Job Discussion Forums

Greg 09 · Joined: 30 Jan 2009 Posts: 169

Anyone care to comment on these lines, found in a contract?

Party B shall inform Party A 5(five) work days ahead of the time that he will travel or leave the city of Party A�s and keep Party A fully informed of any travel plans and off-campus activities.

Upon agreement through consultant, if Party B undertakes more than 16 teaching periods per week. Party A shall pay Party B for the overtime at RMB X Yuan per teaching period. The extra payment will be calculated and dispensed at the end of each semester. If Party B fails to fulfill the appointed tasks without appropriate reasons, he shall be amerced in accordance with the regulation of Party A�s on the Administration of foreign teachers in the last month of the semester.

Thanks in advance

Lobster · Posted: Mon Jul 12, 2010 3:40 am Post subject:

Sure! These clauses were put in there to warn you that these people are dorks. I love the vague wording of the second clause that allows them to refuse to pay your OT at the end of the semester for any reason they can dream up. Insist that they include a clause that gives you a breach penalty of 1 million rmb if you are "dissatisfied" with the teaching conditions. That will even things out.

RED

kukiv · Joined: 13 Dec 2009 Posts: 328

Greg 09 · Joined: 30 Jan 2009 Posts: 169

Yes, I did talk to a guy who's been there 3 years. I didn't mention this clause but asked about freedom of movement. He said he comes and goes as he pleases.

kukiv · Joined: 13 Dec 2009 Posts: 328

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Yeah, some contract clauses can be an annoyance to say the least. Either make them clarify things that concern you or change the wording or get rid of them altogether.

A clause in my contract talks about guests in my home. I am to report any time I have someone staying overnight and longer. I know that there are two reasons for the clause: a) so I'm not bringing home prostitutes every night - - gotta make sure I respect those Chinese "values" and b) that I don't invite a long-term roomie to share my place, charging rent and pocketing the money - - also, fictional roomie would use up more utilities that the school is footing the bill for.

So, I agree with the clause and would never bring home prostitutes (well, geez, at least not every night! Laughing

) and would never invite someone to live with me on the school's jiao. But, I do have friends from out of town come by for the weekend from time to time and they are welcome to crash on my sofa and I never mention this to my school. I think they wouldn't be concerned about these types of visits anyway.

Some clauses are to try and protect us as well. Telling your school where you are traveling to is prudent on their part as they are responsible for your well being. If you end up mugged or beaten or injured in some way, you will need to contact them. Not that your NOT telling them would have prevented the crime, but at least they are moderately keeping track of you and may have contacts in the city/area where you will be that can come to your aid very quickly.

Just playing devil's advocate . . .

kukiv · Joined: 13 Dec 2009 Posts: 328

randyj · Posted: Tue Jul 13, 2010 12:20 am Post subject:

Greg 09 · Joined: 30 Jan 2009 Posts: 169

struelle · Joined: 16 May 2003 Posts: 2372 Location: Shanghai

I'd be leery of that 'travel' clause. At my recent job, we never had such a formal clause in the contract, but our principal always wanted to track our locations and where we went on, say, October or Spring break. We would have to sign forms and all that jazz.

He also said repatedly, "We don't want teachers who come here to see China. We want teachers who come here to work" So it was pretty clear about his stance on the matter. If he had his way, such a clause on travel reporting would have easily made it into the contract.

I'd suggest asking them to get rid of that clause altogether or start looking for another job.