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Is This Overtime?

 
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gerard



Joined: 16 Jan 2003
Posts: 581
Location: Internet Cafe

PostPosted: Thu Mar 27, 2003 9:40 am    Post subject: Is This Overtime? Reply with quote

Hello-My z-visa job calls for 15 hours a week...they asked me to go to another school for 5 hours a week overtime. At 90 Y per hour which sounded fine. I suppose that is against the rules but they said as long as I have the work visa not to worry. OK. Now my classes at job A have been reduced to 10. So they tell me that job B is no longer overtime because I am only working 15 hours total. My view is that job B has nothing to do with my contract and is not really even legal. In fact I took those hours voluntarily. (And if they dont have 15 classes for me that"s their problem pardon my French.)...I feel like they are pulling something here. On the other hand I dont want to quit the job B-I like the staff and students also dont want to create any bad blood with my main job.... So is this the norm here---everyone accepts that your hours can be taught anywhere??? Question Question Question
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MyTurnNow



Joined: 19 Mar 2003
Posts: 860
Location: Outer Shanghai

PostPosted: Thu Mar 27, 2003 3:21 pm    Post subject: OT Queston Reply with quote

I don't know the particulars of your contract or your situation, but it doesn't sound from what you write that you have much of a case. At least assuming that all of this work is ultimately for one employer.

If your contract is for 15 hours a week, you are obliged to give them 15 hours a week at their pleasure. How it's sliced and diced doesn't usually matter much. Read your contract...the answer may be in there somewhere.

If the other job is voluntary and you feel you are being screwed, get out of it. But it really doesn't sound like you have too much of a beef here.

Sorry, wish I had better news...
MT
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MyTurnNow



Joined: 19 Mar 2003
Posts: 860
Location: Outer Shanghai

PostPosted: Thu Mar 27, 2003 3:30 pm    Post subject: One more point to OT Question Reply with quote

One last thought...
It sounds like your employer was giving you 20 hours of which 5 was OT, and then that got cut to 15 total between the 2 locations.

If you quit job B, bringing your total hours down to 10, your employer may have the right to pro-rate your pay down to 10 hours' worth. Again, you owe them 15 hours a week and location isn't terribly relevant. Up to that 15 hours, you can't really refuse work.

This isn't mistreatment or crooked behavior. This is just contract reality. Be careful.

MT
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davis



Joined: 19 Jan 2003
Posts: 297
Location: in the Land of the Big Rice

PostPosted: Fri Mar 28, 2003 2:00 pm    Post subject: Reply with quote

I agree with both writerman and my turn now. You may have a technical breach. Maybe you don't. You agreed to 15 hours. Your employer gave you a Z visa. You're set. My advice is go with it. You said you like the second school. Where's the beef? You contracted for 15 hours. You have 15 hours. You like 5 of those hours. Enjoy. Now go out and get some extra hours on your own which probably is against the contract and then we'll have another post to consider...peace
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Fri Mar 28, 2003 2:53 pm    Post subject: Reply with quote

Yes, where is the beef? 15 hours is a pretty low number of hours. How much do you get paid for that? If you don't want to accept a cut to your pay then go along with them!
Is it a private school? Then, they have a strong case to make you earn your salary.
Writerman is correct in that your school is your sponsor, and you are not normally allowed to work elsewhere. But what is 'normal'? You are on loan to some other school - and still working for your employer.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Sat Mar 29, 2003 4:16 am    Post subject: Reply with quote

gerard,

ni hao.

I am writing under the assumption that the second school you are working at is not run by the school that gave you the z-visa, that the second school pays you directly. If the secon school is run by the first school, you should work there. If the transportation is longer (more then, say, 15 minutes) you should tell them you want to be paid for additional transportation time.

PROBLEM 1
I would say it is definitely true that the two jobs are separate. of course, we don't know all the particulars. But if your contract with the school that gave you a residence says 15 hours, and they only have ten hours of teaching for you, you are not required to do more. I think this is pretty straightforward (oxymoron in China). It is quite common for a school to hire a foreign teacher in anticipation of geting loads of students, then there aren't as many students, so they cancel the class. technically their problem, not yours.

PROBLEM 2
Working at a second school may or may not be legal. It is accepted practice. What is also quite common is for the school to rent you out. So your school's FAO or the school is probably getting 50-100 or more for every hour you are working, depending on the city. I think this is made evident by what is happening now. So the FAO might pocket the whole 150 the other school is paying (90 to you, 60 to him) But it is definitely not the norm for your school to consider the outside 5 hours as being their time.

PROBLEM 3
What to do about it? That's the real question. My own advice is to tell your FAO (Foreign Affairs Officer, person you deal with at the school) that you do not accept his/her interpretation. That the two are unrelated, that you thank him for getting you the second job (which also gave him good guanxi), but that his answer is unnaceptable. Tell him you understand that your hours are less, tell him thank you for the second job, but that you will have to tell the second school that you must stop teaching. Tell this to the secon school as well.
Volunteer to do some teaching de
velopment at your first school in liu of not teaching the five hours. Be creative about what you could do for them to make up the five hours, and you might only need to spend three hours, and also you might benefit. research different possible texts. Go online and find help for their Chinese teachers, etc.
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gerard



Joined: 16 Jan 2003
Posts: 581
Location: Internet Cafe

PostPosted: Sat Mar 29, 2003 8:57 am    Post subject: Reply with quote

Thank you gentlemen for the replies. School B is ILLEGAL--I was told upfront. They do not have the proper licence to hire foreigners. And they are not owned by school A--taht is why it seems all of the hours should be OT as they would be almost anywhere but I know China is unique. So I was just asking...I realize I do have it pretty good either way... Turns out I agreed to work as they wished and in a few weeks my hours will be over 20 so we are all happy... Thanks again...
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