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DixieCat
Joined: 24 Aug 2010
Posts: 263
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 Posted: Wed Dec 08, 2010 9:33 pm Post subject: |
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WTO agreement, although as I have repeatedly said, court procedures may not have caught up with trade agreements and the requirement that all contracts are treated with the same weight. The real problem is the interpretation of the contract and not the language.
A school here has fined teachers for leaving early even though they were informed that they had a 5 min window as per the contract which was written in both Chinese and English, but the management has deemed that the window was placed in the contract to speak to the clock being not accurate as opposed to the FTs leaving within the window. |
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Miles Smiles
Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee
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| Posted: Wed Dec 08, 2010 10:34 pm Post subject: |
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If there is a contract dispute, the governing agency that provides the first stage of arbitration is the State Agency of Foreign Expert Affairs, not the Chinese legal system.
Do a search of this forum for SAFEA and also google SAFEA to learn about the experiences of others. This will give you a good idea of the outcome of some FT's attempts solve school-related problems through this alleged system of arbitration. |
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DixieCat
Joined: 24 Aug 2010
Posts: 263
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| Posted: Thu Dec 09, 2010 12:04 pm Post subject: |
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| If there is a contract dispute, the governing agency that provides the first stage of arbitration is the State Agency of Foreign Expert Affairs, not the Chinese legal system. |
SAFEA is a voluntary organization and many school do not belong so there is no real first stage and even for the schools who do belong there is no obligation to accept the out come of arbitration by either party. |
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DixieCat
Joined: 24 Aug 2010
Posts: 263
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| Posted: Thu Dec 09, 2010 12:06 pm Post subject: |
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| Quote: |
| If there is a contract dispute, the governing agency that provides the first stage of arbitration is the State Agency of Foreign Expert Affairs, not the Chinese legal system. |
SAFEA is a voluntary organization and many school do not belong so there is no real first stage and even for the schools who do belong there is no obligation to accept the out come of arbitration by either party.
The labor board does have arbitration in Chinese but as with all arbitration in China unless agreed to before hand (and even then sometimes not) the out come may not be acceptable to one or both of the parties. |
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El Chupacabra
Joined: 22 Jul 2009
Posts: 378
Location: Kwangchow
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| Posted: Tue Dec 28, 2010 4:04 pm Post subject: Re: My Chinese and English contracts have different terms |
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| hoyao wrote: |
| I've seen sample contracts on the forums that state that both the English and Chinese texts are "equally authentic." |
Authentic, yes. Valid, no. Only the Chinese contract is valid. Even then, the words of a Chinese contract are not taken all that seriously. |
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