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Teatime of Soul
Joined: 12 Apr 2007
Posts: 905
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 Posted: Tue Mar 31, 2009 1:49 pm Post subject: |
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| naturegirl321 wrote: |
| so I guess that there's nothing that can be done. |
Not true. The SAFEA standard contract is designed to be amended by an addendum.
There is nothing, nothing at all, that prohibits the Addendum to state: Article VIII (or whatever article covers breach penalty) is amended as follows: "Penalty shall be reduced to 100 RMB if Party B (Teacher) provides more than 30 days advance notice of departure"
The fact is the breach penalty most certainly can be amended, (as well as nearly any other clause of the SAFEA contract).
Interestingly, SAFEA doesn't really care what the addendum says, and often will not even accept a copy of it when the standard SAFEA contract is submitted, (even though they both have equal weight in law) because it is really simply a private agreement between the employer and employee.
SAFEA just wants to ensure their copy is signed, thus satisfying the basic requirements. |
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englishgibson
Joined: 09 Mar 2005
Posts: 4345
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| Posted: Tue Mar 31, 2009 4:43 pm Post subject: |
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the basic requirements to shut up and work. if you don't like it, you can leave..but pay the fine first
| Quote: |
| 500 USD to 2000 USD (or the equivalent in RMB) is quite a range. |
i assume circumstances might either bring it down..but i agree that the door opens to abusive employers there.
SAFEA is a chinglish contract with little consideration for fts. however, and it's my view that if employers aren't protected enough, we might have to pack and go. let's face it..we haven't proved ourselves either. chinese have their own ways of generalizing and if they see a few rotten apples that're imported, they'll act accordingly as their history tells them.
cheers and beers to no emoticons in my above post   |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Wed Apr 01, 2009 6:57 am Post subject: |
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| The SAFEA standard contract is designed to be amended by an addendum and under contract law, it becomes part of the contract, also under contract law a judge can decide what he considers and what he doesnt..... true as well that SAFEA really doenst even want a copy in many cases as they will not consider the additions in the addendum...and an arbatrator or a judge can simply not consider them...pretty much as useless as SAFEA itself... |
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