Job Discussion Forums

[yamahuh]

Apparently this governmental body restricts the amount of vacation time that can be enjoyed (with pay) by FT's. Our employer is (once again) trying to squirm out of paying us for our vacation in August by saying that she is not allowed to pay us for it.

I just think that the State Administration lays down guidelines for minimum employer responsibilities to Foreign Teachers, not maximums. As our employer I feel that she can pay us for as much vacation time as she wants, if she wanted to bring us over here and pay us to take 4 months vacation that would be her decision.
Of course that's just my opinion...maybe I'm being too Western in my thinking

Anyone care to shed some light / opinions?

[cj750]

Even though I have 2 /10 month contracts back to back..we get paid 12 months..with a four month vacation....it is possible...

[yamahuh]

Let me make sure I'm reading you right; you work 10 months and get paid for 2 months vacation to make a total of 12 months pay per year?
If so that's EXACTLY the situation I'm in that she is saying she isn't ALLOWED to pay us for. Personally I think she's full of s**t but I just wanted to check.

[tw]

[bigroh73]

If you are on a full-time contract - then you should be getting paid consistently every month - regardless of what holidays occur or do not during that period. That being said - its common practise for many schools (especially private ones) to try to squirm their way out of not paying you - using some amazing formula that they have created to their benefit. I have worked in schools like this before.
If it states in your contract (i know they're worth less than toilet paper) that you do get X no. of days paid holidays - then you should at least have a good case for being paid. However, getting the money from them is another case.
Of course, if you believe they should pay you - and they do not, then if they have breached their contract (in your opinion), then leave, quit. Its not worth staying there. It was one of the smartest moves I ever made.

[yamahuh]

We are coming up to contract negotiations (we are not going to resign )however we want to get all that is owing to us. Our current contract expired at the end of September and we dont have a new one until the end of October (long story).
This next month is basically a 'no-mans land' for settling things that are owed us. If they are not settled to our satisfaction we will leave.
If we leave with no notice, and have no contract in place are we violating any kind of laws?
We have an RPF issued by the company we work for. If we leave the company can we still stay in the country with the RPF issued by our current empoyer until its expiry date??

[tw]

[yamahuh]

[tw]

[cj750]

if you have no contract now..there is no obligation for the company to pay you at this time...if you want a paid vacation state so in contact negociation..many schools are going to a 10 month contract to cut cost of paying for vacations...it is all in teh sprit of teh contract

Actually I have a total of 4 motnths off two are paid...but I have spead the earnings on a yearly basis across the board to fill up 12 months..with only the housing allowence not being paid for the two months..that way money comes in all year ong..and I can work somewhere else for the two months if I want..making that a vacatin work time..in China or else where...

[Roger]

FTs without a contract but a resident's permit in their passport? Why or how did this come about??? It takes two to tango; you must have been a consenting partner to crime (or a legally uncovered employment situation) for a long time; you can therefore claim no "rights" from the SAFEA regulations.
Your resident's permit is in the name of your employer, and quitting forfeits all your residency rights, except a time span to allow you to exit China or get a new job negotiated and approved.

[yamahuh]

[tw]

[Roger]

this guy seems to me to be beating about the bush with information he alone has at his own finger tips, i.e. in his contract, no matter whether it has expired or not; a clause is a clause that you can read a hundred years from now if you keep the contract. Does it unambiguously state he stands to be paid his salary during idle months such as summer holidays or spring festival? If it doesn't say so then he has no legal claim to any remuneration during that time - that is a point I keep repeating to newbies who prefer higher pay which they usually get working for a language mill where they get worked much longer hours and more weeks a year.

I believe this is the same guy that started a thread asking whether moonlighting is "legal" or not, and why not, or was it a storm in a cup of tea over doing a midnight runner?

[yamahuh]