Job Discussion Forums

[inchinanow]

I have worked in China for more than 2 years now. I will return to the USA in July. I would like to give you newbie�s some advice.

If I had to do this all over again, I would do the following in regards to contracts.

1. Give yourself an out. If it does not work out with the school, make sure there are reasonable conditions for canceling the contract, such as: two weeks notice. I wouldn't sign anything that requires more than 1 month notice. Be careful about penalties also.
2. Always make sure everything is legal and that the school has the proper license to operate. Never come here without an Invitation Letter, Work Permit and a Z-Visa. Do not try and teach on a tourist Visa, because you are only asking for trouble.
3. Be careful about the clauses that mention payroll deduction or penalties. They need to be precise about these penalties.
4. Be careful about vague statements, such as "other duties" or "marketing activities". You may find yourself in front of a KFC passing out flyers, teaching many extra classes or being sent to other locations.
5. Make sure everything is crystal clear in your contract. If you have any doubts, insist they clarify or change the contract to meet your requirements.
6. Don't expose yourself to tricky or deceptive business practices. Be on your guard.
7. Get references from other Western Teachers.

Teaching in China can be a wonderful experience, but it can just as easily turn into a nightmare. Do your homework before you sign and do not be too rushed or desperate.

[inchinanow]

opps: forgive my misspelling. Quitting not Quiting!

I am a science guy, not an English teacher.

[Non Sequitur]

I think you should keep in mind that the public school employers use a basic document issued by the Foreign Experts Admin. Doesn't stop horror stories but at least people considering taking employment in public sector schools have something to compare against.

[chinesearmy]

great post!

[El Chupacabra]

It doesn't matter if anything is crystal clear in your China contract. The courts don't interpret by the language as we do in our laowai countries. Odds are you'll never wind up arguing in front of a Chinese magistrate anyway.

As others have posted, the basic contract is a boiler-plate used by most schools in China. The closer your contract is to this boiler-plate, the easier your life will be. It's easier because the employer is not dwelling on minutiae. When there's extra stuff in the contract, it's usually to the school's benefit. Then you may actually wind up passing out flyers in front of KFC!

In other words, there is no reason to add weasel clauses for yourself. Truth is, if there is more than one foreign teacher at your location, you're all going to sign the same contract. And the contract will not be honored to the letter all the time. You just have to choose your battles, and not complain about every minute breach. Even your weasel clauses may be all for naught.

In a sense, Chinese contracts are mostly about good faith, ie. relationships. Try to suss out your employer for sincerity, then sign the requisite documents. Some contract terms, such as salary, are ironclad. Other terms, such as payment on or before the 1st of the month, or keeping your utilities on 24/7, are mere suggestions. Expect some payment delays and no-water days, and an occasional brownout or two. But don't think you'll have a lawsuit on your hands. China doesn't work that way.

Unless you have an unusual acrimony with your school, most contractual "inconveniences" are made up for in noncontractual ways. Expect an occasional banquet, or flexibility in changing a class time on the weekend you want to make a side trip. Just don't act like a western lawyer, and smile alot.

[Non Sequitur]

The biggest departure from the Foreign Experts standard I have encountered recently is to change the max break fee from RMB8000 to RMB90,000.

[inchinanow]

In a sense, Chinese contracts are mostly about good faith, ie. relationships.

There is not much "good faith" in China. This society does not operate like a Western Country. In the West, you might rely upon someone�s morality or conscious to do the right thing. Here, they are very practical, often amoral and all relationships are based on power, not any sense of moral duty.

So if you are negotiating from a position of power, this is to your advantage. That is to say, if you have something they want. Chinese do not want to do anything for you, unless they can get something in return.

If you have no power, and you are making demands, then chances are you have already lost the battle.

[El Chupacabra]