Job Discussion Forums

[Philfalmouth]

Hi, I've been offered a job and I'd be interested to hear someone with experiences thoughts on the contract.


This contract is made by and between XXXXX. (hereinafter referred to as XXXXX.) and the Instructor.

1. Contract Duration:
The InstructorXXXX will teach for the Special English Class Program (hereinafter referred to as “SEC Program”) XXXX(hereinafter referred to as “Project School”) from March 2 , 2015 to February 30, 2016.

2. Students to Teach:
The Instructor will teach English as a foreign language mainly to high school students aged 2-6 at the Project School.

3. Teaching Loads:
The Instructor will teach 25 hours per week. The 25 hours per week will be divided into different class periods based on the needs of the Program. In case of needs, the Instructor is required to teach extra hours per week with extra pay of RMB150 per hour.

4. Monthly Salary:
The salary for the Instructor will be 8000-10000RMB/month, which will be deposited into his/her bank account on the 15th of next month in respect of the periods beginning teaching and ending teaching. (The first month is 8000RMB, the second month is 8000RMB, The third and fourth month is 9000RMB, the f)Summer holiday and winter holiday will be unpaid. The Project school will help the Instructor to open a bank account if necessary. The Instructor will teach 25hours per week each month (22 days) exclusive of travel, pre-teaching training and class preparation time. For any month(s) in which the Instructor teach for less than a full month, the Instructor will be paid according to the actual number of his/her teaching days at the rate of per working day. If the students and parents, teachers are all happy with the teacher’s work, the salary will be raised at upon.

5. Airfare:
The Instructor will get an airfare reimbursement of up to RMB6,000 upon completion of 10 months teaching. This will be paid at the end of the contract before the Instructor leaves the school.

6. Accommodation:
The Instructor will be provided with a free, private apartment close to the Program School during the contract term. It will be a one-bedroom apartment with a separate bathroom and kitchen (either cafeteria ). The apartment will have an air-conditioner, a TV set, a refrigerator, a washing machine and some basic furniture. If the Instructor needs to have a phone line or an Internet connection in the apartment, XXXXX will assist her/him in getting them at the Instructor’s own costs upon arrival. The Instructor is required to cover her own utility costs such as electricity, water and gas as well as phone bills and Internet package fee.

7. Medical Insurance:
XXXXX will purchase a Medical Insurance for the Instructor. The insurance will be effective in 30 days after the Instructor arrives. The Instructor will be responsible for her own medical costs during the contract term.

8. Arrival Pickup and Departure Drop-off:
The Instructor is required to arrive at the Project School 3 days before the contract time, after attending a two-day pre-employment seminar in Guangzhou shortly before that date.

9. Holidays and Sickness/Private-affair Leaves:
The Instructor will have the Chinese national holidays stipulated by the Chinese government during the contract term.
If the Instructor becomes sick and requires one or two days off, he/her must make a request for sick leave to the Project School before commencement of classes. If the Instructor is very sick and requires sickness leave for more than two consecutive days, or if he/she wishes to be granted private-affair leave, he must make a request in advance by phone or email to XXXXX’s Director of International Exchange, Professor XXXX, whose phone number is XXXXXX and whose email address is XXXXX. To obtain approval for more than two consecutive days of sick leave, the Instructor will be required to provide a sick-leave certificate from a local hospital. A sick-leave request made after a class starts or without prior approval will be considered to be “absent without adequate reasons”, and may result in a penalty of RMB500 each time. A request for private-affair leave, approval of which will be dependent on very strong reasons, must be made at least two days in advance. Any missed classes during sickness or private-affair leave must be made up during the semester. The days of sickness or private-affair leave will not be paid until the missed classes are made up. A private-affair leave requested after a class starts or without prior approval will be considered to be “absent without adequate reasons” and will result in a penalty of RMB500 each time.

10. Visa:
The Instructor is expected to come to China with a work visa under the official invitation provided by the XXXXX. The Instructor is responsible for the visa application fee incurred at the Chinese embassy or consulate abroad and the cost of the Medical Exam needed. The project school will help the instructor obtain a residence permit and will also give the Instructor the relevant Foreign Experts Certificate (FEC), which is recognized in China as a form of identification instead of a passport. The FEC must be returned when the instructor leaves the school.

11. Code of Conduct:
The Instructor must abide by the Chinese government’s laws, decrees and relevant regulations concerning foreigners. He/She must be subject to XXXXX’s management, and observe the XXXXX and Project School’s rules, regulations and teaching arrangements. The Instructor is forbidden to engage her students in any political or religious discussions and activities both in and outside the classrooms. He/She is forbidden to incorporate his/her personal religious or political views into his/her teaching. The Instructor is forbidden to use profanity or make lewd or obscene gestures in front of the students. He/She is forbidden to bring in or utilize any teaching materials whose subject matter contains profanity, violence, sexuality or nudity.
12. Work Ethic:
The Instructor must prepare and deliver classes in a professional manner and with the highest standard possible. He/She must follow the teaching requirements of XXXXX
The Instructor must be punctual for classes. Lateness for more than once without fair reasons, prior requests and approvals will result in a penalty of up to RMB100 each time.
The Project School will assign one Chinese teacher who will be responsible for communicating with the Instructor. This will be in regard to class time/room changes, holidays or any changes in regards to the Instructors schedule. This will be done by email first and then by phone if necessary.

13. Contract Termination:
XXXXX has the right to terminate the contract if the project school considers the teacher unqualified for the teaching or strongly requests that the teacher be dismissed.
XXXXX has the right to terminate the contract if the Instructor seriously breaks “11. Code of Conduct”. Cheating in respect of sickness or private-affair leave, absence from classes without approval more than twice, repeated lateness for classes, discovery that the Instructor is an alcoholic or is using illegal drugs may also result in an immediate contract termination. Under such circumstances, XXXXX will not make payment or reimbursement as agreed in the contract.
XXXXX has the right to terminate the contract when the Instructor performs her teaching task below the Program’s minimum standard, and does not make satisfactory improvement after repeated guidance, coaching or warnings from XXXXX Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
XXXXX has the right to terminate the contract due to events beyond its control such as a natural disaster etc. Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching.
XXXXX has the right to terminate the contract if the Instructor has taken sick leave for 5 consecutive working days and will be unable return to normal working duties. Under such circumstances, XXXXX will pay the Instructor until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
The Instructor has the right to terminate the contract if XXXXX fails to provide her with necessary working and living conditions as agreed in this contract, or if XXXXX does not pay her monthly salary as agreed in this contract.
The Instructor has the right to terminate the contract due to events beyond her control by providing strong evidence and giving 15-days’ notice. Under such circumstances, XXXXX shall pay her until the last day of her teaching, but will not cover any other expenses as agreed in this contract.
If the Instructor terminates the contract without strong reasons, XXXXX will not pay her the unpaid salary and benefits as mentioned in this contract. In addition, the Instructor will be required to pay a breach penalty fee of RMB8, 000.

14. Arbitration:
If any unexpected matters not mentioned in this contract appear, or if any disputes arise from this contract, both parties shall negotiate with each other in a positive and friendly manner. If all efforts of negotiation fail, both parties may appeal to the Administration of Foreign Experts Affairs in China for arbitration.

This contract is written in English with two original copies. Each party will keep one copy. The contract is effective on the date of signature by both parties.




Thank you for any help you can give me.

[Shanghai Noon]

25 hours per week is a bit much, assuming they mean full 60-minute periods. As for salary and accommodation, it all depends on location.

About the visa, try to ask them for a 12-month Expert Certificate and Residence Permit instead of 10-months. The more time, the better off you are.

[LarssonCrew]

Possible one of the worst offers I've ever seen.

100 hours a month for 8000 RMB?

Not paid over the holidays?

It says you are given insurance 30 days after you arrive[why not from arrival?] and then it says you need to pay the costs?

[mysterytrain]

[Non Sequitur]

Here's the calendar for 2016.
http://www.timeanddate.com/calendar/?year=2016&country=41
Can't imagine students - especially v young ones will attend school over the Chinese NY which starts about 7 Feb.
My points:
1. Check exactly what days you will be paid for - Feb/Mar 2016
2. Unless your are a specialist early childhood teacher these students are way too young.
3. You will need mega curriculum support including resources - where are these coming from?
Best

[Philfalmouth]

Thanks for the suggestions guys.

Having just come back to my computer to re-read the contract I scrunched up my face when I noticed the age of 2 at the top. Maybe I should learn to wetnurse as soon as possible.

The job is in a southern district of Guanghzhou.

I'm speaking with both the recruitment company and with the school liason tomorrow morning (I'm in England so the time difference is a bit of a pain)
and will go over yours and my points with them and will be certainly asking for amendments.

In your experience, how do you find government owned schools to be with regards to negotiation?

If you could check back in 15 or so hours and offer some more support that would be greatly appreciated.

[roadwalker]

Government schools tend to pay over the Spring Festival holiday. They don't usually pay July and August, but some do, and others will only pay those months if the teacher signs for another year. I don't like the this contract for that reason. How are days pro-rated? It's not clear. The most teaching days a month is likely to have is 22 (weekdays). Many contracts offered for comment here have had clauses where the monthly salary is divided by 31 then multiplied by the number of days taught. That's not right. Example 8000 / 31 = 258.06 per day. 8000 / 22 = 363.63 per day. So what happens when the course ends on the 29th, leaving the 30th (a weekday) unworked?

To compare to a public university, for example, figure out how many months will be paid in full and which ones will be paid pro-rata and how much those pro-rata months add up to. Divide the sum by 10 (the usual number of paid months in a 'one year' public university contract) and you have your monthly pay to compare to a public university. School should pay the cost for a Foreign Expert Certificate, a medical check and the Residency Permit stamp for your passport. An apartment is provided for free or a stipend for rent is added to the contract amount. Many schools charge for utilities or charge for utility bills above a certain threshold.

[rogerwilco]

" In case of needs, the Instructor is required to teach extra hours per week with extra pay of RMB150 per hour. "

It sounds as though the school, not you, decides whether or not you have to work extra hours.

[Unchained English]

[Non Sequitur]

[Bud Powell]

The Instructor will get an airfare reimbursement of up to RMB6,000 upon completion of 10 months teaching.

That won't even pay for one-way airfare if you're flying in from the western hemisphere.

[Philfalmouth]

Ok, So I haven't been back on here to update the situation but I ultimately decided to pass on that previous job.

Thank you very much for your input, though. It has so far been very handy.

I have been offered a Homeroom teaching position in Shanghai (very close to the center) and have been offered the following contract.

The salary is up for negotiation - however I do not want to be greedy and overstep the mark, however the hours are fairly long. Can anyone give me some advice on this and the contract itself. Again it would be greatly appreciated




The Agreement is made this _____________________ between ____________________ Passport Number: _________________ hereinafter called the Employee of the one part and xxx (herein called the Employers) on the second part.

1. APPOINTMENT

The Employer will assign the Employee to its registered premises at xxxx

The Employee shall be employed as an ESL Teacher.

The Employee’s contract of employment is commencing on the _____________ and expiring on ______________ The probation period is ______ month. The contract will be renewed on mutually agreed terms before 1st September 2015.

The working hours at the premise shall be Mondays to Fridays (inclusive) from 8:30am to 5:00pm.

2. REMUNERATION PACKAGE

2.1 The Employee’s monthly gross income shall be RMB_______ per month before tax, of which nett salary will be paid on the 5th of the following month. Please note that your gross salary per month is _____________ and your housing allowance is at RMB_________________ which is as stipulated on item no. 4.

2.2 The Income and necessary tax will be deducted from your gross salary and the Employer will pay them to the tax bureau every month.

2.3 Bonus will be given at the discretion of the Employer upon successful completion of this contract.

3 LEAVE

3.1 Leave
The Employee shall be entitled to the following leave after probation period but is required to make himself/herself available for any summer camp, training courses, preparation or administrative duties that may be arranged during the vacation period:

(a) Annual leave of 14 days (China Public Holidays not included) of which 12 days will be given when full attendance is achieved in each month.

3.2 Medical Leave

The Employee shall be entitled to medical leave of up to 5 days per contract. Any medical leave taken by the Employee shall be in accordance with the relevant regulations by the Chinese Government and the Employer. The medical cost will be borne by the employee. Please provide the Medical Certificate from the hospital/clinic.

3.3 Maternity Leave

The employee shall not be entitled to maternity leave and the Employer does not cover for any medical costs on maternity.

3.4 Air Ticket
There will be an air ticket reimbursement to the maximum of RMB5,000 to the home residence of the employee upon completion of the 12 months.

4 ACCOMMODATION

There will be a housing allowance of RMB_______________ per month which will be paid to the Employee on the 5th of the following month as per item no. 2.

5 EMPLOYMENT RESIDENCE PERMIT/VISA

The Employee shall bear the amount RMB1,500.00 as partial payment of the Employee Residence Permit. The Employer applies for the proper work permit which is called Foreign Expert Certificate (FEC) which is solely for the purpose of teaching in preschool/ schools in China. The Employer will cover the balance amount and any other fees associated with securing a working visa incurred in China for the said employee. The Permit is only for the purpose of working at the Employer’s registered address.

6 DUTIES AND RESPONSIBILITIES

A) As an employee,

6.1 Punctuality is expected from all employees.
Failing to observe punctuality will results in the following:
1) 8:31am to 8:40am and 1:01pm to 1:10pm,
there will be a penalty of RMB10 (Cash)
2) 8:41am to 8:50am and 1:11pm to 1:20pm,
there will be a penalty of RMB20 (Cash)
3) 8:51am to 9:00am and 1:21pm to 1:30pm,
there will be a penalty of RMB50 (Cash plus half day leave deducted from your annual leave)
4) 9:01am onwards and 1:30pm onwards, it will be deemed as one day leave. This will be deducted from your annual leave.

6.2 The Employee shall observe and comply the Employer’s work system and regulations concerning administration of foreign experts and shall accept the Employer’s arrangement, direction, supervision and evaluation in regards to his/her work

6.3 The Employee must observe her/his class schedules. Furthermore, the Employee shall attend training program, and staff meetings and prepare for their classes as required.

6.4 The Employee shall also teach the designated English evening classes to children (4:10pm to 5:00pm) which will allow them to earn extra income (Taxable).

6.5 The Employee shall use teaching materials provided by or recommended by the Employer. The use of supplementary materials is encouraged. The Employee shall submit all lesson plans of the week (with report) at the end of every Friday.

6.6 The Employee will cover two classes per day making the employee having one class on the morning and one class in the afternoon. Therefore making the employee half a day homeroom class teacher to each class. There will be occasion where the Employee may have to cover the class of an absentee ESL teacher.

6.7 The Employee shall devote substantially the whole of his/her time and attention during business hours to the discharge of such duties and responsibilities.

6.8 The employee does not at any time (working hours) during the continuance of his employment engage directly or indirectly in any other business or occupation or any activities to the detriment, whether direct or indirect, of or its related organization.

B. As an Employer,

6.7 The Employer shall provide the Employee with full support. The Employer shall
respect the Employee and try to keep their relationship harmonious with
the Employee.

6.9 The Employer shall pay the salary on time, as stated in this contract. The Employer
acknowledges the differences of cultures and customs between the two parties.

6.9 The Employer shall not infringe on the Employee's privacy. In case the
Employee brings disgrace on the Employer, the Employer shall have the right
to ask the Employee to correct the situation.

7. DISCLOSURE OF INFORMATION

For the purpose of this clause, this term:

“Confidential Information” shall mean any and all information:

Which is now or at any time hereafter in the possession of the Employer.

a) Which relates to the Employer’s past, present and future research, development and business activities, including without limitations, ideas, concepts data, know-how, formula, processes, designs, photographs, drawing, specifications, programs, techniques and any information relating to the said activities.

b) Which is obtained by the Employer from a third party.

c) Which is all materials prepared by you and submitted to the Employer in connection with your employment.

“Notes” shall mean any written material, whether reproduced, transmitted, stored or translated by any means and in any medium whatsoever and such medium included but not limited to diskettes, magnetic tapes and disk pack.

7.1 The Employee shall treat all information with the strictest confidence and not disclose any of the information or any part of it to any unauthorized persons.

7.2 The Employee shall not during the continuance of this agreement make otherwise than for the benefit of the Employer any notes relating to any matter within the scope of the business of the Employer or concerning any of its dealings or affairs nor shall he either during the continuance of this agreement or afterwards use or permit to be used any notes otherwise than the benefit of the Employer; it being the intention of all parties concerned that all such notes made by him shall be the property of the Employer.

7.3 The Employee shall leave all notes and other Employer materials in the Employer’s registered office and shall only be entitled to remove the materials with the prior written approval from the Employer.
8 CONFLICT OF INTEREST

8.1 The Employee shall not, during the period of this Agreement, except with specific approval of the Employer, undertake other work for remuneration which to his knowledge would constitute a conflict of interest with the business of the Employer.

9 TERMINATION OF EMPLOYMENT

9.1 If by any chance the Employee wished to terminate this contract,
he/she will have to pay back the Employer in lieu of a month’s salary should the employee resign without any reasonable and humanity reason or by either party giving the other party one month’s in writing or salary in lieu of insufficient notice. The termination notice shall be acknowledged by either party and shall be deemed as invalid if it is submitted during official leave and Public Holidays.

9.2 By the Employer without payment if in the opinion of the Employer that the Employee disobeys or neglects or refuses to perform or comply with all lawful direction given by the School in pursuance of this Contract; or the Employee is guilty of insobriety or misconduct, breach of trust or dishonesty or the Employee is found to be incompetent or untrustworthy.

Pursuant to the Agreement of this Contract of Employment, the Employee hereby acknowledges that he/she has read and understands the contents of this Contract.

Employee:

SIGNED BY: ______________________________________________________
Name:
(Passport No: )
Date:

Employer:

SIGNED BY: __________________________________________________
Name:
Designation: Principal
Date:

For and on behalf of
xxx

[3701 W.119th]

My contract is about 15 pages long. I'm not sure what most of it means. Legalese.

I was more concerned about getting a feel for the organisation I would be working with, and the people (management). Probably naive on my part, but if it ever came down to a contract dispute, I wouldn't bet on the foreigner (me), regardless of wording.

Get the headline info (salary, hours), talk to some people from the school, then go with your gut. First job in China (assuming this is), from out of country, is always going to be a jump in the dark.

Good luck.