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Contract conditions: Am I being unreasonable?
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Grinjin



Joined: 29 May 2017
Posts: 8

PostPosted: Tue Jun 13, 2017 4:34 pm    Post subject: Contract conditions: Am I being unreasonable? Reply with quote

A company is offering me a position at a preschool, but I have a few problems with their contract:

    1. Their standard contract requires 230 days of work during 12 months. They're offering me an 11 month contract but still still requiring 230 days. I calculated that this means I'll have to work 20-30 days on weekends, and never be sick or take vacation, just to fulfill the minimum contract requirements.

    2. The contract says that I have to do any extra work the principal deems necessary, beyond the 230 days, and outside of normal working hours. There is no limit to the amount of work that may be required, and there is no extra compensation for this extra work.

    3. If I quit, or if the school fires me, I have to pay back all moving costs and all the money they spent renting me a house/apartment. And of course I get no end-of-contract bonus or flight home.


I've asked them to change these things, but so far they've said that headquarters isn't willing to change anything, that it's the standard contract for all their teachers.

This is a large company with many schools throughout China and in other East Asian countries. They seem professional and organized, and their communication is much better than most schools I've dealt with. They assure me that they've never fired any Foreign Teacher and that they would only do so in extreme circumstances.

My instinct says to not accept the contract as it is, but am I being overly paranoid or unreasonable? Are many contracts in China like this? Does Chinese labor law offer me enough protections that I don't have to worry about the above problems with the contract?
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Hermosillo



Joined: 17 Jun 2014
Posts: 176
Location: Chiang Mai, Thailand

PostPosted: Tue Jun 13, 2017 5:05 pm    Post subject: Reply with quote

Typical BS. Run, don't walk. Their contract wording often borderlines on ridiculous.
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getbehindthemule



Joined: 15 Oct 2015
Posts: 712
Location: Shanghai

PostPosted: Wed Jun 14, 2017 12:15 am    Post subject: Reply with quote

It beggars belief how anybody even considers signing a contract with those clauses built in. We have very little rights here, but you don't go giving them power like that over you in a contract...just stupid imo!
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OhBudPowellWhereArtThou



Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003

PostPosted: Wed Jun 14, 2017 12:45 am    Post subject: Reply with quote

Save yourself while there's still time.
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Grinjin



Joined: 29 May 2017
Posts: 8

PostPosted: Wed Jun 14, 2017 1:10 am    Post subject: Reply with quote

Yeah, I mean if this were a company in the U.S. I would say no without hesitation; but I guess when you don't know the culture and there are supposedly hundreds of teachers who accepted this contract, it makes you doubt.
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OhBudPowellWhereArtThou



Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003

PostPosted: Wed Jun 14, 2017 2:02 am    Post subject: Reply with quote

They seem professional and organized, and their communication is much better than most schools I've dealt with. They assure me that they've never fired any Foreign Teacher and that they would only do so in extreme circumstances.

Forget the culture. Forget appearances. They say that they've never fired anyone. How many FTs pulled a runner?

Don't even consider this contract. You wouldn't accept a contract like this back home. Why would you even consider such a contract drawn up by a culture and country that's on the other side of the world?
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Jmbf



Joined: 29 Jun 2014
Posts: 663

PostPosted: Wed Jun 14, 2017 2:25 am    Post subject: Reply with quote

The contract terms are indeed onerous. The only way anyone in their right mind would accept such terms was if the salary was truly extraordinary (e.g. 40K / month ++ after tax)
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LarssonCrew



Joined: 06 Jun 2009
Posts: 1308

PostPosted: Wed Jun 14, 2017 2:52 am    Post subject: Reply with quote

The 'do what the principal' says makes me shudder.

Hey! Dress up in a chicken costume and hand out these flyers for six hours outside McDonalds on Saturday please!
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Kalkstein



Joined: 25 Aug 2016
Posts: 80

PostPosted: Wed Jun 14, 2017 3:02 am    Post subject: Reply with quote

The only time I've seen such terrible contracts is when they're hiring a teacher illegally. If you meet all the requirements (degree/clean criminal record check etc...) then this is a goddamn awful contract and I wouldn't even consider it for a second.
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Kierana



Joined: 23 Sep 2011
Posts: 22

PostPosted: Wed Jun 14, 2017 2:21 pm    Post subject: Reply with quote

Just thought id chime in too... I wouldnt even consider that contract, I would have had all those clauses removed or walked. If it was a school I was considering for the first time I would have just refused it and not even bothered to negotiate as the mere presence of those terms indicate the kind of workplace and people that are present there.

TL;DR Say no thanks and move on
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Grinjin



Joined: 29 May 2017
Posts: 8

PostPosted: Wed Jun 14, 2017 3:16 pm    Post subject: Reply with quote

They've agreed to the following changes:

    1. Contract will start August 1 instead of September 1, so that there are 12 months in which to work 230 days.

    2. Added the clause: "Party A can give Party B extra paid vacation time equal to the amount of time worked by Party B outside of normal working hours."

    3. I do not have to pay anything back if I'm fired. If I quit, I have to pay back moving costs but not the money previously paid for house/apartment rental.


I'm asking them to change "can" to "will" in #2. I think they just copied and pasted that sentence from what I wrote, where it was presented as an alternative to paying me overtime.
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Jmbf



Joined: 29 Jun 2014
Posts: 663

PostPosted: Wed Jun 14, 2017 3:48 pm    Post subject: Reply with quote

I will reiterate my earlier comments. Is this worth it? What is the proposed salary?
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yurii



Joined: 12 Jan 2017
Posts: 106

PostPosted: Wed Jun 14, 2017 7:13 pm    Post subject: Reply with quote

I'm a bit confused why you're even bothering discussing this with them. You should have refused the job and moved on. There's tonnes of other jobs in China! What if they go back on their word with those changes?
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Grinjin



Joined: 29 May 2017
Posts: 8

PostPosted: Wed Jun 14, 2017 7:41 pm    Post subject: Reply with quote

Well I'm limiting my job search to only Yunnan, and this is the best offer I've received so far. I haven't applied to any language schools, only universities and international schools. I think I started applying a little late and missed some opportunities.

I'm sure I can find a job at a language school, maybe even one that pays better, but I'm thinking experience at an international school would be better for career growth.
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LarssonCrew



Joined: 06 Jun 2009
Posts: 1308

PostPosted: Wed Jun 14, 2017 11:24 pm    Post subject: Reply with quote

Hang on, there are 120 days that you needn't work, so 2 days a week x 52 is 104. So you'll essentially only have 16 other days holiday a year that aren't your weekend.

Dude pass on this. Being desperate always leads to people being in a bad way.
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