Job Discussion Forums

[Andee]

So this is completely new to me and this is the first contract ive really seen.. Im wondering if anyone could help me determine maybe the things that are kinda iffy...Any help would be awesome







(1) _________________ _______________ (herein after referred to as the �Employer") Authorized Representative:
And
(2) ___________________________________(Name), (hereinafter referred to as the " Employee")
Nationality:
Permanent contact address:
Permanent contact telephone number:
Passport Number:
Date of Birth:

Whereas:
1. The Employer has entered into the franchise agreement with Company for the establishment of an English language-teaching center under the First system.
2. The Employer agrees to recruit the Employee subject to the terms and conditions as set out below and agrees to provide the Employee with proper remuneration according to this Contract.
3. The Employee agrees to be recruited by the Employer and is willing to work diligently and faithfully for the Employer, with a purpose of enhancing the development and protecting the interests of and the Employer. The Employee is confident that he/she can undertake these duties in the best interests of the Employer without causing harm to and the Employer and without creating any conflicts with his/her conditions of employment and financial remuneration.

In accordance with relevant PRC regulations and laws, adhering to the principles of equality, both parties hereby voluntarily agree as follows after friendly consultation:

Article 1: Term
1.1 The term of this Contract shall be _____________months, commencing from__________200____ and expiring on 200 . During the term of this Contract, the probationary period shall be three months, commencing from and expiring on .
1.2 This Contract may be renewed for a term of one year if both parties agree.

Article 2: Position
2.1 The Employee shall serve as Teacher.
2.2 The working location is (city).

The parties have read, understood and agree to abide by the Job description, Code of Conduct, Termination Policy, Flight Policy, Disciplinary Policy, Termination Policy, Confidentiality Policy and Insurance terms as attached. These attachments form part of this Contract.

Article 3: Working Days, Hours and Timetabling
3.1 The Employee will be required to work five days a week from Monday to Sunday during the non-peak season and to work six days a week from Monday to Sunday during the peak season. June through August and January through February will be regarded as the peak season.
3.2 The Employee�s working hours may be scheduled between 07:30 to 21:30 from Monday to Sunday.
3.3 The Employee will be required to work up to 173 hours per month (40 hours per week �working hours�).
3.4 During the non-peak season, within the working hours, up to 87 hours shall be contact teaching hours. Any contact teaching hour above 87 hours per month shall be subject to the mutual agreement of the Employee and the Employer and subject to overtime compensation as set forth in Clause 4.2.
3.5 During the peak season, within the working hours, up to 113 hours shall be contact teaching hours. Any contact teaching hour beyond 113 hours per month shall be subject to the mutual agreement of the Employee and the Employer and subject to overtime compensation as set forth in Clause 4.2.
3.6 In the remaining working hours, in addition to lesson planning and course-related administrative duties, the Employee may be required to perform other reasonable duties as instructed by the Employer, including, but not limited to, interviewing students for placement testing, developing materials and participating in marketing activities.
3.7 As part of the contact teaching hours, the Employee may be required to substitute for unscheduled absences of other teachers.
3.8 The Employer shall inform the Employee of any cancellation or delay of classes 24 hours before the class is scheduled.
3.9 For the purpose of this Contract, one hour equals 60 minutes.

Article 4: Remuneration
4.1 Salary will be paid according to the following scale: Probation Period (1st � 3rd month) - Start date through 90th day employment - monthly salary of 5,000RMB(net); Secondary Period (4th � 6th month) - 91st day through 180th day of employment: Monthly salary of 5,500RMB(net); Final Period (7th � 12th month) - 181st to 365th day of employment - monthly salary of 6,000RMB(net). In addition, the Employee may have the right to a bonus at the end of the employment according to the Employers valid bonus scheme, if any.
4.2 For each contact teaching hour over 87 (non-peak season) and 113 (peak season) per calendar month, the Employee shall be paid at a negotiated rate of RMB (Gross) per hour as overtime compensation in line with the market average. Such payment is calculated per calendar month. In the case of public holidays or paid vacation falling in the monthly pay period, monthly contact teaching hours will be calculated pro rata.
4.3 The Employer shall pay the Employee�s salary on the day of each month. Payment of overtime-contact hours is paid on the day of each following month. If the date of such payment falls on a non-business day (weekends), it shall be advanced to a business day (Friday). If the date of such payment falls on a national holiday, it shall be advanced to the last working day before the holidays, according to local government directives.
4.4 On production of legally required receipts, the Employer shall bear all authorized expenses incurred by the Employee, including, but not limited to, travel and accommodation costs for off-site teaching programs.

Article 5. Flights Please indicate the Employee�s situation: . Please refer to the Flights and Flight Reimbursement Policy in the Company documents. A: Overseas recruitment OR B: Internal (China) recruitment.

Article 6. Housing
The Employer offers the following options. Please indicate the Employee�s choice:______________ Please refer to the Accommodation policy and guidelines document in the Company documents.
A: The Employee requests to be provided with shared accommodation by the Employer with conditions as set forth in the attachment. OR B: The Employee wishes to be responsible for finding and contracting his/her own accommodation in the city where the Employer is located.

Article 7. Insurance:
The Employer will cover the Employee for the following medical and accident insurance purposes according to the Employer�s conditions, maximum compensation limits and policies. See the attached � Teachers Insurance Policy.�
A) Emergency Medical Expenses
B) Emergency Home Evacuation
C) Home Repatriation
D) Accidental Death
E) Accidental Disability
The first $100 US is payable by The Employee in each instance and cannot be compensated.

Article 8. Holidays
8.1 Public Holidays
The Employee will receive the following public holidays should they occur during the Contract
New Year (1st January) One (1) day Chinese Lunar New Year (January/February) three (3) days
Labor Day (1st May), three (3) days National Holiday (1st October), three (3) days
Christmas day (25th December), one (1) day
The Employee is entitled to 11 days as public holidays in one year.
If the Employee�s scheduled day(s) off fall on a public holiday the Employee will be entitled to the equivalent number of days holiday in lieu. These lieu days will be subject to approval under the same conditions as paid holiday.
8.2 Paid holiday
Further to the above, the Employee is entitled to ten (10) working days (2 working weeks) paid holiday per full year contract. In the case that the contract term is less than 12 months, the paid holiday will be pro rata.
Holiday may not be taken during the probation period.
Three weeks notice in writing shall be given to the Director of Studies stating the Employee�s request to take leave and shall be subject to the Director of Studies� approval. Teachers who need to take emergency leave, may not be subject to three weeks prior notice, but shall obtain prior approval from Director of Studies.
If either party terminates the contract for any reason, the paid holiday shall be calculated pro rata based on the length of the Contract completed. If the number of days paid holiday taken prior to the termination exceeds the pro rata number, the Employee agrees to repay the salary for the excess days.
8.3 Any unauthorized leave shall be counted as unpaid leave deducted from salary and will be penalized by disciplinary measures.

Article 9. Sick Leave
9.1 The Employee shall notify, and seek approval for, sick leave from the Director of Studies or his/her deputy immediately in the event of sickness. All sick leaves must be supported by a doctor�s certificate unless prior approval from the Center Manager is obtained. The Employer can provide reasonable assistance to obtain the doctor�s certificate upon request. Upon return to work a sick leave form must be completed and approved by both the Director of Studies and Center Manager.
9.2 Any unauthorized sick leave shall be counted as unpaid leave deducted from salary and will be penalized by disciplinary measures.
9.3 For the first 3 days of accumulated sick leave within the contract term, salary will be paid at 100%.
9.4 For accumulated sick leave over 3 days and up to 30 days within the contract term, salary will be paid at 60%.
9.5 In cases of accumulated authorized sick leave beyond 30 days within the contract term, the Employer has the right to terminate the contract, according to the Termination Policy. If the Employer chooses not to terminate the contract, the salary will be paid at 50%

Article 10. Legal documents
The Employer shall provide all necessary legal documents including, but not limited to, working permit, residence permit and visa provided by the Employer on behalf of the Employee during the term of this Contract. The Employee shall return all legal documents arranged by the Employer to the Employer upon completion or termination of this Contract. The Employer may remove and cancel all legal documentation upon termination or expiration of this Contract. The cost of a single entry visa to China will be reimbursed, in local currency, by the Employer within 3 working days after Employee successfully completes the probation period, provided the Employee produces legal receipts / invoices for the visa.

Article 11. Disciplinary Procedures
Please refer to Disciplinary Procedure (Academic Staff) in the Company documents.

Article 12. Expiration and Termination
This Contract shall expire upon the ending date as set forth hereto.
Please refer to Termination Policy and procedure in the Company documents

Article 13. Force Majeure
Neither party will be responsible for delays or failures in performance from acts beyond Parties� control (�Force majeure�). A written statement from the US or UK Embassy or the Employee�s embassy advising its citizens to leave a particular town or region or country will count as sufficient reason for the Employee to leave their school without breaching the contract. In such case, the Employer shall be responsible for transportation costs to the nearest point of safety outside of the town, region or country stated in the embassy�s advice.

Article 14. Confidentiality, non-solicitation, non-competition, royalty and Intellectual Property
Please refer to Confidentiality Policy (Academic Staff) in the Company documents.

Article 15. Handing over
Upon the termination or expiration of this Contract, The Employee shall hand over, in writing, all information, documents and experience relating to the Employee�s job, including but not limited, clients� names, contacts, and other information required by the Employer, to any person designated by the Employer.

Article 16. Disputes
16.1 Both parties shall resolve their labor disputes through consultation. If no agreement can be reached through consultation, both parties agree to submit the disputes to the Employer�s local labor arbitration committee for arbitration.
16.2 If either party does not agree with the arbitration award in accordance with Clause 16.1, it may submit the disputes to the courts where the Employer is located.

Article 17. Governing Law
This Contract shall be governed by and interpreted in accordance with PRC laws.

Article 18. Miscellaneous
18.1 This Contract shall become effective upon signing. This may be in the form of fax signing.
18.2 This Contract is executed in duplicate and each counterpart shall have one, which has equal legal validity.
18.3 This Contract is translated into Chinese. In cases of dispute the English version shall prevail.




(signature) (signature)
For and on behalf of

[Keath]

Throw it away.. Horrible contract.. There's lots wrong with this contract and just about any contract that requires probation is junk and just an excuse for the school to have its way with you..

This looks like a version of an English First contract..

Also, never agree to "Peak season clauses" the schools rake in money during the summer, and that should be a well paid holiday off for you to do with as you see fit. This contract locks you in for the summer.

Another thing: Disputes: never agree to have the dispute settled Locally!!! THis is a gauranteed LOSS for you the teacher. Any dispute should be handled provincially. Otherwise there is nothing to stop the school from using their relations to squeeze money out of you until your money maker aches!

Five days a week should specify at least TWO consecutive days off.

Email me privately and I can send you one of our contracts..
We publish a sample contract at our web page, the one I will send you is pretty solid though, no wiggle room for the schools and SAFEA approved.

JUST REMEMBER:

1. The contract isn't legal unless the school has its "Chop" stamp on it..
2. THe contract is not technically binding unless both parties possess signed originals in both English and Chinese.

3. When dealing with the school from your home abroad, always have them sign and date and chop the contract FIRST, Ideally, have them fax it so you can sign and fax it back to them so they can start the visa invitation process. During this process they should also mail you a copy of the original if possible. (Ideally - but almost never happens)

4. The school requires the signed contract in order to process your Z visa, as well as scanned photo, scanned passport, letter of reference, resume (which they need to translate into Chinese) and college transcripts or Cert. / Diploma

ADVICE:

I like to have a little clause at the end of our contracts that says something like this "bla bla.. the employer (NAME) agrees to provide a letter 30 days prior to the completion of the contract; stating in both Chinese and English that - "The employee has successfully completed the term of emolyment satisfactorily."

Cheers!

Keith

[bearcanada]

Dear Andee;

Much of the contract seems ok, and is more sensible than many I've seen.

My major worry would be in the section about working hours. The contract says that you will be required to work either 5 or 6 days per week (non-peak and peak times), and specifies the maximum hours per month, but you want to think about the potential result.

The 5 or 6 days are not specified and could change by the week. So you cannot count on having weekends free, for e.g.. You could have Tuesday and Thursday as your days off, or only Tuesday during peak times.

It also says that you can be called upon to substitute on short notice, so that even your days off are not fixed or guaranteed.

Moreover, it says that in addition to your 'teaching' hours you will be expected to do anything the school wants: their words are "including, but not limited to ....", which means "anything and everything" they might want. Making lesson plans or evaluating students is not so bad, but the contract also mentions "marketing activities" which means they might want you to go out into the city selling the school and its services to other people. Are you prepared to be a salesman for them?

My problem with the wording is that it is too one-sided in their favour and too indefinite about your responsibilities. For sure you can count on working at least 40 hours per week, with little or no control over your free time and perhaps (probably) with very fractured (and therefore useless) free time.

That seems like a lot of work for a smallish salary. You might want to renegotiate this by having them restrict the number of total hours per week to maybe 20 or 25 and by having your weekends free.

In your position, I would not sign it as it stands now. Perhaps other teachers will post some guidelines about hours that will help you decide.

Cheers,


Disclaimer:
"Do not eat. Non-flammable. Not for use by children under 3. Do not leave in direct sunlight. May cause headache if worn instead of hat. Colors may vary. Batteries not included." (Courtesy of DOS)

[Midlothian Mapleheart]

Edited to remove offensive content.

Middy

[Songbird]

You're going to work HOW many hours for HOW much !!??

[Babala]

DO NOT TAKE THIS JOB!!!! The salary is laughable for the amount of hours you put in. Not too mention 6 days a week during peak season and shared accomodation????

[bearcanada]

Greetings;

From the contract wording I would assume it was issued by a franchise chain school. Is this by any chance an EF contract and, if so, is it a typical one for them? If it is, I'm surprised they get any teachers.

Cheers,


Disclaimer:
"Do not eat. Non-flammable. Not for use by children under 3. Do not leave in direct sunlight. May cause headache if worn instead of hat. Colors may vary. Batteries not included." (Courtesy of DOS)

[Roger]

Keath's opnion is a little extremist and over the top though I must concede he does make a couple of valid points!

I feel you are made to sit too many hours in the office; 113 contact hours is fine but 40 hours a week in the office is confining.
They do it in order to prevent you from moonlighting. That is legit but I still have to say it is unusual to have to spend so many hours in the office.
In view of the high number of contact hours I would say pay is just about average.

Also the "peak" clause is a bit unfair. You are at the mercy of your employer because you are under obligation to put in more contact hours during so-called 'peak seasons'. Your salary seems to remain unaffected by those fluctuations. I have never had to accept such a stipulation. The salary should vary according to your workload.

Otherwise this contract is fairly detailed and decent. Probation is normal too but for the employer to offer lower pay during the probation period is not too common.

[kev7161]

HA!!! What a joke!

A. If you are desperate to come to China (and why are you coming to China? To experience the life? Not with those hours!), signing this contract is not the way to do it.

B. I'd be wary of a contract that doesn't actually state what your overtime pay would be.

C. Thirdly . . . ah, forget it. This contract sucks - too many hours, too little pay.

[dafc]

The contract looks fine to me. I guess the money depends on what city in China you want to work in. Out in the sticks 6000 goes a looong way. Less so in the big eastern cities

[Jizzo T. Clown]

I had the exact same contract when I worked for EF, Shijiazhuang. In my case, it was worse on paper than in real life. Yeah, I put in a lot of hours, but still had time to travel around China and take holidays.

The Summer courses were hell, though. Six days a week averaging 10 hours per day. The Winter courses were nearly as bad, six days a week for 3-9 hours per day.

HOWEVER, after working at EF for a year, my teaching skills had improved tenfold, and I was able to plan a lesson in under five minutes, if I needed to plan at all.

As far as "other duties" are concerned, we had to plan a Halloween party and a Christmas party, as well as do demo lessons and teaching projects. My teaching project meant going to the middle school once a week to teach for three hours. I didn't get paid any extra (except a taxi allowance of 40 kuai per month), which really sucked. God, I hated that teaching project. Other teachers' projects included going to the hotel or elementary school. We also had to go out one day and hand out flyers. My boss was really appreciative of our hard work, and often took us out to nice restaurants and gave us bonuses, which he wasn't contractually obligated to do. Still, I didn't renew my contract!

And the pay isn't really that bad, considering we were the highest paid teachers in the city--most public school teachers were pulling in around 3,000/month.

It's not the worst contract you could get, but you will work your @ss off.

[yamahuh]

I didn't even make it past the 3 months probation, the number of hours and the pay..

I wouldn't sign it.

[therock]

173 hours a month and you will be compensated 6000RMB for all that work (After the probation period). So thats 6000 divided by 173 and you get the grand total of around 35RMB per hour. But for the first three months your on 5000RMB So 5000 divided by 173 and you will be on 28RMB per hour!! You've got to be kidding!!! Which province is this job in? I wouldn't even consider this contract!!

That said if it's your first time teaching and you want to work at a private language centre. Then this could be the standard beginner contract. Good luck if you decide to take the offer up.

[kev7161]

[Andee]

hey thanx guys for all the help. i emailed them back saying i wasnt interested unless the made a few changes which i doubt they will but you guys deffinately helped a lot!