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Breach Penalty in contract
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Wiganesi



Joined: 02 Oct 2013
Posts: 46
Location: UK

PostPosted: Fri Nov 22, 2013 9:42 am    Post subject: Breach Penalty in contract Reply with quote

Hi,

I just got a good offer from Jianghan University, Wuhan.

I am however, hugely concerned with a particular area of the contract concerning a breach penalty

Quote:

Ⅷ. Breach Penalty

When either party fails to fulfill any part or all of obligations as stipulated in this

contract, that is ,in the event of breach of the contract, the said party shall pay a breach

penalty of US﹩800 to 3000 or equivalent to 3 to 10 times Party B’s monthly salary

in RMB. If both parties consider it necessary to determine an exact sum of the breach

penalty, or to determine a breach penalty higher or lower than the above-mentioned

amount, it shall be explicated in the appendix of this contract.

When Party B claims to cancel this contract due to force majeure, it shall produce

certifying documents issued by competent authorities; after the contract is cancelled

with Party A’s consent, Party B shall bear the traveling expenses thus incurred; and

when Party B fails to provide any valid reason to cancel this contract, it shall bear the

traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in

this contract.


Does this effectively mean that I could be paying 70000RMB for a small, insignificant breach of contract like being late once?
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hochhasd



Joined: 03 Jul 2008
Posts: 422

PostPosted: Fri Nov 22, 2013 10:43 am    Post subject: Re: Breach Penalty in contract Reply with quote

Wiganesi wrote:
Hi,

I just got a good offer from Jianghan University, Wuhan.

I am however, hugely concerned with a particular area of the contract concerning a breach penalty

Quote:

Ⅷ. Breach Penalty

When either party fails to fulfill any part or all of obligations as stipulated in this

contract, that is ,in the event of breach of the contract, the said party shall pay a breach
They are not going to hit you for breach of contract if you are late once. Why would you want to work at that location? Lambton has a location in which the living quarters are shared and the teaching location is in the middle of nowhere. They have a hard time in getting people to work there. They are probably just happy to have someone .

penalty of US﹩800 to 3000 or equivalent to 3 to 10 times Party B’s monthly salary

in RMB. If both parties consider it necessary to determine an exact sum of the breach

penalty, or to determine a breach penalty higher or lower than the above-mentioned

amount, it shall be explicated in the appendix of this contract.

When Party B claims to cancel this contract due to force majeure, it shall produce

certifying documents issued by competent authorities; after the contract is cancelled

with Party A’s consent, Party B shall bear the traveling expenses thus incurred; and

when Party B fails to provide any valid reason to cancel this contract, it shall bear the

traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in

this contract.


Does this effectively mean that I could be paying 70000RMB for a small, insignificant breach of contract like being late once?
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hochhasd



Joined: 03 Jul 2008
Posts: 422

PostPosted: Fri Nov 22, 2013 10:44 am    Post subject: Re: Breach Penalty in contract Reply with quote

Wiganesi wrote:
Hi,

I just got a good offer from Jianghan University, Wuhan.

I am however, hugely concerned with a particular area of the contract concerning a breach penalty

Quote:

Ⅷ. Breach Penalty

When either party fails to fulfill any part or all of obligations as stipulated in this

contract, that is ,in the event of breach of the contract, the said party shall pay a breach

penalty of US﹩800 to 3000 or equivalent to 3 to 10 times Party B’s monthly salary

in RMB. If both parties consider it necessary to determine an exact sum of the breach

penalty, or to determine a breach penalty higher or lower than the above-mentioned

amount, it shall be explicated in the appendix of this contract.

When Party B claims to cancel this contract due to force majeure, it shall produce

certifying documents issued by competent authorities; after the contract is cancelled

with Party A’s consent, Party B shall bear the traveling expenses thus incurred; and

when Party B fails to provide any valid reason to cancel this contract, it shall bear the

traveling expenses thus incurred and pay the breach penalty to Party A as stipulated in

this contract.


Does this effectively mean that I could be paying 70000RMB for a small, insignificant breach of contract like being late once?


They are not going to hit you for breach of contract if you are late once. Why would you want to work at that location? Lambton has a location in which the living quarters are shared and the teaching location is in the middle of nowhere. They have a hard time in getting people to work there. They are probably just happy to have someone .
P.S. I believe the campus is not Jiangnan University, but another college that has Lambton's program or what they call North American now.
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dean_a_jones



Joined: 03 Jul 2009
Posts: 1151
Location: Wuhan, China

PostPosted: Fri Nov 22, 2013 10:56 am    Post subject: Reply with quote

FYI that is the standard language of the state-issued SAFEA contract. Your school should issue an appendix with that, which will go into more specific detail about the contract with the school (flight allowance, apartment situation, visa fees etc.) which sits alongside the SAFEA contract, and is usually more relevant. If they added anything about contract breach to this part of the contract, then the wording of that will be key.
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Wiganesi



Joined: 02 Oct 2013
Posts: 46
Location: UK

PostPosted: Fri Nov 22, 2013 11:06 am    Post subject: Reply with quote

I should have said, this isn't purely an ESL job, It's teaching Biology. I'll be teaching specialized English too and will likely take a part time ESL job to supplement my earnings. So I don't know if the campus is in the same area as the ESL parts.

During my interview I was told that the University is a 50RMB taxi from Wuchang and Hankou which is decent I suppose. I'll clarify with a few questions before signing anyway. When I google mapped it it said like 50 minutes walk to Hankou, although I suppose the campus is all over the place.

Thanks for the warning though, I'll be sure to clear this up.

Are these breach of contract clauses common in the contract then? What kind of stuff would you have to do to activate them?

Has anyone here worked for/ know anyone who has worked for this University?
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Wiganesi



Joined: 02 Oct 2013
Posts: 46
Location: UK

PostPosted: Fri Nov 22, 2013 11:07 am    Post subject: Reply with quote

Thanks Dean, I think maybe I'll get a few things cleared up in the appendix. They are offering a rate of 80RMB/Hour for overtime. That's less than the standard hourly rate which is weird so I need to get that cleared up too.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Fri Nov 22, 2013 11:12 am    Post subject: Reply with quote

Quote:
FYI that is the standard language of the state-issued SAFEA contract


Very true and I have NEVER heard of it being implemented.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Fri Nov 22, 2013 11:24 am    Post subject: Reply with quote

Heed Hochshad's advice. I looked into Jiangnan in Wuxi. At the time, there were two systems in place: the old in which Lambton was not involved, and the other in which Lambton required FTs to follow a program with micromanagement. The pay was okay, and the accommodations looked okay, but I contacted two teachers there, both of whom said that they were not happy with the Lambton program. One was really unhappy with living in Wuxi. He was a Ph.D. (I knew of him in the U.S.).

I'd pass on Jiangnan. Any school that isn't capable of administering its own programs isn't worth teaching for.

The sample contract that I was sent required 20 hours of instruction per week. What does your contract require?
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Wiganesi



Joined: 02 Oct 2013
Posts: 46
Location: UK

PostPosted: Fri Nov 22, 2013 11:32 am    Post subject: Reply with quote

The contract doesn't stipulate hours a week just hours a year- I'll get hours a week inserted into the appendix. I've got to stress that this isn't a pure ESL job- I'll be teaching mainly Biology. I'm assuming that Lambton is some sort of English teaching program?

The job offer said no more than 16 hours a week and I'll be getting paid /month. Pretty good deal?


Last edited by Wiganesi on Mon Jan 13, 2014 12:13 pm; edited 1 time in total
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hochhasd



Joined: 03 Jul 2008
Posts: 422

PostPosted: Fri Nov 22, 2013 12:09 pm    Post subject: Reply with quote

Wiganesi wrote:
The contract doesn't stipulate hours a week just hours a year- I'll get hours a week inserted into the appendix. I've got to stress that this isn't a pure ESL job- I'll be teaching mainly Biology. I'm assuming that Lambton is some sort of English teaching program?

The job offer said no more than 16 hours a week and I'll be getting paid 7500RMB/month. Pretty good deal?

I believe I know who Bud is talking about and he is still working there , but the place has an high turnover. Wuxi is better to live in than where you are going. I know some teachers at that location taught specialized classes, but the reason you are getting a higher amount to teach English or science is due to the fact they can't get people to teach there and a 50 rmb taxi ride is not cheap when you start adding it up. Good luck!
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twilothunder



Joined: 09 Dec 2011
Posts: 442

PostPosted: Fri Nov 22, 2013 12:09 pm    Post subject: Reply with quote

It's a terrible deal for subject teaching.
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hochhasd



Joined: 03 Jul 2008
Posts: 422

PostPosted: Fri Nov 22, 2013 12:11 pm    Post subject: Reply with quote

twilothunder wrote:
It's a terrible deal for subject teaching.

1+
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Javelin of Radiance



Joined: 01 Jul 2009
Posts: 1187
Location: The West

PostPosted: Fri Nov 22, 2013 12:37 pm    Post subject: Reply with quote

twilothunder wrote:
It's a terrible deal for subject teaching.

If one were a Phd or a PGCE, or held a state certified teaching license of some other sort this might not be a great deal. But I don't think that's the case here. Frankly speaking teaching oral English is probably more draining and frustrating than any other subject (ESL is a subject in my book) because of the problems in getting students to participate. Any other subject can be taught in lecture format. If the classroom hours are the same and there isn't a lot more preparation involved I don't see too much wrong with this as a first job. Then again I'm an optimist Very Happy


Last edited by Javelin of Radiance on Fri Nov 22, 2013 12:39 pm; edited 1 time in total
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Wiganesi



Joined: 02 Oct 2013
Posts: 46
Location: UK

PostPosted: Fri Nov 22, 2013 12:39 pm    Post subject: Reply with quote

What would you say is a standard deal for subject teaching? I think I'm going to take it as it will be my first proper job and I think it's decent pay for the hours. Thanks for all the issues you've all brought up though, I'll make sure I get clarification on these issues.
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twilothunder



Joined: 09 Dec 2011
Posts: 442

PostPosted: Fri Nov 22, 2013 12:45 pm    Post subject: Reply with quote

For a first job it's not bad, I suppose. See it as a stepping stone.

I am a subject teacher (postgraduate degree but no teaching qualification). Never been paid less than 16000 rmb/month including first job (Tier-1 cities though).
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