Job Discussion Forums

[the dakota kid]

My current school is refusing to provide a copy, complete with chops, of my contract. I was never provided with an official, bilingual copy after the initial signing. I have requested it several times in person and via email. We are currently engaged in a dispute over the first monthly salary and I am unable to verify the contents of the contract.

Could the PSB provide a copy? If my understanding is correct, they were given a copy for the issuance of the visa. I do have a current, legal visa and residency permit. For reference, this is in Shenzhen.

[rogerwilco]

Contacting the PSB may solve all your problems, or it may create more.

Good luck, and it would be great if you could later give us an update on how it worked out for you.

[Bud Powell]

I keep saying this to people: Find out where the City Foreign Affairs Office is located, and drop in on them. They usually play by the rules, and they'll either make a call to your FAO or drop in unexpectedly to find out what kind of operation exists in the school.

[A593186]

[rogerwilco]

[Javelin of Radiance]

If you're working legally then the PSB or SAFEA office are options. Holding back a copy of the contract is something I haven't heard of happening before. What's the nature of the salary dispute?

[the dakota kid]

The contract is stated for a yearly sum, in 12 monthly payments. The first monthly payment was short... they computed it as a partial month worked. This is a private school, not a language center or buxiban, I will be paid next summer as well. I will not be working next summer, but I will still be paid (as per the contract). The director feels that since I did not work for part of August, I should not be paid the full amount. I inquired about the stated amount at the top of the contract and he said that was a maximum amount that could be earned, not a guarantee I did not take a day off and I reported to work on the days requested. I should be paid a full month. I am concerned now that they will not pay next summer... as I won't be working either.

I truly don't know why they won't provide a legal copy of the contract. This is my fourth year in the PRC and I have never had this issue. I am trying to avoid the SAFEA and/or the FAO/PSB, but they are forcing my hand.

The contract appeared to genuine, they do have permission from the SAFEA to hire foreign staff, and they are organized by a rather large organization that has hundreds of schools/universities around the world... it just doesn't add up.

[choudoufu]

what exactly DO you have?

i assume you were emailed a copy of the contract at the beginning
of the process. you signed and scanned and emailed the signature
page back to them. is this what you mean by the "initial signing?"

if so, and you did not sign a real contract when you arrived, then you
don't have a contract.

so.....the week you arrived, did you sign a serial-numbered contract
booklet? if so, did you read it? and did you compare it to the unofficial
contract you were emailed?

[the dakota kid]

Choudoufu,

you are correct. I signed an initial contract via email. When I moved here, I was presented with a proper contract to sign. I checked and it matched the other contract as far as I could tell. I don't recall signing each page on this contract however, but I could be mistaken.

I have been trying to get a copy since mid July. My last employers then needed a week or so to get another official copy and provided me with one. If there was not a concern over the interpretation of the contract, I would not even worry about it.

tdk

[choudoufu]

well, why not post the exact language from the copy that you do have.
i'd guess that if you dig through it, you'll find something about partial
pay for partial months.

when did you begin work? how much of august did you work, and how
short was the pay?

if the stated sum is a maximum and not a guarantee, then the
contract should state how the final sum is arrived at.

[the dakota kid]

I started work on August 9th, the contract is from August 1st. I was paid a third less. The verbage for partial months states that it is the difference of the days worked/total number of working days. As stated, I did not take a day off and reported for the complete period they requested. I do understand their viewpoint though. The contract states 12 monthly payments and a gross sum. This is a bit contradictory, especially given the fact that the summer session will be paid and no classes will be held. Zero days of work/Zero work days = Zero

If their interpretation is correct... I am still left in doubt about the summer salary and the lack of a contract.

[wangdaning]

Well, it might not be a dispute at all. You only worked part of the month. In their books the other part might come next year when you finish the beginning of said month. So, your final pay from them on your 12 month contract might be a partial payment of September.

[the dakota kid]

Wangdaning,

I have asked the same thing... if there will be a balloon payment at the end for the total amount of the stated contract.... no comment. He offered the comment that total stated was the maximum possible, not the salary total.

PRC living.... tdk

[teachingld2004]

I am very confused. You say you do not have a copy of your contract, and then you say your contract states..................

So u have a copy of your contract or don't you? If you do, then read it very very carefully.

You did keep a copy, didn't you?

[muffintop]