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No signing of contract till after arriving in China?

 
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greasy ponytail



Joined: 10 Mar 2015
Posts: 5

PostPosted: Tue Mar 31, 2015 1:24 pm    Post subject: No signing of contract till after arriving in China? Reply with quote

Has anyone had experience of an employer who would only provide a vague offer letter before arrival in China, and state they will only sign the contract after successfully competing their visa, medical, reference check and 5 days training in country?

Does it sound like these 5 days training are actually an extended interview process? What are the risks that they won't sign the contract after spending money on getting to China, or that they will suddenly change the terms and benefits of your employment? And where does that leave you, if you only have an offer letter? High and dry I assume?

Anyone with any experience of such practise or any advise is welcome.
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ghost



Joined: 30 Jan 2003
Posts: 1693
Location: Saudi Arabia

PostPosted: Tue Mar 31, 2015 1:56 pm    Post subject: Z visa Reply with quote

Getting the coveted z visa - which leads to the 'Foreign Expert Certificate' is normally done in your country of origin. That is, to be employed legally in China, you normally need to have the Z visa in your passport when you come to China.

Doing it the other way (coming to China first without a z visa) does not make much sense, because, in theory, you would have to go back to your home country to get the z visa. The days of getting that visa in Hong Kong are long gone, I think.

I recently went through this whole process, and it took quite a while (several months). Different provinces in China may vary in their time frame to get the paperwork done.

The Chinese side also has to do their due diligence to try to make sure they are recruiting someone worthy of recruitment. It works both ways. But to answer your original question - it would be complicated to get a work visa in China, without the z visa in your passport from your country of origin or country of residence (sometimes you are given that option, but not always).

Ghost in China
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greasy ponytail



Joined: 10 Mar 2015
Posts: 5

PostPosted: Tue Mar 31, 2015 2:09 pm    Post subject: Reply with quote

Thanks for the reply ghost. The employer wants the z visa obtained in my home country first and say they will supply the necessary documents for this, with me providing the criminal and medical checks.

My concern is just about the contract. They refuse to supply, sign and stamp this in advance of me getting on their airplane. Is it not normal practise for the contract to be sent and signed before you arrive in China?
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Tue Mar 31, 2015 2:56 pm    Post subject: Reply with quote

greasy ponytail wrote:
Thanks for the reply ghost. The employer wants the z visa obtained in my home country first and say they will supply the necessary documents for this, with me providing the criminal and medical checks.

My concern is just about the contract. They refuse to supply, sign and stamp this in advance of me getting on their airplane. Is it not normal practise for the contract to be sent and signed before you arrive in China?


No, it's not normal practice. Usually the school will send you a copy of the contract through email to be printed, signed, scanned and returned by email. This isn't official though, it just shows your genuine interest. Once in China, they will present the same contract (bring your email copy to compare) in two copies each in English and Chinese, one copy of each for the teacher and one copy of each for the school. The official contract will have a SAEFA serial number on it.
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greasy ponytail



Joined: 10 Mar 2015
Posts: 5

PostPosted: Tue Mar 31, 2015 3:05 pm    Post subject: Reply with quote

Thanks for that roadwalker. What is the SAEFA seriel number?
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3701 W.119th



Joined: 26 Feb 2014
Posts: 386
Location: Central China

PostPosted: Tue Mar 31, 2015 4:36 pm    Post subject: Reply with quote

If your school gets the necessary Z Visa docs to you back home, that's perfect. Don't worry.

My limited experience (one contract), the school send a contract to you before you come to China, but it's not signed. It's really for reference, I thought? Legally meaningless. At most, I saw it as an 'agreement in principle' deal. Dot I's and cross T's at this point. Negotiate when you're still home.

You sign your contract proper when you come to China. By that point, they've invested a lot of time and money in you, you've got the measure of them, done your research, so it should be just a formality to sign when you arrive.

Contracts here are the same as back home, in that they are overly long and full of legalese. Difference is, back home you can take an employer to court for allegedly breaching some obscure sub-clause of a contract. In China, trust your gut. So many foreigners here moan about mundane contract nonsense. Look at the bigger picture.

As long as I'm paid on time and work the hours we've agreed, a handshake is fine for me.
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Tue Mar 31, 2015 4:46 pm    Post subject: Reply with quote

greasy ponytail wrote:
Thanks for that roadwalker. What is the SAEFA seriel number?



http://en.safea.gov.cn/

"What we do
SAFEA is responsible for certifying foreign experts to work in the Chinese mainland and organizing overseas training for Chinese technical and managerial professionals."

Contracts with foreign teachers should have a SAEFA serial number, giving the impression that they are within the law and are tracked at some point by the government. The SAEFA part of the contract will be a bit general usually and schools will attach an addendum for more specific provisions. Read it all carefully. It's better to negotiate and/or clarify from home before the trip and the expense of traveling, then bring your email copy of the contract to make sure no terms have been changed except as to what has been agreed to.
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Son of Bud Powell



Joined: 04 Mar 2015
Posts: 179
Location: Since 2003

PostPosted: Tue Mar 31, 2015 10:02 pm    Post subject: Reply with quote

FWIW: The SAFEA serial number printed in red ink on yellowish heavy stock paper is a good indication that the contract is SAFEA approved. However, a lot of universities just run off the same contract year after year sans serial number.

If you are hired by a public concern, and there's an FAO on-campus, you've got an SAFEA contract. Whether the amendments to the contracts are legal or not is often debatable.


Does it sound like these 5 days training are actually an extended interview process? What are the risks that they won't sign the contract after spending money on getting to China, or that they will suddenly change the terms and benefits of your employment? And where does that leave you, if you only have an offer letter? High and dry I assume?

I've never seen a five-day training clause on an SAFEA contract, but I've seen that sort of thing mentioned in advertisements for jobs at language schools and the like. It won't be an extended interview. You may be especially assured that it isn't if you come on a Z visa. As stated before, the school spends a fair amount of time and money to obtain the invitation letter for you to present to the Chinese consulate in your home country. (That's the SAFEST way of obtaining one. If you don't get a letter of invitation to present to the local Chinese consulate, it's a dodgy deal).

The five days is probably for orientation. Can you show us that part of the contract?
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