Job Discussion Forums

[wolviaczek]

hi everybody,

I`ve got this job offer from Shanghai and there`s some formal issue that makes me a little bit confused.
I asked the school to send me a contract to sign before I arrive and they did. But they also said that the contract the`ve sent me is the "Standard contract" and they need it to get a working visa for etc.
Also they said that I`ll get a detailed contract after I get to Shanghai.

It is my first job, and first time in China so is that common situation?

Cheers

[clark.w.griswald]

I wouldn't say that it is common but it is certainly not unheard of.

The school is submitting one contract to the government for your working documents (the official contract) and the other is for you and the school (the working contract).

If push comes to shove on any issue then it is the official contract that would come into play so as long as you are happy with that one then there should be no problem.

Of course you have to ask what the differences are between the two. What is missing from the working contract that is in the official contract and vice versa?

Although the two contracts may put you at a disadvantage they may also be to your benefit so don't jump to any conclusions that you are being duped here. Check both contracts carefully.

Obviously the best situation is to only have one contract. If you can negotiate that or find another school that can meet that demand then that might be the best way to go.

[tw]

[kev7161]

Yeah, but don't come all the way over here without making sure the "official" contract/agreement between you and the school has all the clauses you feel is sufficient to insure you are not going to be screwed after you arrive. Make sure things like housing and utilities are spelled out. Also, what can you expect at your school: numbers of hours/lessons per week, materials offered to assist you in your teaching, how many students per class, holidays and holiday pay . . . on and on; so many things we've covered in these forums ad nauseum.

[wolviaczek]

Thanks for the info guys.
The point is, that the school is really hard to get anything from. The`ve called me twice and we agreed on all the terms. Then they`ve sent me this contract for visa office, which includes everything (salary, workload, accomodation terms...etc). I am only concerned that this DETAILED contract which I am about to get after arrival, can be different than the one for the goverment.

[blowinlicks]

No offense to Mr. Griswald and the other respondents, but really, you must understand that this is standard operating "screw the FT" procedure in China. Just please ask yourself why???...regardless of all the usual crap about "governmental necessities" in obtaining FECs and Residence/Work permits, the fact remains that 2 contracts means 2 headaches, and 2 ways to screw you. Come if you like, but be prepared to suffer....

[caius celestius]

wolvi, I would be sceptical too, mind you, and I would try to elicit as much info from them as possible as to in what ways the second contract might be in conflict with the first one. It looks as though the first one is a legal cover while the second one is a more convenient agreement between the two parties that the we3aker one - i.e. you - cannot renegotiate nor dispute.

Two contracts are sometimes needed when FTs get hired by an agent; that too is dicey and I would not recommend accepting such agreements.

But if you sign two "contracts" with one employer they obviously want the authorities (that issue the visa and the RP) to think you have been hired in accordance with the relevant laws while in point of fact your employer may wish to circumvent the provisions that afford you protection.

Try to find out if the second "contract" mentions any restrictions on your rights to paid holidays, time off, insurance cover, termination of contract and penalty, overtime compensationll, loaning you out to other employers, etc.

[cj750s]