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Sixerfan

My school has violated my contract by giving me 20 hours when it is specifically stated I will only work 16. I confronted them on this and told them I demand overtime pay for the classes. So far, nothing has happened. What is the best way to resist this? Should I not attend the extra four hours of class? Can I report the school to someone?

Madmaxola · Joined: 04 Jul 2004 Posts: 238

dun dun dun dun..... it's People's court

Take the contract and go to a lawyer, and just get a letter or something showing you were there and you are serious, and if they don't abide, then they will be taken to court, like Dave says, you can win Very Happy

journeyeast · Posted: Wed Mar 16, 2005 4:47 pm Post subject:

Firstly be sure you understand your contract, and try to work it out with them.. Emotions get high, but you dont want to do something that will make you lose face unless you are prepared to leave this job for good. If you feel the situation has become hopeless..

www.ESLschoolWatch.com AKA www.ESLschoolReview.com
Click on the Investigation and Arbitration services buttons when you finish your post.

They will contact you firstly, and see if there is enough to pursue the issue with the school to either pay your overtime or honor their contract..

nolefan · Joined: 14 Jan 2004 Posts: 1458 Location: on the run

Simply tell them that you will not teach 20 hours unless you're paid to do so. Warn them that they have one week to either:
a) pay you for overtime
b) remove 4 hours from your schedule
c) teach the first 16 hours and skip on the last 4
d) or else.

please try to make sure that there is no misunderstanding between you and them as far as the overtime and what is stated in your contract, if you have one.

Sixerfan · Posted: Thu Mar 17, 2005 2:20 am Post subject:

Thanks for the help. I checked my contract, and also checked with the other FT. Our contracts BOTH say 16 hours a week...no more..no less. They cannot make me work over that length...and technically owe me $1000 for their breach (though I doubt THAT will ever happen). Thanks for the advice!

joe greene · Joined: 21 Mar 2004 Posts: 200

Do you have a Z-visa and/or Residency Permit? You need standing.

echo2004sierra · Joined: 12 Nov 2004 Posts: 90 Location: prc

My contract stated 16 lessons at 45 minutes each period.

For the first term I was told to teach 16 lessons at 40 minutes each period - no complaints from me.

In the second term, I was scheduled with 18 lessons at 40 minutes each period - with a word from the dean of foreign affairs that 16 x 5 minutes difference amounted to another 2 x 40-minute periods per week!

Before kicking up a stink if I were you I would humbly tell the dean that I am trying to understand the meaning of the words in our contract and the reality of your work hours on the ground.

Sixerfan · Posted: Thu Mar 17, 2005 5:39 am Post subject:

I do have a Z visa and a Residency Permit. I also have in my contract that it says, word for word, that I am to teach 16 hours a week. So basically, I have to show them that they need to abide by the rules in the contract. Do you think asking for overtime pay is a good idea? Should I just tell them I won't work the extra time?

Babala · Joined: 28 Jan 2005 Posts: 1303 Location: Henan

I would request a meeting with the head of your department. Bring your contract along with your schedule. I would give the school the option of either paying the overtime or cutting the extra classes. Let them know that you are okay with either. Here's the thing, do it nicely. I know they are in the wrong but you are going to have to work with these people and if you go in yelling and on the offensive, they will make your life hell. I find that giving the school a choice (overtime or cutting the classes) makes them more receptive.

Sixerfan · Posted: Thu Mar 17, 2005 8:01 am Post subject:

Hey guys, final update. As several of you suggested on this website, I requested a meeting with my FAO (the only person who can speak English). I showed them my schedule and my contract, and said that this action violated my rights. However, I did so politely, even though I wanted to be aggressive and yell. I additionally said that the extra hours did not incovenience me, but that if I work them, I would require overtime pay. My FAO at first tried to talk me out of this...or offer me 25 yuan a class (which I calmly refused). Finally, we decided to divide my salary by the number of hours worked, to find how much money I'm paid per class. Using this figure, we multiplied by my new classes to come up with a new salary. Now I'm being paid for my overtime classes in a fair manner. This idea was acceptable to me, so I agreed and now everything is OK.

Thank you to everyone! Many readers gave me good advice via this forum or private message. I really appreciate all the help; it means a great deal! I learned that I just had to stick to my guns and politely refuse all the bullsh*t offers they gave me until we arrived at a compromise. From one laowai to another...Xiexie!! Very Happy

Roger · Joined: 19 Jan 2003 Posts: 9138

My impression, based on the laconic content of your first post, was that you have a quick temper and can only see your side of the question, not theirs. It's good to know you found a solution to the issue...

In any case, a lawyer is your very LAST resort, one that's bound to cost you more than you are likely to ever win in compensation from any court in this country...

echo2004sierra · Joined: 12 Nov 2004 Posts: 90 Location: prc

I thought that overtime should be multiplied by time and a half (x 1.5)?

Sixerfan · Posted: Thu Mar 17, 2005 8:44 am Post subject:

Ahh Roger...thanks for your degrading post in the midst of kind and useful advice from other ESLers. I can't wait for the 5000th post celebration. Now I, too, have a good story to share for it!

Keep on rockin' in the free world. I guess someone has to play Devil's Advocate.

tofuman · Joined: 02 Jul 2004 Posts: 937

Roger,

I see the school's side of it. It is like this: "We have a young guy here who we can cheat because he is easy going, so why not do it?"

When a contract says 16 hours and a school assigns 20 without extra pay, what other side is there?

Dutch collaborators had swastikas painted on their *beep* and were marched down the street topless.

Talkdoc · Joined: 03 Mar 2004 Posts: 696

Sixerfan, I would refuse to do the overtime as it is unlikely you will be ever be paid for it. In addition, if I were you, I'd start looking for another job; the writing is already on the wall. This is, more likely than not, only the beginning. Once you refuse the "overtime," you will run into all sorts of other problems (don't even bother phoning in problems with the apartment - you will be receiving senior citizen discounts way before they decide to resolve them). When a school shows its hand this early in the game, it ain't good.

Doc