struelle
Joined: 16 May 2003
Posts: 2372
Location: Shanghai
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 Posted: Wed Jul 07, 2004 2:22 pm Post subject: Re: CAN THIS BE RIGHT? |
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| Quote: |
| When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the term stipulated, that is, breaks the contract, it must pay a breach penalty of U.S.$500 to 2000(or the equivalent in RMB). |
This was the exact same clause I had in my past contract. It is completely identical: word for word, punctuation for punctuation, value for value.
There must be some pool of contract clauses which employers are drawing from - either a provincial or national source. Schools write their own specific clauses. But they also copy and paste the standard ones they want.
I'd negotiate this one, perhaps a flat penalty (US $500?) or a completion bonus instead. However you swing it, the ball should be in your court given that you think over the case while the school just copies a clause from some pool.
| Quote: |
| Also the contract states that if I leave the campus on the weekend I must inform them of my where abouts. That seems kind of oppressive to me, and means that If i leave campus without telling them I'm subject to this huge fine... |
Can you post the specific clause here? When you say '... this huge fine', do you mean the 500-2000 above, or a different penalty?
Regardless, this is another point to negotiate. I don't buy the whole safety argument that others keep bringing up here. If you travel across the world on your own, surely you have the responsibility and can take care of yourself if you travel to another Chinese city on the weekend.
Employers here think their role of hiring you as a FT goes beyond that, to their being your host in China. If that's what they want to think, fine, but what you do in your private time is your own business.
Hope this helps,
Steve |
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