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Contract Question

 
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AnomanderRake



Joined: 06 Feb 2011
Posts: 29
Location: Beijing

PostPosted: Sun Feb 13, 2011 2:52 pm    Post subject: Contract Question Reply with quote

I have a contract question. Has anyone heard of a recruiter having teachers sign a contract with them directly and then subcontracting them out to a school? The idea being the recruiter acting as a permanent go-between and pocketing a substantial portion of the monthly pay.

Is this legal? Can a recruiter enter into a "full-time" employment contract with a foreigner? My thinking is they need some-kind of special license to employ foreigners full-time.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun Feb 13, 2011 4:22 pm    Post subject: Reply with quote

Never heard of it. Pretty bizarre. You'd have a contract with the recruiter AND a contract with the school? Meaning two places would have you under their thumb in a country where you have no rights.
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AnomanderRake



Joined: 06 Feb 2011
Posts: 29
Location: Beijing

PostPosted: Mon Feb 14, 2011 12:39 am    Post subject: Reply with quote

No, just a contract with the recruiter that states I will work a certain amount of hours for the school and no contract directly with the school. And I get paid half what the direct hires at the school get with no benefits. I realize it is not good. I am wondering if anyone knows the legality of this set up.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Mon Feb 14, 2011 12:48 am    Post subject: Reply with quote

i doubt anyone here can tell you. not many laowai are acquainted with chinese labour law.
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dog backwards



Joined: 27 Jan 2011
Posts: 178

PostPosted: Mon Feb 14, 2011 1:51 am    Post subject: Reply with quote

One thing that I do know is that anyone who is authorized to hire foreign experts is issued a license which should be no problem for a legit business to produce.

Try contacting the SAFEA in the province that the recruiter is in. If you can get someone to answer the phone, find out if that recruiter is authorized to hire foreign experts.

The real acid test is to ask the recruiter if he can provide a letter of invitation which you would submit to one's Chinese consulate to obtain a Z visa. No letter of invitation= probably not legitimate.
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