Job Discussion Forums

[hmok]

Hi people,

I'm thinking of taking a job with a school in Changchun, Jilin province in China for the coming March.
They are willing to pay me 3500yuan per month because I don't hold a degree or English training certificates and only have 3 months ALT experience.

They have sent me the contract already to have a look. After reading, I am not quite happy with some of the terms, III. 2. withholding 300yuan from each months salary as a deposit.

I just wondered if someone could have a quick look over of this contract for me and point out any potential pitfalls and terms that needs changing.

Should I even take the job??


Thank you in advance and contract is below.




Foreign Teachers Recruitment Contract（Attachment）
Party A： Educational Exchanges Services office of educational department Jilin Province Government of China and ChangChun language training school（it is abbreviated below with Party A）
Address：No. 338 Jie Fang Road, ChangChun City, Jilin Province, P.R.C

Telephone Number: 0086�431�8611710 or 0086�431�8611712

Party B� full name (it is abbreviated below with Party B)
Home address:
Home telephone number:
Drive license�s number:
Passport number: (one copy for the pass is necessary)
Nationality：
E-MAIL：

According to the national law and the national relative regulations about the recruitment of culture and education experts of foreign nationality, both Parties conclude this agreement under the principles of amity & cooperation and sincerity & faith:

I. Aim of the agreement
1. Ms. (Mr.) ___________ ____is legally employed as English teacher for Party A. Party B agrees with the course and other conditions mentioned by Party A and are voluntary to sign the contract with Party A. Furthermore, Party B will assure to fulfill all the obligations in the contract seriously.
2. Party A has accepted the application for work of Party B. Party A will make great efforts to realize the aim of the agreement smoothly.

II. The work program of Party B
1. Teaching time ：22 hours weekly, according to the work program of each item
2. Teaching content：English teaching.
3. Teaching place：city within Jilin Province.
4. Student： children to adults

III. Working treatment and demand of Party B
1. If Party B accord with the following conditions, Party A will pay Party B with a monthly salary of 3500-4000 Yuan RMB:
A. Party B�s teaching time is 22 hours every week, 88 hours per month;
B. Under the course of nature teaching circumstance and situation of schools and Party B�s, if Party A has not arranged the full teaching hours to Party B , Party B will keeps above salary;
C. If the irresistible events, such as: Wars, SARS, nature disasters, important accidents take place and affect normal teaching, party B will obtain the wages according to practical lessons he/she finished.
D. Party B has to follow the working arrangement of Party A.
2. The salary date of Party B is on day of every month for the duration of this contract. The first month salary is on (month) (day). 300 RMB will be deducted by Party A every month as deposit, it will be returned when Party B finish the one year contract.
3. Party B�s teaching time is 22 hours weekly. 88 hours monthly, Party B can have a rest if he/she has not lessons.
4. The monthly exceeded hours will be paid by Party A at a price of 60Yuan RMB/ hour. (Party A will try to arrange more courses for Party B);
5. Party A will provide Party B the free apartment (telephone fee, water rate, gas fee, electricity fee, sanitary fee will be paid by Party B) with TV, washing machine, water heater, bed, quilt, and wardrobe that cannot be damaged. If the appliance is damaged, party B will compensate for the loss.
6. If Party B works for Party A for one year, Party A can provide Party B with a personal accidental insurance of one year free of charge（it will be handled according to the regulations of the insurance company）；
7. Party A will offer a single flight ticket for return to Party B after Party B working for Party A for one year(3000 Yuan RMB).
8. Party A will arrange legal status for Party B in China .
9. Party B allows others to listen and watch the lessons of Party B if Party A arranges that.
10. Party B can not readjust or rearrange or change the classes schedule by Party B without permission of Party A.

IV. Holiday of Party B
1. If the working contract by Party B signed is one year, Party B can enjoy the same winter and summer holidays of the school. For the holidays Party A will not pay salary to Party B. Party A will arrange courses for Party B if Party B agreed himself/herself; Party B will be paid according to practical lessons.
2. If there are no classes on Saturday and Sunday, Party B can enjoy the weekend. But when some classes are planned, Party B has to follow the united arrangement of Party A.
V. Responsibility of Party B for breach of contract
If the following things happen, Party A has right to declare to the superior department for disposal. The sequent will be borne by Party B himself/herself. Party B should pay for all the losses of the schools� named by Party A, and Party A has nothing to do with the losses. Furthermore, Party A will not be burdened with other related responsibilities:
1. If Party B teach in the schools privately which are not arranged and named by Party A.
2. If Party B does some other part-time jobs privately without permission of Party A.
3. Party B will not allow stop the classes during the midway of normal semester.
4. If Party B does not observe the working arrangement of Party A.
5. If Party B does not observe the terms of this contract. Party B should pay Party A 2000USD.
6. If Party B does not go to school in teaching time without permission of Party A.
7. If Party B break the law or regulations and rules.

VI. Supplementary articles
1. There is a free trial and training lessons of one week for Party B.
2. Party B has to inform party A with written requisition two month in advance by Party B if Party B cannot continue his/her work due to personal reasons (except during the semester), Party A has right to cancel the contract, both Parties follow the contract to settle it friendly, Party B�s requisition will become effective and legal with the permission letter from Party A, Party B should pay the cost for repatriation himself/herself.
3. Party B must strictly observe all the laws of China and the regulations and bylaws of Party A. Party B cannot be bibulosity, missionize or interfere school�s internal affairs. If Party B is cracked down on for not obeying the relevant laws or bylaws etc, Party B should be responsible for all the sequent result by himself/herself. And Party A has nothing to do with the sequent result.
4. During the working of Party B in China, Party B should be responsible for all of his/her individual behaviors; Party A does not have any responsible for Party B�s actions.
5. During the limited time of this contract, Party B can not escape; otherwise Party B has all the responsibility for the sequent result.
6. As Party B signs the contract, he/she should read the items of the contract seriously. Once the agreement is signed, it means that the whole agreement is understood.
7. Matters that concern what are not mentioned in the contract and the items that conflict with the national laws should be conducted according to the laws, rules and relative national policies.
8. If there are any problems between Party A and Party B, both Parties should settle it under the friendly negotiation,
9. The contract expires to terminate according to the school suspend class�s time, If Party B has not finished the teaching hours when the holiday coming or contract expire, Party B will be paid according to practical lessons.
10. This contract will be issued in duplicate. The Chinese and English versions have the same validity of law. It�ll become effective with the signature of Party B and stamp of Party A.

[7969]

[mike w]

Ditch it quickly!!

[arioch36]

100% with mike, this contract is trouble, and most likely not legal. No, not legal.It violates so many rules of the SAFEA (the bureau that gives you the permission to work here)

City in Jilin province. yep I hear farming out. The work contract can only be with a specific work unit, a specific school. If they say anywhere in Jilin province , then they have, or want to have branched in many small cities. If you like , I would predict you going to several small cities, leaving early in the morning (no pay for travel time) small city Smiling for photos, doing demonstrations, then returning late at night.

300 RMB withholding, illegal ... translate=FT's often leave in midcontract so we need ways to blackmail you.
SAFEA book says school must pay for winter holiday, think this is a Chinese law

SAFEA standard one year contract full round trip reimbursed

Etc.


Not the worst contract I have seen, NDI had that, though they "paid" more

Certainly the most dangerous sounding contract. Their primary concern is definitely on preventring you from escaping, probably because many other FTs have escaped, and they will try to control you.

Also, if you read betwen the lines, and know the system, all of your classes will be nights and weekends. Did iy say anything anout days off? Nope, don't think so. Picture this. 2 hours class every week night (actually, maybe three, because they didn't say "teaching hours, and this sounds like the kind of school that pulls that crap) Monday thru friday 10 hours of class, 12 more on the weekends.. Definitely if you decide on taking the job because of limited other opportunities, try to change a lot of the wording.

And remember, this is CHina .. Bargain, Bargain, Bargain

[fitzgud]

Google this,

[email protected]

Enjoy the trip, it will bring you back to Dave's and many threads here, if you have not contemplated suicide before you get that far.

Should you actually choose to go there, do not be surprised to be welcomed by a big white cross painted on the door.

[Lobster]

That's not a contract; it's an abomination. That you'd even give it passing consideration worries me. You would have a terrrible time here getting fleeced left and right.

RED

[hmok]

Thanks to all who replied.
All three posts has been very helpful.
You guys have pointed out dangers that did not occur to me.
I won't be trying for the position any more which will save myself from having to escape few months down the line.

May I ask if anyone knows of good employers in China who will employ non-graduates like myself without shafting them up the backside?

Again, all help will be much appreciated.

[arioch36]

Lobster, long time no hear.

Lobster is the most level headed of us, when he/she /it says beware of a contract, well Lobster is the most positive of us all

[hmok]

[hmok]

[Voldermort]

I have only one thing to say, STAY AWAY! This is the same agency that screwed me over some 5 years ago! If you want more info, do a search on some of my earlier (as in not long after I joined) posts!

[buth678]

It reminds me 2 years ago in Jilin,same contract ,same pay same deduction but the worse is they hold my passport .

[killian]

bad, bad, bu hao.

[eddy-cool]

I didn't even read part II (your duties) before I had made up my mind: Unacceptable.

Poor pay and this from a commercial supplier of 'English classes'. You will be shunted around from one 'client' to another. An unnerving prospect for unsatisfactory remunerations.

[Orrin]

This sounds like the perfect gig for a backpacker. Everyone else should avoid it like the plague.