Job Discussion Forums

Totemic · Joined: 05 Feb 2009 Posts: 118 Location: Nanjing

I have been looking over my latest (proposed) contract and noticed a new clause which states that according to Chinese labor regulations, it is illegal for me to accept any part time work outside of that issued by the company which issued my visa.

Further, should I be 'caught' taking on part time work, it is grounds for immediate dismissal.

Can anyone verify if this is true?

chinanoodles · Joined: 13 May 2011 Posts: 74

Not sure if it's law or not but I'd imagine it is. Working for somebody who did not sponsor your FEC would seem like a no-no.

However, it is far from uncommon to have side jobs.

tianfuoe · Joined: 25 May 2011 Posts: 36

Yes. It is illegal to work for any organization that did not sponsor your FEC. Most schools will add that little clause into the contract so they can screw you to the wall if you go to work for "the competition". Some schools don't care and they will add a clause in the contract that states that they are not responsible for any problems you may encounter if you choose to take on extra work.

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

That clause has been on every contract I have ever signed in China. My latest contract added volunteering services in the addendum as yet another no-no. In my city, the PSB is working overtime to catch illegal workers of every kind, not just FTs who work on the side.

My FAO doesn't want me to even look as though I'm working on the side.

Free tutoring for students who actually care? Nope.

The department asked me to help them move some books and furniture from one building to another a few weeks ago. I showed up with my official SAFEA contract and addendum in hand and said, "Gee, I'd love to help you but..."

chinanoodles · Joined: 13 May 2011 Posts: 74

randyj · Posted: Thu Jul 07, 2011 1:41 pm Post subject:

As Miles said, this language appears in every contract. Of course, most people violate those provisions, because the rule basically is unenforceable. In my opinion, insisting on unenforceable rules erodes authority and invites contempt. At my school, the administration quite sensibly allows outside work as long as it does not interfere with normal teaching duties.

Zero · Joined: 08 Sep 2004 Posts: 1402

Zero · Joined: 08 Sep 2004 Posts: 1402

GeminiTiger · Posted: Thu Jul 07, 2011 2:36 pm Post subject:

Yes it's 100% illegal.

Often here everyone did part-time jobs. One guy got a bit bold and tried to open his own training center. The next week we all got a call saying nobody was allowed to work outside the contract.

Three months later the FOA was back to whoring us out to local schools as this Uni is the only source of laowai in the city.

But, the training center managed by the laowai will never happen here.

It's all about staying in your place or you will be squished.

dean_a_jones · Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China

Just an FYI for all of you stating it is illegal, the SAFEA Contract of Employment states:

"Without Party A's consent, Party B shall not conduct any part-time job assigned by any other party"

Now, it says nothing about how to go about this 'legally', though of course you cannot have two FECs from different organisations, so I cannot help in this respect. Also no idea in terms of the tax situation. The contract also has the general 'will obey Chinese law' clause, without actual detail (in fact the contract states that informing us "of relevant laws and regulations" is Party A's obligation). Of course, anything your own school has added to supplement the contract may say otherwise. Mine just repeats this. When asked, permission has been granted. Some don't bother to ask, some do.

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

dean_a_jones · Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China

Lobster · Posted: Fri Jul 08, 2011 5:04 am Post subject:

You do this by putting a clause in your contract that states that you are allowed to do outside work if it does not conflict with your current employment. These conflicts would include working for a competitor or having your outside schedule prevent you from carrying out your regular duties.

RED

igorG · Joined: 10 Aug 2010 Posts: 1473 Location: asia

I wonder how many FTs have successfully had their employers agree on such clauses. Still there's the legal side to such practices. The poster sounds like a sort of foreign lawyer, FL as oppose to FT, on mainland China. Or perhaps a FR that would like FTs in or coming to China believe in the fine flexibility of the local system/employers.