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'Voluntary' Work = breach of contract?
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u24tc



Joined: 14 May 2007
Posts: 125
Location: Dalian, China

PostPosted: Wed Oct 31, 2007 4:46 am    Post subject: 'Voluntary' Work = breach of contract? Reply with quote

Quick question.

If your contract states you are not able to take up employment on the side, does that include doing some voluntary unpaid work in your free time with a company?


Thanks
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Wed Oct 31, 2007 4:55 am    Post subject: Reply with quote

you started working for that famous charity - save the EF teachers fund????
Just out of curiosity - what type of unpaid teaching for a "company" deserves the sacrifice of your personal time?????
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Wed Oct 31, 2007 5:20 am    Post subject: Reply with quote

See how your contract is worded.

Technically any work, paid or unpaid is against the rules.
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Wed Oct 31, 2007 6:39 am    Post subject: Reply with quote

Why the heck would you volunteer?? Just watch the dean who organises the volunteers rock up in his new BMW. I can not understand why some people volunteer in China. Maybe in the west of the country, but elsewhere, no way!!!! The reason the dean wants a volunteer is so that he can pocket all the profits himself.
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Lorean



Joined: 21 Dec 2006
Posts: 476
Location: Beijing

PostPosted: Wed Oct 31, 2007 6:40 am    Post subject: Reply with quote

Aye, look at how your contract is worded.

I've seen a contract that pretty much implied that if you spoke English to anyone outside of class you could be fired.
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Tarheel 13



Joined: 02 May 2007
Posts: 44
Location: Outer Banks, NC

PostPosted: Wed Oct 31, 2007 10:11 am    Post subject: Reply with quote

Don't be such a *beep*. Most of us have found the odd teaching gig outside of our contracts, and nobody really cares. I get paid in cash upfront, $150 RMB per hour. I also teach an extra few hours a week at my university and am paid by the university. Don't be a wimp. Get some beer money and a few extra kuai for the Spring Festival.
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laska



Joined: 05 Nov 2005
Posts: 293

PostPosted: Wed Oct 31, 2007 11:25 am    Post subject: Reply with quote

Well, I don't think it will cause you any problems as long as you are either 1) low key or 2) careful that it's totally clear you are volunteering.

If the "company" is making money, technically, to me, that is NOT volunteering. Volunteering would be work you do for a not-for-profit organization.

You might consider going through the neighborhood committee, i.e., an official organization. They will be really happy to have you volunteer to teach retired folks English in preparation for the Olympics/World Expo. And by being official, i.e. gov't sanctioned, you risk no understandings and have a little pull.

Teaching country kids in your living room is much more dangerous. Be sure you don't have any bibles in the house when the cops come. Shocked Wink
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u24tc



Joined: 14 May 2007
Posts: 125
Location: Dalian, China

PostPosted: Wed Oct 31, 2007 11:55 am    Post subject: Reply with quote

Well... was thinking of doing some extra English teaching to build up the CV for the future.

I don't have the copy of the contract as it is back in my native country.

Even if I worked there, got paid in cash, I could just say I was doing it voluntary if someone asked.. I would say '...to gain experience.''

But then again.... would everything be ok if the current employer simply gave you permission to work part time elsewhere?

Any paperwork to be processed?
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Wed Oct 31, 2007 2:34 pm    Post subject: Reply with quote

Regardless of whether you're actually doing volunteer work or just making an extra buck or two, if you'e working outside the contract you're working for someone else and making money for someone who isn't your boss. Imagine that you're a farmer. A neighbor walks up to your fence with a bucket and a stool, sits down just outside the fence and whistles to the cows. Maybe he has some fresh sweet hay, maybe they just like him to rub behind their ears. One by one the cows come over and your neighbor reaches through the fence and milks your cows. Next morning your cows are dry. That's how many Chinese employers regard us. Not as smart as cows, but chattel just the same, and as such to be protected from theft. The SAFEA guidelines weren't drawn up to protect the interests of cows, but of farmers.

The Travelling Wilburys: "In Jersey anything's legal, as long as you don't get caught"

I don't like to advocate the "get away with it while you can" approach, but here in China that seems to be the culturally sensitive thing to do <sigh>. Unless you're incredibly careless, even for a foreigner, chances are slim that you'll be caught. Chances also are that, if an employer uses this to fire you, he has already decided for whatever reason that you're of no use to him. This isn't the real reason, just the excuse he needed to get rid of you.
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AussieGuyInChina



Joined: 23 Nov 2006
Posts: 403

PostPosted: Wed Oct 31, 2007 2:54 pm    Post subject: Reply with quote

Quote:
Imagine that you're a farmer. A neighbor walks up to your fence with a bucket and a stool, sits down just outside the fence and whistles to the cows. Maybe he has some fresh sweet hay, maybe they just like him to rub behind their ears. One by one the cows come over and your neighbor reaches through the fence and milks your cows. Next morning your cows are dry. That's how many Chinese employers regard us.
Laughing Laughing Laughing Laughing Laughing
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SnoopBot



Joined: 21 Jun 2007
Posts: 740
Location: USA

PostPosted: Wed Oct 31, 2007 4:30 pm    Post subject: Reply with quote

Be careful the new regulations specifically state any outside work must be approved in your contract or in writing from your school. This is something new just coming down. If your school is full of a bunch of pricks they can use this new regulation to give you the shaft.
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Uncle Vinnie



Joined: 21 Oct 2007
Posts: 100

PostPosted: Wed Oct 31, 2007 4:36 pm    Post subject: Reply with quote

In my opinion, the above analogy is totally wrong in regards to teaching others who have not already contracted with the "boss" for lessons.

I agree - if the employee/teacher provides lessons outside of class, for pay, to the "boss'" students/cows, then a breach of contract has occured. But, if the "teacher" provides lessons for pay to other people/cows who have not paid the "boss", then it's Ok.

The "boss" agreed to pay the teacher for x number of teaching hours. As long as those hours are completed, the contract clause which says that a teacher shall not teach any other non-paying cows is legally considered an "Adhesive Contract" and is not enforceable. At least in the US.

Check it out - Adhesive Contract/Contract of Adhesion.
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Kootvela



Joined: 22 Oct 2007
Posts: 513
Location: Lithuania

PostPosted: Wed Oct 31, 2007 4:41 pm    Post subject: Reply with quote

Just don't get caught and that's all right.

I find it unfair from employers to limit people in possibilities to earn more. It's not about that you work worse but it's because you can work for their rival company, which is a big crime in ELT.

If you need extra cash because your job doesn't pay off, go for another job.
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Lorean



Joined: 21 Dec 2006
Posts: 476
Location: Beijing

PostPosted: Wed Oct 31, 2007 11:09 pm    Post subject: Reply with quote

Quote:
Just don't get caught and that's all right.

I find it unfair from employers to limit people in possibilities to earn more. It's not about that you work worse but it's because you can work for their rival company, which is a big crime in ELT.

If you need extra cash because your job doesn't pay off, go for another job.


Agreed. If it is in your employer's interests, they will screw you 9 times out of 10. No point in being loyal.
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Lorean



Joined: 21 Dec 2006
Posts: 476
Location: Beijing

PostPosted: Wed Oct 31, 2007 11:10 pm    Post subject: Reply with quote

On a similar note, has anyone ever heard of an FT getting sued over contract violation?
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