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Quick question on a contract

 
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Sonnibarger



Joined: 15 May 2007
Posts: 320
Location: Wuhan

PostPosted: Thu Jun 28, 2007 2:27 am    Post subject: Quick question on a contract Reply with quote

What do you make of this section in the contract? Is it similar to most in China?
d) Only after the rearrangement of lessons, the employee is able to enjoy the privileges of main religious holidays. If in the case of any conflictions between religious holidays and working days as set by the Peoples� Government, then the employee must abide by the arrangements set by the Government for work and rest.
The contract is from a Government school, with a good reputation.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Thu Jun 28, 2007 4:27 am    Post subject: Re: Quick question on a contract Reply with quote

Sonnibarger wrote:
What do you make of this section in the contract? Is it similar to most in China?
d) Only after the rearrangement of lessons, the employee is able to enjoy the privileges of main religious holidays. If in the case of any conflictions between religious holidays and working days as set by the Peoples� Government, then the employee must abide by the arrangements set by the Government for work and rest.
The contract is from a Government school, with a good reputation.


I think that this is just the schools rather poorly worded way to deal with two common problems:

a) Christmas Day;
b) The fact that the Chinese government nominates a non-work day as a work day to make up for a public holiday

My guess is that the school has had complaints about these two issues from teachers in the past and is just trying to deal with this. I guess that this could be a good or bad sign depending upon how you look at it.

Personally I think that schools should respect the wishes of foreign teachers in allowing them to take these days off without any repercussions. Sure local Chinese do not get Christmas Day off and must work on a non-work day to make up for public holidays, but to me the issue just creates bad feelings between foreign teachers and schools if the issue is pushed upon the teachers. It is not a huge loss to a school to allow the foreign teacher to have a few paid days off a year so why fight it out.
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Thu Jun 28, 2007 4:38 am    Post subject: See Below Reply with quote

To the OP,

I have never, ever seen such a wording in any contract since I have been in China...but who knows?

Usually, either they forbid religious activity outright, or they permit it "in moderation" (my current contract) or they simply give Christmas Day off to the FT's.
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Thu Jun 28, 2007 5:17 am    Post subject: Re: Quick question on a contract Reply with quote

Sonnibarger wrote:
What do you make of this section in the contract? Is it similar to most in China?
d) Only after the rearrangement of lessons, the employee is able to enjoy the privileges of main religious holidays. If in the case of any conflictions between religious holidays and working days as set by the Peoples� Government, then the employee must abide by the arrangements set by the Government for work and rest.
The contract is from a Government school, with a good reputation.

refers to christmas and easter. however sounds as if they dont want to give you the four days off work and ask you to reschedule your classes so as to still teach the same number of lessons each and every week.

you can ask them to be straight with you. ask for a revision: two working days off at christmas and two working days off at easter. weekends dont count.
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Mpho



Joined: 30 Aug 2004
Posts: 58

PostPosted: Thu Jun 28, 2007 6:54 am    Post subject: Quick contract question Reply with quote

Yes, this sounds like an unusual wording to be in a contract. I work here in Xinjiang Autonomous Region and our contracts all have religious clauses in them about holidays. We (supposedly Christian westerners) are allowed two days for Christmas (covers Christmas and Boxing Day) while the other ethnic minority students and teachers get paid holidays as follows: 3 days for Animal slaughtering day, 1 day for fast-breaking festival and one day for water splashing day.

Other minority areas, get other days for different minorities.

Mpho
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11:59



Joined: 31 Aug 2006
Posts: 632
Location: Hong Kong: The 'Pearl of the Orient'

PostPosted: Thu Jun 28, 2007 7:02 am    Post subject: Reply with quote

OP, although I know this will come as something of a shock to you, I have to be the one to inform you that the term 'holiday' as employed in Mainland China is somewhat euphemistic at best, and downright deceptive at worst. 'Holidays' in China are not so much holidays (in the Western sense of the expression) as more instances of timetable rescheduling, and, for reasons unknown, FTs in China accept this ridiculous state of affairs as if there was nothing odd, peculiar, or unusual about it. If, for example, there is a 10-day holiday and some point of the year, then any days during that period that would have been worked had it not been a holiday have to be made up at some point after the said 'holiday'.
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Thu Jun 28, 2007 8:51 am    Post subject: Re: Quick question on a contract Reply with quote

Sonnibarger wrote:
d) Only after the rearrangement of lessons, the employee is able to enjoy the privileges of main religious holidays. If in the case of any conflictions between religious holidays and working days as set by the Peoples� Government, then the employee must abide by the arrangements set by the Government for work and rest.


I have also never seen this clause in my contracts. What it is saying is that the employer will give you a day off for Christmas if and only if you will have a make-up lesson down the road. Essentially, you are not going to have a day off.

Oh well, people of Chinese background don't get any days off in the West for Chinese New Year AKA Spring Festival either.
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waxwing



Joined: 29 Jun 2003
Posts: 719
Location: China

PostPosted: Thu Jun 28, 2007 9:18 am    Post subject: Reply with quote

I would give them a lot of credit for making it explicit.
Strictly speaking, legally, they don't have to. But many teachers will complain anyway.
One thing that often needs careful clarification in many contracts is how much you will be paid for holidays (e.g. spring festival). It could be full pay, no pay or partial pay, but make sure you know. The contract might say you are entitled to a holiday, which to a teacher back home would mean paid holiday, but here that's not usually the case.

The key is to try to avoid making assumptions about arrangements, because you'll often find yourself disappointed if you do.
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kev7161



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

PostPosted: Thu Jun 28, 2007 9:52 am    Post subject: Reply with quote

Quote:
for reasons unknown, FTs in China accept this ridiculous state of affairs as if there was nothing odd, peculiar, or unusual about it


I don't think a lot of teachers "accept" it, rather are resigned to it. Sometimes school don't feel the need to explaining their unusual way of trading "holiday" days with work days.

As to the OP's query: There are also people whose religion doesn't allow them to work Sundays. If the school DOES want to switch around work days (should you normally get Sundays off), then they may want to make sure you are covered. Religious holidays such as Christmas, Easter, uhm, Halloween (kidding!), whatever is also to be considered. Many schools allow for Christmas Day (one or two days off) and my school even allows for New Year's Day (January 1st, that is). Essentially however, there is no religion in China so if the government says, "hey! we're going to screw things around next week!", then you will be obliged (per this clause) to work regardless. I would probably ask for just a little more clarification.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Thu Jun 28, 2007 10:47 am    Post subject: Reply with quote

kev7161 wrote:
I don't think a lot of teachers "accept" it, rather are resigned to it. Sometimes school don't feel the need to explaining their unusual way of trading "holiday" days with work days.


It is probably a bit unfair to lay all of the blame upon the schools here. It is the government that decides which are work days and which are not, and as such the government declares non-work days around holiday periods as work days to make up for the time off.

Of course schools could elect to let foreign teachers just have that time off even though all of the Chinese staff are working and the students are in the classroom. If the teacher is not absolutely needed on those days then it would obviously be best for the school to let the foreign teacher have those days off.
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Thu Jun 28, 2007 11:00 am    Post subject: Reply with quote

Don't worry about a couple of days at Christmas or Easter - worry about what kind of school you'll be working at - because if you're going to work at a mill - well kiss summer and winter holidays goodbyieeee (these are peak periods for the white monkey farms - more work than ever) - if you're going to work at some sort of public institution then you may get 3months of paid holiday (1 month winter, 2 months summer) during which you can sip your c0cktails while watching the mill workers lumber off to work!!!
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kev7161



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

PostPosted: Thu Jun 28, 2007 11:55 am    Post subject: Reply with quote

Government, school, whatever. Where many schools are lacking is that they don't effectively explain the switcheroo and wait until it actually happens and the FTs get pissed about it and it's a "problem" that could've been prevented if they had only explained it before contract signing.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Fri Jun 29, 2007 12:14 am    Post subject: Reply with quote

kev7161 wrote:
Government, school, whatever. Where many schools are lacking is that they don't effectively explain the switcheroo and wait until it actually happens and the FTs get pissed about it and it's a "problem" that could've been prevented if they had only explained it before contract signing.


This really the reason that I feel that it is important to point out the difference between it being a school imposed requirement or a government imposed requirement. All the locals know about the fact that the work day switches are happening as it is plasted all over the news and everyone they know also knows. So many schools overlook the fact that the foreign teacher is still in the dark based on the assumption of 'we all know what is going on so must he/she". Quite honestly I don't think that they even think that much.

So it is not a case of schools making us work days that we shouldn't be working in an effort to squeeze as much out of us as possible. This is what some people suggest when they complain about this situation.

I totally agree with you Kev that 'the problem' could be avoided by making this whole situation clear up front. And I guess that this is what this particular school was trying to do with that clause in their contract and we should give them Kudos for that.

Sonnibarger, the fact that this school is trying to make you aware of this upfront is a plus. The fact that they seem to have decided not to just give you the day off regardless is a negative. Overall, if everything else checks out as far as speaking with past teachers then the school may be worth a try.
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Sonnibarger



Joined: 15 May 2007
Posts: 320
Location: Wuhan

PostPosted: Fri Jun 29, 2007 12:39 am    Post subject: Reply with quote

Thanks for the feed back everyone. I signed the contract today!
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Brian Caulfield



Joined: 14 Sep 2004
Posts: 1247
Location: China

PostPosted: Fri Jun 29, 2007 11:48 am    Post subject: Reply with quote

When I first got here my employer would tell me about the days I had to make up because of holidays . I still don't understand why they call it a holdiday if you must make it up? I told them was that I am Jewish and can't work on Saturdays . It worked.
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