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Emailed Contracts

 
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beck's



Joined: 06 Apr 2003
Posts: 426

PostPosted: Sat Jan 17, 2004 3:02 am    Post subject: Emailed Contracts Reply with quote

I have been offered a few emailed contracts to sign. They look good. Should I sign these? Or, should I ask for a contract already signed and "chopped" by the school, in my hand, sent by mail, along with a letter of invitation?

I'm worried that once they have my signature on an emailed contract then I'm off the market and in their hands. Meanwhile, they can look around, knowing that they have me tied up.
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Sat Jan 17, 2004 9:46 am    Post subject: Reply with quote

I signed my current contract by email. The school I work for is good and has honored the contract. You can also print out a copy for yourself. To be on the safe side, ask them to snail mail it or fax it. But many contracts in China aren't worth the paper that they are written on.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Sat Jan 17, 2004 10:58 am    Post subject: Reply with quote

I don't know how to sign an emailed contract unless I print it out and return it by snail mail.

But as far as reliability goes - it's virtually the same, I suppose, than a regular one.
In other words: don't take anything for granted, least of all the legality of it. You will be employed or not. You will know when you have arrived...
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randyj



Joined: 19 Jan 2003
Posts: 460
Location: Nanjing, Jiangsu, China

PostPosted: Sat Jan 17, 2004 12:41 pm    Post subject: Reply with quote

I believe that by asking for a contract "signed" via e-mail a school seeks nothing more than an emotional commitment to a specified set of conditions. The two parties will then actually sign a paper document later.
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Maggot Boy



Joined: 02 Sep 2003
Posts: 12
Location: Chanxing

PostPosted: Tue Jan 20, 2004 12:01 am    Post subject: Contract Reply with quote

Until you receive an employer signed contract - whether by email/other, you have not got an enforceable contract, as the employer has not formally agreed to anything. The employer may in time sign the contract, but if he/she doesn't, you have nothing but the word of your prospective boss.

I would play it safe and require the employer to sign the agreement to formalise his/her offer of employment before your departure - still no guarantees, but you won't feel like a complete chump if you get to China and the employer says things have changed, and gives a different offer of employement.

Good luck!
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Maggot Boy



Joined: 02 Sep 2003
Posts: 12
Location: Chanxing

PostPosted: Tue Jan 20, 2004 11:51 am    Post subject: Emailed contract Reply with quote

Apart from snail mail/fax, you can use a scanner to have the employer signed contract resent via email once you have printed it out and signed it yourself - assuming you are happy with all the terms of the agreement of course.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Wed Jan 21, 2004 5:23 am    Post subject: Reply with quote

The e-mailed contract is not a legal contract. But it is what the school needs to show the education bureau to invite you here legally, etc. When you arive, they must have you sign the valid contract, Chinese and English for each side.

The e-mailed contract does have worth, though. At my current school (supposedly a beter school in henan), when i arrived, they did not have a contract according to promises. I refused to sign. I showed the eduacation bureau what was promised. They said sign the new contract, then we can rightfully arbitrate based on what they promised, and they made the school give what they promised as far as money. Not much luck as far as getting them to give me a new apartment, though.

Four foreign teachers, only one coming back next semester.. very embarrassing for the school.

Also, not having the e-mail contract to be legally valid helps you. If you come here, se that the place is scummy, you have no legal obligation to stay.
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Maggot Boy



Joined: 02 Sep 2003
Posts: 12
Location: Chanxing

PostPosted: Wed Jan 21, 2004 9:04 am    Post subject: Emailed contract Reply with quote

Not sure how you come to the conclusion that an emailed contract that is signed by both parties cannot be legally enforceable?

Appreciate you pointing out how it is any less binding than any other signed written agreement in the eyes of the law, whether it be sent by fax, mail or any other form.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Wed Jan 21, 2004 11:01 am    Post subject: Reply with quote

Contracts in general are not enforceable. How you gonna "enforce" a set of clauses in a foreign country that has no tradition of respecting laws and contracts?
Who would you ask to "arbitrate"?
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