Job Discussion Forums

[AvogadrosNumber]

Does this look like a fair contract? I do not have much experience reading contracts and am looking for any comments.

1. The teaching time for Party B shall be up to 20 teaching hours per week during 5 weekdays. Party B may be asked to perform other duties besides the teaching hours. Duties may include recruiting students, meeting with parents on Friday afternoons and training/ tutoring for assistant teachers who are appointed by Party A. Teachers are reminded to be at school during the work-time in the five-day workweek even when they have no classes. Teachers are also reminded that the teaching schedule may be modified to accommodate examinations and holidays.

2. Party B shall prepare courses carefully, and shall test and grade the students in compliance with the requirements prescribed by Party A.

3. Party B may be observed and evaluated by Party A in the classroom as required. Party B shall receive immediate feedback in private about his/her job performance, both positive and negative, so that he/she can work on improving his/her job.

4. Party B shall not undertake any part-time job that may compromise their ability to fulfill the teaching tasks in this school.

5. Party A shall pay Party B a salary on a monthly basis which is 11000RMB before tax. 40% of the salary will be paid on the 5th and 60% will be paid on the last day of each month. 60% of the salary may be converted to foreign currency.

6. Party B shall be punctual. If Party B fails to go to class on time without Party A�s permission, Party A has the right to deduct Party B�s salary at the rate of 1/30 of his monthly salary for each late attendance.

7. If Party B gets permission for leave during any normal working days, their salary shall be deducted at the rate of 1/30 of the monthly salary per day except for sick leave.

8. A request for sick leave by Party B must be substantiated by documentation from an approved hospital/doctor. Party B�s salary shall be fully paid if duration of the sick leave is less than 3 days in a semester. If Party B�s sick leave is longer than 3 days in one semester, Party B�s salary shall be reduced at the rate of 1/30 of his/her monthly salary per day. Party A has the right to terminate the contract if Party B�s sick leave totals more than 20 days during one semester.

9. In case of illness or absence, Party B is obliged to inform Party A in written form beforehand. If Party B fails to inform Party A, Party B shall be liable to breach penalty of 500 RMB per day. If Party B repeats such act, Party A has the right to terminate the employment contract and ask for compensation for Party B�s breach of contract.

10. Party A shall provide housing allowance of RMB1500 per month to help rent an apartment in the city for Party B. Party B shall pay off the balance of the monthly rent. Party A will pay for the electricity, water, and gas, to a maximum of 500RMB per month. Party B is responsible for all charges over the maximum amount.

11. Party A shall provide Party B with free medical treatment in Party A�s campus clinic. If necessary, Party B can go to the local hospital designated by Party A. Party A will only reimburse Party B�s medical expenses incurred at the designated hospital. The maximum allowance for medical expenses is RMB500 per semester and Party B is responsible for expenses that exceed the maximum allowance.

12. Party A will reimburse medical expenses incurred by Party B while outside of Suzhou on school business.

13. Upon successful completion of contract, Party A shall compensate Party B for air travel expenses according to the schedule below:
Compensation according to the length of contract
One semester: one-way airfare to a maximum of 5000RNB paid at the end of the first semester
Two semesters: two-way airfare to a maximum of 10000RMB at the end of the second semester. Party B is responsible for all overweight luggage charges.

14. In addition, upon the successful completion of the contract, Party A shall pay 1100 RMB as a travel stipend to Party B per semester or 2200 RMB at the end of the school year.

15. Party B shall be entitled to the same public holidays as other teachers at the allocated school. Work done over the Saturday and Sunday just before the public holidays is a means of compensating for the two working days which should otherwise have been done during the week. Work done on the Saturday and Sunday is thus part of normal working hours and neither overtime nor time off-in-lieu will be applicable.

16. Party B will be required to attend school before the semester begins. Party A has the right to decide the date of Party B�s arrival.

17. Amendments to the contract shall be negotiated by both parties and agreed on in written form only. Any agreement reached orally is not legally binding.

18. This annex is part of the employment contract and is legally binding.

19. When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$500 to 2000 (or equivalent in RMB).

[Anda]

For the money it is okay. Grab it while it is being offered if you are new to the game. The one thing however seems to be that you don't get paid for holidays. That could mean three months a year. So if this is the case then it is not that great a job but still far from the worst. It means that you would have to look for holiday work at places like language institutes etc that run holiday courses.

So the costs for the three months could come out of your savings including rental etc.

[Tsuris]

[kev7161]

I have a VERY similar contract - - hmmm. In my case, the first clause (and some other clauses) is stating come to school on time, do your work well, leave after your last class is over and you've prepared for the next day's lessons. If you're sick, be sick (esp. if working with smaller children it's going to happen from time to time), but make sure you're not "faking it" too often or the school will get suspicious. If you need to take a day off for personal reasons, fine, just let the school know but the school's not going to pay you for a personal day.

My work week is for up to 35 hours a week (lessons plus prep time) but I rarely work beyond 31-32. I don't see where it says they won't pay you for holidays. My school certainly pays me in full for all holidays (including that almost month-long Spring Festival). When I started working for my school, I was paid 10,000rmb a month but I got free off-campus housing (as opposed to a 1500 living allowance) and up to 1000 a month in utilities. I've NEVER been billed for a utility in almost 3 years.

I like my school because they don't constantly look over my shoulder. I mean, they come in from time to time to "show off" our cool classroom and our ultra-smart students but rarely am I observed as I was in my first "green" year. I have a LOT of flexibility and free-rein - - not that I take advantage of it.

I personally feel the OP would be pleased at a school with the compensation and regulations the school is offering.

[Anda]

I read the word campus somewhere so I though that it could be a university but it reads like an institute. Anyway I just leave a question on what the holiday package is?

I read it like kev7161 does and see it as a good job provided you do your work properly.

[tw]

This contract looks very much like that for a language training centre, most probably in southern China.

The lack of holidays is a concern and another indication it is a language training centre. Holidays that other Chinese teachers enjoy? Well, that could mean as few as a month in a calendar year, if the school only gives three days off for Spring Festival. Looks like no day off for Christmas if you accept this contract.

Don't be fooled by the "20 teaching hours"! The "other activities" can all add up, making your work week a possible 40-hour work week, which means you will only get 68.75 RMB per hour, or 5,500 RMB a month teaching 20 hours a week.

Last but not elast, the contract states that you will be paid twice in one month, but it doesn't mention how the income tax will be calculated. Will they calculate it based on each payment, i.e. 4,400 RMB (income-tax free) and 6,600 RMB, or will they calculate the income tax based on 11,000 RMB? The tax rate for 11,000 RMB is different and higher than that for 6,600 RMB.

Personally, I would not accept this offer.