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[Wyndian]

Please review this contract for me. How does it stack up?

__________________________


OF THE FIRST PART, and

Mr./Ms. _________of the city of _______, State of _______, _______ (hereinafter called the �Employee�)

OF THE SECOND PART

In consideration of the mutual agreements entered into between the parties and in consideration of the services to be performed by the Employee for the Employer and the remuneration to be paid by the Employer, the parties hereto covenant and agree as follows:

AGREEMENT: 1. The Employer engages the Employee to serve the Employer upon the terms contained herein, which are hereby agreed to by the Employee.

WORK PERFORMED: 2. The Employee agrees to teach twenty contact hours per week (preparation hours not included) and to attend faculty meetings and briefings as required. The Employee further agrees to be in his/her office one hour prior to first class unless first class time is before 4:30 pm.

DURATION: 3. The term of employment shall commence ______, 2008 and terminate no later than _______, 2009.

SALARY/WORKING CONDITIONS: 4. The Employer shall pay the Employee by way of salary the sum of 8,500 RMB/Month plus 1,000 RMB Housing Allowance when Employee resides off campus. Salary to be paid on the 14th of each month. Employer will supply Employee with office equipped with all necessary office equipment (desk, chair, computer, etc.), supplies and support staff. Employer will also provide Employee with temporary housing upon arrival at place of employment (not to exceed thirty (30) days). Employer also agrees to pay any and all monies required to obtain working visa for Employee.

DEDUCTIONS: 5. Deductions will include: Income Tax (as per Chinese law), Health Insurance at 2% per month.

VACATION: 6. The Employer shall allow the Employee vacation with pay during the term of employment accumulated at the rate of one day (1 day) per month for each full calendar month worked, to a maximum of two full working weeks per year. The time taken for such vacation being at the discretion of the Employer provided that at least two weeks notice is given to the Employer by the Employee. One week of vacation must be taken during Christmas vacation period

SICK LEAVE: 7. The Employer shall allow the Employee sick leave with pay accumulated at the rate of one day per month (1 day) for each full calendar month worked to a maximum of seven (7) sick days per year. Proof of illness may be required.

HOURS OF WORK: 8. The Employee is expected to work a minimum of 20 contact hours weekly. The Employee is further expected to be in his/her office one hour before commencing first class unless time of first class is before 4:30 pm. The Employee may be required to work in excess of this amount from time to time and will be reimbursed for those hours at an overtime rate of 125 RMB per hour.

TRAVEL 9. The Employer shall reimburse the Employee for Airfare to a maximum of 8000 RMB. The sum to be paid in two installments: 4,000 RMB after completion of six months and the remaining 4,000 RMB at end of contract period. All other travel undertaken by the Employee on behalf of the Employer will be reimbursed on �Actuals� (receipts must be submitted before monies are paid). All travel must be pre-authorized by the Employer.

TERMINATION: 11. The Employee may, at his/her option, terminate this Agreement by giving the Employer 1 month (30 days) notice in writing. If Agreement is terminated by Employee in first six months, Employee agrees to reimburse Employer for visa expenses incurred.

12. The Employer may terminate the Employee�s employment under this Agreement:

1. Without notice;
(a) if the Employee neglects or refuses to carry out his duties; or,
(b) if the Employee is guilty of unreasonable misconduct, neglect or negligence in carrying out his duties; or
2. With 1 month (30 days) notice due to lack of work
3. Upon termination of this Agreement, Employer will provide Employee with all monies owed



WHOLE AGREEMENT: This Agreement constitutes and expresses the whole agreement of the parties hereto with reference to the employment of the Employee by the Employer, and with reference to any of the matters or things therein provided for, or herein before discussed with reference to such employment, all promises, representations, and understandings relative thereto being merged within.

[Mister Al]

To be frank it really is about what you think about the contract in relation to your current circumstances.

Anyway,there are some terms I wouldn't be too happy about myself such as being 'on duty' one hour before your first class. What's the rationale behind this?

What do they mean by 20 contact hours? Is that academic hours (40 or 45 minute periods)?

Also the deduction of 2% for health insurance. I would expect the employer to pay that.

Salary/housing could be okay depending where you are based.

Vacation. Do you also get all Chinese national holidays?

I would negotiate and also get some clarification.

[arioch36]

i am assumimh this is some language school? Over all a terible deal, if I read right

2% insurance is total garbage

8, 000 airfare is extremely low. Oil prices rise, lets say airfare actually costs you 16,000, that's 8,000 you have lost compared to a contract that pays full air fare

Unless I missed something here , the school only provides housing for the first 30 days , maximum. This sounds like a contract written by a "language" school in a big city. How much for decent housing in this city, anywhere close to the school? Big issue! Why don't they have any apartments prepared for the laowai? And all the time you will need to spending looking for the place? I housing is 3,000 near the school? Or any housing at all? I would really really ask to contact a curent foreign teacher. Then of course u will have to pay utilities, internet fee, find a fully furnished place, which for a laowai might insist on a huge deposit


The employer can require you to work extra hous? Big red flag. Can they farm you out, sell your services to other schools? 125 /hr aint a lot in a big city
best of luck

[mikefriend]

[Anda]

Yes as picked up by Mister Al the work contact hours means 25 class hours. They are not giving anything away with so little holiday pay. Your contract would have to state that side work would be allowed for the holiday periods and that you were free to stay in the accommodation provided. But it sounds that you have to get your own off campus. 1,000 RMB a month for accommodation and utilities isn't much even in a cheap city here. You will be up for a bond with accommodation that is sometimes hard to get back.

Where I work most are on 4 to 5,000 for 16 class hours a week with accommodation and utilities paid for and from one to three months of paid holiday. Side work however is hard to get but.

So it is a very average offer and one you could get stuck if things went wrong plus you are going to have to buy quite a bit of stuff and get things connected if you live off campus.

If you are new to teaching English then it isn't that bad an offer but if you have a few years of experience then I look around a bit more.

When are you working or how many hours are your work hours spread over? Is this a Uni or an institute?

[arioch36]

Actually, in a way, it's a worse offer for someone coming to China for he first time. he way it sounds is that this school will offer no support outside the class/office. I can not imagine being heremy first year , especially if I did not know the language, teaching 25 ours a week, having to find my own apartment, hopefully furnished, setting up my own phone, utilities, internet, etc
Without knowing whee the school is, it is difficult to say how hard this is.For language schools in the center of the city, affordable, availavble housing ca be very problematic

[Anda]

Yep, it's nothing great that's for sure. There would have to be plenty of other work available in the same city for me to take on an apartment.

My setup with three months paid holidays plus apartment and utilities along with airfare and 16 hours for 5,000 a month I see as better than the offer above.

I had my own apartment for three years in Korea and it worked out okay. It was furnished but!

[Hansen]

Wyndian,

You can do better. Continue shopping. Here are a few ideas:

Health insurance: Included

Teaching time: Indicated by: "Teaching periods of [for example] 50 minutes", not contact hours.

Clear statement regarding housing arrangement. Is 1000 RMB monthly enough in your area?

Vacation: You receive two weeks per employment period at discretion of employer and one week must be during Christmas. Some teachers get ~three months paid plus an odd week or few days now and then.

Hours of work: Minimum of 20 hours a week plus one hour unpaid before each class? Contract should be written to indicate maximum hours per week as in "Not to exceed 16 teaching periods of 50 minutes per week. Any teaching periods beyond 16/week to be paid at 125 RMB per period." One unpaid hour prior to each class required? LOL, don't even consider it.

Sick pay: You get 7 days/year. A good contract will offer at least 10/days per term.

There are good employers out there. Wait till you find one. A contract issued by SAFEA with appendix is a good way to go. Any attempt to control what you do on your own should be avoided. I saw one contract which attempted to prevent the FT from discussing certain specific subjects with any one at any time. Why would anyone agree to something like this?

If you "drive a hard bargain" you may get verbal assurances or even written assurances that will not be fulfilled. Find a school that is comfortable offering you what you want. Make sure your wants are reasonable for your locale.

If this is your first contract, consider a government school that will provide housing. A school that faithfully pays your 4500 is a lot better than a school which doesn't pay you your 7000.

Some places offer a rathole for lodging, but even a rathole can be inhabited for one contract period if it is heated and you are in a cold place. The noise factor is a difficult one with which to deal. Good luck with that.

[Eyrick3]

[Wyndian]

Thanks a lot everyone, that's all really great advice! It's tough deciding on a proper school.

[JohnC]

Get your airfare paid up front.

It will save you an immense amount of problems/stress later on.

If they refuse, just say "next!"