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Contracts - What is said vs. What is written
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Sat Jan 07, 2012 2:33 am    Post subject: Reply with quote

kev7161 wrote:
I disagree. . . . to a certain degree. Question

For the past two years in my contract, I had taken on an extra job besides my regular teaching. With that extra job title came a TON of duties, for not too much extra pay. At the end of my last contract, I decided I couldn't do this extra job full time AND teach full time. Not only was the pay not good enough for the extra job, but it was also too exhausting to do two full time jobs in the course of a day.

For my current contract, I stepped back from that title and accepted a "lesser" title and had them spell out exactly what my extra job duties would be - - 4 or 5 much more manageable tasks. We agreed to the extra pay (which is actually exactly the same pay as before, just fewer responsibilities) and life is better for me. However, they kept trying to get me to do more duties at the beginning of the school year and I kept politely yet firmly refusing to do them. I would refer to my contract as needed. Now we are mid-year and those requests have decreased considerably and the person assigned to do my previous job seems to be more invested in it now, so all is well . . . I guess.

So I think it IS important to get all your ducks in a row before you sign a contract. Being new at any school is opening the door to possibilities for that school to use and abuse you. You don't have to be a dick about it when negotiating, but I think one should stand firm on issues that are important to them so these points won't come back to bite you in the you-know-where at a later time. Signing a contract in China that you hope to be happy with is never a guarantee of smooth sailing, but at least it's a step in the right direction


I agree with Kev's good advice.

DosEquisX, in your situation I would request that the school add a clause in the contract that states clearly that payment starts from February 1st. In the past if any school promised to pay me full salary throughout my contract, I requested that they insert it in the contract (If it wasn't explicitly stated, already). Every school agreed to this.

Don't be demanding. Be polite but firm. Many an FT has come unstuck in China by not getting these things settled from the beginning.
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Sat Jan 07, 2012 1:24 pm    Post subject: Reply with quote

Quote:
So I think it IS important to get all your ducks in a row before you sign a contract. Being new at any school is opening the door to possibilities for that school to use and abuse you.


I agree. With my current job, they had something in the contract about Sunday evening teaching. I told them to remove that from the contract, and they did. I have had no problems regarding weekends off. When summer camp came, they used up all the hours they could assign me without paying me overtime though. If I had not been firm about the Sunday issue, then it's quite possible they would have scheduled me on weekends to teach as well.

Get the contract the way you want it if it needs to be enforced. Then, to build rapport, ignore the contract so long as exchanges are being made. When you feel you are being taken advantage of, take the contract out and discuss it with them. They can either modify things with exchanges or be held to the contract terms, their choice.
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Doiley



Joined: 02 Jan 2012
Posts: 8

PostPosted: Sat Jan 07, 2012 3:23 pm    Post subject: Reply with quote

Regarding contracs for teachers: Rule of law is strongly enforced in China. Generally the court system provides a highly favorable environment for dispute resolution for all, regardless of social or econmic status. I hail from a Western country and do not have Chinese ethnicity. As a foreigner I am impressed that since 1949, China has developed a well functioning legal system. This is something that took many Western countries, such as ours, hundreds of years to develop.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Sat Jan 07, 2012 3:26 pm    Post subject: Reply with quote

LOL! Where is that sarcasm smiley face? I guess a Shocked or a Rolling Eyes will have to do!
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steve b



Joined: 31 May 2011
Posts: 293
Location: China

PostPosted: Sat Jan 07, 2012 4:32 pm    Post subject: Reply with quote

I never knew that.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Sat Jan 07, 2012 4:33 pm    Post subject: Reply with quote

igorG wrote:
steve b wrote:
Or they resort to spamming websites.
Not only Chinese may have reasons to spam websites Wink


so true. spam is loved by white canadians without a single drop
of chinese blood. (the canadians....not the spam.) Wink
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Sat Jan 07, 2012 4:56 pm    Post subject: Reply with quote

Doiley wrote:
Regarding contracs for teachers: Rule of law is strongly enforced in China. Generally the court system provides a highly favorable environment for dispute resolution for all, regardless of social or econmic status. I hail from a Western country and do not have Chinese ethnicity. As a foreigner I am impressed that since 1949, China has developed a well functioning legal system. This is something that took many Western countries, such as ours, hundreds of years to develop.


It is easy to "develop" a legal system when you copy everyone else's. I have not heard that China is a 'rule of law' country; quite the contrary. And from what I've seen it does not function well. Guanxi comes to mind.

Do you get paid for this? Do they pay per post? Can I get some of this action?
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steve b



Joined: 31 May 2011
Posts: 293
Location: China

PostPosted: Sat Jan 07, 2012 5:02 pm    Post subject: Reply with quote

Actually China has a far more developed legal system than most developed countries - in many cases the verdict is arrived at before the trial begins!
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