Job Discussion Forums

[lchazl]

Hey,

This is a Public Uni in Minhang District of Shanghai.

Note on the Appendix: There is not enough room for me in the Uni's apartment so I've gotta find my own place.

I asked for an allowance of 3000 for housing but he says the avg rent in Minhang is 1000-1500, but of course I want to live downtown, how to get around this?

Thanks!!

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I. Both parties, in line with the principles of legality, fairness, equality, mutual agreement, honesty, and trustworthiness, on a voluntary basis, and in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill all the obligations stipulated hereinafter.

II. The term of this contract shall be from September 03, 2009 to July 13, 2010, with the first month set as probation period.

III. Tasks assigned to Party B (see the appendix).

IV. Party B�s monthly salary shall be RMB10,000(before tax), of which 50% can be converted into foreign currency on a monthly basis. Please see the appendix for terms and conditions on other remunerations and benefits concerned.

V. Party A�s Obligations:
1. Party A shall inform Party B of relevant laws and regulations of the People�s Republic of China as well as any institutions and administrative stipulations concerned with Party B�s employment as herein provided.
2. Party A shall conduct regular supervision, inspection and review of Party B�s working performance.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall deploy fellow staff for Party B for coordination affairs.
5. Party A shall pay Party B�s salary as scheduled.

VI. Party B�s Obligations:
1. Party B shall observe relevant laws and regulations of the People�s Republic of China and shall not interfere in China�s internal affairs.
2. Party B shall observe any institutions and administrative stipulations concerned with its employment, and shall be subject to Party A�s arrangements, supervision, inspection and review of his/her working performance. Without Party A�s consent, Party B shall not conduct any part-time job assigned by any other party.
3. Party B shall fulfill the tasks assigned to him/her with high standards within the prescribed timeframe.
4. Party B shall respect China�s religious policies, and shall not conduct any religious activities incompatible with his/her status as a foreign expert.
5. Party B shall respect Chinese people�s ethics and customs.

VII. Revision, Cancellation and Termination of the Contract:
Both parties shall abide by the contract and shall refrain from revising, canceling, or terminating the contract without mutual consent.
1. Revision of the contract. This contract can be revised with mutual consent. Before both parties have reached an agreement, the contract shall be strictly observed.
2. Cancellation of the contract. This contract can be canceled with mutual consent. Before both parties have reached an agreement, the contact shall be strictly observed.
(1) Under the following conditions, Party A shall have the right to inform Party B in writing of the cancellation of this contract:
a. Party B fails to fulfill this contract or the obligations and agreed conditions as herein stipulated, and fails to amend his/her actions after Party A has pointed it out;
b. On the basis of the physician�s diagnosis, Party B fails to resume normal work after s sick leave for a period of successive 30 days.
(2) Party B has the right to inform Party A in writing of the cancellation of this contract under the following conditions:
a. Party A fails to provide Party B with necessary working and living conditions as stipulated in this contract:
b. Party A fails to pay Party B as scheduled.
(3) In case either party asks to terminate this contract, it shall give a 30 day notice to the other party in writing, and the contract shall only be terminated after 30 days.
(4) This contract can be terminated upon mutual agreement by both parties.
3. Termination of the contract.
(1) This contract shall be terminated once it expires.
(2) This contract may be terminated with the mutual consent of both parties, and it shall be strictly observed until both parties reach an agreement otherwise.

VIII. Breach Penalty
When either party fails to fulfill any part or all of the obligations as stipulated in this contract, that is, in the event of breach of the contract, the said party shall pay a breach penalty of US$ 800 to 3000 or equivalent to 3 to 10 times Party B�s monthly salary in RMB. If both parties consider it necessary to determine an exact sum of the breach penalty, or to determine a breach penalty higher or lower than the above-mentioned amount, it shall be explicated in the appendix of this contract.
When Party B claims to cancel this contract due to force majeure, it shall produce certifying documents issued by competent authorities; after the contract is cancelled with Party A�s consent, Party B shall bear the traveling expenses thus incurred; and when Party B fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in this contract.
When Party A claims to cancel this contract due to force majeure, and the contract is thus cancelled with Party B consent, it shall bear Party B�s traveling expenses thus incurred; and when Party A fails to provide any valid reason to cancel this contract, it shall bear the traveling expenses thus incurred to Party B and pay the breach penalty to Party B as stipulated in this contract.

IX. The appendix of this contract forms an indispensable part of this contract and shall have the same legal effect with the text of this contract.

X. This contract shall take effect upon being signed by both parties and shall be automatically terminated upon expiration. When either party requires signing a renewed contract, it shall forward its request to the other party 30 days prior to the expiration of this contract, and both parties shall sign the new contract through consultations and mutual consent.
Upon the expiration of this contract, Party B shall bear all the expenses incurred during his own stay in China.

XI. Settlement to Dispute
Any dispute in connection with this contract shall be first of all settled between both parties concerned through friendly consultation. In case no settlement can be reached through consultations or intermediation, both parties shall submit the said dispute for arbitration with local personnel authorities or the local labor arbitration system. In case either party refuses to accept the arbitration award, it may bring an action before the people�s court.
This contract is signed by both parties at Shanghai(location) on this June 29, 2009(date). This contract is in duplicate, each in both Chinese and English versions, and both shall take effect upon being signed at the same time.


Appendix:
1． Party B�s monthly salary will be 10000RMB(20 lessons per week at most and each lesson = 45minutes), 50% of which can be converted into foreign currency monthly. No salary in Summer and Winter Vacation. Salary should be paid at the end of every month. Tax should be paid by Party B. Party B can get a bonus of 4000RMB at the end of the each semester if qualified.2．

Party B should pay 1000RMB per month if he/she decides to live in Foreign Teacher�s Apartment of Party A. Party B should pay the expenses of the water, electricity and gas he/she uses in the foreign teachers� apartment.

[Hansen]

Contract analysis is bunk. Your school will give you what it feels is right, regardless of whatever lies they might need to tell in order to get you to the school. If they don't like you, or find someone better, they may kick you to the curb.

A contract should provide the number of working hours per month and the salary that goes with that number.

It should offer housing and utilities.

So what if they provide free internet access? Chances are it will be a lousy connection and you will have to pay for a decent one.

I have a minimalist contract now. It provides for year round pay, housing, utilities, and the number of teaching periods. Nothing else. The other things were a constant source of dispute, misunderstanding, and bad feelings. I pay my own internet. I get my own documentation as far as possible. The school provides free bottled water. I insist on a phone with international access with a phone card. Direct international calling requires a several thousand RMB deposit. Forget it.

The fewer items in the contract, the less to hassle about. Get a salary comparable to what you would be getting with all the bells and whistles, i.e., air fare, internet access, free Chinese lessons.

Keep in mind that the people with whom you deal are your enemies. They will try to cheat you. Act accordingly.

[wangdaning]

If internet is a real issue you should confirm the school will allow for private lines. My current location will not allow purchasing of private internet. The internet is damn slow if used their way. It is a good thing to know though. I would be willing to pay for private internet (and would have liked to know beforehand), so check if that is an option.

[Hansen]

There is no good reason they should deny you the freedom to pay for a decent connection, if one is available.

I must have a decent connection because of business interests elsewhere. A few years ago I told the school that I was sorry but would have to leave because my responsibilities required a working internet connection. They had one up in a few days, after months of excuses, once I told them and really planned to leave.

It just depends on what you can realistically tolerate. No phone or working internet connection are intolerable.

[deputamadre]

Your breach penalty could potentially be 100,000 RMB. That seems a bit high. Also, where does the OP mention internet?

[ymmv]

Down near the end of the Appendix:

[lchazl]

[lchazl]

[TangWolun]

Hello all

I wonder how many of you have got 'Skype' call service. Hansen, have you heard how cheap it is to ring OS any time anywhere.

[Hansen]

Skype is not an international connection theough a Chinese phone company. Granted, there are numerous alternatives to international phone service capability on the phone in your flat; however, FTs are not always informed of reasonable options.

International calling cards work fine. 17910 cards sell at the rate of three 100RMB cards for 90-100RMB. I could call California and talk for about 30 minutes for 30 RMB

I'll check out skype. In the past, it wasn't an option. Perhaps now it is.

Thanks.

[danielb]

[ymmv]

[Hansen]

I tried to use Skype a few years ago but it wasn't a good option at that time. I've forgotten why.

Anyway, I got it set up and placed a call today, but my friend was not at home. I'll try again.

Thanks.