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Nauczyciel

Joined: 17 Oct 2004 Posts: 319 Location: www.commonwealth.pl
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Posted: Sat Jan 15, 2005 3:27 pm Post subject: Do they want to save some paper or save some money on me? |
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I have been emailed a contract. Some stipulations are detailed and comprehensive, but some are more than vague, e.g.:
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VI. Revision, Cancellation and Termination of the Contract: Same clauses as set by the formal contract issued and printed by the Chinese State Administration of Foreign Experts Affairs. |
Is it OK or should I insist that they include those stipulations in the contract in full? I have never seen a contract written this way... |
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nolefan

Joined: 14 Jan 2004 Posts: 1458 Location: on the run
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Posted: Sat Jan 15, 2005 3:40 pm Post subject: |
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The contracts you get via email are for reference only. In this case, all they mean is that they follow the guidelines set by SAFEA which is the agency that regulates the employment of foreign experts. |
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tofuman
Joined: 02 Jul 2004 Posts: 937
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Posted: Sat Jan 15, 2005 3:51 pm Post subject: |
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You should have a contract that you understand and with which you are comfortable.
I'm sorry, but these people can not be trusted. I explained in another thread about ambiguities in my contract that I attributed to language difficulty. The school used that exact ambiguity to justify behaviour that was clearly a violation of the spirit of the agreement.
The contract is provided primarily to explain what you might get if you are lucky. We have had to fight tooth and nail for things that seemed obviously included but the school has graciously provided things not included. You figure it out. |
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Norman Bethune
Joined: 19 Apr 2004 Posts: 731
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Posted: Sat Jan 15, 2005 3:55 pm Post subject: |
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Put your faith in God...not in anything written on a Chinese contract.
SAFEA, may set regulations and provide a template for contracts for Foreign Experts, but that doesn't mean the school you sign a contract with will actually follow those regulations and contract wordings.
The Chinese invented paper. Cantracts are something entirely different,. |
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lagerlout2006

Joined: 17 Sep 2003 Posts: 985
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Posted: Sat Jan 15, 2005 4:27 pm Post subject: |
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at first glance I would trust this. What they are saying is the real contract with the red SEFEA stamp is the one that matters. I know my last school took it seriously. Quite seriously.
but of course this limited info so it's just an (un)educated guess. |
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Nauczyciel

Joined: 17 Oct 2004 Posts: 319 Location: www.commonwealth.pl
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Posted: Sat Jan 15, 2005 4:54 pm Post subject: |
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I've been to China and I know you have to be careful. The rest of the contract seems detailed and clear enough (except for the following stipulation: "3. Party B must not go swimming alone or with the students, otherwise, Party B shall be fully responsible for any consequence caused by that." - ?).
I only wonder whether if it comes to signing the paper (I would like to be sent it via regular post), those stipulations which are referring to SAFEA could be left as they are or ought to be elaborated on a bit. Any suggestions? |
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Nauczyciel

Joined: 17 Oct 2004 Posts: 319 Location: www.commonwealth.pl
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Posted: Thu Jan 20, 2005 8:59 am Post subject: |
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I emailed them about that and here's what I've got:
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As to your concerns about some items in the attached contract I'd like to tell you that if the item says " as the same set the formal contract" it means that item set by the our country and we cannot change it. |
Moreover, the contract doesn't specify the way salaries are handled during holidays. Here's the response:
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Even we don't say the contract that we will pay for the holiday, but we have been doing it in the past three years, so don't worry about that. We will sure pay you the salary of holidays. |
I guess what they say in the first quote is to some extent understandable, but the other quote hasn't actually made my doubts disappear.
I'm going to demand making it clear in the contract that "salaries shall be paid on the first business day of the month" or something, but I don't know whether I should make a mountain out of a molehill with the first quote... |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Thu Jan 20, 2005 9:15 am Post subject: |
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This always bears repeating: Get EVERYTHING in writing, signed, and stamped with the school's little red seal. My FAO tends to "forget" that he said something.
You can tell your prospective school: "it's not you, I'm sure everything is top notch here, but I've heard of other schools that have been a little sneaky."
If they refuse to put it into writing, then I'd be little worried. I love the "don't worry" line.
"Don't worry." "Don't be angry." "Don't work another job." "Don't leave a tip." |
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Nauczyciel

Joined: 17 Oct 2004 Posts: 319 Location: www.commonwealth.pl
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Posted: Thu Jan 20, 2005 10:49 am Post subject: |
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You're right. We haven't heard the "don't worry" line yet, but something slightly to this effect:
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i can assure you that the items in the formal contract are nothing |
Now, this is really reassuring  |
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