Job Discussion Forums

[CJD]

Hey Guys. I have an offer from a private university, and they sent me a contract along with the school's own appendix. This will be my first time teaching abroad, and I would be very grateful if some of you could help me look over the contract and let me know if there are any obvious problems. The contract was issued to the school which apparently has no say in it, and the appendix is the school's own terms.

Here's the appendix

1．Party B shall fulfill the responsibilities of the teaching position and set a good example for his/her students. Party B shall also respect all the rules and regulations of Party A and participate in various activities organized by Party A.
2．Party B�s salary is paid on a monthly basis. On the basis of the school calendar, his/her required teaching load is 16 hours per week with 2 office hours. If Party B�s actual working load is less than the required teaching load, he/she will be paid according to the actual teaching periods he/she has fulfilled.
3．Party B is entitled to have certain paid days of holiday as well as some paid holidays arranged by the Chinese government.
4．Under the request of the teaching plan, Party B can teach extra hours (within a reasonable limit) if Party B is willing to teach more. The rate for the extra hours will be submitted to the Personnel Division for approval on the basis of the content of teaching and paid by Party B�S department. Normal shifts in teaching hours will not be considered as extra teaching hours.
5．Party B, under a one-academic-year contract is entitled to a tour-allowance of 2200 Yuan RMB in cash.
6．Party B, under a one-academic year contract is entitled to a one-month vacation between the two terms with full payment of his/her monthly salary. If the contract is renewed for another academic year, Party B will have another one-month vacation pay between the two academic years.
7．Party B is entitled to an insurance of serious diseases which need hospitalization. Those who are not included in the Regulations of the Insurance, for example those whose ages are over 60 are not entitled to personal accident insurance.
8．After the completion of a one-academic-year contract, Party A will provide a round-trip ticket between Xi�an and Party B�s home with a direct and reasonable route. If Party B dose not want Party A to purchase an airline ticket, Party B has the option to be paid, in RMB cash, the amount equivalent to the round-trip airline ticket based on the price offered by a Chinese Travel Agency. If Party B wants to buy the ticket by himself/herself, Party A will pay them according to the lowest price confirmed by the travel service.
9．Party B is entitled to free accommodation for himself/herself. Party B should take good care of the teaching and living facilities provided by Party A. If the facilities were purposely damaged, Party B should compensate according to the cost. Party B should be responsible for his/her own medical care, meals, physical examination, visa, resident permit, telephone bills, and expenses incurred from his/her relatives� or friends� visits or other personal matters.
10．Party B is not permitted to render service elsewhere or hold concurrently any post unrelated to the work agreed upon with Party A.
11．Party B is responsible for his/her own money and private articles; Party A is not responsible for any loss of or damage to Party B�s money and private articles.
12．The school head has the right to make adjustment to any items not specifically addressed within this Appendix as well as the right to explain the regulations concerning the Appendix.


And a few specific points in the other contract which stuck out to me:

''After the probation period, in the contract period, if the host institution finds out that the employed part refuses to follow the reasonable guidance and management or don t teach the class seriously, the host institution has the right to terminate the contract, and it needn�t to pay the breach penalty and the expense of leaving
China.'' - Doesn't this seem a bit too subjective? It makes me think that they could fire me at any time without much of a reason and not worry about breaching the contract.

Here's the whole contract - it's probably one that you have seen before

Appendix of Standard Engagement Contract No. 0071929

I. Work Assignment
1. The employed party is required to put in 18 class hours a week to teach the first and second year students at the foundation stage---both English majors and non-English majors.
2. The employed party had better help work out a reasonable set-up for oral and composition class catering to English majors with different English language attainments from different backgrounds. They need as much rigorous training and practice as possible to develop communicative competence. They long for various kinds of classroom activities and outdoor activities to relax themselves in learning.
3. The employed party might as well provide occasional lectures for non-English majors based on an overall consideration and rational estimation of the current English level of the students.
4. The employed party should adopt effective teaching methodology, which is practicable and applicable to the special situation in a tertiary institution with an existing influence of traditional English teaching methodology.
5. The employed party should prepare teaching schedule and teaching project at the beginning of each term, and hand in the result of the examination to the employing party at the end of each term.
II. The salary treatment
1. Direct payment
The monetary salary is 4000 RMB/month. As the employed party does not live in the campus, so the host institution will pay the employed party 1000 RMB/month as traffic fees. The employing party will pay 70 RMB for each additional class hour above 18 class hours each week. The salary will be paid monthly with RMB from the days of starting work to the expiration of the contract. In case the time is shorter than a whole month, the payment shall be counted by day. The daily wage shall be 1/30 of the monthly salary (the same with February). Payday is on the 9th day of the month following the performance of the previous month s duties, deferred only for public holidays and weekends. No more than 70% of the salary can be changed into foreign currencies monthly. The employed party pays the personal income tax in accord with the Personal Income Tax Law of the P.R. China.
2. Indirect payment
International air ticket (international economy class air ticket for the nearest distance between China and the country of the employed party). Where the host institute provides the employed party with the international air ticket to China, the employed party may purchase the ticket by him/herself, and the expenses will be reimbursed before the expiration of the contract. The employed party should supply the air tickets and the invoice of the airfare, if not, the employing part will not reimburse the expenses.
III. Work Time, Rest and Holidays
1. The work time of the employed party shall be 18 class hours every week. The work date is from to .
2. The employed party is entitled to the following holidays and festivals in China: New Year s Day, Spring Festival, May Day, National Day and other holidays stipulated by laws and regulations
3. The employed party is entitled to the following festivals and holidays corresponding to their nationalities and religions:
Two days for Christmas
4. The party employed in education institution under one academic year contract is entitled to a paid (winter or summer) vacation, and should get 1100RMB vacation fee, no salary during the vacation.
IV. Sick leave and private affairs leave
1. Certificate from doctors for foreigners appointed by the host institution should be presented when the employed party asks for sick leave. If the sick leaves amount to less than 30 days within one contract term (one year or one academic year), the party employed shall be paid with 100% of the salary. In case the leaves exceed 30 days, the host institution has the right to terminate the contract, or, if the contract is not terminated, the 70% of the salary will be paid until the normal work is resumed.
2. Private affairs leave of the employed party shall be approved by the host institution. The host institution will deduct the salary by day. In the contract term (one year or one academic year), the private affairs leaves should not exceed 10 days. The continuous private affairs leave shall be no more than 3 days, and two day s salary will deducted for each day thereafter.
In case of absence from work without the host institution s permission, 3 day s salary will be deducted for each day absent. For serious circumstances, the host institution has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.
As for the case of the employed party s being late for class, if the employed party is late for 15minutes, the host institution will take it as the employed party cancels the class without the host institution s permission. Therefore, the host institution has the right to deduct 100 RMB from the employed party s salary for each teaching hour.
V. The Probation period of the Contract
The probation period of the employed party shall be 60 days. In the probation period, if the host institution finds out that the employed part is unfit for the assignment specified in the contract for reasons of health or professional ability, it has the right to terminate the contract and it needn�t to pay the breach penalty and the expense of leaving China.
After the probation period, in the contract period, if the host institution finds out that the employed part refuses to follow the reasonable guidance and management or don t teach the class seriously, the host institution has the right to terminate the contract, and it needn�t to pay the breach penalty and the expense of leaving
China.
VI. Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations for reasons other than an unexpected or uncontrollable event according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$ 1000(or the equivalent in RMB).
VII. Confirmation and change of every term of the appendix of the standard contract must be stipulated in written form through negotiation between the two parties.
Any oral agreement will be regarded as invalid.
This appendix has equal validity of the standard contract and comprises an integral part of the contract.

Thanks a lot for any advice, it is really appreciated

[cblack76]

Nobody wants to read all of that. Can you summarize the offer and highlight the main points you want to ask people about?

[Mister Al]

Exactly. If you want some help be more specific.

[Hansen]

Possible Conflict here:
Contract
8．After the completion of a one-academic-year contract, Party A will provide a round-trip ticket between Xi�an and Party B�s home with a direct and reasonable route. If Party B dose not want Party A to purchase an airline ticket, Party B has the option to be paid, in RMB cash, the amount equivalent to the round-trip airline ticket based on the price offered by a Chinese Travel Agency. If Party B wants to buy the ticket by himself/herself, Party A will pay them according to the lowest price confirmed by the travel service.

Contra Appendix:

2. Indirect payment
International air ticket (international economy class air ticket for the nearest distance between China and the country of the employed party). Where the host institute provides the employed party with the international air ticket to China, the employed party may purchase the ticket by him/herself, and the expenses will be reimbursed before the expiration of the contract. The employed party should supply the air tickets and the invoice of the airfare, if not, the employing part will not reimburse the expenses.

See a problem?

It may seem clear to you, but the slightest ambiguity can and usually will be turned against you when money is involved. I'm not quite sure what to make of this but I would not want this paragraph in the appendix. The main contract is clear. You get money whether you buy a ticket or not.

A simple sentence saying you must present receipts for reimbursement of air tickets should suffice.

The appendix may be referring to your first arrival and merely emphasizing that you need to present a receipt. Get some clarification and have it spelled out clearly.

Overall, the contract is not bad. If you want is scrutinized professionally, sorry.

[evaforsure]

[Lobster]

Well....

I did enjoy the businesslike contractual language such as "... had better help work out ..." and "... might as well provide ...", but in addition to the potential ambiguities already noted by others, the pay is a whopping 4k for 18 hrs (24 classes?) per week. I would urge you to pass. If you want to persist, make sure the airfare compensation is worded something like "Party A agrees to provide Party B with the sum of X,XXX RMB (after tax) in lieu of airfare reimbursement upon completion of the contract."

What's with this "1/30 of the monthly salary" crap. Who works 30 days per month?

I also see that Section III article 4 states that you "... should get 1100RMB vacation fee ..." Ha! You SHOULD, but sorry, you don't. Have I just become cynical?

On the other hand, you get 30 days of sick leave at full pay! Take them all due to a "nervous disorder" that seems to strike every Monday morning.

RED