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togoornottogo
Joined: 31 Jan 2009 Posts: 5
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Posted: Mon Feb 09, 2009 4:51 pm Post subject: help with contract: anything wrong here? thanks |
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Supplementary Contract of Donghua University
I. The duties of Party B
1. Party B shall assist college-level students in improving English pronunciation and fluency by drawing on various activities and exercises;
2. Party B shall have 16 periods (one period lasts 45 minutes) a week;
3. Party B shall help do some research work, such as proof reading, recording or some other activities, approximately one hour per week;
4. Party B shall deliver the assigned classes on either campus of the present two, the Yan�an Road campus and the Songjiang campus which is about 40 minutes away by school bus from the former one;
5. Party B shall deliver one or two academic lectures during a semester;
6. Given the teaching quality and the students� benefit, Party B shall be notified in a written form within one month by Party A if the students taught by Party B have strong negative feedback about or comments on Party B�s teaching. In that case, Party B is subject to Party A�s investigation and disposal including dismissal of Party B;
7. Party B is subject to the necessary teaching set-up by Party A, especially when Party B does not have enough assigned workload mentioned above;
8. Party B is subject to the teaching schedule planned by Party A in August;
II. The duties of Party A
1. Party A shall provide the monthly salary of RMB5,000 to Party B on the 15th day of each month; it will be delayed till the next workday if the 15th day coincides with weekends or holidays;
2. Party A shall provide Party B with a boarding subsidy of RMB2,000-3,000 a month on the basis that Party B finds the suitable apartment on his/her own, and the boarding subsidy shall be paid along with the salary on the 15th day of each month; it will be delayed till the next workday if the 15th day coincides with weekends or holidays;
3. Party A shall provide Party B with travel subsidy of RMB1,100 each time, twice a year on the condition of a two-semester (namely, ten months) contract between the two parties and the travel subsidy shall be paid at the end of each semester;
4. On the condition of a two-semester contract (namely, ten months) between two parties, Party A shall provide Party B with the specialized medical insurance including major diseases insurance and hospitalization insurance in China. If Party B has purchased the medical insurance abroad which can cover the cost of major diseases and hospitalization in China, Party A does not need to provide the specialized medical insurance mentioned above after negotiation between two parties. All the other cost beyond the specialized medical insurance shall be borne by Party B;
5. On the condition of a two-semester contract (namely, ten months) between two parties, Party A shall provide Party B with airfare subsidy at the amount of RMB8,000 yuan after Party B completely fulfills his/her duties stated in this contract and complete all the other teaching-related work including the reporting of his/her teaching plan and students� grades..
III. Other items
1. Party B shall bear the cost of the physical check if the physical check is necessary for Party A to proceed the paperwork such as the work permit and residence permit;
2. Party B shall inform Party A of his/her asking for sick leave or leave of absence one day prior to the date of leave, in which case Party A deducts RMB100 from Party B�s salary for each period of class. If Party B fails to report his/her leave one day earlier or leaves his/her position without Party A�s permission, which is considered a teaching accident, Party A deducts RMB300 from Party B�s salary for each period and meanwhile Party A is entitled to terminate the contract with Party B who shall take on all the responsibilities caused by his/her breach of the contract;
3. Party B�s probation is 60 days within which Party A is entitled to terminate the contract if Party A presumes that Party B is unqualified for the position in terms of his/her health conditions and professional knowledge;
4. The salary of February (winter vacation) is allowed by Party B to be paid at the beginning of the following semester if Party A is unable to provide it at the end of the first semester of the contract.
Party A Party B
(Signature) (Signature)
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Itsme

Joined: 11 Aug 2004 Posts: 624 Location: Houston, TX
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Posted: Mon Feb 09, 2009 6:59 pm Post subject: |
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III. Other items
1. Party B shall bear the cost of the physical check if the physical check is necessary for Party A to proceed the paperwork such as the work permit and residence permit;
3. Party B�s probation is 60 days within which Party A is entitled to terminate the contract if Party A presumes that Party B is unqualified for the position in terms of his/her health conditions and professional knowledge;
4. The salary of February (winter vacation) is allowed by Party B to be paid at the beginning of the following semester if Party A is unable to provide it at the end of the first semester of the contract.
They seem to have mixed up party A and B here. they should pay for the medical hocus pocus.
The probation thing seems reasonable theoretically but in actuality it could spell trouble for you. The Chinese have this way of pushing you past your 100% level. This is good and bad. Good because you become a better teacher but bad because they make you feel like @#$# sometimes.
Number 4 concerns me the most, however, as it will give you great stress to sit there and wait for your salary to be paid for work already done. They do this to make sure you don't just up and leave while on vacation but tell them that it is really not necessary since both of you are operating under "mutual trust and mutual benefit and mutual cooperation etc" |
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bradley
Joined: 28 Mar 2005 Posts: 235 Location: China
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Posted: Mon Feb 09, 2009 8:51 pm Post subject: |
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| I have a similar situation with my contract renewal. If I renew I'm paid for the summer holiday. However, some teachers just sign the contract, continue to get paid and then quit. My school then said that they would pay after the holiday but in fact they didn't. They just said they would do this. Maybe they said it just to try to stop people from planning to do this. |
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randyj
Joined: 19 Jan 2003 Posts: 460 Location: Nanjing, Jiangsu, China
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Posted: Mon Feb 09, 2009 9:34 pm Post subject: |
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| This contract contains a commendable lack of vagueness, which is a good sign. I personally would insist on their paying for the medical, and also the residence permit processing, the latter being quite expensive. |
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Mister Al

Joined: 28 Jun 2004 Posts: 840 Location: In there
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Posted: Tue Feb 10, 2009 2:48 pm Post subject: |
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| The salary is crap for Shanghai. Other items 1 and 2 are crap as well. They should pay for the medical and no deduction of salary if you make arrangements to 'make up' the classes. Negotiate, negotiate, negotiate. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Tue Feb 10, 2009 4:18 pm Post subject: Re: help with contract: anything wrong here? thanks |
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| togoornottogo wrote: |
| 4. Party B shall deliver the assigned classes on either campus of the present two, the Yan�an Road campus and the Songjiang campus which is about 40 minutes away by school bus from the former one; |
try to have the school arrange your classes at only one campus and as close to your residence as possible. i worked under a similar arrangement to this one above a few years ago and it sucked. 45 minutes on a bus one way. i sometimes had the first class in the morning then nothing till the last class in the afternoon. i usually ended up going home in between which meant about 2.5 hours on a bus on those days. |
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Peter Wales
Joined: 02 Feb 2009 Posts: 63
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Posted: Tue Feb 10, 2009 6:54 pm Post subject: |
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| bradley wrote: |
| I have a similar situation with my contract renewal. If I renew I'm paid for the summer holiday. However, some teachers just sign the contract, continue to get paid and then quit. My school then said that they would pay after the holiday but in fact they didn't. They just said they would do this. Maybe they said it just to try to stop people from planning to do this. |
That's BS. The summer holiday is for the work done, not for the work to come in the next year. |
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Itsme

Joined: 11 Aug 2004 Posts: 624 Location: Houston, TX
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Posted: Tue Feb 10, 2009 7:19 pm Post subject: Re: help with contract: anything wrong here? thanks |
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| 7969 wrote: |
| togoornottogo wrote: |
| 4. Party B shall deliver the assigned classes on either campus of the present two, the Yan�an Road campus and the Songjiang campus which is about 40 minutes away by school bus from the former one; |
try to have the school arrange your classes at only one campus and as close to your residence as possible. i worked under a similar arrangement to this one above a few years ago and it sucked. 45 minutes on a bus one way. i sometimes had the first class in the morning then nothing till the last class in the afternoon. i usually ended up going home in between which meant about 2.5 hours on a bus on those days. |
Right, but from my understanding the contract states either or and not both.
Either or is fine but if they expect you to run back and forth in one day that could make you lose your hair. |
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