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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Mon Jan 11, 2016 3:33 pm Post subject: Big brother clause in contract |
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I have just provisionally agreed to a contract. However, the updated contract, with the amendments that were discussed with the Uni, has a new clause that was not there before.
My first reaction is to request, very firmly yet politely, a removal of the clause. But, I would like to step back for a second and consider if I am overreacting by getting some feedback.
Here it is:
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Party B shall inform Party A of the place where he/she is going when out of the campus for more than 24 hours or overnight outside his /her apartment, and inform of his/her trip route and return date in written form before start travel inside China. Party B, when accommodate relatives or friends for night, shall go through the registration formalities with the public security organ. |
The first part I can live with. Honestly, in the unlikely event that I would stay out overnight somewhere (girlfriend’s place for example) I would not call my university handler, but taking trips etc., - no problem with letting them know. The second part in bold was the new addition that just rubs me the wrong way. Has anyone had a similar/identical clause in their contract? How did you deal with it? And what the hell is a “public security organ”? I know that many times in China these things are stated, but not really enforced in practice, so I kind of need a little perspective here from those that have experienced this before.
Any thoughts appreciated! |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Mon Jan 11, 2016 4:34 pm Post subject: |
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So... no one thinks this clause is a little iffy?
Of all the contracts I have been given to review (~27), including the two I have signed, not one contract has had these or similar clauses. Being that the bold part was put in at the last minute, it makes me wonder why it was included. And no, I am hesitant to believe there is a concern for some relevant fire safety regulation at work here... ( Ex. how many uni's bolt there dorm buildings at night)
No thoughts...anyone ? Please  |
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mackidrei
Joined: 04 Apr 2013 Posts: 29
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Posted: Mon Jan 11, 2016 4:49 pm Post subject: |
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someone caused problems in the past with people they had staying at their place. maybe it was too much noise, maybe they let people use their apartment while they weren't around. this has happened at my uni, they put new regulations into the contract but no one actually puts effort into enforcing or following them. i'd talk to teachers there and see how strict it really is. |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Mon Jan 11, 2016 5:05 pm Post subject: |
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mackidrei wrote: |
someone caused problems in the past with people they had staying at their place. maybe it was too much noise, maybe they let people use their apartment while they weren't around. this has happened at my uni, they put new regulations into the contract but no one actually puts effort into enforcing or following them. i'd talk to teachers there and see how strict it really is. |
Thanks for the reply!
This sounds reasonable. But, apparently, there are no foreign teachers there (or have been there in awhile), so I can't check. It would just be me under the microscope.
You have a similar clause in your contract ? You just ignore the signing guests in and such? I have no nefarious intentions similar to what you described, it is just the monitoring that bothers me. As the only English foreigner there I will already be highly visible and would loath the extra intrusion of reporting my 'guests' and where I go. |
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jimpellow
Joined: 12 Oct 2007 Posts: 913
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Posted: Mon Jan 11, 2016 5:05 pm Post subject: |
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This is also from the 2013-2014 changes being implemented. Need to keep a constant eye on those foreign devils. At the least the school is putting it in there to protect their butts. Will they enforce it? Time will tell... |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Mon Jan 11, 2016 5:14 pm Post subject: |
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jimpellow wrote: |
This is also from the 2013-2014 changes being implemented. Need to keep a constant eye on those foreign devils. At the least the school is putting it in there to protect their butts. Will they enforce it? Time will tell... |
You have seen this too then... I am just thinking to myself that I should just ignore it and not explicitly bring it up, as it would not bring about any positive result. It would probably backfire.
On the other hand that is a devilish thing to sneak in at the last second. Maybe it is a way to monitor and ensure that I do not mingle with the fairer sex. Joking aside though, as a middle aged man, it irks me to high hell... |
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mackidrei
Joined: 04 Apr 2013 Posts: 29
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Posted: Mon Jan 11, 2016 5:56 pm Post subject: |
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the rule at my uni is that you can't have anyone stay at your place overnight unless they're family. plenty of teachers have "friends" stay over regardless, no one checks or says anything.
i'd ignore it, you'd only cause yourself problems bringing it up and they then might feel the need to keep an even closer eye on you. only foreign teacher? that's likely to happen regardless. |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Mon Jan 11, 2016 6:05 pm Post subject: |
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mackidrei wrote: |
the rule at my uni is that you can't have anyone stay at your place overnight unless they're family. plenty of teachers have "friends" stay over regardless, no one checks or says anything.
i'd ignore it, you'd only cause yourself problems bringing it up and they then might feel the need to keep an even closer eye on you. only foreign teacher? that's likely to happen regardless. |
yeah, I am thinking that this might be the best route to take.
Out of curiosity, I do know that Chinese faculty often live on campus. I wonder if they have these kinds of clauses in their contract as well? |
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OhBudPowellWhereArtThou

Joined: 02 Jun 2015 Posts: 1168 Location: Since 2003
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Posted: Mon Jan 11, 2016 9:55 pm Post subject: |
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Similar clauses have been in every contract I've seen or signed for a job in a public university.
If you go out of town and stay in a hotel, your passport will be copied, and the record of your stay will probably be sent to the PSB. There's no way out of that provision because eventually, your boss will find out where you've been.
The clause regarding overnight guests and family members are standard clauses. If you have a sister or daughter come visit, she'll have to bring her marriage certificate showing her maiden name if she is married or divorced. I've seen that. A guy's grown daughter who was the spitting image of him came for a visit. The FAO was informed of her impending arrival. She couldn't see the very strong family resemblance. She had to see the girl's passport. AFAIK, the PSB wasn't involved.
Non-related overnight guests: this is the morality clause which is usually ignored by everyone (including the boss) unless someone wants to start trouble. (That could be a Chinese teacher, a campus worker, the boss, or one of your fellow FTs). In that case, there's no winning because there'll suddenly be "many people who wish to remain anonymous". I've been through that one and all of the false charges of my entertaining "much younger Chinese women overnight". It wasn't pretty and none of it was remotely true. I found out that my predecessor at that school was unjustly accused of a similar but more outrageous charge. He was supposedly entertaining fourteen year-old girls in his apartment. (The originator of that one was a drunken Brit who worked once worked at that school and had it out for the guy because he was from the Republic or Ireland. The Brit stayed in touch with the FAO and kept her informed of what the city FTs were doing).
Get ready for that sort of drama
Don't even bother to discuss that clause. My observation is that Public university FTs who want to have a sex life while in China usually rent another apartment off-campus. |
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The bear
Joined: 16 Aug 2015 Posts: 483
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Posted: Mon Jan 11, 2016 11:14 pm Post subject: |
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I've only ever seen one clause like that on a contract for a public uni, and I must have seen well over 20 contracts in my time. That uni was a military university and was strict with security. |
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jimpellow
Joined: 12 Oct 2007 Posts: 913
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Posted: Mon Jan 11, 2016 11:18 pm Post subject: |
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I agree with Bud that a foreigner has always been tracked to some degree in China. In my first lao wai love pad, I would always position my bed to be at an optimal viewing angle to that one odd looking security detector in the corner.
I would also caution some against confusing this with a school's morality clause.
The wording and the late inclusion do make me wonder if the jurisdictions are starting to implement, and will stronger enforce the security provisions of the 2013-2014 changes. There is certainly enough feedback that it is happening in other areas.
I would actually ask about it. Not that you will likely get an informed or honest answer. |
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hz88
Joined: 27 Sep 2015 Posts: 162
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Posted: Mon Jan 11, 2016 11:50 pm Post subject: |
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To all intents and purposes these are the official rules that any establishment accommodating foreigners must deal with.
As to how they are implemented or enforced largely depends on where you are and the type of place you are living in. Certainly on campus accommodation has this enforced, again to what degree depends on the aforementioned.
Certainly where I am it is. Our FAO is flexible to a degree but won't permit it for more than a couple of days and if they are foreign he will take a copy of their passport. There is a notice at the entrance and in every apartment that we are not allowed long term overnight guests. There are surveillance cameras which cover every entrance and exit anyway and you have to pass the initial security post to enter so they would make a note of it and call the bosses for approval or not.
In Shanxi even for a private landlord to rent to or provide accommodation to a foreigner they must get local police approval and there are areas which are off bounds to foreigners in this regard. Many other posts on this and other boards mention this.
As for what Bud says, yes this is true, I have seen it first hand. Once a hotel registers you in their system it is automatically fed into the PSB database and they can see where you are at the press of a few buttons. Last year we had a foreigner leave unannounced and our FAO was able to determine through the local police that he had in fact exited the country that previous evening. Unless you stay somewhere where it is not logged (and that would have to be some real backwater or a tent!) it can and will be logged.
Public Security Organs refer to PSB (Public Security Bureau) or local police.
As for staying off campus, technically this is true, you are supposed to notify them. We were told if we are absent for more than 48 hours we should. If we are we are noticed anyway so usually get a call so I usually just send a brief text saying I will be 'away' for a few days. I never get asked as to where.
Just all part of being in China and it is just the way it is, like it or not. |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Tue Jan 12, 2016 12:55 am Post subject: |
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Similar clauses have been in every contract I've seen or signed for a job in a public university.
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A lot of Uni's and a lot of variance. I must be unlucky with this uni.
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If you go out of town and stay in a hotel, your passport will be copied, and the record of your stay will probably be sent to the PSB. There's no way out of that provision because eventually, your boss will find out where you've been. |
This is the aspect that I have no qualms about. I am not worried about the fact that they can track what city or hotel i am staying in.
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The clause regarding overnight guests and family members are standard clauses. If you have a sister or daughter come visit, she'll have to bring her marriage certificate showing her maiden name if she is married or divorced. I've seen that. A guy's grown daughter who was the spitting image of him came for a visit. The FAO was informed of her impending arrival. She couldn't see the very strong family resemblance. She had to see the girl's passport. AFAIK, the PSB wasn't involved. |
I can see why they would want to know if you have long-term guests. Again, I am not too worried about that.
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Non-related overnight guests |
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This is what I am mostly referring to. I certainly don't plan to be running some sort of underage brothel. I am just a normal middle aged guy who will hopefully have a normal dating life, which includes a lady friend that might stay the night once in awhile. Or alternatively, I spend a night at her place.
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Get ready for that sort of drama |
This is what I think the clause is trying to instigate. They can't assume that I am some sort of eunuch.
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Don't even bother to discuss that clause. My observation is that Public university FTs who want to have a sex life while in China usually rent another apartment off-campus. |
Renting another place would be cost prohibitive. If it was an option to have off-campus housing I would go that route. But it seems that public uni's rarely, if ever, have this option. |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Tue Jan 12, 2016 12:58 am Post subject: |
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The bear wrote: |
I've only ever seen one clause like that on a contract for a public uni, and I must have seen well over 20 contracts in my time. That uni was a military university and was strict with security. |
The uni I am thinking about is certainly no military university. Even so, would the Chinese staff that live on campus be required to report to the 'Public security organ' if they have a girlfriend that stays a night ? |
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TeacherInChina
Joined: 17 Dec 2010 Posts: 206
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Posted: Tue Jan 12, 2016 1:09 am Post subject: |
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Jim Pellow wrote
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I agree with Bud that a foreigner has always been tracked to some degree in China. In my first lao wai love pad, I would always position my bed to be at an optimal viewing angle to that one odd looking security detector in the corner. |
What?!?! I hope you are joking
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The wording and the late inclusion do make me wonder if the jurisdictions are starting to implement, and will stronger enforce the security provisions of the 2013-2014 changes. There is certainly enough feedback that it is happening in other areas. |
If it was their standard morality clause, then why was it added the last minute? There were other changes made to my contract last minute and with no discussion, all of which benefited them, so the last sentence about accommodating a friend for a night, one must register with the Public security organ was something they explicitly wanted to include. But really? One night? This appears to be more concerned about curtailing or monitoring specific activity.
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I would actually ask about it. Not that you will likely get an informed or honest answer. |
I think I am dealing with a teacher, as she has had to get approval from her "boss" on everything we have discussed. |
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