Job Discussion Forums

[Justateacher]

My neighbor works for a college here in China as a Foreign Expert. She has been working there for 3 years. She signed 3 one-year contracts with the same University.

Her contracts:
1- have not made any mention about airfare and she has received non for
three years.
2- For three years she wasn't paid for the May and October Holidays.
3- The contract makes no mention of who pays for the medical exam and
so she has paid and never been reimbursed.
4- She has never been paid for her 2 days for Christmas.

I don't have any of these issues but she feels that there's nothing that can be done and that "That's China", and she feels that they would think it petty to open up issues some of which are three years old .

I have been here much less than she has but it seems that SAFEA would help her -- as I read the regulations. My Question is: Are contract so one-sided that there is no recourse. Has she lost claim to the previous years' contract (statute of limitation)? The sum of these abuses add up to a significant amount of money but I don't have enough knowledge in the area.

Any comments would enlighten this matter. Thanks.

[lostinasia]

Where is the issue ?

Her contract does NOT state that she will receive something and ironically she hasn't. Why would anyone think there is any recourse?

So she wants to receive airfare and other things she is not entitled to after the fact?

It has nothing to do with "that's China" and I'm so sick of everyone thinking that's a reasonable anything. The things you mention are not in the contract and thus she is not entitle to any of the things.

Why would SAFEA help her?

There is recourse in the law - however, it's fairly safe to say she signed the contract ... right? Therefore she has no recourse.

Airfare - not in the contract
May/October holidays - were they mentioned as being "paid" in the contract?
Medical exam - not in the contract
Christmas - mentioned as "paid" in the contract?

This is just crazy - to think she is entitled to any of it

[therock]

I am going to state the obvious. Why is she still working for the same school if she has contract disputes!!!!! If she had problems in the first year why did she sign on for another year? That's so absurd to sign on for another year when you have had contract disputes.

Just for the record. She should have been paid for National and May Day week holidays. If she hasn't she is being screwed big time. My understanding about the airfare is if you sign on for another year and don't use the airfare you should be reimbursed the equivalent in cash. She is being screwed there.

Not being paid for Christmas!!!!! This school is really cheap!!!! As for the medical exam the school is suppose to pay for it, however I ended up paying for it at my current school. But just a few weeks ago it was funny when the FAO told the new teachers they had to pay for the medical themselves she said to them "it's tradition for foreign teachers to pay for the medical"

That said I doubt she is going to get any help from anyone. Tell her to cut her loses and find another school when her current contract expires.

[lostinasia]

[Anda]

SAFEA backs a SAFEA contract and then only when it is has been issued by them and is not a copy even of one of theirs.

Look on the Jobs on the China Job board and you will see that 10 month contracts are common. Most contracts start on the Ist of September and finish on about the 5th of August so leaving a gap of two months. The only thing going for this time period is summer camps.

My College tried to pull the 10 Month contract on me after the first contract ran out so I said no, so then they tried to pay me for the holiday period but pass on my airfares so once again I said no and said look for someone else. I have now been paid the lot but it has taught me a lesson as I have a government position.

Your friend must have no get up and go if she has stayed in such a situation for three years and in my opinion she has nil chance of getting any back pay. At this stage she should be getting in a position for an employer change for the end of this current contract but that will still probably mean that she will be out of a job for two months if she wants to stay working for Universities / public schools / colleges this year again as even if she finds a position where they will pay her 12 months wages they won't be wanting her before the Ist of September. Rocking the boat where she is now working will only be counter productive at this stage. If she shuts up and leaves without confrontation then she will at least have a supportive reference out of having worked there for three years.

I can tell you that I am in position already in case my college tries to play games at the end of my current contract.

[therock]

[arioch36]

Winter Vacation is supposed to be paid between working periods, so if the contract mentions nothing, she should be paid. May and October holidays ... what do you mean she didn't get paid? Do you mean that she received a monthly salary but they deducted a week for her not working? Unlikely, highly illegal. Hard to believe
Or some part of her being made her feel like she must teach the holidays, or the school asked her, and she agreed. It bugs me when laowai pathetically agree to such things, but I have seen some non-native teachers who feel they must do whatever the school asks them to do. No threats, no court case.

Medical exam in-country must be paid by the school. But you have to give them the receipt and have the gumption to ask for it. That the SAFEA office would back up pretty easy.

Air Fare tricky. The school is supposed to provide it, but she signs a contract that doesn't mention it... well SOL

You can not be "paid" for Christmas. You mean they deducted two days pay from her slalary? Unlikely. Or she pathetically agreed to work. SAFEA can't help that. You can volunteer all you want.

Do yourself a favour forget about it. If she complains to you, say next time be more mature and insist on things you think you should have. If you get involved, you'll trouble herself, and when it comes crunch time to talk about some issue, she'll be AWOL, leaving you to hold the bag of hornets.
Forget it. Yes there are many recourses, but she has not the fortitude to take any of the avenues, such as asking the school, gee, what about airfare. Or... no, I am not going to work on my holiday, its a holiday

[upchuckles]

At this point there is nothing she can do.. She can beat her chest and threaten the school but at this point, with the cost of what the school owes her, it will be easier for them to find another simple minded ignorant guppy.. The only way to defeat the school in this situation is if all the teacher cooperate in unison until the school pays the teacher what she is owed. In this situation, the school will have too much to risk loosing..

[lostinasia]

I am the one that provided the SAFEA "laws" a few weeks ago. However, those were FUTURE regulations and not current