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DixieCat
Joined: 24 Aug 2010
Posts: 263
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 Posted: Sat Oct 02, 2010 11:38 pm Post subject: |
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3. A previous poster is very incorrect. A signed and stamped contract
is quite necessary to obtain the FEC. The FEB won't issue one without
it. And no PSB office will issue a RP anymore without a FEC. In the
old days, say 10 years ago, yes. Not now. |
FECs can be issued without contracts. When discussing labor laws, limited knowledge of all conditions pertaining to those laws should not be express as absolutes. I currently work without a contract and have a current FEC. This may not be the common experience for all but some offices are run by employees of foreign institution and the applying (FEC) authority such as a local university does not have to summit a contract. As to a contract issued on native soil, some have it and some don't. I prefer to work without contracts as I find that locals don't observe them in the same manor and overseas employers tend to ignore the local employment laws. |
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mike w
Joined: 26 May 2004
Posts: 1071
Location: Beijing building site
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| Posted: Sat Oct 02, 2010 11:55 pm Post subject: |
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| I currently work without a contract and have a current FEC. |
Don't be too sure about that. You wouldn't be the first foreigner to have "signed" a contract without knowing it!
Contracts with foreign experts signatures, just like university degrees, can be suddenly produced, when required by the authorities. |
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xiao51
Joined: 06 Feb 2009
Posts: 208
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| Posted: Sun Oct 03, 2010 3:17 am Post subject: |
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| mike w wrote: |
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| I currently work without a contract and have a current FEC. |
Don't be too sure about that. You wouldn't be the first foreigner to have "signed" a contract without knowing it!
Contracts with foreign experts signatures, just like university degrees, can be suddenly produced, when required by the authorities. |
Thank you Mike. |
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DixieCat
Joined: 24 Aug 2010
Posts: 263
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| Posted: Mon Oct 04, 2010 5:37 am Post subject: |
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I am an independent and the university that contracted my services has dealt directly with the labor board so no Chinese university is involved except for the renting of office space. It would be unlikely that a foreign university would falsify paperwork especially when they have no real representation in China.
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Don't be too sure about that. You wouldn't be the first foreigner to have "signed" a contract without knowing it!
Contracts with foreign experts signatures, just like university degrees, can be suddenly produced, when required by the authorities. |
I'm sure as I work with several other contracted employees and teachers who have no contract as well. Also I was issued the RP and FEC before I even started working on my current term of employment. As I have said before, there are many ways to be employed in China and just because providential regulations require a contract, not all employment in China requires a contract on file with SAFEA. I haven't suggested that this is the method everyone should "parrot" but it is noteworthy that most advice as to procedures are given by those who lack knowledge of the labor laws. To suggest that schools will sign for an employee is not new and has been discussed many times on this board as well as others.
The office just had a contracted employee leave and he took his RP and FEC with him due to the fact that his FEC was assigned to hm personally. I suppose that this board allows for no alternative procedures other than the ones assigned to the Universities and Mills that hire but remember, success in China is often attributed to not relying on such assumptions and information. If an applicant wants to be limited by what others post then they will never have the chance to earn beyond what is considered FT wages or to advance to a point where teaching is a viable career in China. |
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mike w
Joined: 26 May 2004
Posts: 1071
Location: Beijing building site
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| Posted: Mon Oct 04, 2010 8:07 am Post subject: |
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| If an applicant wants to be limited by what others post then they will never have the chance to earn beyond what is considered FT wages or to advance to a point where teaching is a viable career in China. |
Couldn't agree more, and I would add that they will also severely limit any options they might follow for employment outside the education field.
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| not all employment in China requires a contract on file with SAFEA. |
Absolutely. I don't work in a school, but directly for a state-owned multinational, and my contract has nothing whatsoever to do with SAFEA.
As the older hands on this board will know, the government sets the rules by which foreigners can be legally employed. But those rules, and the requirements for meeting those rules are open to interpretation at provincial, county, and city / town level. These lower levels have even been known to 'invent' rules as they feel the need arises.
Really there is only one practical rule, and that is too make sure that you meet the requirements for the place where your RP and FEC is being issued. |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Mon Oct 04, 2010 8:45 am Post subject: |
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| I don't have much to add except to chime in with an agreement: Not everything on these message boards (or really, ANY message board) can be taken as an absolute. Everyone here is anonymous, rarely using their real names. Newcomers to Dave's: please take what you read with a grain of salt. Do your homework, weigh your options, make as an informed decision as possible, but never take a complete stranger's word as the absolute truth. Not to say there isn't truth in what they say, but sometimes people can inadvertently mislead you and those people won't be around to catch you if/when you fall. |
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victorenglish
Joined: 10 Oct 2010
Posts: 8
Location: shengzhou china
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| Posted: Fri Oct 15, 2010 6:47 pm Post subject: Re: I didn't sign the contract but am working |
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| flyingscotsman wrote: |
I came to a school and have not signed the contract but am working and they have paid me for September.
The issue is....this school pretty much sucks. Reviews on the school from Dave's have been terrible and this school lives up to these reviews and worse.
So far 1 teacher up and left ( gave a lame excuse), another has not signed and may leave, and like me has no Z visa. And another went through a very expensive medical in the UK at their own expense and there were problems with it when they got to China and they had to go retake some ( or all ) of it.
The school makes the teachers pay for their own visa, medical and won't reimburse for it.
There are really no pluses to this school from the incompetent admins, to lazy students, and a general non caring attitude from the school towards the foreign teachers. A teacher who works for the school for about two years said that the foreign teachers in this program have a very high turn over rate and the students said that last year they had 5 or 6 teachers teach them the same subject as they all leave...
So, it it WRONG of me, working without a contract or valid visa, to leave soon and take a job that pays 4,000 rmb a month more and provides a visa WITHOUT having to do a HK run????
To reiterate, this school has one of the WORST reviews on Dave's and other sites... |
why are you still work for a school for only 4000rmb a month??? |
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melmoth
Joined: 21 Aug 2010
Posts: 10
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| Posted: Tue Feb 01, 2011 12:25 pm Post subject: |
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| What school is it? |
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