Job Discussion Forums

[Damo22]

I have a quick question regarding contracts and I�d appreciate some advice. I have been working at a school near Shanghai for just over 4 months. The school has been, for the most part, very good to me and I have had no real complaints. Now, the problem�

My Contract states that I am required to work 20 periods a week. I have in fact only been asked to work 14 periods a week since I started � this has not had an impact upon my wages.

However, the school recently asked me, very nicely, to take more classes (4 more per week). I, knowing what my contract stated, said this would not be a problem. However, it soon became apparent that these lessons were not being held at my school and I would be required to travel 10-15 minutes (by bike) to a different school. When I discovered this I asked whether I would receive additional money (since these are, in my mind, classes not related to my current employer). I have found out today that I will receive an extra 200RMB per month for 16 classes.

Now, I am not sure what to do. Part of me says that this is outrageous - given that if I worked this number of hours privately I could earn a great deal more � and that I should demand more money for these additional classes. However, part of me also feels that my contract does state 20 hours (regardless of location) and perhaps I�m being a bit greedy by asking for more money.

Basically, in your opinion/s, is it fair play for the school to sub-let you to another school with no real increase in pay. Please bear in mind that I am still working less than the 20 hours specified in my contract. But, then again, my contract is with my current school and not this OTHER school.

I also feel that although my teaching time will not increase dramatically, I still have to prepare additional lessons for extra classes � which as we all know can take up a lot of time.

I�m not really sure what to do. I really like my current school and am on friendly terms with all the teaching staff I work with (you would think that this makes it easier to discuss problems like this but it also makes you less willing to �rock the boat�) and the last thing I want to do is create tension.

Feedback would be greatly appreciated.

Thanks

[Babala]

Tough situation

Is the other school affilliated with your current school or is the school just loaning you out? What is the name of the school on your contract? If the school they want you to go to has nothing to do with your current school then I would politely tell the school that if they want you to make up the classes that you will only them at your own school. If they are renting you out then you are getting royally ripped off and you can bet someone at your school is making a killing.

[Roger]

You are staff of one employer and legally speaking, you must work for him, not for others; there does appear to be a gray area that is often exploited by training centres (and you are working for a training centre, not a school) that do not generate enough enrolment. They then hire you out.

The fact that they are willing to pay you extra is a sign of goodwill on their part; I would not baulk at their suggestion under the circumstances because a bike trip of 10 minutes is not a big deal. Your commutes could take HOURES that would not have to be compensated for!

I think you owe your employer a little more loyalty and n extra piece of dgoodwill, considering that he has been treating you so well - according to yourself.

[glennfry]

I think this is a matter of attitude.

First of all, don 't let yourself think you are being "royally ripped off".

It doesn 't matter how much they make off of you since it is not your company.

Since you are getting paid the full amount for 20 hours and not working them and then getting additional money for the off site clases, you may even be cominout ahead of the deal.

The question is the time spent in transportation. I would not want to bike through Shanghai (only visited once most of my experience is in Beijing where I wouldn 't bike either).

Remember we are there to enjoy the experience. It does not sound as if there are severe draws on your time.

[kev7161]

The only thing that would worry me as well is the biking part. Schools are responsible for our safety. Some schools are very serious about this and that is why they house teachers on school grounds and lock them in at 11pm or earlier. Also, anytime you are going for a long or short trip, schools also like to know all the details. From what I've been told, they are held accountable should anything befall you.

But if you are contracted for up to 20 hours, then I wouldn't sweat this extra time. I think the extra 200 is supposed to compensate you for taking a taxi to and from. If you were going to negotiate, then that 200 doesn't really cover you for a whole month if you are spending 10rmb each way (maybe) 5X a week.

Also, an above poster is right. The other school probably paid your school a hefty bit of pocket change and you are not really seeing much of it. I'd advise you to talk to them about reimbursing you for taxi fare (if you were, indeed, worried about your safety and riding your bike), otherwise leave it alone until NEXT contract, should you decide to stay. At that time, you can clarify your duties and responsibilities and their expectations a bit more.

[tofuman]

You have been only fulfilling 3/4 of your contract. Now that your school is asking you to do the full 20, why do you even question this new arrangement? Be gracious when you can. It won't do you a bit of good in the long run, but no reason to be difficult just to be difficult.

Make sure that this is a legitimate position through your school and not a private enterprise run by your FAO or someone else for their own enrichment.

Get something in writing clearly stating what is going on.

Good luck.

[saint57]

You said you are working near Shanghai. What town/city are you in?

[HunanForeignGuy]

1. You work the contract. Period.

2. Your contract, and thus your work permit, and thus your resident permit, are with the school with which you signed the contract.

3. Read, however, your contract carefully. Read any appendii very carefully. Are there are any clauses in any appendii that might either preclude or include such an arrangement?

4. I would take a more sublte-approach, Chinese-style. Tell them of course that you want to make up all the hours that you didn't teach for that period of time but that you will teach them at the LOCATION of the school to which the contract is attached.

5. Asking for money is downright greedy. You were undercontract for nearly four months by a total of 24 hours per month, that is almost a total of 80 hours, in other words, in four months you worked a real total of the equivalent of only three months and you were paid for four months, as per the contract.

BUT THAT being said

6. You are being paid your contractually stipulated salary, and you are also receiving an additional 200 RMB per month, and considering that you had a rather considerable free ride for the last four months, I for one

AM at a loss as to understand why there is even an issue here.

because

the door swings both ways.

BUT THAT being said


I would make up the 80 hours differential as quickly as possible and than put an absolute stop it...provided however...

the school keeps you from then on at the contractually-stipulated amount of hours.

[Louras]

BUT THAT being said.
I was once in a similar situation and my arguing was as follows. If your contract states that you have to work 20h and the school only provides 14h then surely they are not keeping to the contract. I was ready and willing to do 20h. If I did not do 20h because of a reason/fault on my side, and they still payed me the full amount, then I would've owed them hours. In my case I could convince them of my point of view and started doing the required hours for the agreed upon wage from then onwards. No one owed no one nothing.

[englishgibson]

OP, this is quite a standard in China and I believe in many other countries with ESL teachers. 10 to 15 minutes by bike is little time to travel. Respectfully, some travel more than that and some teach more than you, believe me.
Read your contract carefully again, and if it does not specifically say that you should only teach on your center's premises, don't bother with this issue at all.
Assuming your contract does not mention the above issue, your employer may have a very legal business contract with that school you need to commute to. So, it's not about profits out of it, but about your contract with your employer above all.
However assuming again that your contract does have a clause not to teach off your center's premises, being in your shoes I'd follow up with either your employer or foreign affairs if necessary using all descretion needed of course.

HunanForeignGuy has made some valid points above too, OP.

Kev's point's not bad either, and I'd make sure that you have your Health Insurance with your employer straightened out due to a risk of an accident since you are biking to get to the location.

Babala's point is a bit technical I may add, however I wouldn't go as far as talking "RIPPED OFF". Chinese laws may be rather confusing at times and this issue is a good example there. Babala, I'd focus on OP's contract more than on Chinese laws or any "RIPPOFFS" here.

Peace to us, Good luck to you OP
And
Cheers and beers

[pc-pocket]

I have heard, last summer, about a private center "loaning" FT to Kindergartens, MS and HS all around Guangzhou AND its suburbs.

One way trip can take up to one hour, and none are compensated.
The boss wants the FT to rush from schools to schools, up to 4 shools in one day...... ....! Bottom line, FT have their lunch (if any) in the subway..., at a bus stop... in classrooms or when walking...
I was also told that some teachers leaving their apartment by 7:45AM, were never back before 7PM some days, and even after 9:00PM during the weekly staff meeting
They also said that this mill was run by a Chinese-Canadian, acting like a "cool monk" from an imaginary Shoaling temple, and getting paid 3000CAN$ per month.

I think you are in good shape.

[HunanForeignGuy]

[clark.w.griswald]

Is there not a question of legality here? I would raise with the school and see what they have to say for themselves.

To my knowledge you are only supposed to work for the employer who is sponsoring your visa.

[Midlothian Mapleheart]

Edited to remove offensive content.

Middy

[cubit]

Off the topic: pc-pocket-curious of which company in GZ with said conditions.

On topic: I think your current school is perfectly within their rights to sub-contract your services. Though you may be working at a different location, you are still being paid by the the same employer and no contract item has been breached. A few extra hours with short travel time, still sounds like you are doing pretty well. Don't sweat it, always good a idea to check and confirm your sentiments with others though.