Job Discussion Forums

[Tai_Li]

Hello, just got an offer from a school, and they need me asap. Any thoughts on the contract? Feel free to post any questions, opinions, thoughts, whatever, if you don't feel like it, feel free to move on. Thanks!

CONTRACT OF EMPLOYMENT

________________________________(hereinafter called Party A) wishes to engage the service of Mr. (hereinafter called Party B) as a foreign teacher. The two parties, in the spirit of friendly cooperation, have entered into an agreement to sign this contract and pledge to fulfill conscientiously and comply with all the obligations stipulated in it.

Ⅰ. The term of service is from _September 1st_ , 2010 to _July 15th_, 2011. Both parties will decide if it should continue two months before the contract is due.

Ⅱ. By mutual consultation, the work of the engaged party is decided as follows:

A. To undertake 20 teaching periods per week, 50 minutes each period.

B. To undertake the English training courses for teachers of English, working doctors and some students.

C. To teach English classes for graduate and some undergraduate students, and to help students on English extracurricular activities to improve their English communication skills.

D. To conduct regular English lectures and English corners.

E. To compile English textbooks, to undertake tape recordings and other work connected with the language.

Ⅲ. Demands on the engaged party：

A. To abide by the laws, decrees and regulations of the Chinese government and likewise the working system and regulations of the college.

B. To actively cooperate to fulfill the tasks assigned;

C. To accept the arrangements and directions given by the engaging party about work, not to undertake any job unconnected with the engaging party only under agreement of the engaging party.

D. The teaching will be arranged by Public Education Institute. The engaged party should fulfill each teaching assignment under the direction of the head of Public Education Institute，and according to the contract.

E. The engaged party must fulfill the teaching tasks according to the engaging party�s requirements and must keep the teaching time. The engaged party shouldn�t be late or leave early, nor be absent from class without excuses.

F. The engaged party should ask for a leave from the head of Public Education Institute beforehand if he can not deliver lectures on time. And the engaged party should make up for the missing classes on another time arranged by the Public Education Institute. Any absence from class without excuses will be punished as class-missing.

Ⅳ. Fringe benefits for the engaged party:

A. The engaging party pays the engaged party 5120 yuan RMB by month from the date the engaged party commences to work. The engaged party will be paid by day if working for less than a month. The standard of payment is: monthly salary�30*working days.

B. The engaged party will have holidays as legally prescribed by the Chinese Government. The vacation goes according to the school calendar. And as long as the engaged party worked for at least one year, RMB 1100 yuan per vacation (including winter and summer vocation each year) will be paid to the engaged party as traveling allowance.

C. The engaging party is responsible for procedures and the cost of foreign expert and residence certificates of the engaged party.

D. The engaging party provides the engaged party with free accommodations as described in the �Requirement Form for Foreign Teachers of Inner Mongolia Medical College�. The bills for water, electricity, heating, gas and local telephone calls will be paid by the engaging party. The fee for internet access and long-distance calls will be paid by the engaged party.

E. The engaging party will pay the engaged party 400 yuan RMB each academic year as medical care subsidy. Medical costs caused by unexpected situations will be discussed by both parties according to the relative regulations of the Chinese government and the Departments of Foreign Affairs Office.

F. When the engaged party has worked for at least one year(which included two terms), at the time of termination of the contract, the engaging party will pay RMB 4500 yuan as airfare allowance for a single-trip(economy class) to the engaged party; if the engaging party continued the contract with the engaged party, from the second year ,the engaging party will pay the engaged party 2000 yuan RMB as bonus, in third year, add 1000 yuan RBM, that is to say, 3000yuan RMB, by inference, until the termination day. The continue contract bonus will be paid after the continue contract is signed. At the termination of the continue contract, the engaging party will pay RMB 4500 yuan as airfare allowance for a single-trip(economy class) to the engaged party.

Ⅴ. Evaluation on the engaged party

By the end of each academic year, the Public Education Institute will evaluate the teaching effect of the engaged party based on teaching performance, the students� feedback and so on, which will be the basis of extension of the contract or termination of the contract.

Ⅵ. Both parties must abide by the contract. Neither of the parties should terminate the contract ahead of time, interrupt nor modify it, unless both parties agree to. If the engaged party wants to terminate the contract, he must put forward at least 30days ahead, and explain the reason. By the day of agreement of the engaging party, salary and all other treatment will be ceased. Both parties must continue to fulfill the contract if one party wants to terminate it ahead of time but the other party does not agree to.

Ⅶ. If any dispute should arise in the fulfillment of the agreement, both parties should settle it through consultation.

Ⅷ. The engaging party has the right to terminate the agreement in any of the following cases:

A. If the engaged party violates any items prescribed in Ⅱ and Ⅲ and, and fails to pass the appraisal, then the engaging party has the right to terminate the contract. At the time of contract termination, the engaged party has to pay 500�2000 dollars as a penalty.

B. If, for reason of sickness and with a doctor�s certificate, the engaged party is unable to continue his teaching work after 30 days sick leave, the engaging party has the right to terminate the contract ahead of time, if conditions permit, arrange for the engaged party to leave China for home within one month.

Ⅸ. The engaged party has the right to terminate the agreement in any of the following cases.

A. If the engaging party violates any terms in IV and fails to correct it after it is put forth by the engaged party, then the engaged party has the right to terminate the contract.

B. If the engaged party asks to cancel the contract due to events beyond control, he should provide certifications by the departments concerned, get the engaging party�s consent, and pay its own return expenses;

Ⅹ. Either the engaging party or the engaged party failed to comply with his duty, or failed to comply duty according to the contract, the default party should pay the other party 500-2000 dollars as a penalty. This contract comes into effect when the engaging party commences his work and expires on expiration date.

Ⅺ. This contract is written in English and in Chinese, and both copies have equally legal effects.




The engaging party: The engaged party:

Date: Date:

[donb2222]

I just read it briefly.

It looks as though you would have 20 classes, PLUS a possible 20 or so extra hours work per week outside the classroom if you have to do everything listed in the contract.

The airfare reimbursement should be about 8000, not 4500.

I would not sign it. Too much possible work for too small a salary.

Why do they need you ASAP ????
The contract starts September 1 !


It just does not sound good.

[Tai_Li]

Thanks Don! I am asking about the class thing, as far as overtime goes, or the like, as well as the airfare reimbursement. I don't understand the urgency of the whole thing, either, and I have an email in the pipeline asking about that.

I do want to mention a few other things: This is a public uni in Inner Mongolia, and I do know that public uni's tend to offer less than one might expect. Also, the school being in Inner Mongolia might effect the salary, which I'm ready for. I basically don't have any experience, and I've only got the BA (tho, I'm working on getting a TESOL cert), and I'm taking that into account, too. I don't want to get screwed, but the salary (at least starting out), is not the dealbreaker for me. Accommodations, work load, not getting scammed; those are my priorities.

Anyway, I'm kind of in a rush to get there (was there in 2007, studying Chinese, and have been itching to go back), but I'm taking my time and reading over everything really carefully, and making sure to ask tons of questions. I want to try to hammer out the details of this contract more to my advantage, and maybe go with this school. If they don't do it, I won't hesitate to walk, but I'd like to make this one work.

[randyj]

The school should pay for the cost of the Residence Permit and any other costs associated with it, such as a physical examination. I think most schools do. It can be expensive.

[drjtrekker]

Uni jobs in china are getting worse and worse! IMHO

2 Things to always check...

1) Teach on satellite campus?? This happens so much nowadays, but if u dont care about wasting an hour or more in traveling, and being stuck on a campus away from ur home....then....

2) accomodation, yeah its provided, but what is it?
Beware of the "motel room"...with no kitchen and overall, just shitty...
unless u dont care about living in a decent apt.

Those are two that for me, are always a deal breaker!
I hate inconvenience...especially at the low wages we get...

[donb2222]

[Tai_Li]

Thanks for the advice, people. Trust me, I am asking all the questions you're asking before I commit to anything. I've got my options open, so this isn't the only route I'm going.

[donb2222]

For fun, you might want to email them with your suggestions for a less demanding contract. You might want to inform them that perhaps their expectations are not realistic.
If it were me, I would just look elsewhere.

[theincredibleegg]

[Mister Al]

To the OP and others who post their contracts here. Give us a break. Contracts are usually long and boring. If there are specific clauses that you want opinions about then highlight them. Don't be lazy and ask people to look at an entire contract. I'm surprised you actually got some responses. I for one, and probably most people who looked at the original post, decided it was too much bother to read and try to understand someone else's contract from top to bottom.

[RonHex]

as others said.. either have everything incl. in the 20 hours of teaching or paid at a rate of 100rmb per hour (i would say 150 but this in inner mong )

[donb2222]

[Laurence]

[The Ever-changing Cleric]

[sojourner]

Terri,

Thanks for your PM - sorry for not getting around to replying to it; but, will definitely do so very soon !

Re this job offer, I agree with the others in that you should consider giving it a miss; or, if you are really keen to work at that particular institution, ask the FAO to clarify some of the conditions, or to consider amending such.

The salary isn't too bad for a newbie with just a BA - but, 20 teaching "hours" - too much ! I'm on a considerably higher salary, and my teaching load is only 14 teaching "hours" (of 40 minutes duration) pw.And, on top of that, most of my classes often go out on teaching practice - which means that I often have 5.5 day weekends ! Thus, a 20 "hour" teaching load may not seem too burdensome if many of your classes will be away on teaching practice, work experience, etc. Thus, you might want to enquire with the FAO person about such matters.

Apart from the number of teaching hours, you might also want to enquire about the subjects that you'll be expected to teach. Possibly, I might just be able to cope with 20 hours of Oral English but definitely NOT with English Writing, due to the necessary preparation and the marking of homework. So, if they want you to take some writing classes, only agree to do a couple - or, you'll regret it !

The contract mentions other activities, eg lectures, English Corner, etc. Most of us are expected to be involved in such (unpaid) activities - but, really they are not too onerous ! Failure to do so might impede your chances of being offered a renewal of your contract. In most unis, FTs are involved in English Corner just for 2 hours once a fortnight. At my uni, I am also expected to give a "public lecture" once a term.At other unis, FTs are often asked to be judges at English-Speaking contests, once or twice a term. So, you will need to clarify with the FAO person about the nature of such activities - apart from English Corner, are they for just for 1 or 2 nights per term ? Otherwise, look for another job !

The contract is for only about 10 months. Unfortunately, this is quite common feature re such contracts. However, if you are invited to extend your contract, apart from a small increase in the monthly salary, they'll probably agree to pay you for the 2-month summer break.

Many contracts will offer a number of perks;eg: free drinking water, reimbursement for some long-distance bus tickets to the nearest largest city, a rebate for utilities, etc. You might want to enquire about such perks.

As someone else suggested, enquire about housing (a 1 or 2 bedroom flat, or just a studio apartment), as well as the distance of FTs' housing from the teaching area, etc.

The round airtrip allowance is usually around 8 K RMB - ask for at least 9 K - 8 K is pretty paltry, nowadays.

If you engage in any email communication with the FAO, do not delete any of their responses - this could be proof should they ever decide to back down on their "promises" and "assurances" ! Of course, you should always ask them to either to issue a new contract, or to include such changes in an addendum.

As I mentioned in a post to another thread, ask the FAO person to provide you with the names/ph numbers/email addresses of current/past FTs to enable you to find out what the real situation is like re working conditions, FT morale, etc. Occasionally you might find that an FT is a toadie;or, on the other hand, has some gripe re the uni ! Thus, you might also want to consider doing a search on the school via Google or Dave's own search facility. If you can't find anything, you might also want to submit a query re the uni to this forum.

You would also need to enquire from the FAO/other FTs about such things as restaurants/shops on campus, or just outside the college; how far the college is from the nearest town;local public transport; etc

Peter