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ContractQuestion:PayDeduction-missed teaching days

 
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PROUT



Joined: 11 Oct 2008
Posts: 86
Location: Shanghai China

PostPosted: Tue Oct 14, 2008 3:17 pm    Post subject: ContractQuestion:PayDeduction-missed teaching days Reply with quote

Is BELOW a standard contract element?
Quote:

In case the working time is shorter than a whole month, the payment shall be counted pro rata by day. The daily wage shall be 1/30 of the monthly salary (the same with February). Party B agrees that his/her salary will begin from the first day of the class he/she will be teaching.


Consider the House-Friendly Math:

*One month, Teacher A teaches 20 days instead the customary 21. Can't make up the administration-approved missed classes. Someone else does. So...the salary is computed to be 20/30...2/3 of the monthly salary, for missing one day of classes!!!

*Teacher B is a full-timer, with a 3-day weekly schedule...and...by missing one day of classes (as ABOVE), the FT would receive 11/30 of the monthly salary!!!

Obviously, the system should/must be based upon typical numbers of teaching days, rather than total days in the month.

What do your contracts say?

Thanks
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kev7161



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

PostPosted: Tue Oct 14, 2008 11:33 pm    Post subject: Reply with quote

That is standard with most months constituting either 30 or 31 days. It doesn't mean you need to work all 30-31 days (or even 28/29 in February) it just makes it easier to calculate should you need to take days off. My contract has a clause in there for how many days in a row I can be "officially" sick before they start deducting (I think it's 10). So let's say you take off two days for personal reasons and don't make them up and you get paid 10,000 for a month. 1/30 of ten thousand is about 333 x 2 = 666 rmb you'll have deducted that month. You are making a salary in this case of 10000 PER MONTH (weekdays and weekends) and not an hourly wage.

Disclaimer: That's how they do it at my school. They don't pay me "X" amount for each class (I teach 20 a week) and break it down that way. Other schools may do it differently.
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Anda



Joined: 16 Jan 2003
Posts: 2199
Location: Jiangsu Province

PostPosted: Tue Oct 14, 2008 11:40 pm    Post subject: Um Reply with quote

Take it up with them and get it changed before accepting the contract. Many Chinese teachers have to be available seven days a week so that might be the case for where you are working and so they have written the contract for you the same.
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eddy-cool



Joined: 06 Jul 2008
Posts: 1008

PostPosted: Wed Oct 15, 2008 5:00 am    Post subject: Reply with quote

I don't see how missing one day can lead to a salary compression by one third; rather I would think the 'prorata' thing means they deduct one-thirtieth off your salary.

Actually, I have never had such issues with any employer; in my most recent contract it says I get paid per hour for any extra lesson. Not sure if it has a stipulation about missed classes that I haven't made up.
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mikefriend



Joined: 12 Oct 2008
Posts: 118
Location: Sleep walking around the world. But don't wake me up, you might kill me.

PostPosted: Wed Oct 15, 2008 7:50 am    Post subject: Reply with quote

Quote:
Party B agrees that his/her salary will begin from the first day of the class he/she will be teaching.


This means on your first month of teaching that if you start on the 5th of the month that is the day they will start to pay you from. Bad clause really.

Typically schools should pay you from the first of the month regardless of your start date. Guy I work with didn't start till the 16th of the month and they only paid him half a month. He asked me, I told him it was fair.

So if your start date is the first, then it means nothing.

But also consider that if you finish your classes in the middle of the month they won't pay you for the whole month.
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kev7161



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

PostPosted: Wed Oct 15, 2008 9:31 am    Post subject: Reply with quote

Quote:
But also consider that if you finish your classes in the middle of the month they won't pay you for the whole month.


I just disagree with this statement. Obviously things are going to differ from school to school but unless you're getting paid PER CLASS you teach, then I think this statement is not true. Now, I DO agree that if in your first month of your contract, you start on the 5th or 10th or whatever, they may pro-rate your first month pay so it could be important you clarify that before signing.

However, as I said before, if they agree to pay you 10,000 a month, then you should get that amount every month unless you take too many sick or personal days. The school will determine your schedule and the number of classes you teach per week/month so as long as you stick to their schedule, you should have no problem. If you take a sick day, make sure that's approved according to your contract stipulations so you don't get penalized.

I'm guessing that the above quote may pertain to your final month. If you finish your teaching halfway through the month, they may only pay you half of your salary. Again, probably wise to clarify and have it explained in writing in your contract so no bad feelings at the end of your tenure. Also, clarify holidays. Our Spring Festival/CNY holiday should be starting around the middle of January next year and probably wrap up around mid-February. Will you still get full salary for those two months? I don't know, that's up to you to find out.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Wed Oct 15, 2008 10:03 am    Post subject: Reply with quote

really low.

I would quickly insist on getting rid of that point
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gregmcd101



Joined: 06 Jun 2006
Posts: 144
Location: Ireland (for now)

PostPosted: Wed Oct 15, 2008 3:07 pm    Post subject: Re: ContractQuestion:PayDeduction-missed teaching days Reply with quote

There is a similar clause in my contract. but everyone ignores it.

My old contract with a different university finished on June 30th. My first teaching day here was September 8th. I was paid in full for July, August and September. Overtime payment due at the end of this week. 40 extra hours at 120 RMB. WooHoo.


PROUT wrote:
Is BELOW a standard contract element?
Quote:

In case the working time is shorter than a whole month, the payment shall be counted pro rata by day. The daily wage shall be 1/30 of the monthly salary (the same with February). Party B agrees that his/her salary will begin from the first day of the class he/she will be teaching.


Consider the House-Friendly Math:

*One month, Teacher A teaches 20 days instead the customary 21. Can't make up the administration-approved missed classes. Someone else does. So...the salary is computed to be 20/30...2/3 of the monthly salary, for missing one day of classes!!!

*Teacher B is a full-timer, with a 3-day weekly schedule...and...by missing one day of classes (as ABOVE), the FT would receive 11/30 of the monthly salary!!!

Obviously, the system should/must be based upon typical numbers of teaching days, rather than total days in the month.

What do your contracts say?

Thanks
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