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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Wed Dec 19, 2007 11:37 am Post subject: Don't be a scab! Christmas is a legal holiday |
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The SAFEA regulations, ie Foreign Expert Bureau mandates to any school legally hiring a foreigner that the foreigner must be given a holiday according to their religion. For those stating to be Christian, it is two days off for Christmas. Jewish, muslim, different day (duh!)
So don't be scabs. STand up for what is yours, or it will be taken away, and they will seek to take something new away next time. If they say they know nothing about it, tell them they can call the local SAFEA to inquire. But at least all uni FAO's have a copy of the SAFEA rules and regulatons book in their office, which most FAO's keep hidden from their laowais.
I can not quickly fin an SAFEA link I will give you this
http://china-tesol.com/China_Facts/china_facts.html
If anyone has the SAFEA link, please add |
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lostinasia
Joined: 11 Apr 2007 Posts: 466
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Posted: Wed Dec 19, 2007 11:45 am Post subject: |
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Foreign experts are entitled to the following holidays according to their nationality and religion: two days for Christmas, three days for Corban, one day for Lesser Bairam, and one day for Water-splashing Festival. |
Yes, legally, that is what is provided. I'd then ask, "how do you document your religion?" I'm not exactly a card-carrying member of Christianity. I'm born, raised, baptised Roman Catholic but no longer practice. I despise the whole concept of Christmas and it's modern practice. So, am I still entitled to the two days off? And what about the "nationality and religion" part of the statute? Only American Christians get Christmas or does a Canadian Dai get Water-splashing festival?
I'm sure most people are too passive to demand the days. |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Wed Dec 19, 2007 11:51 am Post subject: |
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Well, personally I would considered pushing things a bit to claim one of the holidays, and then claim I changed my religion, and claim another
SO I think common sense would say that you can claim one of these based on your personal preference, yes? No documentation is asked for, not that I ever heard of.
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but no longer practice. I despise the whole concept of Christmas and it's modern practice. So, am I still entitled to the two days off? |
Entitled? by regulation, certainly. By your own conscience? I guss that would be up to you. For me, I despise that Christmas has become so secular. I would say now adays you do not have to even be a practicing Chistian to observe Chistmas. I know "jewish" families who observe Chistmas
Last edited by arioch36 on Wed Dec 19, 2007 12:07 pm; edited 1 time in total |
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lostinasia
Joined: 11 Apr 2007 Posts: 466
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Posted: Wed Dec 19, 2007 11:56 am Post subject: |
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Completely agree. I could be an "experimental religionist" and claim all the holidays. yes, I often invent new words and expressions. |
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beck's
Joined: 06 Apr 2003 Posts: 426
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Posted: Wed Dec 19, 2007 9:51 pm Post subject: |
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I read the link and it says that work schedules must be arranged for such religious holidays.
I think what the university would do would be to move your classes from Christmas day to Saturday thus giving you Christmas day off but having you make up the classes.
The giving of holidays but then having the teachers make up the classes on another date seems to be somewhat of a tradition here. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Wed Dec 19, 2007 10:23 pm Post subject: Re: Don't be a scab! Christmas is a legal holiday |
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arioch36 wrote: |
The SAFEA regulations, ie Foreign Expert Bureau mandates to any school legally hiring a foreigner that the foreigner must be given a holiday according to their religion. For those stating to be Christian, it is two days off for Christmas. Jewish, muslim, different day (duh!)
So don't be scabs. STand up for what is yours, or it will be taken away, and they will seek to take something new away next time. If they say they know nothing about it, tell them they can call the local SAFEA to inquire. But at least all uni FAO's have a copy of the SAFEA rules and regulatons book in their office, which most FAO's keep hidden from their laowais. |
good point and timely. coincidentally, our school made no mention of taking the holiday off (even though two days for christmas are in the contract. i mentioned to our secretary i will be taking 24/25 dec. off. they said they have to check with the leader first... and my holiday was finally approved by his/her exaltedness
i informed the other FTs they had best make it known to the office that they wanted to take christmas holiday (and why wouldnt you?). but we do have a holdout!! one guy doesnt want to take the time off. according to him "he's always free." not sure what that meant but i havent heard rave reviews of his classes. at any rate, a guy like that could *beep* it up for everyone and these people need to be persuaded to take the holiday.
beck's wrote: |
I read the link and it says that work schedules must be arranged for such religious holidays. I think what the university would do would be to move your classes from Christmas day to Saturday thus giving you Christmas day off but having you make up the classes. |
our contract simply says: Party B shall have two days off at Easter and Christmas respectively.
lostinasia wrote: |
I'm born, raised, baptised Roman Catholic but no longer practice. I despise the whole concept of Christmas and it's modern practice. So, am I still entitled to the two days off? |
christmas means whatever you want it to mean. for many people where i come from (canada), its not just about buying gifts, spending money, drinking your face off etc. its also a time of year when people are actually friendlier and more caring towards others, often the less fortunate. i find nothing to despise in that. anyway, you can still get your two days off here if your conscience allows you  |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Thu Dec 20, 2007 2:31 am Post subject: |
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Today our school sent all the FT's a notice saying if we wanted two days off for Christmas we had to inform the Foreign Language Department. |
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mjlpsu
Joined: 03 Oct 2005 Posts: 128 Location: NJ to Shenzhen
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Posted: Thu Dec 20, 2007 2:45 am Post subject: |
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I was able to reschedule classes and cancel office hours for my holidays so far. I have no problems here.
Although, I think they might start questioning me if I tried to cancel for Festivus. |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Thu Dec 20, 2007 3:04 am Post subject: |
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but we do have a holdout!! one guy doesnt want to take the time off. according to him "he's always free." not sure what that meant but i havent heard rave reviews of his classes. at any rate, a guy like that could *beep* it up for everyone and these people need to be persuaded to take the holiday. |
Seem to be a few FT's like this!!! So annoying - especially when employers use them in their attempts to foster "good standards" (work more for less money - the Chinese ideal for the good FT). |
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lostinasia
Joined: 11 Apr 2007 Posts: 466
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Posted: Thu Dec 20, 2007 3:27 am Post subject: |
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So annoying? Why? Where is stated in the SAFEA handbook or contract that all teachers must do what the other foreign teachers want them to do? |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Thu Dec 20, 2007 3:49 am Post subject: |
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So annoying? Why? Where is stated in the SAFEA handbook or contract that all teachers must do what the other foreign teachers want them to do |
No of course not!!!
And in this brilliant vein of logic - I ask you whiners and slackers - why take any holiday - Christmas, winter, summer, anytime???? After all, according to this line of thinking, we are then risking a scenario where our employers may try to erode our contractual rights even further - by favoring labor that is more willing to listen to the non-contractual demands of the boss
Welcome to that happy team - who fight and play as a band of brothers - the China FT's. Remember this is the profession you can do anything you want - even work for free if that's your thing  |
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lostinasia
Joined: 11 Apr 2007 Posts: 466
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Posted: Thu Dec 20, 2007 4:11 am Post subject: |
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Obsessive need to over analyze things ... point is, let the hold-out do what he wants - work. It does NOT negate the legal obligation the school has to give YOU the government mandated two day Christmas holiday. Leave co-workers out of it and battle the system to give you what is rightfully yours - not manipulate others so your boss will reluctantly give you something he doesn't want to do. Only until people start do demand what is a legal obligation will the system actually change. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Thu Dec 20, 2007 4:21 am Post subject: |
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lostinasia wrote: |
Obsessive need to over analyze things ... point is, let the hold-out do what he wants - work. It does NOT negate the legal obligation the school has to give YOU the government mandated two day Christmas holiday. Leave co-workers out of it and battle the system to give you what is rightfully yours - not manipulate others so your boss will reluctantly give you something he doesn't want to do. Only until people start do demand what is a legal obligation will the system actually change. |
here in the nebulous world of chinese legal affairs, its simply better for all FTs to be on the same page when it comes to taking holidays. otherwise, as stated by vikuk, some unscrupulous employers are going to use this kind of non-observance of holidays to erode the legal obligation to give us those holidays.
"oh, we didnt tell you about those holidays because the last FT here never took them."
this statement is well within the realm of possibility and i'm sure it has already been put into play somewhere over here.
Last edited by 7969 on Thu Dec 20, 2007 4:24 am; edited 1 time in total |
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lostinasia
Joined: 11 Apr 2007 Posts: 466
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Posted: Thu Dec 20, 2007 4:34 am Post subject: |
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Let's be fair ... you are in China. You needn't respect the law, but you must follow it. And, as the statute is written, you get two days off for Christmas, with the precept of depending on your religion and nationality. There is no right for holiday or time off for Jews in China - per the SAFEA contract.
As for the Muslim/alcohol issue - yea, okay, uhuh |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Thu Dec 20, 2007 4:39 am Post subject: |
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What do Muslim religous holidays in the states have to do with a Chinese employers contractual obligation - and if as a Jew you have right to a holiday then I'd say you'd be fool to ignore this fact.
So here's another way of looking at this question -
If you feel the need to work - please go ahead and work on your contractual holidays - but please don't accept anything less than overtime rates. Or are you also not interested in money  |
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