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The Five Year Rule
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Thu May 15, 2008 2:14 pm    Post subject: The Five Year Rule Reply with quote

Just talked to an FAO today who said that earlier this year the SAFEA had a meeting where they reminded /stressed? school FAO's that that a laowai could only teach five years consectutively, then had to retrun to the home country for two years
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Eyrick3



Joined: 29 Mar 2008
Posts: 161
Location: Beijing, China

PostPosted: Thu May 15, 2008 11:41 pm    Post subject: Reply with quote

I know a number of guys who have been in China for longer than 5 years and have either: a) never gone home, b) only gone home for a few weeks before returning to China.

I'm quite sure this is just a rumor, so no reason to worry. Very Happy
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MGreen



Joined: 22 May 2007
Posts: 81

PostPosted: Fri May 16, 2008 12:02 am    Post subject: Reply with quote

There is the 5 year rule, but I have never heard of teachers having to go home for 2 years. Where I teach, after 5 years you have to leave (they don't care where you go) but you can come back to the job after 1 year.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Fri May 16, 2008 12:42 am    Post subject: Reply with quote

Never seen or heard of any such "rule".
The longest period I have been out of China was 11 weeks, and that was in 1999. I think if such a "rule" really existed I would have heard about it during my 14 years here.
Maybe it is one the "grey-rules" - you know the ones - they take it out of the cupboard to use it when it suits them. I suppose it could be useful as an excuse for not offering a new contract because they really just don't want someone anymore.
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patsy



Joined: 07 Oct 2004
Posts: 179
Location: china

PostPosted: Sat May 17, 2008 12:57 am    Post subject: Reply with quote

At one of the major universities in Qinghai, a foreign teacher was let go after 3 years, stating there was a "3 year rule". I have also heard of a "2 year rule" out here. So the rule can change based on when they would like you to move on.
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kev7161



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

PostPosted: Sat May 17, 2008 1:32 am    Post subject: Reply with quote

I guess I'm on the six year rule as I'll be returning in the fall for my 6th year (4th at this school). I only go home for a few weeks in the summer. Also, my school has talked about me taking up a teaching/administrative position after next year. Hmmmm, maybe a seven year rule?
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Moon Over Parma



Joined: 20 May 2007
Posts: 819

PostPosted: Sat May 17, 2008 6:07 am    Post subject: Reply with quote

patsy wrote:
At one of the major universities in Qinghai, a foreign teacher was let go after 3 years, stating there was a "3 year rule". I have also heard of a "2 year rule" out here. So the rule can change based on when they would like you to move on.


Many school administrators would tell you they had a "Godzilla rule," if it was convenient and could be buried under the murky lack of knowledge many FTs have about Chinese labor laws regarding foreign labor and local enforcement of said rules. Also, a school's policy on keeping FTs is entirely dependent upon them. There are schools that can petition to hire FTs without degrees, from non-native speaking countries, etc. because they simply cannot pull in teachers (usually because of a desolate location, dire living conditions, poor pay on offer, a bad reputation, an incompetent FAO not properly recruiting, and so on).
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11:59



Joined: 31 Aug 2006
Posts: 632
Location: Hong Kong: The 'Pearl of the Orient'

PostPosted: Sat May 17, 2008 6:37 am    Post subject: Reply with quote

Actually, in the days of the proper Foreign Expert system there was indeed a 10 year rule which stated that no one could spend longer than a total of 10 years in China, even if they married a Chinese. I would be very surprised if this was still enforced however, or even enforceable. Having said that though, I'm also surprised by people trying to enter a lift before those inside it have alighted so nothing in China would really shock me all too much. I guess the 5 year rule, if it exists, can be conveniently sidestepped if it suits the powers that be, and enforced as if it is the most normal thing in the world if and when it suits them.
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Surfdude18



Joined: 16 Nov 2004
Posts: 651
Location: China

PostPosted: Sat May 17, 2008 7:53 am    Post subject: Reply with quote

As 11:59 hints at,all these 'laws' exist in China. There is probably a book hidden away somewhere which lists a 2 year rule, a 5 year rule, an eight year rule, a 2.4151515 year rule, and so on, all to be used by the appropriate person as and when it suits them, rather than with any consistency.

Even if someone did get told to leave under a '5 year rule', I'm 99% certain that they could come back into China straight away with a new job in a different province. Personally I think this rule is only ever invoked when a school wants to get rid of a certain teacher for whatever reason.
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11:59



Joined: 31 Aug 2006
Posts: 632
Location: Hong Kong: The 'Pearl of the Orient'

PostPosted: Sat May 17, 2008 8:12 am    Post subject: Reply with quote

Quite. (There is most likely a 'zero year law' written down somewhere, too!) Technically speaking, that is, according to the letter of the law (or is it to the character of the law?), co-habitation between a Chinese female and a non-Chinese male (but not the other way around) is still highly illegal, and the female can be charged with both prostitution and 'undermining Chinese society' (my translation), which is a crime against the state, no less. But this law is rarely enforced now, unless of course somebody annoys and/or angers someone high-up somewhere who wants to extract revenge and have the guy deported and the girl carted off for 're-education'. Similarly, according to the law, foreigners can only reside in 'police-approved' accommodation. Again, this is rarely enforced now.
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killian



Joined: 10 Jan 2003
Posts: 937
Location: fairmont city, illinois, USA

PostPosted: Sun May 18, 2008 1:14 am    Post subject: Reply with quote

teach on.

in taiwan, part of china, it is illegal for foreigners to teach kindergarten. yet, such remains a multi-milloion dollar industry.

all part of the game.
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Leon Purvis



Joined: 27 Feb 2006
Posts: 420
Location: Nowhere Near Beijing

PostPosted: Sun May 18, 2008 3:47 am    Post subject: Reply with quote

Hey, I know a guy whose school invoked a two-year rule.
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Yu



Joined: 06 Mar 2003
Posts: 1219
Location: Shanghai

PostPosted: Tue May 27, 2008 7:17 am    Post subject: Reply with quote

Perhaps they dont want you back. But they want to save face, so they tell you there is a 5 year rule. Last year a 4 year rule was put on a FT here. But for me there were not problems. It is a way for the school to get rid of you easily. If you want to stay, make a lot of noise and it probably wont be a problem.
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Tue May 27, 2008 9:28 am    Post subject: Reply with quote

11:59 wrote:
Similarly, according to the law, foreigners can only reside in 'police-approved' accommodation.

a cell.
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Tue May 27, 2008 10:33 am    Post subject: Reply with quote

Quote:
Similarly, according to the law, foreigners can only reside in 'police-approved' accommodation. Again, this is rarely enforced now.


Not enforced because it was rescinded about 4 years ago - in Beijing at least.
A foreigner can legally reside anywhere he wants to; but the law says that he must register with his local police station within 48 hours. The time period is not usually adhered to. Common practice seems to be that registration within 28 days is acceptable - or at least it has been in my case on the last three occasions.
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