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Roentgen
Joined: 10 Mar 2007
Posts: 12
Location: Jacksonville, Florida
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 Posted: Wed Sep 21, 2011 3:14 am Post subject: Contract check |
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I would really appreciate it if you guys would take a look at this contract and let me know if it seems like a good, solid deal. The job is in Xian for 6000 rmb. I know this contract is a little TL;DR, but please help me and take a look. Thanks!
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COVER LETTER
Dear Sir or Madam:
Thanks for choosing Xi�an Kidcastle English Training School. Before we sign the main contract there have a few things need to be notified:
1. The governmental parties to this agreement are:
a. The State Administration of Foreign Experts Affairs, as a regulating party (hereinafter referred to as FEA).
b. The ShaanXi Provincial Public Security Bureau, as an observational party (hereinafter referred to as PSB).
c. The ShaanXi Provincial Foreign Experts Bureau, as an administrative party (hereinafter referred to as FEB)
d. The ShaanXi Provincial Foreign Affairs Office, as an administrative party (hereinafter referred to as FAO).
e. The ShaanXi Provincial Entry-Exit inspection and quarantine Bureau （hereinafter referred to as CIQ）
2. Enter China with a valid working visa.
a. Kidcastle will provide necessary documents: Kidcastle job Reference Memo（Original）, Invitation Letter（Original） from FAO and a Work Permit（Original） from FEB.
b. The documents above require that the place of entry is the place where the candidate�s passport was issued. It is the candidate�s responsibility to pay the transportation fee in the event that he/she enters the country with a non-working visa. In this instance it will be necessary that he/she MUST exit then re-enter.
c. By the moments when candidate apply a position and accept the contract from Kidcastle already has a non-working visa, by the government policy the candidates need go overseas to update his/her working visa, the transportation, living and eating cost will the candidate�s responsibility.
d. In the event that Kidcastle require the candidate been to China quickly with a non-working visa, according the government policy that Kidcastle will pay for all the cost if the candidate need go overseas to update his/ her working visa.
3. Healthy Report体检证明
a. At registration, the employee should provide the original copy of their medical examination report and other required documents so that Kidcastle can undertake required procedures to comply with various management regulations applicable to the employment of foreign cultural and educational experts in China.
b. The CIO of Shaan Xi Province has to confirm this original medical check report.
If the report provided is approved by CIO, Kidcastle will pay for the accreditation fee. Approx RMB70.00 .
If there some items that are not approved by the CIO, the employee may be requested to take an additional examination on those items, the cost of additional examination is payable by the school.
c. If the FT fails to provide an original medical examination report or this report is not approved by the CIO, the employee will be requested take a medical examination within first 7- 10 days, this will be arranged by Kidcastle. The cost of the examination is payable by the school. The medical examination and accreditation in total is approx RMB400.00
d. Four two-inch-sized, white background photos are required for the medical examination papers and certificate.
4. Residence Permit
It is Kidcastle�s responsibility to apply for a Residence Permit for the employee upon arrival. Kidcastle is responsible for expenses relating to the application of the Residence Permit and Work Permit in China. It will be the employee�s responsibility to pay for the extension of the working visa if his/ her passport expires during the contract term.
5. Without the permission of the employer, the employee is not allowed to have other employment or part-time employment paid or voluntary that is not directly or indirectly associated with the employer. Employee will bear the aftermath or related fine in such cases.
EMPLOYMENT AGREEMENT
BETWEEN
Employer:
Kid Castle Pre-teenagers English Training School
of
_______ Xi�an ________
Shaanxi Province, People�s Republic of China
AND Employee
(first name) 姓 (last name) 名
_______ __________ (passport number) 护照号
GOVERNMENT CONTRACT NUMBER:
国家外专局合同编号:
Any discrepancies between the government contract and the Kid Castle terms，the government contract will be upheld, but all other non-affected terms within the Kid Castle portion will stand。
Article 1：PARTIES INVOLVED
1.1 The parties to this agreement are:
a. Kid Castle Pre-teenagers English Training School (hereinafter referred to as Kid Castle) as the employer and;
b. (hereinafter referred to FT as the employee).
1.2 This agreement is entered into on the understanding that Mrs Xu YaLan (Mrs. Lancome) as Principal of Kidcastle，has the authority to act for and to enter into employment agreements/contracts on behalf of Kidcastle.
1.3 The parties to this agreement acknowledge that it is an employer-employee relationship between the named parties (1.1) and is governed by Chinese law.
Article 2: CONTRACT DURATION AND LOCATION
a. The duration of this contract is from to ______________.
b. Work under the direction of Kidcastle as a teacher primarily at the branch for the duration of this initial agreement.
The employee acknowledges and agrees to work in other locations or branch schools as required. Traffic fees will be reimbursed provided a receipt is given upon request.
Article 3: EMPLOYEE OBLIGATIONS
The employee undertakes as his/her obligation under this agreement/contract to;
3.1 Approach his/her duties as a Teacher in a professional manner and provide assistance to the best of his/her ability in the teaching of English as a second language to all students of Kidcastle and/or affiliated organizations.
a. Cooperate fully with all staff of Kidcastle on a day-to-day basis.
b. Accept direction from senior staff of Kidcastle.
c. At all times, comply with the requirement of his/her duty statement to the best of his/her ability.
d. Do not partake in the consumption of alcohol during or prior to normal operating hours of Kidcastle schools.
e. Smoking is not permitted in or around classrooms, offices or in any open areas in the building in which the branch is situated.
f. Dressing correctly. Kidcastle t-shirt need be wear during the working time. Knee breeches or jean is acceptable. Flat leisure shoes or sneakers are suit for the teaching time. Flops are not accepted during the working time.
g. Do not behave in any manner that would bring discredit on either the employer or Kidcastle
h. Any intimate relationship between staff members other than a working relationship is strictly prohibited.
i. At all times treat school property and accommodation facilities in an acceptable manner.
j. Read and understand all documentation provided by Kidcastle. This will include rules and regulations, policies and procedures, company history, corporate culture, teacher training materials, and anything else deemed necessary.
k. In the event of the employee abandoning his/her employment, he/she will forfeit all entitlements due, with the exception of salary up to the time of such abandonment of his/her employment, minus any fines levied. Such as: phase bonus, airfare, and expense of application of the Residence Permit and Work Permit. If the bonus was paid it will be deducted from the last pay check.
l. In the event of early termination of contract the employee will be required, due to government regulations, to bring their passport to the local PSB office, with a Kidcastle representative, and cancel their VISA(s) and Resident Permit(s) provided by Kidcastle.
3.2 HOURS OF DUTY
a. Working Hours
The normal hours of operation for a school week are between 5pm to 9pm, Tuesday to Friday. Teachers are required to work on weekends, as Saturday and Sunday are the Schools main operating days. Weekend operating hours are between 9am-9pm or 8am-8pm depending on the school. Teachers are expected to provide the required number of teaching hours and office/preparation hours as per their contracted number of days.
All teachers are expected to arrive at their designated school at 5:00pm and leave upon completion of classes or when the school closed in week days, depending on individual schools working hours.(The leaving time can be changed by Daylight saving time in summer)
All the teachers are expected to arrive at their designated school 1 hour before his / her first class and leave when he / she finished all his / her duties given by the branch manager or his / her partner within the working hours on weekends. The teacher of the last class of their branch timetable can leave when the lesson is finished.
It is a teacher�s responsibility to work their required number of hours on all working day.
b. Job specification
The employer expects that employees will be involved in the preparation of lessons and the delivery of such and attending to other matters associated with the teaching of English, as and when necessary. They may also be called upon to assist Chinese Speaking English Language Teachers (CT).
Employees will be asked to take part in activities such as singing, dancing and other forms of school activities as and when the curriculum requires. Any such requests should be complied with, within reasonable ground
The employee may also infrequently be required to undertake additional teaching or participate in promotional activities held by Kidcastle. This may entail interviewing new staff, demonstrative classes and-or other activities in/out of class for the purpose of advertising.
c. Punctuality
Kidcastle appreciates good punctuality. In the event of continued lateness the following conditions apply. In each contract period up to 5 times of lateness or early departure with reason （please let the branch manager know how long you will be late by reason at least 1 hour before）will incur no penalty, more than 5 times of lateness or early departure will incur a forfeit as follows:
Up to 10 minutes（include 10 mins）of bad punctuality will incur a ￥30.00 fine per time.
Between 10- 30 minutes （include 30 mins） of bad punctuality will incur a ￥50.00 fine per time.
Over 30 minutes of bad punctuality will incur a ￥100.00 fine per time.
Being absent without leave will forfeit ￥500.00 per day.
All the penalties will be deducted from your monthly salary. Usualness lateness or early departure （being fined over 5 times） will effected your completion. From the 6th penalty， not only will the fine be deducted from your monthly salary， but also RMB5.00 will be deducted from your completion bonus.
Article 4： EMPLOYER OBLIGATIONS
4.1 Salary, and Bonus.
a. According to the number of classes assigned to the FT, the salary will range between RMB5000.00 to RMB8000.00 per calendar month after the probation period. Details as follows:
1. 18 classes per week, RMB5000.00 will be paid per calendar month
2. 20 classes per week, RMB5600.00 will be paid per calendar month
3. 22 classes per week, RMB6200.00 will be paid per calendar month
4. 24 classes per week, RMB6800.00 will be paid per calendar month
5. 26 classes per week, RMB7500.00 will be paid per calendar month
6. 28 classes per week, RMB8000.00 will be paid per calendar month
8． According the schedule for the individual teacher, he/she may have to work 6days a week, RMB50.00 will be paid in addition to individual week base.
9． The employee shall teach between 16-28 classes per week, 45minutes per period of Kinder, Junior level, 50minutes per period of Senior level. The employee should ensure average 2 office hours per working day, the duties include but not limited: preparing lessons, writing lesson plan, testing, remedial teaching, demo class， English Corner， and participating in marketing activities.
b. Bonus
1. Each FT has 5 days personal leave during each 12 month contract.
FT can not ask for personal leave during the probation period;
FT must give 30 days in written notice for take those holidays;
One day falls on the weekend can be take in one 12 month contract;
Propotional cash base on RMB1000.00 per person for 5 days personal leave upon 12 month contract will be paid if the personal leave is not been taken completely.
2. An extra RMB1000.00 completion bonus will be paid, upon successful completion of each 12 month contract, to teacher�s who work 6-days per week.
Propotional cash base on RMB1000.00 per person who have 6- days schedule upon 12 month contract.
3. RMB2000.00 will be paid to the teacher�s who extend the contract for another 12 month. This amount will be paid RMB1000.00 on every 6 month. .
4.2 Probation and termination contract during the Probationary
a. Probation
The probation period is 2 month�s (60 days) from the date the contract is signed. RMB4500.00 per month will be paid as probation salary, 16 classes will be assigned as a minimum during the probation periods.
1. During probation, the FT will be required to attend training and observing classes for 2 weeks.
2. RMB70.00 will be paid for any extra class beyond 16 classes per week.
b. Termination of contract during probation period:
1. During the probation period, if the employee is unable to fulfill the obligations stipulated in the contract, appendix or unable to perform the work to the employer�s satisfaction, the employer has the right to terminate the contract.
Being unable to perform the work includes, but not limited to: the employee�s physical or mental disease or health situation, which may affect the fulfillment of the contract; the employee�s personal behavior on or out of campus which is reasonably considered as unacceptable by the employer; the employee�s social behavior which may affect the employer�s reputation or cause the employer to incur economic loss.
If terminated during this period, the employer shall not be responsible for airfare or other personal expenditures of the employee.
2. During the probation period, if the employer doesn�t meet the requirements in the following respects, the employee can seek to terminate the contract:
The employer doesn�t meet the requirements of the contract in respect of lodgings or salary.
If the employee, in light of the contract appendix, Article 4, clause4.2 �b- 2, seeks to terminate the contract, they must give the employer at least 1 week to undertake the required transfer work.
During the period defined by the contract appendix, Article 4, clause 4.2-b-2, the employee and employer should continue to fulfill the obligations stipulated by the contract, and do so in good faith
3. During the probation period, if the employer seeks to terminate the contract, the employer will undertake the related procedures according to the national laws and regulations and pay the related fees (including the fee to nullify the expert certificate and the fee to shorten the period for the employee to stay in China). The employer will pay the employee�s salary, were the employee continues to work in accordance with the contract and appendix, until the contract is terminated.
The employee agrees to leave the school within 1 week after the contract is terminated
During the probation period, if the employee offers to terminate the contract, the employer will undertake the related procedures according to the national laws and regulations;
The employee will bear the related costs (including the fee to nullify the expert certificate and the fee to shorten the period for the employee to stay in China).
The employer will continue to pay the salary to the employee, were the employee continues to work as required by the employer, until such time as the contract is terminated.
In order to help the employer go through the related procedures according to the national laws and regulations, the employee should promptly provide the employer with their valid passport and foreign expert certificate.
4.3 Pay day
Payment of salaries on a monthly basis is by the 10th of each month. Such payments will be deposited into Bank of Communication of China account.
Kidcastle assistance FT to get a Bank of Communication of China before the first payment.
Kidcastle will assist the employee in converting salary paid, to foreign currency nominated offshore bank accounts, during the term of the contract. Bank transfer fees will be the responsibility of the employee.
If the pay-day falls on a public holiday, the salary payment will be postponed to the next normal working day
4.4 Airefare
Up to $1000.00 international travel airfare reimbursed on 12 month contract at the end of contract.
All airfare reimbursements are paid upon completion of your individual signed contract term.
Airfare will be paid propotional if FT failure to complete the contracted term because reasons of compassionate leave or extra sick leave upon the contract allowed. Computational formula is: $1000.00/ 365days * actual working days.
Article 5. Insurance
Please manage your personal health and travel insurance before you enter China.
1. If an employee is suffering from a serious illness or disease or requires emergency treatment, the school will arrange a staff member to accompany the teacher to hospital by car, or in the most serious of events, by ambulance. The employee should pay for all the costs.
2. If the employee contracts a serious or acute disease, the employer has no responsibility to undertake the cost of such disease, but it is employer�s obligation to help the employee contact his/ her family members or next of kin, for treatment outside of China in time. The employee must pay for all related costs.
In the event that Kidcastle needs to contact a family member，next of kin，please provide a name and contact details below：
NAME: 名字 ： _______________________________________________________
CONTACT DETAILS: 联系方式：______________________________________________
___________________________________________________________________
__________________________________________________________________
___________________________________________________________________
Article 6. Apartment
a. Provide suitable apartment style accommodation including cooking， shower and western toilet facilities near the school of appointment. （Please check the individual apartment inventory）
b. The employee MUST pay a security deposit (￥1000.00 which can be deducted from wages over the first 2 months， a receipt will given by finance) The deposit will be returned upon inspection of property at the end of the contract. In the event that an apartment is left in an unsatisfactory state the deposit is forfeited, any damages that exceed the deposit amount will be the responsibility if the employee.
c. The employee is responsible for all bills to include gas, water, heating, electricity, cable, telephone, internet access and housing management fee (once a month or every 3 months).A Kidcastle representative will assist with the initial paying of these bills. Interest will be charged by the Housing Management Office where they live if he / she pay the bills late.
d. All the apartments have 2 bedrooms and single persons will be expected to share with another teacher. In the event that a teacher wishes to live alone, a single person�s supplement will be deducted from their wages (approx ￥750.00 per month depends on the rent of the apartment.)
e. If the Employee wishes to be responsible for finding and contracting his/her own accommodation in the city where the Employer is located up to ￥750.00 housing allowance will be paid monthly. If the employee would like to move out of the apartment which is offered by the employer for personal reasons, 2 months written notice must be given and pay for the default fine that termination the rent contract with the landlord. Completion procedure renting contract RMB750.00 housing allowance will be paid monthly by employer.
f. Couples will not share an apartment with the others. In this case the couples should both work in Kidcastle, for foreign teachers only.
g. People who do not work for Kidcastle are not expected to stay overnight at the apartment, it will be the employee�s responsibility to take responsibility for guests actions and deal with any troubles that may arise.
Article 7. Sick leave
a. Employee who been sick must notify the branch manager 4 hours before the class, and go to the hospital immediately.
Kidcastle will assisted the employee to see a doctor if necessary.
A doctor�s note from specific hospitals list as following must be hand in 48 hours by the employee or his/her agent;
Specific hospitals are: ShaanXi Provincial People�s Hospital; Xijing Hospital; High-tech Hospital; Chang An Hospital; The First and Second Affiliate Hospital of ShaanXi Jiao Tong University.
b. A 100% salary will be paid at first two days; RMB60.00 per day will be paid instead of salary from the 3rd day to the 15th day; from the 16th to the 30th day, your salary will be forfeit. Over 30 days sick leave, the employer has the right to termination this contract.
Without a doctor�s note or hand in late than 48 hours, missing classes will be take from his payment.
c. If the employee is absent for an excessive number of individual days without medical certificates, then the employer reserves the right to review this agreement/contract on medical grounds.
Article 8 Compassionate Leave
a. Personal leave is acceptable providing you give 30 days written notice to the school manager. A maximum of 6 days leave is offered upon 12 month contract.
b. Failure to provide written notice, or, more than the allocated days are taken you will forfeit your bonus. The airfare and housing allowance will be affected by personal leave.
d. Up to two weeks (14days inclusive) is given to all employees in the case the close relatives was past.
Article 9： PUBLIC HOLIDAY
1. There are 12 national holidays during any given year. They are as follows:
a. New Year�s day: The 1st of January. Off days can be included in the holiday break
b. Winter school holidays: Three days are taken in January or February, dependant on the Chinese lunar New Year. Off days can be included in the holiday break.
c. Tomb-sweeping day. One day is take on 4th April or 5th April. Off days can be included in the holiday break.
d. The May Day holidays: 1st May each year. Off days can be included in the holiday break.
e. Dragon Boat Festival, one day is taken during May to June, dependence on the Chinese lunar calendar. Off days can be included in the holiday break.
f. Mid-autumn festival: one day is taken during September to October, dependence on the Chinese lunar calendar. Off day can be included in the holiday break.
National Day: Three days from the 1st of October are granted as school holidays. Off days can be included in the holiday break.
g. December 25th: Extra one day paid holiday for all foreign teachers. Off days can be included.
Hereinbefore are the paid holidays.
If the government chooses to change the holiday dates the school will notify the employee, minimum 3 days, the employee must comply with such request.
If classes are rescheduled due to public holidays, which are declared by the government schedule, the salary will be paid for the number of classes taught during the affected month. . Computational formula is： RMB70.00*actual monthly classes
2. School Holiday
7 � 10days continued summer holiday from the end of July till early of August will be given by employer cause the heat of each year. A make up classes schedule will be give to the employee by school。 All the missing classes need be make up before the holidays and after through. The salary will be paid for the number of classes taught during the affected month. Computational formula is： RMB70.00*actual monthly classes.
Please refer to the �Annually Holiday Plan�This plan will come out every year around New years day, lessons that may need to be moved because of the holiday, will be arranged, in the events the planned lessons need be moved again, please match up with the latest notice.
合同内所有假期安排请参看当年放假安排。 该安排将于每年元旦前后出台， 对当年所有假期课程提前计划， 如遇调整， 请根据最新通知配合工作。
Article 10： Force Majeure Clause
In case of a force majeure that the school can�t carry the regular schedule, the salary will be paid 100% for the number of classes missed during the month, but all those missed classes will be required to make up after through for individual employee on a available day with no extra paid.
Force Majeure includes： Power Failure； natural Factor； suspend classes requested by government during communicable disease。
Article 11： The termination, suspension and modification of the contract
1. Both parties should abide by this contract; neither party may terminate, suspend or modify this contract except were this is allowed for under the conditions in this appendix or the contract.
2. After consultation and by mutual agreement, the two parties may modify the related contents of the contract and modify the contract according to the original signing procedures.
3. If the laws, administrative regulations and systems on which this contract is based have changed, the related contents in this contract should be modified.
4. If the actual situation on which this contract is based has changed and the contract can no longer be carried out, the related contents in this contract may be modified, with the agreement of both parties.
5. Under the following circumstances, the employer has the right to inform the employee by letter to terminate the contract:
a. The employee has seriously violated the labor discipline or the school regulations.
b. The employee is guilty of a dereliction of duty, or has practiced any act which has or could do damage to the employer�s reputation, caused offense and or harm to the employer or clients （the parents or the students） and their employees, or cause economic penalty.
c. The employee can�t complete or is unable to complete the assigned educational and teaching tasks, which impacts upon educational and teaching requirements of the students and employer.
d. If the employee has suffered from a disease, or has been wounded for the reason other than work duty, and after medical treatment, is no longer able to complete the original work assignment or the work assigned by the employer after this event.
e. The employee is unable to prove equal to their assigned work, even after training or being moved to another post.
f. In the event that the good faith conditions under which this contract was entered into has significantly changed and the original contract can no longer be carried out, but the two parties cannot reach an agreement to modify the contrat.
g. If the employee, in light of the medical diagnosis, cannot return to a normal state of health within 30 days, the employer has the right to terminate the contract. The two parties can also terminate the contract, by voluntary agreement, in light of the actual medical situation, before obtaining the diagnosis or at anytime during the sick vacation period without salary. After the contract is terminated, the employee should return to their native country as scheduled.
h. If the employee has been investigated under law and adjudged to have criminal responsibility (including having reeducation through labor) for any incident or act
6. Under the following circumstances, the employee has the right to inform the employer by letter to terminate the contract were: The employer doesn�t provide the employee with the necessary working and living conditions according to the contract.
7. The employer doesn�t make a fair and reasonable effort to pay the salary to the employee as scheduled.
8. Under the following circumstances, this contract is terminated:
a. This contract has expired. 合同期满
b. If the conditions agreed by the two parties to terminate the contract eventuate, this contract is terminated automatically.
8. If the employee wants to terminate the contract in advance in light of 1１. 6 they should undertake the following procedures:
a. The employee should apply to the employer by letter and state the reason/s at least 60 days before
terminating the contract.
b. After submitting the application, the employee should continue to fulfill the obligations stipulated by the contract until the contract is formally terminated.
d. From the day agreed by the employer to terminate the contract, the salary and all the other benefits for the employee stipulated by the contract will be terminated; The employee is required to return the various school goods he has borrowed and return the Expert Certificate. The employer will shorten the period for the employee to stay in China according to the national laws and regulations, and the cost of this should be covered by the employee.
e. The employee will bear all related costs for terminating the contract.
9. This contract becomes effective from the date both parties�sign, and becomes invalid after the contract period expires. If one of the above parties asks to prolong employment, it should submit a formal application to the other party 60 days before the contract expires; after consultation and with the agreement of both parties, they may sign a contract to prolong employment for a mutually agreed period.
Article 1１： Fine for breaking the Contract:
If either Party to this appendix doesn�t fulfill the terms and conditions set forth in this contract or doesn�t satisfy the agreed terms while fulfilling this contract, which is, breaks the contract; or during this employment contract; or one of the above parties violates the regulations without authorization; or asks to terminate the contract for reasons other than a force majeure, that Party must bear the responsibility for breaking the contract and pay $500 - $2000 to the other Party.
Article 1２： Extra announcements
1. Where the above rules are not adhered to and the employee should have an accident outside the school, the employer will not take responsibility.
2. This agreement is aimed at good services and performs duties for both parties. In any event, neither the employer or employee, shall not disclose the details of this agreement to any third party. If this happens, proof (sound, image or text) must be submitted from one side, and the other side will be fined RMB10000.00.
The Employee and Employer hereby declare that they have read and understood the provisions of this contract, Amendments, Recognition of Notification and further agree to abide by such provisions. The signing parties shall each retain a copy of the contract.
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dean_a_jones
Joined: 03 Jul 2009
Posts: 1151
Location: Wuhan, China
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| Posted: Wed Sep 21, 2011 4:34 am Post subject: |
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To be honest it looks like a pretty standard contract for a training school, lots of good mixed with lots of bad. Not sure how much you will be able to negotiate out/change. Given the pay and expectations, I would not sign this contract myself, the pay is too low for what you get in return.
Anyway, here are some general comments (sure there is more, but I find these difficult to read after a while).
There is some strange stuff, like you technically cannot be friends with others teachers.:
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| h. Any intimate relationship between staff members other than a working relationship is strictly prohibited. |
On working hours, I would get these as specific and tied into the contract as much as you can, if you don't want to spend all your time at the school. At lot of the language is about your 'contracted hours' or 'contracted days' so make sure these are clearly stated somewhere in ink:
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| Teachers are expected to provide the required number of teaching hours and office/preparation hours as per their contracted number of days...All teachers are expected to arrive at their designated school at 5:00pm and leave upon completion of classes or when the school closed in week days, depending on individual schools working hours...All the teachers are expected to arrive at their designated school 1 hour before his / her first class and leave when he / she finished all his / her duties given by the branch manager or his / her partner within the working hours on weekends. The teacher of the last class of their branch timetable can leave when the lesson is finished...It is a teacher�s responsibility to work their required number of hours on all working day. |
And there goes the dignity:
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| Employees will be asked to take part in activities such as singing, dancing and other forms of school activities as and when the curriculum requires. Any such requests should be complied with, within reasonable ground |
Here is the extra stuff they want you to do for free, and try make it sound reasonable by adding in the meaningless word 'infrequently':
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| The employee may also infrequently be required to undertake additional teaching or participate in promotional activities held by Kidcastle. This may entail interviewing new staff, demonstrative classes and-or other activities in/out of class for the purpose of advertising. |
You said you are on 6,000RMB/month, which was not even a salary option. They don't state an overtime rate, and they pay you by class time but want you to do any extra stuff for free (i.e. 2 hours a day of office hours/demo classes/remedial tutoring/English corners/marketing). Pretty poor value in terms of work expected/hours put in/pay received in my opinion, as if you work 6 days/week that is an extra 12 hours of work:
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| According to the number of classes assigned to the FT, the salary will range between RMB5000.00 to RMB8000.00 per calendar month after the probation period...The employee should ensure average 2 office hours per working day, the duties include but not limited: preparing lessons, writing lesson plan, testing, remedial teaching, demo class， English Corner， and participating in marketing activities |
Probation periods suck when its just an excuse to pay you less (but don't work in privates, so don't know how common it is to be screwed for your first two months):
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The probation period is 2 month�s (60 days) from the date the contract is signed. RMB4500.00 per month will be paid as probation salary, 16 classes will be assigned as a minimum during the probation periods.
1. During probation, the FT will be required to attend training and observing classes for 2 weeks.
2. RMB70.00 will be paid for any extra class beyond 16 classes per week |
On apartment, things to get clarified:
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| In the event that an apartment is left in an unsatisfactory state the deposit is forfeited |
What does 'unsatisfactory state' mean?
Not wonderful:
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| The employee is responsible for all bills to include gas, water, heating, electricity, cable, telephone, internet access and housing management fee (once a month or every 3 months) |
Even worse:
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| All the apartments have 2 bedrooms and single persons will be expected to share with another teacher. In the event that a teacher wishes to live alone, a single person�s supplement will be deducted from their wages (approx ￥750.00 per month depends on the rent of the apartment.) |
No overnight guests so expect trouble, particularly if the opposite sex:
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| People who do not work for Kidcastle are not expected to stay overnight at the apartment, it will be the employee�s responsibility to take responsibility for guests actions and deal with any troubles that may arise. |
If you want out, the allowance is pretty low:
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| If the Employee wishes to be responsible for finding and contracting his/her own accommodation in the city where the Employer is located up to ￥750.00 housing allowance will be paid monthly. |
Sickness is a pain, as even a general cold means trips to the hospital if you want to get pay (as it doesn't look like you can do make-ups, which again my be common with private schools):
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| Employee who been sick must notify the branch manager 4 hours before the class, and go to the hospital immediately...A doctor�s note from specific hospitals list as following must be hand in 48 hours by the employee or his/her agent...Without a doctor�s note or hand in late than 48 hours, missing classes will be take from his payment |
If you break the contract, not just by actually wanting to leave early, but breaking the rules (i.e. have an overnight guest) then technically they can fine you a pretty hefty sum:
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| If either Party to this appendix doesn�t fulfill the terms and conditions set forth in this contract or doesn�t satisfy the agreed terms while fulfilling this contract, which is, breaks the contract; or during this employment contract; or one of the above parties violates the regulations without authorization; or asks to terminate the contract for reasons other than a force majeure, that Party must bear the responsibility for breaking the contract and pay $500 - $2000 to the other Party. |
There is other stuff that jumps out, but it is the expectations vs. pay that makes this one to avoid in my opinion.
If you are thinking of taking it, I would be speaking to a few teachers and clarifying some of this stuff (especially the stuff like extra hours and guests that could be in the contract but you are not actually held to most of the time). |
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askiptochina
Joined: 26 Feb 2010
Posts: 488
Location: Beijing
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| Posted: Wed Sep 21, 2011 5:05 am Post subject: |
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| Traffic fees will be reimbursed provided a receipt is given upon request. |
Find out what they are.
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| c. At all times, comply with the requirement of his/her duty statement to the best of his/her ability. |
VAGUE. What is the "duty statement"?
No mention of your days off. If you work Saturday and Sunday, when do you have time off? Do you really want this schedule? Usually, good offers say one Saturday or one Sunday, not both. Then it is up to you to decide. China likes to schedule 6 day work weeks. If you only want 5, find out and move on if they say 6.
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| Employees will be asked to take part in activities such as singing, dancing and other forms of school activities as and when the curriculum requires. Any such requests should be complied with, within reasonable ground . |
For me this is already not reasonable. If you don't mind it, be ready to cluck like a chicken and prance around like Peter Pan.
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| All the teachers are expected to arrive at their designated school 1 hour before his / her first class and leave when he / she finished all his / her duties given by the branch manager or his / her partner within the working hours on weekends. |
Translation: SLAVE MACHINE
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| Payment of salaries on a monthly basis is by the 10th of each month. Such payments will be deposited into Bank of Communication of China account. |
Do you also start on the 10th? If not, you will have 5-8 days of work beyond a completed month. Typically, I figure the 10th day after I finish 1 month, and then I expect it by the 5th or earlier as a habit. If you let them wait until the 10th, then they will wait even longer since you aren't complaining.
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| The employee MUST pay a security deposit (￥1000.00 which can be deducted from wages over the first 2 months， a receipt will given by finance) The deposit will be returned upon inspection of property at the end of the contract. |
Then you might as well get your own place. The "yajin" which is security deposit is the same thing. If you get fired or want to quit, where will you live? They could boot you out and keep this 1,000 RMB. NOT GOOD.
I am going to stop here. I have to go back to school. I wouldn't take this job. I would need 3 references of teachers currently working there and talk to them. I would need photos of the apartment and classrooms. I would need to see the material they are using. A lot more, just to consider it as a plan B or C when another school fell through and I needed a job ASAP.
For now, don't take it. |
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LarssonCrew
Joined: 06 Jun 2009
Posts: 1308
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| Posted: Wed Sep 21, 2011 5:37 am Post subject: |
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It's Xi'an Kid Castle...
As soon as you saw that you should have googled or searched on here and found that they probably have the WORST reputation of any school.
The contract is slave labour, you'll max out at about 6000 RMB a month, for around 40 hours contracted teaching you'll end up with that, and then the shared apartment[lets say you spend 200 a month on mobiile phone, 200 on internet, plus bills] will set you back about 800. The shared apartment is always a friend of the owner's, so you'll get overcharged for everything. I remember once paying 350 RMB a month in electricity, my friend was paying just over 100. It's a con.
Plus, you can't work elsewhere, and your contract hours are pretty much 5-8:30 Tuesday through Friday [14 hours], plus 9 until 7 on the weekends [that's another 20 hours] so 34 hours in total. Even working in another language mill you could pick up 100 an hour, so for the same time you could be earning 14000 a month.
In the end I quit/got fired from Kid Castle after the stabbing incident, and took up shop with a university in Xi'an, working 2 hours a week for 4500 with an apartment, and no bills to pay in that apartment. It's a no brainer, Kid Castle in Xi'an should be avoided at ALL costs. |
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mike w
Joined: 26 May 2004
Posts: 1071
Location: Beijing building site
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| Posted: Wed Sep 21, 2011 6:45 am Post subject: |
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| 2. This agreement is aimed at good services and performs duties for both parties. In any event, neither the employer or employee, shall not disclose the details of this agreement to any third party. If this happens, proof (sound, image or text) must be submitted from one side, and the other side will be fined RMB10000.00. |
What are we? 4th party?
Test:
Arrange the following words to make a well-know saying:
Foot - the - in - yourself - shoot
Seriously - it's a pretty crappy contract. |
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Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
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| Posted: Wed Sep 21, 2011 8:01 am Post subject: |
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This is a mill workload with a university salary.
In that hour before classes start you will be expected to be 'on show' to the parents in the reception area. If you are providing benefit to the school then that unpaid hour is a work hour which you should set off against your salary.
The actual hourly rate doesn't look so good then.
I worked briefly at KC franchise in Dalian.
I came to work at 8 as usual one Saturday. Talked to a few parents as required.
Just before 9am made my way to the classroom, to be told my class for the morning was cancelled.
Next Saturday was payday and there was no pay for the previous cancelled class.
I stated that I had turned up, done the free hour of glad handing and no one had made any attempt to phone me and advise me not to come in. In that case I should be entitled to recompense of some sort.
Ah ha said the Manager 'But you didn't actually enter the classroom'
To her this was an unchallengeable piece of logic far outweighing what I had contributed.
Suffice to say once the pay was in my hand I advised her ladyship that I wouldn't be back. |
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RonHex
Joined: 10 Nov 2009
Posts: 243
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| Posted: Wed Sep 21, 2011 9:45 am Post subject: |
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That has got to be the worst contract i have ever seen....
Seems at least 1 teacher had a good go of it
d. Do not partake in the consumption of alcohol during or prior to normal operating hours of Kidcastle schools.
e. Smoking is not permitted in or around classrooms, offices or in any open areas in the building in which the branch is situated.
f. Dressing correctly. Kidcastle t-shirt need be wear during the working time. Knee breeches or jean is acceptable. Flat leisure shoes or sneakers are suit for the teaching time. Flops are not accepted during the working time.
g. Do not behave in any manner that would bring discredit on either the employer or Kidcastle
h. Any intimate relationship between staff members other than a working relationship is strictly prohibited.
  [/quote] |
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Lobster
Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea
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| Posted: Wed Sep 21, 2011 9:57 am Post subject: |
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In a word: sucks
RED |
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brsmith15
Joined: 12 May 2003
Posts: 1142
Location: New Hampshire USA
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| Posted: Wed Sep 21, 2011 8:46 pm Post subject: |
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There's got to be something seriously wrong with a contract that long, complex and convoluted. Stay away!
When W. Edwards Deming, the Canadian so-called "Father of Quality Control," undertook a contract to help out Ford Motor (where he/they coined the phrase, "Quality is #1."), it was verbal. It consisted of: "I will work for you to the best of my ability and will bill you from time to time."
Not bad, huh? |
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vikeologist
Joined: 07 Sep 2009
Posts: 600
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| Posted: Wed Sep 21, 2011 10:58 pm Post subject: |
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As one of the other posters has mentioned, although many schools get bad reviews, I'd plump for Xian Kidcastle having the worst reputaion of any school in China.
I realise that there are other contenders. Others are suspected of murdering their teachers, being a hotbed of sexual predators or being places where Chinese staff can attack western teachers with impunity. Actually I think that last one may well have been Kidcastle Xian.
Of course, you have to take all comments on schools with a pinch of salt, but this school is infamous. |
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Miajiayou
Joined: 30 Apr 2011
Posts: 283
Location: Nanjing
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| Posted: Thu Sep 22, 2011 5:58 pm Post subject: |
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I worked for Kidcastle Xi'an for one day. Stay away.
ETA: message me for details, as they contain identifying information |
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DosEquisX
Joined: 09 Dec 2010
Posts: 361
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| Posted: Fri Sep 23, 2011 2:39 am Post subject: |
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| Long contracts are normally long due to ridiculous restrictions and unrealistic expectations. It kept me away from hagwons in K-Town and it keeps me away from language mills in China. |
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champ
Joined: 28 Jul 2007
Posts: 94
Location: Kerla
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| Posted: Fri Sep 23, 2011 6:19 am Post subject: |
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| Move on,bro!Just move on. |
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Roentgen
Joined: 10 Mar 2007
Posts: 12
Location: Jacksonville, Florida
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| Posted: Thu Sep 29, 2011 2:32 am Post subject: |
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Thanks for all the replies. Needless to say, I did not take this job. During the Skype interview with a woman from the school, she directly stated that Kid's Castle has a horrible reputation online but that "they now take care of any issues their foreign teachers have, and anyone who is not brave enough to come see with their own eyes probably shouldn't take the position." So I didn't.
This contract was the first I that I was given since I've been applying for jobs in China. I'll definitely use all the input here to thoroughly sort through any others. |
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