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teaching in public schools is illegal
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amandabarrick



Joined: 30 Dec 2004
Posts: 391

PostPosted: Sat Mar 25, 2006 12:50 pm    Post subject: Reply with quote

Quote:
In China though, they have no rewritten education laws. I found this at the Chinese Ministry of Education website on Chapter 3 of Education Law regarding "Qualifications" for teachers.....
http://www.moe.edu.cn/edoas/website18/info1428.htm
Quote:

Rule 11: Those qualifying as teachers must posses a relevant record of formal schooling; this is�

1) to obtain kindergarten teacher qualification: one must be a graduate of a Child Teacher Training Institution as well as more formal schooling

2) to obtain elementary teacher qualification: one must graduate from Middle School Teacher Training Education and more formal schooling

3) to obtain elementary school or secondary school qualifications, one must graduate from an elementary teacher training institution and must have graduated from a higher teacher training college for professionals or else posses a specialization of expertise from a university



There is nothing in here that allows uncertified Chinese teachers to teach in public schools. So those who are uncertified and who do teach in public schools are violating Education Law.



Exactly. Chinese teachers must be certified. Foreign English Teachers at public elementary schools, middle schools and high schools have a different set of qualifications. I would also like to note that or else posses a specialization of expertise from a university in which case a Foreign Teacher with a degree would probably satisfy the qualification for "specialization of expertise."

I asked a lawyer in China and he said the same. I know a public middle school where the assistant principal is a Foreign English Teacher. Wink

--AB
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Sat Mar 25, 2006 7:03 pm    Post subject: Reply with quote

Quote:
Foreign English Teachers at public elementary schools, middle schools and high schools have a different set of qualifications.


Okay. Sure. I will go along with that - they are playing a loophole but it can be used to the detriment of the outsourcing company. The principal only sees that education law is followed which only applies to Chinese citizens. So, since an English teacher falls outside of education law, the principal has no direction over him. So, he cannot legally tell a foreign teacher what he should teach or anything.

This is the case with about 1500 public school positions in Japan. (One company, Interac sends about 600 Mormon missionary trained teachers to public schools, by the way.) And in their regulations to English teachers it actually says that the certified teachers cannot discuss lesson planning with the English teacher since the company is totally in charge of the English teacher, not the public school. An utterly stupid situation.

Further, an English teacher outsourcing company in Tokyo, Korakuen English Center, has a branch in Shanghai and is sending foreign teachers to public schools there as well. The same situation that we are dealing with in Japan, also applies in China.

While management techniques can be transfered from one country to another, so can labour techniques to fight unscrupulous management. The EFL teacher unions in Japan have been fighting these outsourcing companies for over 2 years now on the issue of illegal outsourcing of English teachers in public schools. The companies are in a very weak position - the law is against them.

And it looks like the law is against Korakuen and other English teacher outsourcing companies in China.
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amandabarrick



Joined: 30 Dec 2004
Posts: 391

PostPosted: Sun Mar 26, 2006 5:43 am    Post subject: Reply with quote

All the more reason not to use an outsourcing company, wangtesol.

I would refer to Roger's first response to your post:
Quote:
I believe the OP is deluding himself that he needs an "Investment Union" as a go-between to get work at such schools.

He would be well advised not to get hired by that outfit and to go straight for a job at a public school.


The principal cannot legally tell a foreign teacher what he should teach? Who cares... In most cases the principal doesn't tell a foreign teacher what to teach. It's a pretty good situation actually, the teacher has more freedom on lesson planning.


--AB
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Mon Mar 27, 2006 1:31 am    Post subject: Reply with quote

I have utterly no intention of teaching through an outsourcing company. I simply wanted to know how they work in China as compared to Japan.

Quote:
The principal cannot legally tell a foreign teacher what he should teach? Who cares... In most cases the principal doesn't tell a foreign teacher what to teach. It's a pretty good situation actually, the teacher has more freedom on lesson planning.


I think you are missing a bit of the point of my posts here. I am trying to give teachers some leverage with their supervisors. So, I am telling you that legally no one at the school can tell you to even go to class, let alone what you should be teaching. So, if there is a dispute that arises any time for teachers at pubic schools, you can refer to the letter of the law and say to them,"Well, legally I am not susposed to be here. I follow your directions out of the goodness of my heart." (something like that Very Happy ).
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YearOfTheDog



Joined: 22 Jan 2005
Posts: 159
Location: Peterborough, ON, Canada

PostPosted: Mon Mar 27, 2006 3:37 am    Post subject: Reply with quote

wangtesol wrote:
I have utterly no intention of teaching through an outsourcing company. I simply wanted to know how they work in China as compared to Japan.

Quote:
The principal cannot legally tell a foreign teacher what he should teach? Who cares... In most cases the principal doesn't tell a foreign teacher what to teach. It's a pretty good situation actually, the teacher has more freedom on lesson planning.


I think you are missing a bit of the point of my posts here. I am trying to give teachers some leverage with their supervisors. So, I am telling you that legally no one at the school can tell you to even go to class, let alone what you should be teaching. So, if there is a dispute that arises any time for teachers at pubic schools, you can refer to the letter of the law and say to them,"Well, legally I am not susposed to be here. I follow your directions out of the goodness of my heart." (something like that Very Happy ).


Have you ever had the pleasure of working for a Chinese Headmaster. A phrase like that would go over real well.

I believe the next line you would hear would be..."You not supposed to be here?... You no pay.... You go bye bye."
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KarenB



Joined: 20 Sep 2005
Posts: 227
Location: Hainan

PostPosted: Thu Mar 30, 2006 6:36 am    Post subject: Reply with quote

If it were illegal to teach at a public school, the government would not issue resident permits and work visas for teachers to teach at public schools. Probably half the FTs in China are legally teaching in government high schools, colleges, and universities, including myself.
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Mysterious Mark



Joined: 15 Dec 2004
Posts: 121

PostPosted: Sun Apr 02, 2006 9:54 am    Post subject: Reply with quote

I've just heard from a friend in Guangzhou that the local government banned foreign teachers from public schools not so long ago. The public schools now contract English classes out to private schools, and the students physically leave their schools, in the daytime, to go have English lessons with FT's elsewhere. I have no first-hand information on this.

If one major city can do it, I suppose any other city can, but that doesn't constitute a national ban.
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