Job Discussion Forums

[Damo22]

Hey guys, just a quick question�

My contract is set to expire on the 30th June 2006 but, due to exams, normal teaching ceases on the 12th of June. My school yesterday informed me that, although I am contracted until the 30th, they only intend to pay me up until the 12th (essentially calculating my final months pay by days worked). Do you think this is ok?

I�m going to talk to the school today and tell them that, given that I am contracted until the 30th, I feel it is only appropriate that they pay me for the entire month. The school I am at does not offer an end of year bonus so I�m feeling a little peeved that they don�t intend to pay my final salary in full. Hopefully I can resolve the issue in a friendly manner as, up until this point, I have had a fantastic time and they have been both friendly and helpful.

Your thoughts would be greatly appreciated.

(Sorry if a similar thread has been posted before but I couldn�t find anything using the search function.)

[Malsol]

Demand arbitration and they should pay. Or, refuse to go back to the classroom until they change their tune.

[saint57]

[Malsol]

SAFEA provides arbitration through every Provincial office.

It should be in your employment contract. The school has no choice.

Slamming on the internet does not get any positive results in terms of getting paid.

[Damo22]

Basically... am I in the right? Or is this normal practice?

[mondrian]

[kev7161]

If it were in your contract (only partial pay for a partial month worked) or even if they verbally told you some time back, then the school would have every right to reduce your pay. But it sounds like they are being sneaky and, IMO, ripping you off. If you are contracted through June 30th, then you should be paid through June 30th - - regardless of whether or not you work up till then. In October, did they reduce your pay due to the holiday? In May, did they reduce your pay due to the holiday? If they did, then the pattern was established at that time and I think you're out of luck. If not, then you should have some recourse.

I'm lucky I guess as my school pays me on the 5th of each month for that month. My June pay was given to me June 5th, in other words. Good luck!

[shenyanggerry]

My contract runs until the end of July. My last day worked will be June 20th. My only problem is how to collect my July pay by June 23rd when I'll leave for Canada. I suspect that I may have to get it when I return. It's no big deal, That'll give me spending money on arrival.

[Sinko]

Kev's pretty much on the money here, Damo. I wouldn't get nasty with them yet, as they might get nasty with you and not pay you anything. I have PMed you with some info.
Cheers.

[WordUp]

Its simple, demand your salary in full totally in advance. . They have violated the trust.. No pay, threat of no pay, then make them pay for your risk of staying.. Otherwise dont go to class until the matter is resolved. I'd write a letter first though to the FAO that clearly illustrates the situation at hand before you decide not to show up for class.. Other wise, they can just say you didnt fill your obligation, then dock your salary and can you..

But if you state specific reasons why you refuse to work until you are paid, (Cause they told you outright that they wont honor the contract) you'll have some means of protection against any claim they might make for you not having done your job. State reasons and names of people..

Good luck

[Roger]

If they hired you legally they are not very likely to renege on such provisions. They often do this when they have hired their FTs on the black market.
My employer pays me in full for the entire contracted period even though I get several weeks of jobless time on my hands at the beginning of the term and towards the end of it (because the subject we FTs are teaching is an elective).

[sheeba]

My contract clearly tells me I only get paid for the days I work in June, February and August for obvious reasons . I would be happy to be finishing next week !

[Damo22]

Okay, let me briefly clarify something � I am employed 100% legally. I have the resident permit, the expert certificate and work at a school that is authorized to employ foreign nationals. I should also mention that during previous periods where I have not worked my normal hours (due to holidays or examinations), the school has always paid me as normal.

It�s a tough situation because I have developed quite a good relationship with my employers (dare I say a friendship) and this whole situation has really thrown me. The last thing I want to do is end on bad terms but, at the same time, I don�t want to lose out on my final pay.

Having re-read my contract, things have become a little more confusing. Although the school employed me for a 10 month period, my contract, for whatever reason, states a 12 month period. I know I should have sorted this out originally but... well I messed up. That said, the school and I were under no illusion that I would be working for 10 months (they set up my resident permit to cover this period) and, although I noted the mistake many months ago, it seemed like a typo and not worth agonizing over. This makes it difficult for me because I can�t just point and the number 10 and say �see, I�m employed for a 10 month period and you should pay me for such�. That said, the mistake does not benefit them either as essentially I could try and claim 2 months extra pay � which I would never dream of doing by the way.

I have spoken to the guy that was put in charge of me and he intends to speak to the principle. However, he doesn�t seem to think the principles going to like it all that much and imagines we are going to get perhaps half the month paid at most.

[Sinobear]

Check your contract for the term "pro-rated". A Z visa is issued based on your contract. A one-year Z visa is the norm; however, your actual term of employment tends to be the actual teaching days, save the statutory holidays. It seems quite a few schools are offering nice packages for 12 months of work, but then they try to renege by saying you're not entitled to doodley-squat because you're only working 10 months.

DO NOT attempt arbitration! You can have the school turn nasty, cancelling your contract and they can have you deported. Arbitration is a lengthy and problematic procedure that will end up costing you time and money - even positive results will not be worth it. The Arbitration Board in Beijing, for example, does not even employ anyone who can speak passable English.

As the Chinese are fond of saying, "Discussion is always the best route." Figure out what would be a fair (to both parties) amount of money (I would suggest that you pro-rate for your daily amount, including weekends) and ask (not demand) that amount.

Cheers!

[Malsol]

My experience is very different from that of Sinobear.

When I asked for arbitration the school coughed up the money imkmediately. The school does not want any problems with SAFEA.