Job Discussion Forums

[sharnac]

Hi
Apologies if this should have been asked somewhere else - I'm new at using forums. I would like some advice on a contract I have recently received. I have pasted in the parts that I would like advice on. I have five years ESL experience and a Bachelor of Education and I would like to know if this contract is around the type I should expect. I am particuarly interested in advice on the accommodation (not included in contract), the teaching hours, the blurb about other employment, paying for your own uniform and number of days paid holiday a year. Thanks!

Remuneration


1. A basic monthly salary of 8,000 RMB (probation period) and which is due and payable on the 10th of each month, not in advance. (An attandence record will be tracked from the 1st to the last day of the previous month)
2. A probation review will be made after three months probation. The Employer reserves the right to extend the probation period if the employee�s performance does not reach expectations. After the probation period, the employee�s salary will be adjusted to 10,000 RMB.
3. The Employee is responsible for providing accommodation themselves including all related utility expenses. There will be a teacher assistant that helping teachers to rent a flat.
4. There will be an annual payment toward airfare costs of RMB 3,000 after the Employee has worked for the school for twelve months.
Bonus

Teachers will give open classes to potential customers, if customers sign up for long term lessons, teachers will get 100RMB bonus per person, for short term, 50RMB per person.

Working Hours

Working hours per week are 40 hours, which will include 25 teaching hours. The teaching hours may be scheduled at any time from 9am to 9pm on the Employee�s scheduled work days with a maximum of 7 teaching hours in any one day and no more than 3 teaching hours taken consecutively. The Employee�s scheduled work days may fall on any day from Monday to Sunday and at the discretion of the Employer. The base salary referred to in the section titled remuneration corresponds to pay based on the 25 teaching hours per week.
Should the Employee not complete a total of 25 teaching hours per week but has not refused teaching and was able and willing to work and given that it is the Employer�s responsibility to provide the Employee with a sufficient number of teaching hours, then no deduction shall be taken from the Employee�s salary.
The Employee will be given a weekly schedule, however the Employer reserves the right to change schedule as required. The Employer will attempt to accommodate the Employee�s schedule to offer two days off consecutively. However, due to fluctuating student demand, the Employer reserves the right to separate those two days off.

Overtime

Overtime will be calculated on a �per month� basis not on a weekly basis. Overtime payment rate is 100RMB/hour for teaching a class, 50RMB/hour for hosting outdoor activities.


Uniform

A uniform is provided for all staff members. The employee must wear the uniform when working. At the end of one year contract the cost of the uniform will be returned. However, if the employee leaves no matter for what reason before the end of the one year contract 1-6 months this amount will not be refunded, and 6-12 months only half will be refunded.


Holidays

The Employee will be given all statutory holidays as paid holidays. Those holidays are National Day, New Year�s Day, Spring Festival and Labor Day.
In addition the Employee will be granted a 1-day paid holiday for Christmas.
The above statutory holidays should not be counted as part of the employment term for any employee whose length of service at that time falls below 30 days.
After completing 9 months of a 1 year contract, the Employee will be entitled to take a paid vacation for a total of
3 working days.

Sick leave

The Employee is allowed 3 sick days without deduction of salary during the period of employment with the doctor�s approval referred to in the section titled �Term�. Extra sick days are not paid and the Employer reserves the right to deduct an amount from the Employee�s salary for each additional day that the Employee is absent from work. This amount should be prorated to the total number of teaching hours the Employee has not worked.


Bereavement Leave

Three days bereavement leave will be paid for the death of member(s) of immediate family, including Mother, Father, Brother(s), Sister(s), Child, Grandparents.
Application for leave should be submitted with a copy of the death certificate.


Other Employment

The Employee acknowledges that the Employer�s business is highly competitive and shall protect the Employer against unfair competition including unauthorized use or disclosure of its methodology and other sensitive information, the Employee warrants that as long as he/she is employed by the Employer, he/she will not carry on or be employed or concerned in any business, whether directly or indirectly, if that business is similar to or in competition with any part of the Employer�s business.
After termination of this agreement, the Employee will not operate a business in direct competition with the Employer within a year of the contract termination. Additionally, due to the competitive market and in regards of unfair competition practices, the Employee agrees not to accept employment with the Employer�s direct competitor(s) who share similar models to our teaching style in the same city within a year of the termination date.

[Lobster]

I think this is a garbage contract.
You mind telling us what city the job is in? That would help determine the fairness of the wage offer. Even keeping wages aside, there are a multitude of issues here.

You need to look at the post on New Labour Contract Laws on this forum and you'll see that this employer has no compunction about breaching those laws.

i.e. "if an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months" and "Employer may stipulate only one probation period with any given
worker". How does their probation arrangement fit this?

Good luck getting a flight home for 3000 rmb, unless home happens to be in Wuhan.

Open classes: part of the 25 working hours, or just forced unpaid classes with the promise of a bonus if attendees sign up?

Teaching 7 hours in one day? You won't be teaching during hours 6 and 7, you'll be exhausted. That could be 9, 45-minute classes.

Doesn't really specifically say that you'll have 2 days off per week, so they're not obligated to give you those.

Guess what? We've decided to hold your classes out on the patio because the weather's so nice! Hello 50 rmb per hour! As this is less than your regular rate (62 rmb/hr. based on 40 hours per week at 10000 rmb), it's also illegal.

Regarding their non-competition clauses.

Article 23. An Employer and a worker may include in their employment contract provisions on matters relating to maintaining the confidentiality of the trade secrets of the Employer. If a worker has the obligation to maintain the confidentiality of his Employer�s trade secrets, the Employer may agree with the worker on competition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the worker on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract. If the worker breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulated.

Article 24. The personnel subject to competition restrictions shall be limited to the Employer�s senior management, senior technicians and other personnel who have knowledge of trade secrets of the Employer. The scope, territory and term of the competition restrictions shall be agreed upon by the Employer and the worker, and such agreement shall not violate laws and regulations. The term, counted from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his current Employer, or in terms of his establishing his own business to produce products or engage in business competing with his current Employer�s products or business, shall not exceed two years.

Demanding a deposit for a uniform is contrary to the law. Failure to reimburse for any reason is also illegal. I notice they don't want to say how much the deposit is. This is also contrary to law.

The holidays stated are NOT the holidays given by the governnment. There are now about 8 civic holidays. Some just seem to have "disappeared" from this contract.

Bereavement leave of 3 days. How kind!

Those offering you this contract are, IMHO, nothing more than deceptive reprobates. I wouldn't touch this contract with a 10-foot pole, but it's up to you.

RED

[Shan-Shan]

[kev7161]

Let me take a moment to compare my first year at my current job with what you have been offered (I have a Bachelor's of Education and had 2 years ESL under my belt at the time):

1. Pay: 10000 rmb
2. Housing/Utilities: paid
3. Airfare: Up to 10,000
4. Uniform: none (finally got a name tag my third year) - casual to casual dress
5. Hours - 25 to 35 per week depending on how long it took me to do my lesson plans
6. Office hours: What office?
7. Probabtion Period: None
8. Overtime: 80rmb PER HOUR beyond 35 a week. Amount of time I've actually worked overtime: 0
9. Sick leave: Up to 10 consecutive days before affecting salary.
10. Bereavement leave: Not sure, didn't ask, haven't had to request it as of yet.
11. Holidays: All included, fully paid, including summer months

PM me if you are truly interested in a decent, good-paying gig and I'll shoot you an email address to contact.

[sharnac]

thankyou very much for all your advice. I am so glad I posted it as I am a bit of a creative soul who doesnt have much of a head for contracts and details! Looks like I'll be giving these guys a miss then. Once again thank you!