|
Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
Trish Flurman
Joined: 28 Jan 2008 Posts: 92
|
Posted: Fri May 09, 2008 4:48 am Post subject: Winter Break Pay |
|
|
Does anyone have a reference to any specific SAFEA regulation regarding the "rules" for what pay is received during the winter break (such as in a university setting) when the contract is for a full year work ?
Is there a "rule" that the normal salary is paid during the so-called holiday time when there are no teaching responsibilities ?
I'm looking at a new job for next term and they want to pay me 2200 RMB for the entire (approximately) 7/8 winter break. If I stay a second year they want to pay 2200 as well for the summer break (generally I can agree with that). They claim each are the supposed travel allowance.
Every university job I had gave full salary for the 2 month winter break.
So, is there a specific rule as to this that I can use instead of signing away my salary for that time ?
I want them to change the contract but they also want to check with SAFEA. I thought I saw, somewhere, that normal salary is to be paid for such an occurrence.
Can anyone point me to something I can quote to them ?
Thanks |
|
Back to top |
|
 |
China.Pete

Joined: 27 Apr 2006 Posts: 547
|
|
Back to top |
|
 |
Mei Sheng

Joined: 15 Oct 2007 Posts: 177 Location: With Yunqi!!
|
Posted: Fri May 09, 2008 12:09 pm Post subject: |
|
|
According to my sources, SAFEA "regulations" are not law; they are merely suggestions. |
|
Back to top |
|
 |
hairuo
Joined: 19 Mar 2006 Posts: 473 Location: Somewhere in China
|
Posted: Fri May 09, 2008 12:19 pm Post subject: |
|
|
SAFEA Regulations are like every other regulation in China, enforceable only when it benefits the entity doing the enforcing. |
|
Back to top |
|
 |
arioch36
Joined: 21 Jan 2003 Posts: 3589
|
Posted: Fri May 09, 2008 1:27 pm Post subject: |
|
|
SAFEA does the have the authority to regulate.
Quote: |
SAFEA Regulations are like every other regulation in China, enforceable only when it benefits the entity doing the enforcing. |
Well, I won't be quite that cynical, though definitely a lot of truth there. i have been to the province bureau 3 times (which is not a good idea if you want to stay a while), and quickly got what I had coming once, another time, had to go back three times, another time the SAFEA office put up a bit of a fight, then said you are on your own, unless you really want to fight and burn bridges
Your trip to the provincial waishiban (often SAFEA) will have the official there calling the school asking why the school didn't pay the winter vacation. Now if your contract specifially said they wouldn't pay you for winter vacation the SAFEA might not argue so hard on your behalf. Otherwise, I would give you 80% chance the SAFEA will get your money for you |
|
Back to top |
|
 |
China.Pete

Joined: 27 Apr 2006 Posts: 547
|
Posted: Fri May 09, 2008 11:29 pm Post subject: SAFEA Dodge |
|
|
"I want them to change the contract, but they also want to check with SAFEA." -- Trish Flurman
Most universities following SAFEA guidelines offer 10.5-month contracts. This saves them a fair bit of money, since they don't have to pay you for the extra 1-2 months each year. Instead, they give you a "travel allowance" and the balance of your airfare so that you can return "home" for a visit. Agree to come back next year, and the process starts all over again. Given this scenario, you should get paid your regular salary over the winter holiday (or, if your contract began mid-year, the summer one).
Local teaching staff are often put on half-pay or worse during both school holidays. A few schools will try to do the same with their foreign teachers; some may try to avoid paying you anything at all. Since your school is generously doubling up on your travel allowance over the summer, I'd ask them where the accompanying return airfare is to be found. If none is in evidence, ask them how you're expected to live in China over the summer (working elsewhere being illegal).
Ultimately, Trish, it's probably not so much a matter for SAFEA as it is a question of what you are willing to put up with in the way of a reduced salary. In exchange for what? A fabulous location, wonderful students, attentive foreign affairs officers, posh accommodation? My hunch is that this job is essentially the same as you could get anywhere else with the standard salary conditions. If they won't change the contract, you should be prepared to look elsewhere. |
|
Back to top |
|
 |
Trish Flurman
Joined: 28 Jan 2008 Posts: 92
|
Posted: Sun May 11, 2008 3:03 pm Post subject: |
|
|
Code: |
7. February is usually the winter holiday with no teaching assignment, therefore Party A will pay Party B subsidy (2200 yuan) instead of salary if it is within the contact time.
8. Following the completion of any contract year (normally from early September until late June of the following year), if the two Parties will not sign a new contract for the following year, Party A will provide Party B with a one-way international air ticket (economy class) to the major airport nearest to Party B�s home or a similar ticket of equal or lower costs to another airport. If Party B does not wish to leave China, Party A will provide Party B with reimbursement to a maximum of RMB 3500 yuan instead of an air ticket. If Party B purchases the air ticket by himself or herself, Party A will reimburse Party B to a maximum of RMB 3500 yuan.
9. Following the completion of one contract year, if both parties agree to sign a new contract for the following year, and provided there are no teaching assignments in July and August, Party A will also provide Party B with a total vacation subsidy of RMB 2200 yuan (with no other salary) for July and August, which will be given to Party B with the first month salary of the new contract year. If Party B plans to return to his or her home country during summer vocation, Party A will offer Party B a round-trip international air ticket (economy class) to the major airport nearest to Party B�s home (or a similar ticket of equal or lower cost to another airport). If Party B does not plan to return to his or her home country, but instead prefers to travel to another country or countries outside of China, Party A will provide the international air ticket or provide reimbursement for this travel with Party B�s September salary, to a maximum of RMB 6000 yuan, instead of an airline ticket. This reimbursement shall be based upon provision of the air ticket receipt and re-entry visa by Party B to Party A. If Party B does not leave China during summer vacation, no air tickets reimbursement will be provided.
|
This is from the contract they want.
They are finding each way to skimp on paying airfare and salary during the holiday. The SAFEA regulations say that teachers are entitled to the Paid winter vacation period but does not say at full salary. I'm hoping to get them to agree to full salary for the winter break - but fully accept the 2200 for the winter break should I return for a multi-year stay.
As you can see, they are quite specific regarding airfare and such. since I'm already in China and have no plans to travel during the holiday, nor do I have any plan to leave the country during the summer holiday I'd lose out essentially .... of course, I could acutally do some traveling and take the reimbursement.
Word given to me by current and past teachers is that this is a great place to work for and the FAOffice is wonderful - I'm just concerned about their specificity on these couple of items.
Either way, they will get back to me and I'll likely take it regardless .... I'm not so picky .... yes, it lowers the overall earnings .... but you certainly don't come to China to be rich.
I guess we all have our own pet-peeves on what is good and bad.
Another point is they indicate 1 day off for Christmas, whereas the "law" is that it is a 2 day vacation and I told them that and they were pretty clearly they give "one day only" ....
Yes, SAFEA regulations are not "laws" ..... but is still the expected rule of conduct.
We'll see how they respond. For me the job is great for pay, location, convenience for life things (shopping, etc). But giving up the a fair chunk of change for the winter break is the only thing I'm hesitating on.
They've given into all my other concerns in the full contract - minor ones at best, but they've negotiated with me quite well and fairly so far.
Thanks for any other reference to the original question. |
|
Back to top |
|
 |
Trish Flurman
Joined: 28 Jan 2008 Posts: 92
|
Posted: Mon May 12, 2008 3:45 pm Post subject: |
|
|
Final update ....
The university agreed to each of my concerns regarding salary, travel allowances, and some other things not mentioned on the forum here.
They still insist that Christmas is a ONE day holiday when the regulation is specific to being a 2 day one for Christmas alone. I couldn't care less; it's just an issue of what they claim the law is and what it really is.
I got everything I wanted with some simple polite playful negotiations. Full salary during holiday and winter breaks, etc. Well, i didn't get the 20,000 RMB per month for working in Jinan but never expected it (yes, sarcasm).
So, peaceful, well-attitude'ed discussions are the way to go !!
Last edited by Trish Flurman on Mon May 19, 2008 12:25 pm; edited 1 time in total |
|
Back to top |
|
 |
Surfdude18

Joined: 16 Nov 2004 Posts: 651 Location: China
|
Posted: Mon May 12, 2008 10:15 pm Post subject: |
|
|
Mei Sheng wrote: |
According to my sources, SAFEA "regulations" are not law; they are merely suggestions. |
The same could be said for all laws in China in the first place  |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling. Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|