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Contracts designed to deceive
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tofuman



Joined: 02 Jul 2004
Posts: 937

PostPosted: Fri Jan 19, 2007 8:14 am    Post subject: Contracts designed to deceive Reply with quote

Some contracts are intentionally written to deceive prospective foreign teachers.

Example: A contract stated that the work assignment was for 21 periods per week. Then it said that for work beyond 24 periods per week, the FT would be paid a certain amount per hour, in this case, a very low amount.

Upon questioning, the FAO admitted that the assignment could be 24 periods without additional pay, not 21.

Look carefully when the terms "hour" and "period" are used in the contract. You might think that you are being paid a certain amount per class period taught. In actuality, the amount stated is per hour, so that you will actually receive as much as 1/3 less if the periods are 40 minutes.

For instance, if a contract says overtime will be paid @ 45/hour, but the class period is only 40 minutes, you will receive just 30 RMB. In actual time, you are not paid for the break between periods. You will spend at least 90 minutes in that class of two periods but just be paid 60 RMB.

Those of you far away who are eager to come to China to teach, be advised that you may be swindled, abused, overworked, underpaid, and so forth. Maybe not.

For example, a creative FAO decides that he can reduce his work load by cutting the number of FTs he hires. Of course, he still has the same number of classes requiring an FT. The solution? Simply increase the workload of the FTs by as much as 1/3. Previously an FT might have taught 16 periods weekly for, say, 4000RMB monthly. Now that FT can teach 24 periods for the same amount of RMB. Less work for the FAO, more for the FT. It works for the FAO.

Do not be deceived that there are grammatical mistakes in the contract. Swindlers and cheats know exactly what they are doing. When you arrive from your home country, are you going to turn around and return at your own expense? Hardly. They know that.

Your contract should provide round trip tickets from your home to the location of the school. Some contracts are only offering reimbursement from major international airports in the States to Beijing. You could easily lose a month's salary or more getting to an international airport from your hometown and from Beijing to your work location in China, especially both ways

Don't agree to a contract such as what I am describing. It is a ripoff.

Your FAO may try to convince you to take low pay because your school is a "government" school or China is a "developing country." The China government is reportedly on a shopping spree with a one trillion dollar surplus, looking to make foreign investment. The U.S. government is trillions in debt. The Chinese government is not in need of charity from foreign teachers, but FAOs will play any card to swindle you.

China may be developing, but some hairdressers in China can make more money than you can as a teacher. Sure, they work more hours, but they are doing something they were trained to do because they like it.

Dog fights involve thousands, tens of thousands of RMB. People lose a thousand or two in a weekend playing cards. Can you do that on your salary?

You won't be owning a black sedan or buying houses with your excess cash. What is really developing, what you should be concerned about, are the ways to rip off foreign teachers.


Last edited by tofuman on Tue Jan 30, 2007 5:29 am; edited 1 time in total
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AussieGuyInChina



Joined: 23 Nov 2006
Posts: 403

PostPosted: Fri Jan 19, 2007 8:59 am    Post subject: Reply with quote

I've been in China for 3 years.

I'm changing jobs this term.

During the past month, 15 prospective employers sent me sample contracts.

I use the following 'tactic' every time I am offered a job.

Choose one or more clauses / conditions / sentences in the contract and ask for a detailed explanation and/or amendment.

If I don't get a reply, I simply forget about the school.

If the reply is along the lines of, "That's our standard contract and we can't change it", then I cross the school off my list. This type of reply indicates to me that the school has a master-slave mentality; you being the slave.

I believe that, if a school values you as an individual (based on your qualifications and teaching experience), then negotiation and compromise are always possible.

If the school simply wants a white-faced, native English speaking, university graduate as a token gesture that it is an advanced / progressive / modern school, as opposed to a foreign member of the teaching staff who will actually make a contribution to the students' learning, then the school will invariably have a take-it-or-leave-it attitude.

Of my 15 recent, firm job offers, I quickly eliminated 12 simply by asking questions about the contracts.
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eslstudies



Joined: 17 Dec 2006
Posts: 1061
Location: East of Aden

PostPosted: Fri Jan 19, 2007 9:26 am    Post subject: Reply with quote

And this is exactly the way to do it!
Does anyone out there believe a recruiter is still the way to go? I contacted one several years back. He sent me a contract, and I asked a question. He dropped me, and I dropped his entire ilk as a result.
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Steppenwolf



Joined: 30 Jul 2006
Posts: 1769

PostPosted: Sat Jan 20, 2007 12:33 am    Post subject: Reply with quote

It's refreshing to see ol' chum tofuman's negative energy and missionaryzeal put to good use; this post is mostlyaccurate and I welcome it here.
I take exception onlyto one clai - erroneous in my opinion: he says youare entitled to a round trip ticket from and to your home country. That would be news for most: generally, employers are held responsible for your REPATRIATION, not for your coming to China. A round trip right kicks in sometimes after you have been here more than one whole year.
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vikdk



Joined: 25 Jun 2003
Posts: 1676

PostPosted: Sat Jan 20, 2007 2:27 am    Post subject: Reply with quote

Quote:
he says youare entitled

steppenwolf uses the word entitled - which newbies is a very dangerous and naive concept to get stuck in your head when negotiating your way around the FT market Exclamation
No it's not "entitled" (a word by the way the OP never used in his comments on flight reinbursement) - but jugling with the notion of finding your real worth that is the game the go-get-it type of FT may want to play when securing a job in China - since waiting for your supposed entitlements could land you in a very weak professional possition.
I echo the OP - bargain for as much as possible - regardless of what is supposedly entitled to you - because you know almost for sure that your employer is playing the same game from his side of the fence Exclamation
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jeffinflorida



Joined: 22 Dec 2004
Posts: 2024
Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two

PostPosted: Sat Jan 20, 2007 3:02 am    Post subject: Reply with quote

Quote:
youare entitled to a round trip ticket from and to your home country.


I know of many FTs who work at a public university and get absolutely no airfare at all.

So i don't know where this entitlement comes from...
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tofuman



Joined: 02 Jul 2004
Posts: 937

PostPosted: Sat Jan 20, 2007 4:25 pm    Post subject: Reply with quote

Most of the contracts that I have scanned offer round trip. If they don't I don't look again. FT's should be the one's setting the conditions here. if people would not accept bad deals, the offers would improve.

Chinese employers are notorious and skilled at exploiting employees. If FTs allow themselves to be abused and underpaid, it will certainly happen.

People who come here at their own expense, return the same way and work for low wages are simply stupid. And please, don't tell me you are a missionary of sorts, sacrificing for the kingdom of God. Your Leader frequently commended people who handle their business affairs skillfully.

Ever read "He that giveth to the rich shall be found wanting"? There is absolutely no reason for making bad deals here. There is plenty of money around China.
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no_exit



Joined: 12 Oct 2004
Posts: 565
Location: Kunming

PostPosted: Sat Jan 20, 2007 5:48 pm    Post subject: Reply with quote

Actually, on a related note, pay attention to whether the school offers no-strings attached cash "reimbursement" for the airfare, or if they actually require you to purchase a ticket. For those of us staying in China for a longer term, round trip airfare to and from China doesn't really do much good, does it? Some schools know this and will try and tell you that the airfare clause only applies if you actually use the money for airfare. Clarify this at the start of negotiations and make sure that the airfare is a cash payout at the end of the contract period, regardless of whether a plane ticket is actually purchased or not. Some schools will also purchase air tickets up front and hold the return portion hostage until the teacher finishes the contract, which also doesn't sit well with me. I'd much rather arrange my own coming and going and not leave my ability to return home or not in the hands of my employer.

So think about what you really want when you ask the school to provide "round trip airfare." Sucks, but if a school can find a way to get out of paying the airfare, or paying less than they should, then they usually will do so. Lots of teachers end up getting burned by "ambiguities" in the airfare clause of the contract.
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hairuo



Joined: 19 Mar 2006
Posts: 473
Location: Somewhere in China

PostPosted: Sun Jan 21, 2007 1:35 am    Post subject: Reply with quote

Back a few years ago when I came to China, rt airfare was included in every contract in every school I worked. I was in Hubei Province. SAFEA was a little more than just a name then. Now, most schools dont even try to provide some of the things that SAFEA refers to. I am sure the schools are using the last paragraph in this regulation to get around paying rt airfare. The school where I am teaching now, in Guangzhou is paying a bonus instead of airfare at the end of the year's contract.

I agree with No Exit, dont depend on your institution to provide your ticket money, have it put away somewhere.

SAFEA REGULATIONS #5 � Other Compensation

VII. COMPENSATION FOR FOREIGN CULTURAL AND EDUCATIONAL EXPERTS (HERINAFTER REFERRED TO AS FOREIGN EXPERTS) ON SUCH EXPENSES AS TRANSPORTATION, LODGING, HEALTH SERVICE, AND HOLIDAYS (1) (621)

1. What is the arrangement for the international travel expenses for foreign experts and their families?

(1) For those foreign experts whose employment term exceeds one year (one academic year), the host institutions shall provide round trip economy air tickets for them and their spouses and one child under the age of 12 who live together with them during the employment term.

(2) For those foreign experts whose employment term is of half a ear (one semester), the host institutions shall provide the experts themselves with international single trip air tickets.

(3) For those experts who have special agreements with related Chinese departments of institutions, their travel expenses shall be arranged according to the agreements.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Mon Jan 22, 2007 4:44 am    Post subject: Reply with quote

There is a lot of good advice here and this should be a good read for newbies.

While it is true that the written contract is often overlooked in the day to day workings at the school, it is the only way to prove what was agreed to should there be a dispute.

Getting everything in writing and either having the contract changed to reflect this or the changes added as an amendment to the contract are the best ways to ensure that you do get what is agreed to. Once things have been agreed just write it all out on a piece of paper yourself, ask the FAO/principal that your understanding is correct, and then ask them to sign/stamp it. It is much easier to argue a point of disagreement with the school (or a third party if necessary) if it is all written out and signed to.

hairuo wrote:
Back a few years ago when I came to China, rt airfare was included in every contract in every school I worked. I was in Hubei Province. SAFEA was a little more than just a name then. Now, most schools dont even try to provide some of the things that SAFEA refers to.


I don�t see that as being a watering down of SAFEA, but instead due to the fact that these schools not offering this are not SAFEA recognized schools and therefore, in most cases, employing teachers illegally. I am a big proponent of working legally as I believe that this is the best way to protect your interests while here in China. However I also accept the fact that many, many foreign teachers do work illegally and without a problem.

So it is all about negotiation. If you have something to offer that the school wants or needs then you can generally get what you want � within reason. If you are just one of many applicants and have nothing to really offer the school over the other applicants then perhaps you need to approach schools that are not actively looking for teachers to see if you can get in first.
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hairuo



Joined: 19 Mar 2006
Posts: 473
Location: Somewhere in China

PostPosted: Sun Jan 28, 2007 12:56 am    Post subject: Reply with quote

Mr. Griswald, I will only work at SAFEA registered, schools, Thank you. And I, too, will only work legally in China. The longer I am here, the more it seems that SAFEA "suggestions" are ignored. I have been teaching in China more than five years and that is my observation. I am not a newby.
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Joe C.



Joined: 08 May 2003
Posts: 993
Location: Witness Protection Program

PostPosted: Sun Jan 28, 2007 1:46 am    Post subject: Reply with quote

hairuo wrote:
Mr. Griswald, I will only work at SAFEA registered, schools, Thank you. And I, too, will only work legally in China. The longer I am here, the more it seems that SAFEA "suggestions" are ignored. I have been teaching in China more than five years and that is my observation. I am not a newby.


It depends on where you are and what type of schools you are dealing with.

I agree with Clark that there should be a Contracts 101 thread / sticky.
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Sun Jan 28, 2007 1:59 am    Post subject: Reply with quote

Quote:
I don�t see that as being a watering down of SAFEA, but instead due to the fact that these schools not offering this are not SAFEA recognized schools and therefore, in most cases, employing teachers illegally




How many SAFEA recognized schools are there and what are the requirements for belonging to SAFEA...is there a certification process....and where do you get the info that most schools that are not SAFEA recognized are employing teachers illegally..

And if these schools are following SAFEA guidelines why are they not providing airfare for spouses and one dependent as states in the SAFEA guidelines..indeed even the guidelines are based on tricky wording..such as if your employment term exceeds one year..but the SAFEA contract is a basic one year obligation...

Quote:
I don�t see that as being a watering down of SAFEA


SAFEA has no teeth....and employment at a School that uses SAFEA regulations as a guideline..even the standard contract will not insure that you will get treated fairly...
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Sun Jan 28, 2007 2:15 am    Post subject: Reply with quote

Quote:
If people would not accept bad deals, the offers would improve.


I couldn't agree more! The longer I am here working my butt off (and I DO work very hard every day at the job, rarely get/call-in sick, never late, prepared for my lessons), yet still waiting for the bus to take me here or there, the more I resent the fatcats in their shiny new whatevers who obviously have a higher paying job than I. I'm not concerned that they're making a decent salary by no means. I applaud the fact that they are. However, I too went to college, I too am a professional, and I too work just as hard as they "may" work. My point is that I don't necessarily want a car here in China, but I should be making enough to have that option.

Now, I've sung the praises of my school and I still stand by them and I also make a decent salary by China's standards. If I didn't send 1/2 my salary home every month, then maybe I could save enough to buy that car if I wanted . . . maybe. But my "tricky" contract states "25 work hours a week". I tend to work 35 to 40 hours each week because I have a LOT to do. My days go by quickly and I don't really notice those extra hours. I don't get paid OT, because these extra hours are mainly lesson prep, grading papers, getting copies made, etc. But, just recently I told my school I was taking two extra days off before my holiday officially started and they decided to withold two days of pay - - this after I've NEVER taken a sick day this year and have worked all those extra OT hours without extra pay (which I've pointed out to them on several occasions). I told them that was fine but once I return from vacation, I will work 8:30 to 11:35, then 1:30 to 3:30 every day, no exceptions. No lunch time, no first period or last period of the day - - 25 hours exactly, regardless of how much work may pile up. Now they are asking me what if they paid me extra for the extra hours? They'll let me know their offer on Monday.

But isn't that crazy that it comes to this? I'm looking at other locations to teach next year such as Taiwan or Hong Kong or ??? I asked my school for letters of reference and now they are going crazy to offer me a (hopefully) MUCH more decent salary for my time and professionalism to entice me to stay. I've stipulated they clarify the hours - - give a range for whatever salary they offer (no less than X hours per week - no more than X hours per week. Any work beyond X hours shall be paid X rmb per hour.). They'll have the new contract offer . . . tomorrow. I'll let you all know.
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Joe C.



Joined: 08 May 2003
Posts: 993
Location: Witness Protection Program

PostPosted: Sun Jan 28, 2007 2:20 am    Post subject: Reply with quote

cj750 wrote:
Quote:
I don�t see that as being a watering down of SAFEA, but instead due to the fact that these schools not offering this are not SAFEA recognized schools and therefore, in most cases, employing teachers illegally


How many SAFEA recognized schools are there and what are the requirements for belonging to SAFEA...is there a certification process....and where do you get the info that most schools that are not SAFEA recognized are employing teachers illegally..

And if these schools are following SAFEA guidelines why are they not providing airfare for spouses and one dependent as states in the SAFEA guidelines..indeed even the guidelines are based on tricky wording..such as if your employment term exceeds one year..but the SAFEA contract is a basic one year obligation...


I'm not sure about "SAFEA recognized schools," but there are a very large number of FTs legally working at schools that have never even heard of SAFEA -- especially schools in the private sector.

In many cases the issue of airfare for spouses and one dependant is moot since many schools will not hire one with such dependants.
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