Job Discussion Forums

[Tefl Novice]

I literally have a couple of days to decided if it's worth taking this position or not. I'd be thrilled if anyone with experience could cast their expertise over this for me.

All opinions will be gratefully accepted.

Contract
I. Party A __Wuhan Yucai Primary School wishes to engage the service of Party B _ as foreign English teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

II. The period of service shall be from the date you arrive_to _30th June,2012__
(You are expected to arrive someday between 22th to 28th August).

III. The duty of Party B.

IV. Party B�s monthly salary will be 5000Yuan RMB , 70% of which can be converted into foreign currency monthly.

V. Party A�s Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A�s work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B�s work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B�s salary regularly by the month.

VI. Party B�s Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal affairs.
2. Party B shall observe Party A�s work system and regulations concerning administration of foreign experts and shall accept Party A�s arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A�s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed upon on schedule and guarantee the quality of work.
4. Party B shall respect China�s religious policy and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese people�s moral standards and customs.

VII. Revision, Cancellation and Termination of Contract
1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, cancelled or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to doctor�s diagnosis, Party B cannot resume normal work after a continued 30-day sick leave.
4. Party B has the right to cancel the contract with a written notice to Party
A under the following conditions:
(1) Party A has not provided Party B with necessary working and living
conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.

VIII. Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $500 to US $1,000 (or the equivalent in RMB).

If Party B asks to cancel the contract due to events beyond control, it should product certifications by the department concerned, obtain Party A�s consent, and pay their own return expenses; if Party B cancels the contract without valid reason, they should pay their own return expenses and pay a breach penalty to Party A.

If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B�s return expenses; if Party A cancels the contract without valid reason, it should pay Party B�s return expenses and pay a breach penalty to Party B.

IX. The appendix of this contract is and inseparable part of the contract and has equal effect.

X. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward it�s request to another party 90 days prior to the expiration of the contract and sign the new contract with consent.
Party B shall bear all expenses incurred when staying on after the contract expires.

XI. Arbitration
The two parties shall consult with each other and mediate any disputes, which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert�s affairs in the State Bureau of Foreign Experts and ask for a final arbitration.

This contract is signed at in duplicate, this day of ,20 , in Chinese and English languages, both texts being equally authentic.




-----------------------------------------------------------
Party A:
(Signature)




Party B:
(Signature)



WUHAN YUCAI BOARDING PRIMARY SCHOOL
ENGAGED FOREIGN TEACHERS� WORKING AND LIVING CLARIFICATIONS
This contract is attached to contract No.____________.
Work Related Issues
⒈ A clear and thorough plan for the current term is to be made before the commencement of a new term. This will include the details of teaching target, content, estimated arrangement for time and schedule and students� require knowledge.
⒉ A thorough teaching plan for every unit should be written and checked by the concerning personnel on time.
⒊ Be sure of familiarizing with teaching plan and adjusting plan properly before beginning classes. Reflection shall be written after class.
⒋ Make teaching plan with concerning teachers together once monthly. Once monthly teaching quality inspection lesson is to be taught and an opening lesson facing to parents is to be taught once a term.
⒌ Prompt and regular allocating, correcting and redistributing of homework. It is the duty of teacher to pursue the student for mending and correction in case of any student fail to do homework or run short of homework on time or make great errors.
⒍ Accept all kinds of forms for teaching quality assessments made by the school at mid- and the end of term.
⒎ Neither late getting nor early leaving school（Foreign teachers have the same timetable with Chinese.）Neither late beginning nor early ending lessons. Fully make use of time in class, raising teaching efficiency and guaranteeing teaching quality and students� security in class.
⒏ Every teacher shall give 20 lessons per week, each lesson should be 40 minutes in duration.
⒐ Physical and verbal punishment is not permitted. Accepting gifts or dinner invitations from students and their parents is forbidden.
⒑ To respect the teaching assistants and treat all teachers equally.
⒒ Without school�s permission, it is not permissible to render service unrelated to the work of school, e.g. private tuition in any form.
⒓ Coordinate with school�s any form of inspection, receiving job and take part in a series of activities of school actively.
⒔ Students are aged from 6 to 12, so the employees are encouraged to use their own teaching materials and creative ways in class.
⒕ Besides regulations mentioned above, the employee should observe
other concerning education and teaching regulations made by Yucai primary school.

As concerning wages and living expenses (paid in RMB):
⒈　Wages
(1) The employee�s wages will be: RMB 5，000 yuan per month in the first semester. If the employee worked well and was competent, from the second semester on, the employee�s wages will be properly increased. According to the National Tax Bureau documents, if the employee�s wages go beyond RMB 4,000 yuan, it should pay tax consciously and take care of tax by oneself.
(2) From the beginning of taking office to the ending of the contract, the employee�s wages are given for completed months, and that of incomplete months will be issued according to the number of working days with each working day being considered as 1/30 of month. The wages will be distributed on the 30th of each month. From July 1st to August 28th of this contract period (summer vacation), the employee will not be arranged to give teaching, the employer will pay one month salary.
⒉ Other welfare
(1) RMB 200 yuan is set aside for vacation part reimbursement and RMB 100 yuan is for telephone per working month. The reimbursement will be paid only at one time at the end of the semester according to the number of working months.
(2) According to the regulation set by the Foreign Affair Bureau, the foreign teacher should pay the trip ticket for coming to China oneself. If the contract period is one academic year, the employer shall pay the employee the round trip ticket on the basis of the bought ticket and the limitation of the reimbursement is RMB 8000 yuan. If the contract period is half an academic year, the employee shall be reimbursed a half according to the above standards and the limitation of the reimbursement is RMB 4000 yuan. The reimbursement will be issued when the term of the contract has expired.
(3) The employer should provide the employee with favorable
accommodation conditions which includes a single bedroom with furniture, a kitchen, a bathroom, a toilet and all necessary household electrical appliances including a television, a washing machine, a refrigerator, an air conditioner, a microwave oven. The housing and all the provided appliances is the property of the employer, the employee only has right for usage. If in case of man-made damage or broken-down, it is obligatory of the employee to repair or compensate for the item ad valorem.
(4) The employer will supply the employee with the facilities for Internet usage, the employee shall take care of the Internet fee by oneself. The employee should not disobey concerning laws and regulations when surfing the Internet.
(5) The employee shall pay for the fee of water, including water for drinking, electricity, coal gas, including natural gas, CATV, parking and so forth in person.
(6) If the employe rent the house by himself, the employer will pay the employee RMB 1000 yuan per month for allowence(pay monthly).)
(7) Seeing a doctor
① The employee can apply for reimbursement at a limitation of medicine fee of RMB 4,000 Yuan based on valid bill of document per year. The employee shall pay for the exceeding expenses. The employee shall see a doctor in the public hospital ratified by Chinese Government. The employer reimburses according to the personally medical records and valid bill of document which are in the term of contract.
② Registration, transportation to and from hospital fee, hairdressing and beautician fare, masseuse, tooth and eye-care charge, pregnancy and giving birth, any expenses incurred for non-essential medicine or doctor�s house calls are payable by the employee.
( Insurance
The employer shall purchase an insurance named general safeguard insurance for individual person for the employee every year.
Working schedule and holiday
⒈ Every employee shall give 20 lessons per week, each lesson should
be 40 minutes in duration. Extra classes are negotiable according to the employee�s wishes. And the extra pay for extra classes will be RMB 50 Yuan per hour.
⒉ Only after the rearrangement of lessons, the employee is able to enjoy the privileges of main religious holidays. If in case of any conflictions between religious holidays and working days as set by Chinese Government, then the employee must abide by the arrangements set by the Government for work and rest.
⒊ The employee shall respect Chinese people�s moral standards and
customs. The employee is able to enjoy the privileges of China�s festival holidays which are as follows: the New Year�s Day, the Spring Festival, the International Labor Day, the National Day and other legal festival holidays.
⒋ Only the term of the employment is one academic year, the employee is able to enjoy the privileges of one vacation (the winter vacation) with wages offered by educational organization (the employer) where he or she works during the employment period.
⒌ If the employee wants to go out of school during working time, he/she must go through the procedure of asking for leaving and registering for coming back, and return to school on time. The employee shall notice the employer one day earlier if not able to work on time. The employee is able to ask for leave after the employer�s permission. And wages will be deducted from according to the number of the missing days after going through the related procedure.
Sick leave &private affair leave
⒈ During the contract period (one academic year), if the total days of
sick leave in hospital are less than 20 days, the wages will be paid as due; if exceeds this, the wages will be considered to be fixed at 50% until the work is normally. If the total days of asking for leave owing to the common sick are totally less than 3 days every month, the wages will be paid as due, if exceeds this, the wages will be taken out according to the number of the missing days. The employee must show the medical certification for any kinds of leave including sick leaving and hospitalization.
⒉ During the contract period (one academic year), if the total days of private affair leave are less than 3 days a month, one day�s wage of the month will be taken out for each day thereafter. If the total days of private affair leave exceed 3 days a month and 10 days an academic year, two days� wage will be taken out for each exceeding day thereafter.
⒊ Leave without prior consent, 3 day�s work wages will be deducted
from the month as a result. In the event of serious cases, the employer has the right to cancel the contract and look into the duty of the employee who goes against the regulations.
4. During the contract period (one academic year), if the employee can not take normal teaching activities because of pregnancy, the resolution accords to the first regulation of sick leave and private affair leave.
 Pay attention
During the contract period, the employer is required to stay at the lodgings as indicated on the school permit only. Prior consent of the employer is needed before the employee is able to live outside. Visiting guests shall not affect the employee�s normal work and it is not permissible to keep the guests stayed overnight. There are three situations which are as follows:
⒈ The employee keeps the guests stayed overnight without the
employer�s permission.
⒉ Living outside for personal affairs although asking for leave prior.
⒊ Living outside without the employer�s prior consent.
If any above situation happened, any sudden accident occurred to
the employee (including personal harm caused by natural, personal harm caused by man-made, sudden illness and so on) is going to be in charged by the employee. Furthermore, the employer has the right to cancel the contract and look into the duty of the employee who goes against the regulations.
4. Going out for private affairs out of working time. (Such as getting drunk, fighting, gambling and so on.)
Cancellation of the Contract
1. If the employee has to cancel the contract because of irresistible affairs, the testimonial of relative organization must be shown. And the employee has to inform the employer one month beforehand. After the assent of the employer, the expense for leaving China is offered by the employee himself/herself.
2. If the employee cancels the contract without reason, or she/he can not take normal teaching activities when she/he meets particular situations (more than 20 continued days), besides the expense for leaving China is paid by the employee himself/herself, the employee must pay a breach penalty of US $ 500 to 2000 to the employer.
3. If the employer cancels the contract because of irresistible affairs, after the employee�s assent, the expense for leaving China is offered by the employer; if the employer cancels the contract without reason, besides the payment of the employer�s expense for leaving China, a penalty is paid also.
Supplement
The employee�s probation period is one month from the beginning of the engagement on the contract. During the period, if the teaching quality is good, the contract is considered as valid. If the employee is not competent to accomplish the job during the probation period, the employer has the right to cancel the contract without paying any expenses.

The Employer The Employee
(Signature) (Signature)

[randyj]

This looks like an old contract someone has taken from the deep recesses of their computer and dusted off for subsequent use. There are throwbacks, like onerous restrictions on the teacher's personal activity, incorrect threshold for income tax, and low overtime pay. Otherwise, it is definitely so-so.

[dean_a_jones]

It's ok (assuming you are happy with the pay/hours). The first part is the just taken from a standard SAFEA contract. Here is what jumped out at me from the second part. Most of these could be resolved/clarified by asking the school (or a current teacher or two):

[Tefl Novice]

Thanks a mill for the replies!

The part that has me worried is the 'breach of contract penalty'.

If I'm reading it correctly, this means I'd have to fork out $500-1000 if I wanted to leave the position early.

Is this normal practice?

[dean_a_jones]

That is what is in the printed contract from SAFEA that everyone gets issued (in fact as another mentioned, it seems a bit outdated, the numbers have gone up). It allows for a different amount to be agreed in an appendix contract. In this case, they have just kept the same amount. You could ask them to be more specific, or try to negotiate a notice period for which a breach penalty will not apply, but they might not be interested in changing things like this.

It does mean that technically, if you wanted to leave early without a legitimate excuse, then you would have to fork over the cash. These parts of contracts never make much sense, as when they suggest 'irresistible affairs' that might make leaving early legitimate (I guess they are thinking something like a death or serious illness in the family) they still want a months notice, which often just wouldn't be possible.

These breach clauses are in every contract, though it seems to me that you are more likely to negotiate over leaving at a mutually agreed time without penalty. Having said that, if you want to leave because the school is breaking your contract in other ways, it will probably be a big mess and they are unlikely to be willing to cooperate.

You are never going to get all the contract clauses to line up in a favourable, clearly stated way for you. They are usually in crappy English, and schools often don't want to negotiate every little detail you don't like. I would try to clarify some of the other things, but give the breach penalty a miss (especially as they haven't even bothered to think it through, and have just cut and pasted from elsewhere).

Speak to some current teachers at the school if you haven't already. They should be able to give you a much clearer picture of what it is like to work at the school, and do some research to see if they school (and city) has a good/bad reputation etc. If you can get as clear a picture as possible in this way, then hopefully you won't need to worry about the breach clause as you will be satisfied with where you are.

[Non Sequitur]

Can you buy a return trip airticket for RMB8000?
Also, not sure if you are paid for the Chinese NY holiday.

[The Great Wall of Whiner]

I won't list all the things I see wrong about this except for one:

20 classes a week for 5k a month



This is like 2 classes in the morning, 2 classes in the afternoon. Monday to Friday (I assume). Classes are 40 mins BUT I bet my gold to your stones that you will be at the school for over 5 hrs. a day.

And as for being treated like a 13 year old kid being controlled so much (can't go there, can't sleep here, can't have visitors, etc.)


PASS.

Pass. MUCH better out there.