Job Discussion Forums

Drizzt · Joined: 20 Feb 2005 Posts: 229 Location: Kyuushuu, Japan

Hi everyone...

Sorry, this may sound like a no-brainer, but I want to be sure. I was offered a job teaching in Shanghai (I'm currently in Shanxi) and I was emailed the contract and told to sign it and FAX it back to them. Is this a legitimate means of validating a contract? If not, why would they ask me to do this? It's supposedly a public university, so I'm a bit curious. Thanks for any input you guys have...

Kris

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

No, it's not!

they do that to give YOU the impression that it is binding but the contract is only worthwhile if you sign it in person and then it has the official school seal on it.

go_ABs · Joined: 08 Aug 2004 Posts: 507

You should always have at least two copies of the contract - one for you and one for the school. You can sign two copies and send them by fax, the school stamps them and sends one copy back to you.

lily · Joined: 02 Aug 2004 Posts: 200

tofuman · Joined: 02 Jul 2004 Posts: 937

The contract binds you as far as the Chinese are concerned, but it doesn't bind them. That's any contract, any time.

jeffinflorida · Posted: Sat Apr 02, 2005 7:37 am Post subject:

When I was in the US they faxed me a contract and asked my to fax it back signed. After they received it they called and asked if I needed a signed copy with their signature on it faxed back to me. Declined it but I did have to resign when I got here.

Faxed Validity? Toss the coin and say until you start work nothing's valid.

Roger · Joined: 19 Jan 2003 Posts: 9138

Well, even when they observe all relevant criteria they can find a loophole to bail out.
But, assuming they are really interested in hiring you I don't see why they would point to such technical subtleties as "it is only a fax" to avoid their responsability; if your contract has their seal on the bottom, then why shouldn't you trust them?
Make sure you get a cop with a red chop!

danielb · Joined: 08 Aug 2003 Posts: 490

I believe a faxed copy is binding.

Contract Law of the People's Republic of China

　　Adopted at the Second Session of the Ninth National People's Congress on March 15, 1999

Article 16 An offer becomes effective when it reaches the offeree.

　　If a contract is concluded by means of data-telex, and recipient

　　appoints a specific system to receive the data-telex, the time when

　　the data-telex enters the system shall be the time of arrival; if no

　　specific system is appointed, the time when the data-telex first

　　enters any of the recipient's systems shall be regarded as the time

　　of arrival.

Article 24 Where the offer is made in a letter or a telegram, the

　　time limit for acceptance commences from the date shown in the

　　letter or from the moment the telegram is handed in for dispatch. If

　　no such date is shown in the letter, it commences from the date

　　shown on the envelope. Where an offer is made by means of

　　instantaneous communication, such as telephone or facsimile, the

　　time limit for acceptance commences from the moment that the offer

　　reaches the offeree.

　　Article 25 A contract is established when the acceptance becomes

　　effective.

　　Article 26 An acceptance becomes effective when its notice reaches

　　the offeror. If an acceptance needn't be notified, it becomes

　　effective when an act of acceptance is performed in accordance with

　　transaction practices or as required in the offer.

　　Where a contract is concluded in the form of data-telex, the time

　　when an acceptance arrives shall apply the provisions of Paragraph

　　2, Article 16 of this law.

Drizzt · Joined: 20 Feb 2005 Posts: 229 Location: Kyuushuu, Japan

ok thanks for the info guys...

Roger, there is no seal on the contract, it looks almost like a generic contract form that has the Party A's Obligations and Party B's, etc. The title is Appendix Supplementary Agreement. Anyways, I'm going to just cross my fingers and hope it works out.

englishgibson · Joined: 09 Mar 2005 Posts: 4345

Hi all and hi Drizzt! A signed, faxed Contract is just a Tentative Employment Agreement, even though your prospective employer might try to make it as a legally bind document with a �stamp�, his/her �signature� (then), should you decide not to show up for the employment. So, it is in your own interest to keep a copy of the Contract that you have actually faxed. Some centers/schools however just ask their new coming teachers to sign only a Letter of Intention and that can be sent via email. So, try to push that with your future employers. With regards to the Chinese LAW (what law in China?), all Contracts shall be approved or issued by the Government (Foreign Affairs) and they should be in both English and Chinese languages for foreign employees.
Cheers and Beers