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Xian Kid Castle contract

 
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Pilot82



Joined: 22 Mar 2008
Posts: 150

PostPosted: Fri Aug 01, 2008 1:15 pm    Post subject: Xian Kid Castle contract Reply with quote

See Topic......Should I accept....Does anyone here work/worked for Kid Castle. Any good/bad experiences would be helpful. Is the cost of living fairly cheap in Xian.

They provide housing although I'm not so privy to the 1000.00 deposit fee and paying for own bills, gas, water, heating, electricity, cable, internet, phone, and house managing fee, (once a month or every 3 months) If I took the 4800 RBM deal, does it leave any room for saving on money? I'm trying to strike a balance of work and relaxation here.

Any input would be appreciated....


EMPLOYMENT AGREEMENT
BETWEEN

Kid Castle Pre-teenagers English Training School
of

_______ Xi�an ________
(Xi�an, Baoji, Xianyang), Shaanxi Province, People�s Republic of China
AND
___ _
(first name) (last name)


GOVERNMENT CONTRACT NUMBER:

Any discrepancies between the government contract and the Kidcastle terms,the government contract will be upheld, but all other non-affected terms within the Kidcastle portion will stand。

Article 1:PARTIES INVOLVED
1.1 The parties to this agreement are:
a. Kid Castle Pre-teenagers English Training School (hereinafter referred to as Kidcastle) as the employer and;
b. __ _____ _ (hereinafter referred to as the employee).

1.2 The governmental parties to this agreement are:
a. The State Administration of Foreign Experts Affairs, as a regulating party (hereinafter referred to as FEA).
b. The ShaanXi Provincial Public Security Bureau, as an observational party (hereinafter referred to as PSB).
c. The ShaanXi Provincial Foreign Experts Bureau, as an administrative party (hereinafter referred to as FEB).
d. The ShaanXi Provincial Foreign Affairs Office, as an administrative party (hereinafter referred to as FAO).

1.3 This agreement is entered into on the understanding that Mrs Xu YaLan (Mrs. Lancome) as Principal of Kidcastle,has the authority to act for and to enter into employment agreements/contracts on behalf of Kidcastle.

1.4 The parties to this agreement acknowledge that it is an employer-employee relationship between the named parties (1.1) and is governed by Chinese law.



Article 2:CONTRACT DURATION
The duration of this contract is from _____________ to ______________. It may be extended in writing for a further period as mutually agreed by the employer and employee. The FEB and the PSB must be notified of any such extensions and VISA(s) must be promptly rectified.

Article 3: EMPLOYEE OBLIGATIONS
The employee undertakes as his/her obligation under this agreement/contract to;
3.1 Enter China with a valid working visa.
a. Kidcastle will provide necessary documents: Kidcastle job Reference Memo, Invitation Letter from FAO and a Work Permit from FEB.

b. All employees will be required to take a standard medical check,arranged by Kidcastle, in China within the first 7-10 days. This check is required by law in order to obtain relevant permits / visas etc. The cost of the check is payable by the employee (approx ¥350.00).Kidcastle can cover this cost at the discretion of the management and arrange for this cost to be deducted from the first month�s wage.

c. It is Kidcastle�s responsibility to apply for a Residence Permit for the employee upon arrival. Kidcastle is responsible for expenses relating to the application of the Residence Permit and Work Permit in China. It will be the employee�s responsibility to pay for the extension of the working visa if his/ her passport expires during the contract term.

3.2 Understand that according to regulations stipulated by the FEA and upheld by the provincial authorities,teachers may no longer enter China with a tourist VISA for the purpose of work. Such tourist VISA(s) will not be approved for transfer to work VISA(s).

3.3 Work under the direction of Kidcastle as a teacher primarily at the _________ branch for the duration of this initial agreement but the employee acknowledges and agrees to work in other locations or branch schools as required. Traffic fees will be reimbursed provided a receipt is given upon request.

3.4 Approach his/her duties as a Teacher in a professional manner and provide assistance to the best of his/her ability in the teaching of English as a second language to all students of Kidcastle and/or affiliated organizations.
a. Cooperate fully with all staff of Kidcastle on a day-to-day basis.
b. Accept direction from senior staff of Kidcastle.
c. At all times, comply with the requirement of his/her duty statement to the best of his/her ability.
d. Do not partake in the consumption of alcohol during or prior to normal operating hours of Kidcastle schools.
e. Do not behave in any manner that would bring discredit on either the employer or Kidcastle

f. At all times treat school property and accommodation facilities in an acceptable manner.

g. Read and understand all documentation provided by Kidcastle. This will include rules and regulations, policies and procedures, company history, corporate culture, teacher training materials, and anything else deemed necessary.

h. In the event of the employee abandoning his/her employment, he/she will forfeit all entitlements due, with the exception of salary up to the time of such abandonment of his/her employment, minus any fines levied. Such as: phase bonus, airfare, and expense of application of the Residence Permit and Work Permit. If the bonus was paid it will be deducted from the last pay check.

i In the event of early termination of contract the employee will be required, due to government regulations, to bring their passport to the local PSB office, with a Kidcastle representative, and cancel their VISA(s) and Resident Permit(s) provided by Kidcastle.

Article 4: EMPLOYER OBLIGATIONS
4.1 Salary, Allowances and Bonus

a. A salary will paid the teacher from ¥4800.00 to ¥6500 per calendar month according to the number of working hours the teacher chooses, free of Chinese income tax. Details as follows:

 Teacher who covers 8 classes, no more than 16 teaching hours and 6 office hours a week, he / she will be paid ¥4800.00 per calendar month, the teacher has two days off a week;
 Teacher who covers 9 classes, no more than 18 teaching hours and 7 office hours a week, he / she will be paid ¥5200.00 per calendar month, the teacher has two days off a week;
 Teacher who covers 10 classes, no more than 20 teaching hours and 8 office hours a week, he / she will be paid ¥5400.00 per calendar month, the teacher has two days off a week;
 Teacher who covers 11 classes, no more than 22 teaching hours and 8 office hours a week, he / she will be paid ¥5800.00 per calendar month, the teacher has one day off a week;
 Teacher who covers 12 classes, no more than 24 teaching hours and 8 office hours a week, he / she will be paid ¥6200.00 per calendar month, the teacher has one day off a week;
 Teacher who covers 13 classes, no more than 24 teaching hours and 8 office hours a week, he / she will be paid ¥6500.00 per calendar month, the teacher has one day off a week;
 RMB2000.00 completion bonus for the teacher who chooses a 12 month, 6 day working week after his / her contract finishes.
 RMB 800.00 completion bonus for the teacher who choose 6 month 6 day working week after his / her contract
 RMB2000.00 will be paid for teachers who choose to sign another 12 month contract.
 RMB800.00 will be paid for teachers who choose to sign another 6 month contract.
 Working hours is include teaching hours and all other duties (preparation, marking, planning, testing, demo classes etc)
 Postponed paying the salary to the normal working day if the pay-day falls on a public holiday.

b. The first 2 months (60days) 90% of regular salary will be paid as probation. Upon successful Evaluation of teacher performance his / her salary will increase to 100%.

c. All contracts are based on either a 5 day week or a 6 day week. Office hours duties includes (preparation, marking, planning, testing, demo classes etc.) Missing hours will required to be covered by other modality (cover classes, teach at cooperate schools, etc.)

d. Payment of salaries on a monthly basis by the 10th of each month. Such payments will deposite into a nominated account within China. The management of Kidcastle will assist the employee in converting salary paid, to foreign currency nominated offshore bank accounts, during the term of the contract. Bank transfer fees will be the responsibility of the employee. An appropriate banking institute will be chosen by Kidcastle and assistance will be provided to the employee in opening the necessary bank account.

4.2 Medical insurance
Suitable medical and travel insurance for the duration of this contract should be arranged by the employee before departure to China. Kidcastle will provide minor health care for the employee while employed at Kidcastle. Kidcastle will provide necessary support to our employees when medical attention is required. Kidcastle is not responsible for the cost of major medical expenses or repatriation. In the event that Kidcastle need to contact a family member,next of kin,please provide a name and contact details below:


4.3 sick leave
a. Paid sick leave for a maximum of 5 days (28 hours), for a 12 month contract. Paid sick leave for 2 days(14hours) for a 6 month contract. With the requirement of a medical prove from doctor after two (2) days absence from duty for medical reasons.
b. In the event that an employee is absent from duty for ten consecutive days or more, due to illness or injury,then the employer reserves the right to review this agreement/contract on medical grounds.
c. Similarly if the employee is absent for an excessive number of individual days without medical certificates, then the employer reserves the right to review this agreement/contract on medical grounds.
d. For contracts less than 6 months the number of paid sicks days will be prorated appropriately.
e. All sick days are deducted from your monthly salary, to be reimbursed upon completion your contract.

4.4 Airefare
 Up to ¥9000 international travel airfare reimbursed on 12 month contract at the end of contract.
 Up to ¥6000 international travel airfare reimbursed on 10 month contract at the end of contract.
 Up to ¥4000 international travel airfare reimbursed on 6 month contract at the end of contract.
 Less than 6 months will not get international airfare reimbursed.
 All airfare reimbursements are paid upon completion of your individual signed contract term. Failure to complete your contracted term will result in your airfare being forfeited. Any changes to this rule are at the discretion of the management.

4.5 Apartment
a. Provide suitable apartment style accommodation including cooking and western toilet facilities near the school of appointment.

b. The employee MUST pay a security deposit (¥1000.00 which can be deducted from wages over the first 2 months.) The deposit will be returned upon inspection of property at the end of the contract. In the event that an apartment is left in an unsatisfactory state the deposit is forfeited, any damages that exceed the deposit amount will be the responsibility if the employee.

c. The employee is responsible for all bills to include gas, water, heating, electricity, cable, telephone, internet access and housing management fee (once a month or every 3 months).A Kidcastle representative will assist with the initial paying of these bills. Interest will be charged by the Housing Management Office where they live if he / she pay the bills late.

d. All the apartments have 2 bedrooms and single persons will be expected to share with another teacher. In the event that a person wishes to live alone a single persons supplement will be deducted from their wages (approx ¥750.00 per month depends on the rent of the apartment.)

If the Employee wishes to be responsible for finding and contracting his/her own accommodation in the city where the Employer is located up to ¥750.00 housing allowance will be paid monthly. If the employee would like to move out of the apartment which is offered by the employer for personal reasons 2 month notice must be given otherwise the housing allowance will not be paid till expiration of the apartment rented by the employer.

e. Couples will not share an apartment with the others. In this case the couples should both work in Kidcastle, for foreign teachers only.

4.6 Personal Leave
a. Personal leave is acceptable providing you give 30 days notice to the school manager. A maximum of 5 days leave for a 5 day week and 6 days leave for a 6 day week is offered. This is not compulsory.
b. Failure to provide notice, or, more than the allocated days are taken you will forfeit your bonus. The airfare and housing allowance will be affected by personal leave.
c.. Relevant housing allowance will be deducted from his / her month salary and will be returned when the employee makes up the lessons missed in his / her personal leave. Pro rota amount of the airfare will be deducted unless the missing lessons were made up before the end of the contract or the missing days are made up at the end of the contract..
d. Compassionate leave entitlement of up to two weeks (14days inclusive) is given to all employees. You will not be paid for this leave


Article 5: HOURS OF DUTY

5.1 The normal hours of operation for a school week are between 5pm to 9pm, Tuesday to Friday. Teachers are required to work on weekends, as Saturday and Sunday are the Schools main operating days. Weekend operating hours are between 9am-9pm or 8am-8pm depending on the school. Teachers are expected to provide the required number of teaching hours and office/preparation hours as per their contracted number of days.

 All teachers are expected to arrive at their designated school at 5:00pm and leave upon completion of classes or when the school closed in week days, depending on individual schools working hours.(The arriving and leaving time can be changed by Daylight saving time in summer)
 All the teacher are expect to arrive at their designated school 1 hour before his / her first class and leave when he / she finished all his / her duties which given by the branch manager or his / her partner within the working hours on weekends. The teacher of last class of their branch timetable can be leave when the lesson finished.
 It is a teacher�s responsibility to work their required number of hours on all working day.


5.2 Punctuality: Kidcastle appreciates good punctuality. In the event of continued lateness the following conditions apply. In each contract period up to 5 times of lateness or early departure with reason will incur no penalty, more than 5 times of lateness or early departure will incur a forfeit as follows:
 Up to 10 minutes of bad punctuality will incur a ¥30.00 fine.
 Between 10- 30 minutes of bad punctuality will incur a ¥50.00 fine.
 Over 30 minutes of bad punctuality will incur a ¥100.00 fine.
 Being absent without leave will forfeit ¥500.00 per day.

Article 6: TEACHER CLASSROOM INVOLVEMENT
The employer expects that employees will be involved in the preparation of lessons and the delivery of such and attending to other matters associated with the teaching of English, as and when necessary. They may also be called upon to assist Chinese Speaking English Language Teachers (CT).

Employees will be asked to take part in activities such as singing, dancing and other forms of school activities as and when the curriculum requires. Any such requests should be complied with, within reasonable grounds.

The employee may also infrequently be required to undertake additional teaching or participate in promotional activities held by Kidcastle. This may entail interviewing new staff, demonstrative classes and-or other activities in/out of class for the purpose of advertising.

Article 7: EXTRA CURRICULAR ACTIVITIES
Employees will not undertake to become involved in any teaching activities other than those required by the host school, or the employer, whether for reward or otherwise, without the written authority of the employer. Deviation from this term may result in revocation of all working and living permits and effective deportation.

Article 8: TERMINATION

 If for any reason either party to this agreement/contract desire that it be terminated, the party seeking such termination must provide forty-five (45) days written notice to the other party.

 This requirement does not affect the employer�s right to terminate the agreement/contract of the employee if behavioural conditions outlined in this agreement/contract are breached.

 If this contract is terminated for any reason, the employee must vacate the apartment provided by Kidcastle within 5 days. The employee will pay for all housing costs up to the date of the apartment being vacated.

Article 9: RENEWAL OF CONTRACT AND HOLIDAY PERIODS

There are 9 national holidays during any given year. They are as follows:

 New Year�s day: The 1st of January. Off days can be included in the holiday break
 Winter school holidays: Three days are taken in January or February, dependant on the Chinese lunar New Year. Off days can be included in the holiday break.
 The May Day holidays: 1 day commence on 1st May each year. Off days can be included in the holiday break. All schools do not necessarily have the same length of holiday.
 National Day: Three days from the 1st of October are granted as school holidays. Off days can be included in the holiday break.
 December 25th: One day holiday for foreign teachers. Off days can be included.
 Hereinbefore national holidays are paid.
 If the government chooses to change the holiday dates the school will notify the employee, minimum 3 days, the employee will be expected to work as request.
 If any reason the employer offers any extra holiday, the employee will have the option to make up the missed classes with no change to his/her salary. If classes can not be made up your pay will be affected as per number of classes missed.

This agreement may be renewed and or updated under the same or renegotiated conditions for a nominated period if all parties agree.
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Adeem



Joined: 02 Jun 2007
Posts: 163
Location: Where da teachin' is

PostPosted: Fri Aug 01, 2008 2:21 pm    Post subject: Reply with quote

Kid Castle, in Xi'an at least, is LEGENDARILY dodgy. I don't say this lightly. Avoid.
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Pilot82



Joined: 22 Mar 2008
Posts: 150

PostPosted: Fri Aug 01, 2008 2:45 pm    Post subject: Reply with quote

Could you further elaborate for me....
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Moon Over Parma



Joined: 20 May 2007
Posts: 819

PostPosted: Fri Aug 01, 2008 3:23 pm    Post subject: Reply with quote

Security deposit = bad news. It's bullshit. Never sign a contract with "security deposit" in the contract. They may try to tell it's "normal," but it is not. You shouldn't have to pay for anything once you arrive. All school business should be covered by the school.

Find out where in Xi'an the school is. You could be working way out in Lintong (near the terracotta warriors), within the walled city center, or in a fringe suburb.
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North China Laowei



Joined: 08 Apr 2008
Posts: 419

PostPosted: Fri Aug 01, 2008 3:39 pm    Post subject: See Below Reply with quote

I consider myself somewhat of a China veteran and frankly, this contract

well, it's not an employment contract all

it's a contract for an indentured servant.

There are a good number of jobs to be had in Xi'an and surely you should pass on this as quickly as your finger can hit the "delete' button.

Then again, you may not, you may accept it, and then..

Truly, kind friend, pass on it, you don't even need to make excuses to them. Just "no thank you".

NCL
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Fri Aug 01, 2008 4:03 pm    Post subject: Reply with quote

I agree with NCL, this is a bad contract. The things that are dodgy are:


Quote:
The cost of the check is payable by the employee (approx ¥350.00).Kidcastle can cover this cost at the discretion of the management and arrange for this cost to be deducted from the first month�s wage.


Why should you have to pay for the medical?

Quote:
In the event of early termination of contract the employee will be required, due to government regulations, to bring their passport to the local PSB office, with a Kidcastle representative, and cancel their VISA(s) and Resident Permit(s) provided by Kidcastle


Right, what government regulation is this?

Quote:
It will be the employee�s responsibility to pay for the extension of the working visa if his/ her passport expires during the contract term.


Since when do they issue visas beyong the passport validity date?

Quote:
The employee MUST pay a security deposit


Is this even legal?

Quote:
There are 9 national holidays during any given year.


Maybe I'm wrong, but I thought there were 11.

I'd pass on this if I were you.

RED
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Pilot82



Joined: 22 Mar 2008
Posts: 150

PostPosted: Fri Aug 01, 2008 5:28 pm    Post subject: Reply with quote

Well with all these less than favorable comments, I think I will pass, how'd they get such a bad rep. Thx for the input.
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letchluther



Joined: 11 Jul 2008
Posts: 22

PostPosted: Fri Aug 01, 2008 11:26 pm    Post subject: Reply with quote

Run Forest! Ruuuuuuuuuuuuuuuuuuuuuuuuun!




_____________________________

To sign a contract with that school is to invite certain catastrophe. Is it the Kid Castle in Baoji or Xian? There are three or four and none of them are worth spit.
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Song&Dance



Joined: 04 Jul 2008
Posts: 176

PostPosted: Sat Aug 02, 2008 12:09 am    Post subject: Reply with quote

To answer the OP's initial question, Xian is a popular tourist city and hence expensive, unless you are willing to live like a hibernating bear.
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Moon Over Parma



Joined: 20 May 2007
Posts: 819

PostPosted: Sat Aug 02, 2008 1:43 am    Post subject: Reply with quote

Xi'an is not particularly expensive when compared to Beijing, Shanghai and much of Zhejiang province. I looked into this a couple of months back and have been to the area. I'll compare it to areas I know well in Zhejiang province:

Buses - 1rmb for the most part. 5 jiao for the smaller ones. Taxi flag falls at 6rmb. Good apartments within the city can be had for under 1500RMB a month. The air pollution is particularly nasty. Noodles and bread replace rice as regular staples. It is ethnically diverse for a Chinese city (Hans, Uigyurs, Hui, etc.). All fruits, vegetables, meat and poultry were far cheaper than similar cities in Zhejiang province, as well as what is on offer in Shanghai. Shanghai, of course, has more diversity in their medium-sized and large supermarkets. I think you'll have to search around for some items in Xi'an: that's the impression I got.

100RMB could go a lot further in Xi'an than in cities of equal size in Zhejiang province. Even many imported foodstuffs were a few RMB cheaper than what was on offer in Ningbo, Wenzhou, Hangzhou and Taizhou.

Beers at some pubs run 15rmb for a pint (the local Tsingtao Beer-financed offering is called 'Hans," and it's alright. Hans draft is at least 4.0% beer: a big step up from the 2-3% beers that make up most of the domestic offerings), compared to 20 and up I've experienced in Hangzhou, Wenzhou and Ningbo.

I was actually able to grab large portioned meals of beef or lamb noodles, two vegetable sides and the local orange soda for 10RMB in Xi'an. The noodles were freshly made in front of me. Shop was sanitary.

In Wenzhou and Hangzhou, the same type of meal (nowhere near as fresh or delicious, for the most part) would have run me 15-20RMB, at least.

I found DVDs to be around the 6-10 RMB spectrum. I noticed electronics were marked cheaper than in Zhejiang. That helps if you're unable to bargain for stuff like DVD players, home theater speakers, TVs, PMPs, etc., but I'm starting to enjoy the bargaining process.

Its train station is a hell-on-earth, though. Not in pricing. Just in human traffic. It's like walking into the shopping mall from Dawn of the Dead. A sea of people shambling about.

I walked away with impression Xi'an isn't particularly astronomical. A job offering decent hours (as in: not too many) and a salary of 6000RMB a month; I think you could live pretty comfortably as a single person over there.
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