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Contract Question

 
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TheOdyssey



Joined: 28 Feb 2015
Posts: 7

PostPosted: Sun May 10, 2015 4:38 am    Post subject: Contract Question Reply with quote

Hello. Could someone enlighten me as to the meaning of this?

"If the work to be done takes less than a month, the payment shall be made by the day, each being one thirtieth of the monthly salary."

At first glance it seems obvious enough, but the more I think about it, the more confused I become. Shocked

For reference, this IS for a teaching position.

Thanks.

:bow:
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Sun May 10, 2015 4:42 am    Post subject: Reply with quote

The answer is the obvious one. If the work takes 20 days you get paid for 20 days, not 30 or 31. Without any more information to add context it's hard to say what is really meant though. All kinds of possibilities here.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 10, 2015 4:48 am    Post subject: Reply with quote

My take is that if say you start on the 15th of the month you get 15/30ths of the pay for that month. Similarly, if you finish on say 25th you get 25/30ths.
We would say pro rata pay for part months.
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zacharybilton



Joined: 23 Apr 2015
Posts: 118

PostPosted: Sun May 10, 2015 6:22 am    Post subject: Reply with quote

It's unfortunate you don't understand this...

Never agree to such a thing.

Apparently nobody understands the concept of salary versus hourly employ.

Then there is the issue of "30" days per month as the divisor versus, for example, 20 days (20 working days - 5 days per week x 4 weeks per month).

Any job that is trying to do this should be avoided.

Salaried jobs are salary; which means, a fixed amount of money for a maximum agreed upon amount of work. Work one hour, get one month of pay.

But hey, if you can't understand that basic sentence, then there are bigger issues.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 10, 2015 8:52 am    Post subject: Reply with quote

It's unfortunate you don't understand this...

This is you in a nutshell Zachary. Always the ad hominem put down.
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Son of Bud Powell



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

PostPosted: Sun May 10, 2015 10:37 am    Post subject: Reply with quote

I've seen this in contracts. I believe it was in the context of overtime work or extended contracts. I don't believe it pertained to anything in the middle of the term. Can you provide the context?
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Sun May 10, 2015 4:04 pm    Post subject: Reply with quote

I agree with ZB on this one: unless you work every day of the month, the pro rata divisor shouldn't be 30 or 31, but rather in the 20 to 22 range.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 10, 2015 5:58 pm    Post subject: Reply with quote

The OP says '30'.
The higher the divisor the better it is for the employer, but certainly not uncommon.
When make up days are scheduled, they always involve working on weekends so they are not a 'no go' zone as some seem to imply.
There's nothing ambiguous about it.
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TheOdyssey



Joined: 28 Feb 2015
Posts: 7

PostPosted: Sun May 10, 2015 10:00 pm    Post subject: Reply with quote

Son of Bud Powell wrote:
I've seen this in contracts. I believe it was in the context of overtime work or extended contracts. I don't believe it pertained to anything in the middle of the term. Can you provide the context?


Certainly. This excerpt (and the one in the OP) is from the appendix of the contract:


Appendix to Contract
This is an inseparable part of the standard contract. Party A is ______, and Party B is the foreign teacher.
Ⅰ. Salary
1. Party B will get paid since the day of starting working for Party A.
2. During the period of contract, Party B’s monthly salary will be _____
yuan RMB. If the work to be done takes less than a month, the payment shall be made by the day, each being one thirtieth of the monthly salary.
3. The full monthly salary will be paid on the 8th of each month. If it is delayed for special reasons, Party A should inform Party B in time.
4. Party B is responsible to pay any required taxes levied by the Chinese government.
Ⅱ. Workload
Party B will teach, according to the arrangement of Party A, 20 class hours per week. Party B must guarantee the teaching quality.

Note: I blocked out salary (nothing to write home about Razz) and the institution.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 10, 2015 10:51 pm    Post subject: Reply with quote

20 class hours is a max and you'll likely do 14, 16 or 18. Trouble is if you are starting beginning Sept you likely won't know your detailed schedule until you arrive and maybe only on the night before classes start. If you are arriving at a random time to take over from another teacher then you may get more info up front.
As has been covered recently on another thread a 'teaching hour' is 45 or 50 mins.
Back to the pro rated days it really comes into play in Feb when the lunar NY gives the start of the holiday. It moves around i.e. this year (2015) 18 Feb was NY Eve, but in 2016 it's around 8th I think.
If you have a deal that pays NY break then there shouldn't be any prorating, but TIC as always!
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TheOdyssey



Joined: 28 Feb 2015
Posts: 7

PostPosted: Mon May 11, 2015 3:00 am    Post subject: Reply with quote

For this position, I would be paid the equivalent of a month's salary for Winter Break, so I guess that answers my question. Thanks.
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asiannationmc



Joined: 13 Aug 2014
Posts: 1342

PostPosted: Mon May 11, 2015 5:52 am    Post subject: Reply with quote

prorated salary
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