Job Discussion Forums

[tofuman]

OP,

Now the mist is clearing. Apparently, I did misunderstand you. I'm so sorry. Now it is becoming clearer to me. You were saying essentially this: "My contract says nothing to prevent me from working for another employer; therefore, neither does the the visa prevent me from so doing.
Is that correct?

I misunderstood you. Nearly every contract that I have seen contains a clause which prevents one from working for a non-sponsoring employer without the sponsor's permission. I had a problem along those lines in the past, as I previously mentioned.

So do forgive me for heaping undeserved opprobrium upon you.

[vikdk]

Dearest Tofuman
I've just been offered a "moonlighter" by a guy with tail and two pointed things on the top of his head - at a mill called - the hotter than hell English school. Since the contract of my other job only allows me a mere pittance of money each week - (dem 5xday full body oil massages are awful expensive you know ) - I was thinking of sneaking off for a few hours a week and collecting some of the filthy lucre that's on offer!!!!
So I was wondering if you would
1. Pray for my soul - because yes I know I am committing the mortal sin of illegally teaching (you know dem visas only allow us to work at the stated work unit).
2. Since you are only doing one job and have plenty of time - knit me a new jumper out of asbestos - since that school lies at the bottom of fiery pit of greed and evil doing.
3. Cover me asss - I think dem damn fahgz you're always seeing are also following me.
Thanks a lot T - you is the man!!!!

[tofuman]

Jammish,

My apologies to you. My barb was intended for vikdk, but, alas, I missed my shot.

[u24tc]

Dear Tofuman,
I accept your apology.

Now all you have to do is apologise to the rest of the people on this post

[HunanForeignGuy]

First of all before Mr. K. locks this thread. let's remember to criticize the message and not the messenger. shall we?

Second, I have read and reread Tofuman's posts on this thread and I personally do not find them abrasive nor obnoxious. Tofuman has been in China quite a period of time and as someone who has also been in China quite a period of time, I can concur freely with all of the advice that he has been offering to our yet-to-be-arrived-in-China OP. From those of us on the ground here, what he writes makes a great deal of sense.

I would encourage Vikdk to follow Mr.K.'s suggestions about the message and the not the messenger as previous threads into which he has waded acerbically have been locked sinae qua non.

I also agree with Roger's aka Steppenwolf's assessment. While the "newbies" on the Board may not like them, experience here in China has shown me their veracity.

Sure you can get an off-the-books job. Many do. If you are caught however and your real employer is not aware that you have second job nor has the real employer sanctioned it, this might or could cause no end of problems. I have seen that on many occasions.

Additionally. for those of you who are not aware, many of the more developed cities in the larger provinces, that is the PSB in the larger cities, are requiring tax records from FTs who seek to renew their visas. And as things become more and more uniform in these larger cities, this is another way to become trapped.

Just on a personal note, I was wondering if the OP is really in England. A fellow teacher with whom I work was offered a position at the same university and has more or less the same background as the OP except that he is an American who has become "Britished" so to speak by virtue of having lived there for a few years. He was wandering around our campus here asking virtually the same questions. What a small world!

[vikdk]

Thus speaks the man who has been the source of more (thread) lock-outs than yur average Irish publican (by the way thats lockout brit/irish style - locking the fuzz outside while the after hours drinking goes on inside) - what a joke

[tofuman]

OP, I have before me a numbered, chopped, and signed SAFEA contract.

Here's what it says, VI 2: "Without party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed upon with Party A."

Now I do recall another non-SAFEA contract I reviewed that contained an even more restrictive non-compete clause. I can't remember seeing any contract which did not include a clause of this nature. It may be that they do exist, but not to my knowledge.

It is not highly unusual for FT's to violate this clause. Some believe that a pledge of one's word, indicated by a contract signature, is irrelevant. A man or woman who considers their word irrelevant lacks the very characteristics that define the difference between China and the West.

If you are signing a contract without a non-compete clause, it is not an SAFEA contract; therefore, you are treading on potentially dangerous ground. You should be asking about that. Why does your school not offer an SAFEA contract? Do you have a contract that omits a non-compete clause?

I don't mind apologizing to you or to others if I speak amiss; however, the gist of what I said is correct. Whether it applies directly to your situation remains to be seen.

[u24tc]

Obviously if it says it then I wouldn't do it but my main point of this thread was if not, could you.

You just blew it out of proportion with your morality comments. All i wanted was a simple answer such as:

'if it says nothing on your contract or visa then its: (a) fine or (b) not ok.