Job Discussion Forums

[eglayzer]

Hi all and thanks for the help!

I have been teaching in Korea for 2 years. I have a degree in Anthropology with emphasis on East Asian culture. I am a 26 year old white male. I want to come to China because I am looking for something different and warmer weather sounds like a bonus during this time of year!

However, I know very little about what kind of schools or contracts to avoid in China. I know Korea pretty well but in China the contracts very a lot more compared to the ones in Korea. With my qualifications, is this a good contract?

I Korea I am able to save about $1,000 a month, give or take. I don't have to save that much in China but not being able to save at least $500 a month would suck. More would be preferable. I live pretty simply and am frugal as hell too.

Kindergarten ESL position in Baoan, Shenzhen, China

What do you think?

"Ⅰ.Party A ___________________________________ wishes to engage the service of Party B _________________ Passport No.: _________________ as English Teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
Ⅱ.The period of service will be from the 12nd day of February , 2011 to the 11th day of January 2012 .
Ⅲ.The duties of Party B (see the attachment)
Ⅳ.Party B�s monthly salary will be 10000 RMB .
Ⅴ.Party A�s Obligations
1. Party A shall introduce Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A�s work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of conditions.
3. Party A shall provide Party B necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B�s salary regularly by the month.
Ⅵ.Party B�s Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal affairs.
2. Party B shall observe Party A�s work system and regulations concerning administration of foreign experts and shall accept Party A�s arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A�s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on on schedule and guarantee the quality of work.
4. Party B shall respect China�s religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese people�s moral standards and customs.
Ⅶ.Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctor�s diagnosis, Party B cannot resume normal work after a continued 30-day sick leave.
4. Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A had not paid Party B with as scheduled.
Ⅷ.Breach Penalty
When either of two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $500 to 2,000(or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A�s consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.
If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B�s return expenses; if Party A cancels the contract without valid reason, it should pay Party B�s return expenses and pay a breach penalty to Party B.
Ⅸ.The appendix of this contract is an inseparable part of the contract and has equal effect.
Ⅹ.This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.
Party B shall bear all expenses incurred when staying on after the contract expires.
Ⅺ.Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Bureau of Foreign Experts and ask for a final arbitration.
This Contract is signed at Shenzhen , in duplicate, this day of ____, _____, in the Chinese and English languages, both texts being equally authentic.

Party A Party B
( Signature ) ( Signature )


合 同

一、___________________ 聘请_________籍__________________________（外文姓名）_____________________（译名）先生, 护照号:____________________为英语教师。双方本着友好合作精神，自愿签订本合同并认真履行合同中约定的各项义务。
二、合同期自 2011 年2月12日起至 2012 年1月 11日止。
三、受聘方的工作任务（见附件）：
四、受聘方的月薪为人民币 10000元。
五、聘方的义务：
1、向受聘方介绍中国有关法律、法规和聘方有关工作制度以及有关外国专家的管理规定。
2、对受聘方的工作进行指导、检查和评估。
3、向受聘方提供必要的工作和生活条件。
4．配备合作共事人员。
5、按时支付受聘方的报酬。
六、受聘方的义务：
1、遵守中国的法律、法规，不干预中国的内部事务。
2、遵守聘方的工作制度和有关外国专家的管理规定，接受聘方的工作安排、业务指导、检查和评估。未经聘方同意，不得兼任与聘方无关的其他劳务。
3、按期完成工作任务，保证工作质量。
4、尊重中国的宗教政策。不从事与专家身份不符的活动。
5、尊重中国人民的道德规范和风俗习惯。
七、合同的变更、解除和终止：
1、双方应信守合同，未经双方一致同意，任何一方不得擅自更改、解除和终止合同。
2、经当事人双方协商同意后，可以变更、解除和终止合同。在未达成一致意见前，仍应当严格履行合同。
3、聘方在下述条件下，有权以书面形式通知受聘方解除合同：
（1） 受聘方不履行合同或者履行合同义务不符合约定条件，经聘方指出后，仍不改正的;
（2） 根据医生诊断，受聘方在病假连续30天后不能恢复正常工作的。
4、受聘方在下述情况下，有权以书面形式通知聘方解除合同：
（1） 聘方未按合同约定提供受聘方必要的工作和生活条件；
（2） 聘方未按时支付受聘方报酬。
八、违约金：
当事人一方不履行合同或者履行合同义务不符合约定条件，即违反合同时，应当向另一方支付500―2000美元（或相当数额的人民币）的违约金。
受聘方因不可抗力事件要求解除合同，需出具有关机构证明，经聘方同意后，离华费用自理；受聘方若无故解除合同，除离华费用自理外，还应当向聘方支付违约金。
聘方因不可抗力事件要求解除合同，经受聘方同意后，离华费用由聘方负担；聘方若无故解除合同，除负担受聘方离华费用外，还应当向受聘方支付违约金。
九、本合同附件为合同不可分割的一部分，与合同具有同等效力。
十、本合同自双方签字之日起生效，合同期满即自行失效。当事人一方要求签订新合同，必须在本合同期满90天前向另一方提出，经双方协商同意后签订新合同。
受聘方合同期满后，在华逗留期间的一切费用自理。
十一、仲裁
当事人双方发生合同纠纷时，尽可能通过协商或者调解解决。若协商、调解无效，可向国家外国专家局设立的外国文教专家事务仲裁机构申请仲裁。
本合同于 20 年 月 日在 深圳（地点）签订，一式两份，每份都用中文和英文写成，两种文本同等作准。

聘方Employer（签名signature）:

__________________________

受聘方Employee（签名signature）:

__________________________

合同No.20110301的附件 1
Attachment 1 to the Contract No.20110301

Party A: ___________________________________
Party B: __________________________________Passport No.: ______________________

一、工作任务Work assignment
1. 乙方接受聘用单位的工作安排，每周六天工作制，每天任教不超过 5小时,星期日休息。
Party B shall accept Party A�s work assignments with maximum teaching hours within 5 per day, with Sunday free of work.
2. 乙方应遵守甲方的各项规章制度，严格执行甲方的教学计划与教学大纲，认真备课，因材施教。
Party B shall obey the school�s rules and regulations and carry out the teaching plans and syllabus, prepare lessons carefully and apply flexible teaching methods according to the students� level.
(注：乙方应于合同开始前提前约5天到校熟悉工作与生活环境。Note: Party B is required to arrive at the campus about 5 days earlier than the starting time of the contract to get familiar to the working and living environment.)

二．工资待遇 　Salary and benefits
1. 每月税后工资人民币 10000元。从开课之日起至离职之日止，按月发给，不足整月的按日计发，日工资为月工资的1/22。每月15日为发薪日，发上个月1日至31日的工资（如果发薪日为星期天或星期六，发薪日顺延一到二天）。
The monthly salary is 10000 RMB after tax which will be paid in RMB on the 15th of the following month (if the payday falls on Saturday or Sunday, it will be postponed one or two days later). In case the working time is shorter than a whole month, the payment shall be counted pro rata by day. The daily wage shall be 1/22 of the monthly salary. Party B agrees that his/her salary will begin from the first day of the class he/she will be teaching.
2. 合同成功完成时，甲方税后发给机票旅游补贴费人民币8000元。
Party B shall receive a total of 8000 RMB after tax as airfare and travel allowance upon Party B�s successful completion of the contract.
3. 免费于校园内提供单身宿舍一套，附设家具、卧具、卫生间、电视机，电话及互联网上网设施、洗衣机、空调机、热水器设备等和中式炊具，膳食、水、电、煤气、电话费用由乙方自理。
Party A shall provide Party B with free single furnished hostel on the campus equipped with working and reliable furniture, bedding, one bedroom, one bath room, one washing machine, one TV set, air-conditioners, one gas cooker, telephone connection, internet access and Chinese kitchen utensils. But the expenses of meals and the utilities including gas, water, electricity, telephone shall be borne by Party B.
4. 保险 Insurance
甲方将为乙方购买意外和医疗保险, 乙方将负责50%费用。
Party A will buy the medical and accidental insurance for Party B for the period of the contract, of which 50% expense shall be borne by Party B.

三、工作时间和休息休假 Work Time, Rest and Holidays
1. 乙方每周工作时间为6天，周日休息，如果国家和甲方有另外按照规定安排要工作的周末除外。
The work time of Party B shall be 6 days/week with Saturday free of work，but excluding the Sundays that government and school arrange for working for all staff.
2. 乙方在受聘期间，享受7-8月期间两周带薪假期与中国公众带薪假期（如：元旦1天，劳动节1天，清明节1天，端午节1天，中秋节1天，国庆节3天，和春节3天）。
Party B is entitled to two weeks paid vacation during July and August and paid Chinese public holidays （eg. New Year holiday 1day, Qingming Festival 1day, May Day holiday 1day, Dragon Boat Festival 1 day, Mid-autumn Festival 1day, National holiday 3days, and Spring Festival 3days.）

四、病假、事假与旷课　Sick leave , private affairs leave and absence of class
1. 乙方请事假，须经甲方同意; 乙方请病假，须凭公立医院医生证明。事假与病假都按日工资扣除工资。合同期一年内（一学年），事假累计不得超过十天，连续事假不得超过三天。
Sick-leave Certificates from public hospital should be presented when Party B asks for sick leave. Private affairs leave should be asked for the school�s permission otherwise it is regarded as absence from class. But a salary deduction by day will be made for Party B�s sick leaves and private affairs leave. During one academic year, the total days Party B ask for private affairs leave can�t be over 10 days, each leave can�t be over three days.
2. 迟到或早退二次，记为旷课半天;上课后十分钟后始到课堂，下课十分钟前离开者，均视为旷课半天。
Being late for class 2 times shall be taken as absence from class for half a day. Being late for class for 10 minutes or leaving classroom 10 minutes ahead of the class shall be taken as absence from class for half a day.
3. 一年病假超过三十天，甲方有权提出解约。
If the sick leaves amount to more than 30 days within one contract term (one year or one academic year), Party A has the right to terminate the contract.
4. 无故旷课一天扣二天工资，连续旷课五天者，除扣除工资外，甲方有权提出解约。
A 200% salary deduction will be made for Party B�s absence from class per day. Party B�s continuous absence from class for 5 days, Party A has the right to terminate the contract besides the salary deduction.

五．合同试用期The probation period of the Contract
乙方的试用期为30天，在试用期内，甲方如发现乙方健康状况或专业水平等不能胜任本聘用合同规定的工作任务，有权解除合同.
The probation period of Party B shall be 30 days. During the probation period, if Party A discovers that Party B is unfit for the assignment specified in the Contract for reasons of health or professional ability, Party A has the right to terminate the Contract.

六．签证Visa
甲方为乙方办理工作签证等工作证件时，支付乙方获取证件在中国大陆境内产生的一切费用，包括必需的健康检查。乙方需要提供中国政府相关权利机关所需的一切相关文件（包括签证照片）并且配合甲方做好合法证件延期等事宜。乙方应了解：来华不久后需要接受中国政府相关权威机构的体检。体检不合格的将取消工作签证。并且乙方将被要求自费离华。
When Party A applies working visa，foreign expert certificate and resident permit for Party B, Party A shall pay all costs incurred in Mainland China including the mandatory health check incurred in Mainland China. Party B shall be responsible for the submission of all relevant documentation (including visa photos) required by the proper authorities of the Chinese government and for all actions necessary to maintain the validity of the visa.
Party B should be aware that soon after arrival in China, a medical check is required by the authorities of the Chinese government. Failure to pass this medical check may result in a cancellation of the Working Visa. Party B would then be required to leave the country at his or her own expense.

七、离职Resignation
1. 合同期内乙方要离职，需提前60天提出书面申请。
In the event that Party B wishes to resign from the employment of Party A at any time prior to the completion of his/her period of service, a formal letter of resignation shall be submitted to Party A not less than 60 days before his/her last day of work, which should be specified.
2. 合同尚未结束，乙方如未能提前60天书面通知甲方，乙方将被扣除一个月的工资，同时甲方有权要求乙方偿还保险、与相关证件办理的费用。
In the event of Party B resigning from the employment of Party A prior to the completion of the contract or failing to give Party A 60 days written notice of their intention to resign, Party A will forfeit one month salary of Party B, Party A�s contribution to Party B�s insurance. Party A will also reclaim any payments made toward Party B�s working visa and residence permit.
3. 乙方如已递交辞职报告，甲方有权提前安排新的乙方接替其工作。
In the event of Party B resigning from the employment of Party A, Party A reserves the right to replace Party B earlier than stated in the letter of resignation.

八、本合同为保密合同。在未得到甲方事先书面同意，乙方不得向任何第三方公开。由于乙方的过失造成本合同不能履行或者不能完全履行，甲方有权解除合同或者根据实际情况，乙方承担应负的违约责任。
The terms and conditions of this Contract and this appendix are strictly confidential. Without Party A�s permission, Party B is not allowed to disclose the terms and conditions of this Contract to any third party. Should Party B fail to comply with the terms and conditions of this Contract, Party A is entitled to terminate this Contract and the breaching party shall bear the responsibilities according to actual situations.

九、本合同附件各条款的确定和变更须由当事人双方协商，并以书面形式做出约定。任何口头协议均视为无效。本附件与聘用合同具有同等效力，是合同不可分割的一部分,自双方签字之日起生效，合同期满即自行失效。
Revision or amendment of any term of this appendix to the standard Contract must be stipulated in written form through negotiation between the two parties. Any oral agreement will be regarded as invalid. This appendix has equal validity of the standard Contract and comprises an integral part of the Contract. This appendix takes effect on the date signed by both parties and will automatically expire when the contract ends.

甲方(Party A)： 日期：
乙方(PartyＢ)： 日期："

[LanGuTou]

Mmmm.....

Some points that may raise concern:

The wording for actual teaching hours is very vague. Up to 5 per day with Sunday free sounds a bit like 30 hours per week from Monday to Saturday. 10000 rmb per month is not a good deal for that teaching load.

Air fare allowance 8000 rmb after tax. Technically, if this is paid as a cash alternative, then it should be taxable income but purchase of the actual air ticket is not.

Accommodation is stated as a "hostel". It might be worth finding out exactly what they mean by that and the size.

In the attached appendix, it seems to contradict what is written in the main part of the contract:

Party B shall accept Party A�s work assignments with maximum teaching hours within 5 per day, with Sunday free of work.


becomes

The work time of Party B shall be 6 days/week with Saturday free of work，but excluding the Sundays that government and school arrange for working for all staff.


The bit about the working visa is suspicious. Are they suggesting that you arrive on a 'L' visa then start the process of applying for a 'Z' visa in China? It looks that way and you are signing up to cover all of the expenses. I wouldn't accept that condition!

Not the most professionally worded contract and not the best conditions of employment.

Good Luck!

[eglayzer]

Thanks for the feedback, I saw a few of those problems myself. I will try and get clarification on those points and if not, I'll look else where.

[Non Sequitur]

I was concerned about the vague working hours - but the salary is higher than expected so that may compensate. 30 hours is a big ask as that could be 15 different classes all requiring lesson planning.
Airfare s/be more like 10,000.
They pay medical and accident - good that's about RMB1500 of benefit.
Otherwise the Party A Party B stuff is pretty normal.
Check if you are on full, half or no pay over the winter break ie Jan/Feb 2012.

[vikeologist]

You get paid from the day of the first class. That may not be at the start of the contract. Then you're adding the extra 5 days early they exect you to arrive.

Paying 50% of the insurance without any idea what it would be is a bit worrying. If you take non sequitor's estimate, that's 750 you have to pay.

It's 95% standard, but these little fiddly amendments, including the ones that people have already brought to your attention, could be a slight alarm bell.

Make sure you get the email addresses of the current teachers, and get clarification on all these points from them, not (or at least not only) from the school.

Lastly, have you taught kindergarten before? Teaching kids is easy, but tiring and takes a lot of preparation of materials and photocopies, though of course there's more than one way to skin a kitten.

[johntpartee]

"Hostel" to me means a dorm. Probably is. Yuk.

[The Great Wall of Whiner]

I know you are looking for warmth, but there are international jobs in Beijing that pay upwards of 12,000 a month with Saturday and Sunday off.

Beijing is cheaper than Shenzhen, too.

(PS)

I'd watch out for being stuck in a 'hostel' or dorm for a year.

[therock]

The "hostel" sounds like you get your own apartment, but you should clarify this.

The worse thing about this contract is they are expecting you to work 6 days per week and offering you a mediocre salary for Shenzhen. If they up the salary by 50%, 6 days per week doesn't sound too bad.

[TexasHighway]

[The Great Wall of Whiner]

6 days a week does sound bad.

[eglayzer]

I emailed him about the concerns that the first poster stated. Actually I cut and pasted his post and sent it to the recruiter. He gives a line by line explanation. What do you all think? Beijing sounds nice but I am an avid cyclist and outdoorsy dude so the warmer weather for 1/2 the wear would be really nice.

A few issues with the contract:


The wording for actual teaching hours is very vague. Up to 5 per day with Sunday free sounds a bit like 30 hours per week from Monday to Saturday.

Yes, you are right. As said in my first email to you, 30hours a week for 10000RMB,with 5 hours per day in the contract.

10000 rmb per month is not a good deal for that teaching load.

Air fare allowance 8000 rmb after tax. Technically, if this is paid as a cash alternative, then it should be taxable income but purchase of the actual air ticket is not.

As said in the contract, 8000RMB is after tax.

Accommodation is stated as a "hostel". What exactly does that mean?

It means like the hotel room in a hotel which has one bedroom with one bathroom.

In the attached appendix, it seems to contradict what is written in the main part of the contract:

Party B shall accept Party A�s work assignments with maximum teaching hours within 5 per day, with Sunday free of work.

becomes

The work time of Party B shall be 6 days/week with Saturday free of work，but excluding the Sundays that government and school arrange for working for all staff.

We have taken out "but excluding the Sundays that government and school arrange for working for all staff. " in the contract because such case will never happen.


The bit about the working visa is strange. Are you suggesting that I arrive on a 'L' visa then start the process of applying for a 'Z' visa in China?

Yes, because governmental process of the work permit and the work visa issuing notice needs about 3-4 weeks excluding the time express mailing them to you in your country and the time you will spend to wait for the work visa after your submitting them for the work visa. Therefore we have changed to have the teacher come on a L visa first and then go to Hongkong for the work visa to make sure the teacher can meet the starting date of the position. In China, only if the government accepts the application for the work permit,the teacher can start teaching. You can meet all the requirements for the work permit so we are sure the government will accept the application for the work permit and the work visa issuing notice . We have used this way to have the foreign teacher for many times when the time before the position starting date is not enough to process the work permit and the work visa issuing notice . Pls understand you will spend almost the same to get the work visa in your home country as that in Kongkong because Hongkong is only half an hour by train from Shenzhen.

[vikeologist]

The school's reply throws up a lot of red flags for me. I'm not claiming that I'm right. Like most of the other folk on the forum, I have only my limited amount of experience and expertise, but I'm voting for 'no frigging way'

The reasons?

hostel (shared kitchen?)
Hong Kong run (the whole rationale for it is basically rubbish)
lots of hours

but above all, the reply seems really bad; the whole, 'this is how things are done - just accept it' kind of condecension is somewhat undermined by the fact that this is not how things are supposed to be done. This may be a good job and school, but I honestly don't think any of the information you've supplied so far indicates that.

In short, unless you have access to information that you haven't supplied, and at this point I'd suggest that would be something like a skype telephone conversation with a teacher who swears that this is a great job, this sounds extremely hazardous.

Why? What if you arrive and they don't give you the job? (oops sorry, we can't get a visa for you. Enjoy your holiday.) You would be taking a huge risk.

[vikeologist]

Oh, just spotted the most important thing in your last post.

It's a recruiter?

There are lots of good threads on recruiters. They're certainly an easy and quick way of getting a job, (and it's tricky figuring out the correct way to go about it) but I don't think with your qualifications you need to or should go in that direction, and this particular situation has echoes of a lot of horror stories on these forums.

Walk away.

[eglayzer]

Thanks everyone. I told them I would be shopping around.

I just got this job offer from a Canadian school that is much more proffessionally written and sounds like a better job. However, the city seems pretty uninspiring and is known mostly for its coal production! As a cyclist this worries me, air quality wise. What do you think of the contract?

As I read more and more of your comments I am getting a much better picture of what the China job market is so I really appreciate everyone helping me out!

This school is located in Shanxi Jincheng.


Rockies Management and Consultation Company Contract


This contract is between Rockies Consultant Company hereinafter referred to
as
article "the teacher". The contract dates are from ___________ to ___________.
(Contracts start dates and end dates are based on the length of a teaching term.
The start date will begin from the date of the first scheduled class. Days allocated
for training are not paid for.)


Responsibilities of Rockies or RCC


(a) Salary: (1) RCC will pay the teacher a base salary of 7000 RMB (base
pay 7000 RMB for 15 scheduled teaching hours per week, 67.5 hours per month
obtained from 15 hours multiplied by 4.3 weeks) with the month starting on the
1st and ending on the last day of the month. If the teacher begins or ends this
contract on a day other than the 1st, their salary will be prorated by the number of
days lost multiplied by pay per day, as defined by dividing 7000 RMB by the days
of that month. Salaries are paid on the 10th of every month.
(2)Free housing will be provided by RCC as an apartment, which you may have
to share with one other teacher, with each teacher having a private bedroom.
Due to the necessity of providing accommodations for new staff, housing will
be provided for you beginning with the day you arrive in the city for training plus
one calendar day at the end of the contract period. In the event that the teacher
wishes to remain in housing provided by RCC beyond these dates, the teacher
must obtain permission from the location Manager.

(b) Teaching conditions: Private English schools in China are a little
different from what you may have experienced in the west and you will find
yourself teaching weekends and during the evening. Teachers may be required
to teach in more than one location.
Teachers are given two days off per week.

(c) Subbing: Teachers who sub for other teachers will automatically be paid
100 RMB. This 100 RMB will be deducted from the sick teacher�s pay at the end
of the month and added to the subbing teacher�s pay.
This type of sub pay does not apply though in the following cases:
(1) If a teacher who is under hours and is scheduled to cover for a teacher who
has yet to arrive in China to teach.
(2) If a teacher who is under hours and is required to take over (not sub) another
teacher�s hours who is unable to complete their schedule (teachers who are
leaving early, end their contract suddenly, lose their class because of student
complaints or get sick and are unable to finish their contract).
Sub pay in these two cases will only apply if the teacher is required to work over
15 hours a week.
(3) If classes have to be cancelled and made up in a different week.

(d) End of contract bonus: To defray transportation costs, bonuses will be
given as set out below:
For one year contracts the bonus is 7000 RMB
Bonus is paid out upon successful completion of one year contract.

(f) Salary start date: the teacher�s salary period will begin on the first day of
the contract dates and cease on the last day of the contract dates irrespective of
whether this is a working or an off-day.

(g) Work hours: the teacher will be required to work 15 class hours per week.
(67.5 hours per month) Class hours include scheduled lesson, substitutions,
outside teaching, one-to-one tutoring, educational promotional events

(h) Overtime: In the event that RCC requires the teacher to work more than 67.5
hours per month teaching or dealing with administration work, overtime will be
paid at the rate of 100 RMB per hour.

(i) Pay day: Salary is paid on the tenth of each month following the relevant pay
period. The pay date may be adjusted to allow for special situations such as
Chinese festivals, school holidays, weekends etc.

(j) Off-days: The teacher will be off two days per week (with a week starting on
Sunday and ending on the following Saturday), unless the teacher and Rockies
mutually agree to a change. Off days will most likely be non-consecutive.

(l) Beginner Chinese lessons: Rockies will arrange free Beginner level Chinese
language classes for the teacher to consist of not less than two (2) hours per
week. Classes are scheduled from mid-September to mid-December in the
Autumn term, and mid-March to mid-June in the Spring term. The exact meeting
times will be determined by the location manager as the policies, resources,
and circumstances of the particular school necessitate. Chinese lessons may be
scheduled on a teacher's day off.

(m) Internet access: Rockies will provide at-school internet access to the
teacher. Said time and length of access to be decided on a case by case basis
as the policies, resources, and circumstances of the particular school permit.

(n) Government regulations: In the event the school is required to close for an
extended period of time due to circumstances that are beyond the control of the
school including, �catastrophic events� like �SARS�, �Acts of God�, government
policies but solely not limited to these factors listed, teaching salaries may be
reduced.

(o) Emergency funding or advance: Rockies is willing to give out one
advance to teachers per 6 month contract. The maximum Rockies will give out is
one-half of the completed teaching hours on the date the advance is given out.

However, RCC does have the right to refuse to give out an advance.

(p) Resources: Rockies will provide the teacher with training, curriculum, and
other resources needed to become an effective teacher.

(q) Day to day assistance: Rockies will provide help to the teacher with basic
problems dealing with day to day living in China including but not limited to:
escort from the airport, ease in payment of bills, and an appropriate Chinese
liaison as determined by Rockies.

Responsibilities of the teacher

(a) Hours of work: The teacher will be required to spend 15 hours per week
on the following: Teaching in class, one to one tutoring, English corners,
administration work (eg. Student placement interviews, or assisting with writing
teaching manuals) and other specific expertise related work as required (any
work related to a teacher�s expertise is assigned only in consultation and then
agreed upon by the teacher).

Due to the nature of the school�s scheduling and the need to ensure the
standards of Rockies are being met, schedules may be rearranged by Rockies
with prior notice given to the teacher. Please note that schedules often change a
few times at the beginning of a new term. During this time teachers are asked to
be patient and flexible. Tutoring may change more than once or twice.

Due to government holidays the school sometimes has to reschedule classes
which may result in teachers teaching on their day off. This may occur once or
twice a year. These hours are not considered overtime hours as they are make-
up classes in lieu of the ones cancelled.

Also, sometimes tutoring classes have to be rescheduled. If rescheduled, those
hours will not be considered overtime if it requires a teacher to work over 15
hours in a following week.

In addition, teachers may be required to teach at more than one location. If
a teacher has to go from one location to another location on the same day, a
transportation fee / taxi fee would be given.

Teachers are given two days off per week.

(b) Training and planning: The teacher will be required to attend 1-2 hours
of training and class planning sessions per week especially at the start of the
contract (weekly training times may be reduced or cancelled as a teacher
accumulate more experience). Hours accumulated during these times will not
count towards the 15 teaching hours but are considered part of a professional
teacher�s job. These sessions are mandatory to ensure the teaching standards of

the school are upheld.

(c) Lesson summary: Teachers must prepare for their classes as well as
write a short summary report after each class. Class preparation time is the
responsibility of the teacher and is not considered part of a teaching hour.
Teachers are required to write out lesson plans in advance of classes with the
student�s assigned textbooks in mind. Open conversation periods during class
are not considered to be teaching of the standard required by Rockies. Teachers
who fail to follow the methodology and standards set out by the school may be
required to attend extra training classes. (Please note that the time a teacher
normally spends on writing up lesson plans and marking per week averages
between 3-5 hours a week).

(d) Code of conduct: If at any time during this contract the teacher breaches
the school's code of conduct they may be terminated without concession. This
may result in a loss of bonus and/or pay depending on the circumstances. Ex.
Actions that damage the reputation of the school or unethical behavior that
results in the school losing students.

(e) Conflict of interest clause: The teacher will not accept employment or
volunteer English teaching to any other entity without written consent of the
Teaching Director or School manager.
The teacher may undertake private tutoring as long as it does not interfere with
their responsibilities with Rockies and the student is not a registered Rockies
student.

(f) Visa and travel fees: The teacher will be responsible for costs incurred in
travel, the first visa application, passport fees, and any other fees related to
arriving at the target city. The cost of airfare is not reimbursed by the company.
However, a bonus is paid to help offset these costs. Rockies will pay for visa
renewal fees after the first one.

(g) Intellectual property rights: Rockies owns the rights to the Rockies
teaching manuals and any teaching material prepared by Rockies. Teachers
are not allowed to pass on sections of information from the teaching manual to
people not working for Rockies. Doing so is �just� cause for dismissal.

(h) Professionalism: Teachers are required to be on time and in their
classrooms at the scheduled time and be fully prepared. This includes having all
material required before beginning class. Teachers should be in the school at
least 10 minutes before the beginning of their class in case any problems arise or
messages need to be passed on.

Leave entitlement

(a) Type of Leave: Leave falls into three categories: personal vacation days;

public and school designated holidays; sickness/other absence.

(b) Leave is not paid.

(c) Personal vacation days: The teacher will have 7 (seven) consecutive
unpaid personal vacation day (5 working and 2 off-days) � as outlined above no
distinction is made between working and off-days in regard to personal leave
days. Teachers may not take personal vacation days on more than two weekend
days � Saturday and Sunday (or other days when weekend classes are being
held). In the event of any agreed shortening of this 12 month contract, as noted
in the above contract dates, personal vacation days will be pro-rated in line with
the pro-ration of the bonus as outlined above.

(d) Approval for personal vacation days: The teacher must obtain approval
for personal vacation days from their Location Manager at least one month in
advance.

(e) Public and school designated holidays: Every 6 months the teacher is
allotted a 1-week paid holiday, which is usually given when there is a National
Holiday. National holidays occur three times a year, once in January-February,
once in May and then again in October. These holidays normally last 7 days. In
the case that the teacher is not able to finish a 12 month contract and two one
week national holidays fall within this six month period then the teacher�s salary
will be pro-rated for the second holiday during this period to reflect the extra
days off. However, if at the end of the six-month contract the teacher resigns for
another six months then they will be given another one week paid holiday during
one of the national holidays. Every teacher will receive their holidays at the same
time.
Teachers who wish to have additional holidays during the year must request
them at least one month in advance. If granted the teacher must pay for the
substitute teacher(s) a fee of 100 RMB per hour, which will be taken out of their
salary by RCC and given to the substituting teacher(s). If there is no National
holiday during the teacher�s contracted time then an alternative time of up to 7
days may be scheduled.

(f) Early termination of contract: Teachers that give one month prior written
notice to leave a school will not be subject to a fine, but will still forfeit all rights to
any contractual bonus. Teachers who leave a school's employment or have their
employment terminated before the end of the contract dates as specified at the
head of this contract and do not give one months notice, will be subject to 5000
(five thousands) RMB fine.


Grievance procedure and disciplinary appeals

(a) Grievance procedure: In the event that teachers feels they have reason
to be dissatisfied with any aspect of their employment including but not limited

to housing, the school, or that Rockies is not fulfilling its contract obligations,
the teacher should notify their Location and/or City Director of their concerns.
The Location or City Director will clarify any perceived discrepancies or rectify
any problems within three working days. If, after this period, the teacher still
considers the situation to be unresolved the teacher is obligated to contact either
Ernie Kwok ([email protected]), or someone else designated by the
Rockies head office, who will ensure that Rockies is meeting the terms of this
agreement. Any situation directed to the Rockies Head Office will be acted upon
in no more than seven working days.

Misc. clauses

Employees who wish to have friends or relatives visit them in China must
inform their School Principal and obtain permission from any roommates at
least 30 days in advance. Due to local government policy, registration laws,
and housing regulations in China there is a VERY slight possibility that having
guests live in school housing will not be possible. This is normally not a problem
but teachers must recognize the fact that the possibility does exist and personal
hotel arrangements may have to be made with the aid of the Foreign Affairs
Officer of the school. Rockies cannot accept responsibility and/or liability for the
registration, housing, or any other aspect of a Third Party�s presence in China .
Teachers who have guests that stay for an extended period of time (over 1
month) may be required to help offset apartment costs.


I, ____________________, agree to all stipulations and terms outlined in this
contract. My signature below signifies that I understand all stipulations.
Teacher's Signature:____________________________________
Date:_________________________


I,
______________________,
the
representative
of
_________________________, agree that the teacher will follow all the
stipulations and terms outlined in this contract.
Signature
of
Rockies
or
RCC
Representative:
______________________________________
Date:________________________

[johntpartee]

It's written well. Not much ambiguity, it spells it out very clearly. Personally, though, shared housing is a no-no. Never know what you're gonna get for a roomie.