 26th of April 26, 2007 Date:

[clark.w.griswald]

It is a pretty simple contract which could be a good or a bad thing depending upon how you look at it.

I would ask for more details to be added to contract on some points, such as:

[cj750]

[kev7161]

Change a few of the numbers, and my contract is almost verbatim with this one. This is your standard form contract. The addendum should provide all the details such as what, exactly, is provided in your apartment (how about utilities? internet?) - - TV, DVD player, computer, hot water heater, etc. You may have to give your school a deposit against damage - - you might want to ask about it.

Generally, most schools will pay half the travel allowance ('vocation"?) at the Spring Festival break and the other half at summer break. If your contract is only through July 15th, then you probably won't get paid for a summer holiday. As this is a standard form contract, that and/or is probably in there for those that may be contracted through the summer. For example, my new contract starts on July 1st, but I don't come back to work until Sept. 1st, yet I'll still be paid for July and August.

You might want to ask about airfare if you want half of it mid-school year.

The thing is, there are so many potential bumps along the way that you shouldn't just count on this contract to alleviate all concerns. Before you sign and accept, I'd ask, ask, ask any questions that are weighing heavy on your mind!

[Mister Al]

Op

As for the clause relating to and/or Summer/Winter holiday pay I think this means that you will be paid for the Winter Holiday period but not the Summer one. (Some teachers start 'year' contracts just after Winter Holiday periods and would therefore be under contract through the Summer and up until just before the beginning of the following Winter holiday period. As you finish yours on 15 July, you will likely only be paid for the Summer holiday period if you sign up for another contract to teach from September 2008 until mid-July 2009 and so on......if that makes sense.

Anyway, FIND OUT how this (or indeed any other clause your unsure about) affects you and get it in writing-(e-mail will suffice). If you are happy with the explanations and agree to the terms, sign and keep your fingers crossed you don't get shafted....it has been known to happen but at the same time there are a lot of 'decent' employers out there.

Good luck

[diegog]

ok. thanks a lot for the answers so far... they are pretty useful. any others, will be also appreciated.

[eslstudies]

I agree that its a standard contract, and any issues such as housing, weekends etc need to be spelled out in an addendum. Sending you a SAEFA contract is to establish your intent to take the job. The real document, with additions, is signed in China.
As for the vacation period, it seems you're paid for winter, but not summer.
Nothing to be suspicious of, as far as I can see.
Do all your detailed negotiation by email. Print and bring all of these with you!

[cj750]

a lot of contract are written this way to insure that they do not pay for two vacations unless you sign for another year..at the end of the contract, they may offer to sign a new contract..if you want to stay..then you may request to sign one now to enjoy year round earnings...

if a standard contract..you will not be able to change much if anything...it is the addendum where all the agreements lie (kev7161's post is the most informational)..and it should be in Chinese and English..although, if it does reach mediation/court..the Chinese one will be used...

[englishgibson]

wording in chinese contracts

chinese have learnt the word "CONTRACT" and how to write a contract from the western developped nations....and they are still learning

a contract might be to deceive the prospective employee, "AND/OR" it might be a sign of the employer's mistranslatin' of the language

peace to CHemployers' intentions as well as their competency
and
cheers and beers to all FTs that read their contracts word by word

[jammish]

Actually this sounds similar to my old place in Wuhan. You signed an 11 month contract, but the term was only around 9 months (a month's holiday in spring, two months in the summer) and you could choose whether to not get paid in the spring or one of the summer months.

[patsy]

I think maybe you should prepare yourself to share an apartment with at least one other teacher and to fight for your salary every month, that way you won't be too dissappointed.

[lostinasia]

There is "fair is far"

There is "I don't like to confront"

And the like.

Some people blindly accept a contract, good or bad, and move into the job and later may have regret.

Before reading a contract you should take the time to write your own contract and then compare it to the contract you've been given by your prospective employer. This will show the deficiencies that you should then use in negotiation.

Granted, some teachers are too immature or just don't have the smallest amount of confrontation built into their psyche. I know teachers that follow and accept everything their employers to do and so accept a contract without question.

On the other hand, I read, double read, and question nearly everything in the contract, then write an addendum with new information and clarification on other issues.

While this is "just" China as some put it ... it is still a civilized society working as a market economy. They want money and I want my money.

If I'm not happy on one issue I'll negotiate a change in the term and if they are unwilling to budge, then I either accept or move on to a new school that will accept my "demand." I do it all the time - it's called negotiating.

Just being in China does not require or demand that you bow to the culture and do everything you're told. This is still a business we are in - expectation of reimbursement, professionalism, life, safety, well-fare, and overall expectation of our individual freedom. By no means should we foreigners expect to be forced to live our time here as Chinese people. Retain your self, your dignity, your culture, and the like.

You disagree with something in the contract? Then by all means approach the director kindly as friend and mention some changes or ask your questions. Be honest. Be sure he knows that you are "demanding" with anger that something be changed. Negotiate living on the 3rd floor and not the 2nd floor. Negotiate anything you like.

I do it at any job. I'll be moving to a new city after 3 years in my current location and I did just that ... negotiated all aspects of my contractual life and all went well.

Of course, some people are too timid to do so; but if you want to succeed, earn to your full potential, then you have to change your ways at least a tad.

Motivation ...

Hope my minimal words help

"Just Do It"

[clark.w.griswald]

[kev7161]

[cj750]