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Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

I am working under a long-term teaching contract for which I am paid a fixed salary Monthly - 20 hours a week are stipulated on the contract, but the hours can be less and I'll get paid the same as if I was working 20 hours.

The contract also stipulates that my employer will pay for my visa.

Recent unpredictable changes to Visa requirements caused me to have to leave China half way through a Month's teaching, and go to Hong Kong for a short while, until I could sort out a visa to return.

All my expenses minus food were paid for while I was in Hong Kong, but I am not being paid half my Monthly salary because I had to leave China.

In the West, if I was a factory worker and the machines packed up, or new governmental regulations stopped me from entering the workplace, then I do not think I would have my pay docked. Like the most standard work contract in the West, the payment clause in my contract is not an hourly agreement; it is a Monthly agreement.

I am unsure as to whether I should be paid in full as per my contract and also be paid for my expenses in having to go to Hong Kong to sort out my visa (which both myself and my employer were not able to predict upon me signing the contract). After all, my funds to pay for food, and any other non-housing costs while in Hong Kong had to come from somewhere.

Can anyone help me with this? - What would be the most correct position on this from a business perspective?

If I do accept the dock in my pay, just to keep my employer happy, would this not mean that I can go on holiday in the middle of my teaching term, and just say "Ah, dock my pay"..? - If this is the case then maybe such a flexible situation could be beneficial...

It seems the business suffers a loss because they will receive no money from students/english classes, and I suffer a loss because I am receiving no salary. At the same time I am being employed by the Business, and in the same way that the school can say to students "Sorry, we can not refund you your Monthly fees, it is the government's fault and all businesses like ours are suffering", can I not say the same while requiring them to honour their side of the contract...? I do not think I am expected to shoulder the losses of the Business, as I am in no position to manage or direct the business.... Crying or Very sad

killian · Posted: Wed Jun 18, 2008 4:59 am Post subject:

well...for reference

i was necessitated to do a visa run from dalian to LA. they paid everything (including my salary for one week that i didn't teach).

that they are being so tightfisted over such a small amount is an indicator of the future.

Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

Hmm, interesting, well I was out of action for 2 weeks...

And regarding tightfistedness, this has already been present - contract stipulated 2 bedroom apartment and all necessary items, and my apartment has only 1 bedroom. This means my 'office' is also my bedroom. There was also an absence of many necessary items in the apartment because it was a new lease for the school - I am trying to get money back for things like an iron and dustpan & brush that I have had to buy myself.

It sounds like you are suggesting that there is room for some kind of negotiation or that my employer has a leg to stand on if he wants to dock my pay - Doesn't this mean he could invent some governmental-related reason in the future to just shut the school for a couple of weeks when ever he wants and dock my pay accordingly (hey, it could even be a public holiday I am not aware of).

I mean, obviously withholding pay when I've put in the hours would be completely a breach of contract, or something like not providing me with a kitchen. How much of a breach of contract is this not paying me for half a Month due to a business requirement imposed by the government upon their school?

I have let the lack of additional room in my apartment go unmentioned, which is a pretty considerable breach in my opinion, and there is a 'breach penalty' clause in my contract, but I can't be bothered with the upheaval - both work relationship and residential - that would be involved, my bedroom's big enough for me anyway.

killian · Posted: Wed Jun 18, 2008 7:08 am Post subject:

first post of this thread, first sentence.

you are correct.

Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

arioch36 · Joined: 21 Jan 2003 Posts: 3589

I agree. it would have been nice if a dustpan was there, but to quibble over a broom?

Kev is on the money here. Make sure the stinginess is on theior side not yours. If I was the Chinese worker, and you complianed about such small things, I would immediately have you pegged as a waste of time.

Teatime of Soul · Joined: 12 Apr 2007 Posts: 905

Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

Thanks for the advice, the items I had to buy for my apartment added up to a few hundred kuai... there was no wok or any cleaning products - I literally moved in to a brand new apartment, I have not yet invoiced the school for any of these things so I think I'll leave it based on what you've said..

You have said that fighting for 2 weeks pay is worthwhile, but I am wondering what the reasonableness is - can I legally or 'fairly' ask for the 2 weeks pay? - What is the best argument my employer could come up with to say why he shouldn't pay me? - The school took a holiday while I was gone, and I think the students pay by the lesson... Confused

The Chinese government has been making many changes to visa requirements due to Olympics and protests; like no Z visa to under 25s and requiring hotel booking and return flight details for L visa, etc. I am not sure as to the complication that arose that required me to go to Hong Kong, I think it was something to do with the local office where I am.

redpiston · Joined: 30 Sep 2007 Posts: 338

Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

Everything is legal, and there was a complication, so what do you think is the reasonable position with regards to my contracted services? - Should I get paid or not?

arioch36 · Joined: 21 Jan 2003 Posts: 3589

I think it really depends on how you feel about the school. They said they paid all of your expenses to and in Hong Kong. If they did this with no bitching, that's better then a lot of schools.

Killian's school was really an exception. Is there something in your house you want? (I mean something a lot more expensive and a light nicer then a broom and dustpan) I think if I felt okay about the school, I might be tempted to work out a bargain, especially without knowing who is at fault, you buy this for my apartment, (which is really the school's) and we will forget about the two weks pay

Xanthos · Joined: 14 Nov 2005 Posts: 151 Location: Beijing

I'm not so bothered about my apartment - it's fine now, and I only mentioned the apartment just to indicate that the school has been a bit tightfisted in honouring it's side of the contract from the start.

From the responses above, I am seeing that I should leave my desire to get paid, and generally the consensus appears to be that I shouldn't get paid. China is developing, I am paid *more than enough* - by China's standards, and so it honourable as a lucky foreigner who can earn bucks just for being foreign to let it go.

Some FT's appear to act more strictly business-like with regards to how the contract is adhered to, just so things are kept in focus, as in my experience, the Chinese employer is often trying to squeeze something extra out of the teacher or provide them with something which can appear better than expected at first, and then in reality wind up worse than imagineable.

For example, in the past I have been given a school apartment on the 5th floor of a block without a lift, but the number of rooms and size of rooms was huge - but that didn't counter-balance the crazy lady who lived next door and literally screamed and shouted every morning and evening for at least an hour. Or what about the nice modern apartment on the 3rd floor which lets in lots of sunlight and is conveniently located near shops on the corner of a small street, but every night the prostitues from the nearby brothel all sit on the street outside the bedroom window screaming their heads off while 'chatting' and playing cards and mahjong beginning at 3am and ending at 5am... corners are always cut, and this time I have wound up with one bedroom less, an apartment empty of any useful contents (which I have now bought and will not be billing the school for), and having to buy breakfast, lunch, and dinner in Hong Kong (which isn't the cheapes place in the world) for 2 weeks, without any salary being earned. This time it is not about noisy accomodation (which would probably have been going cheap due to people moving out for the same reasons in the past), but about pay agreements and expenses incurred due to mishaps befalling the school (something outside of my forecasting and management) being paid for by me.

Don't tell me that all you people posting here like I owe my Chinese employers something extra that you have never been cheated out of something that was agreed with a school... I know it can be expected and thought to be part of the job, but how far are we expected to go? This was the only reason I posted this topic, not to have a moan, but to see what people thought was reasonable.

Thanks for all the replies all the same.

arioch36 · Joined: 21 Jan 2003 Posts: 3589

Well Xanthos,

you certainly read what you want in posts

redpiston · Joined: 30 Sep 2007 Posts: 338